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Terms of Service

The terms and conditions listed below outline how you may use certain Jackson goods and services—such as reynoldsaimes.com and mobile applications—that are provided by The Jackson Company and a few of its subsidiaries (“reynoldsa”, “us” or “we”). Important Notice – Arbitration Agreement and Class Action Waiver: By agreeing to be bound by the terms of service, you agree that all disputes between us will be resolved through binding arbitration, with the exception of certain limited types of disputes that are described in Section 12 below. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY reynoldsa PRODUCTS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. You also agree that all disputes between us, whether in court or through arbitration, will be brought only on an individual basis and that you are waiving your right to bring or participate in a class arbitration or class action. PLEASE CLICK HERE TO READ SECTION 12 OF THIS AGREEMENT FOR FURTHER DETAILS. For information on how Jackson uses, gathers, and shares any personal information, please see our Privacy Policy. BY AGREEING TO ARBITRATION, YOU GIVE UP THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO A COURT OF ARBITRATION. If you live outside of the European Economic Area, you agree to the processing operations outlined in our Privacy Policy as permitted by your local laws by accepting these Terms of Service. Table of Contents USER-GENERATED CONTENT, GENERAL RULES AND DEFINITIONS, REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION, LIMITATION OF LIABILITIES, REGISTRATION AND SECURITY FEES AND PAYMENTS, THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES, SOFTWARE LICENSES, TERMINATION GOVERNING LAW, JURISDICTION WAIVER OF CLASS ACTIONS, ARBITRATION, MISCELLANEOUS SPECIAL TERMS: BETA TESTING 1. General Rules and Definitions 1.1 By using any of the following: reynoldsaimes.com (the “Site”), reynoldsa’s mobile sites and applications, any of the features of the Site, including but not limited to RSS feeds, APIs, Software (as defined below) and other downloads, and reynoldsa’s Home Delivery service (collectively, the “Services”), you agree to be bound by all terms and conditions of these Terms of Service between you and reynoldsa. 1.2 At any time, we may add to, modify, or delete any part of these Terms of Service by sending you a written notice of the change (which may include an email or an update to the “Last Updated On” date above). These modifications will take effect as soon as they are posted. Before using the site for the first time, you must read these terms of service. 1.3 YOU MAY: (1) CANCEL YOUR ACCOUNT (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE) AND/OR (2) DISCONTINUE YOUR USE OF THE SERVICES IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE YOUR ACCEPTANCE OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS. 1.4 We reserve the right to modify, halt, or terminate any component of the Services at any moment, including the accessibility of any feature, database, or content. Without prior warning or obligation, we may also place restrictions on certain features and services or deny you access to all or part of the Services. 1.5 Using the Services requires you to be exposed to advertisements. 2. CONTENT OF THE SERVICES 2.1 You may use the Site and the Services for personal, non-commercial purposes. All content published or made available on the Services, including but not limited to text, pictures, illustrations, designs, music and video clips, metadata, data, compilations, “look and feel,” and photographs—collectively referred to as “Content”—is copyright protected and either owned or controlled by The Jackson Company or the organization identified as the content provider. In addition, The Jackson Company has copyright to the arrangement—the process of choosing, organizing, compiling, and improving such content. Any additional copyright notices, guidelines, or limitations that may be included in any Content that you access via the Service must be followed by you. The following uses of content are not considered non-commercial: (1) the creation of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system; or (2) giving archived or cached data sets containing Content to another person or entity. These uses require prior written consent from The Jackson Company. 2.2 In accordance with national and international laws, the Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights in or to the Services and Content. Any part of the Content (or its Arrangement) or the Services (including Software) may not be altered, published, transmitted, involved in the transfer or sale of, reproduced (apart from what is permitted in Section 2.3 of these Terms of Service), used to create new works, distributed, performed, displayed (including through framing and inline linking), communicated to the public, or used in any other way. 2.3 As long as you preserve any copyright and other notices included in the Content and other downloadable things, you are free to download or duplicate the Content and other downloadable items that are presented on the Services for your own personal use only. It is strictly forbidden to copy or store any Content for purposes other than personal use without first obtaining written permission from The reynoldsa Rights and Permissions Department or the copyright holder mentioned in the copyright notice included with the Content. 2.4 The Associated Press and Reuters provide certain content; they do not assume any liability for any delays, inaccuracies, errors, or omissions in this content, or in the transmission or delivery of all or any portion of it, or for any consequential damages. 3. User-generated content: submissions such as comments, reader reviews, and more 3.1 By uploading, posting, or submitting any content on the Service, you guarantee to us that you are the owner of all necessary permissions to do so and that it won’t infringe upon anyone else’s rights or the law. It is forbidden for you to post, distribute, or publish any libelous, defamatory, obscene, pornographic, abusive, or unlawful content on the Services. It is forbidden to pretend to be someone else or to falsify your identity, affiliation, or position in any other way. You promise not to intentionally mislead or knowingly supply false information in order to commit fraud. No malware, viruses, spyware, or other harmful software or files may be uploaded, distributed, or published in any way on the Services by you. It is prohibited for you to post, distribute, or publish any material to the Services by automated methods. Show courtesy. You promise not to use abusive or threatening language against other users, to intentionally sabotage conversations with pointless or repeated posts, or to engage in “spam.” Like any community, ours thrives online only when its members feel secure and welcome. You pledge to refrain from speaking in a way that is abusive or discriminatory against anybody based on their race, religion, nationality, gender, sexual orientation, age, geography, handicap, etc. Any kind of hate speech is cause for an immediate and permanent suspension of your ability to use all or any of the Services. Don’t attack; instead, debate. People in a community full of preferences and perspectives will constantly differ. While personal attacks are a clear violation of these Terms of Service and will result in an immediate and permanent suspension of your ability to use all or part of the Service, reynoldsa promotes lively debate and lively debates on the Services. 3.2 Only noncommercial use of the Services is permitted. It is strictly forbidden to distribute or publish any content that contains an advertisement, a request for cash, or a request for products or services without Jackson’s prior consent. You are not allowed to collect, retain, or utilize any user information for any purpose that isn’t specifically allowed by these Terms of Service while using all or part of the Services. 3.3 You agree that any user-generated content you submit to the Services, such as comments, forum posts, reviews, text, audio, video, photographs, computer code, and applications (collectively, “Submissions”), may be edited, removed, modified, published, transmitted, and displayed by Jackson, and you forfeit any rights you may have to have the material changed in a way that doesn’t satisfy you. Submissions submitted to the Services might potentially be made accessible for republishing in other forms and included in our RSS feeds and APIs. 3.4 By submitting a Submission, you grant Jackson a perpetual, nonexclusive, worldwide, royalty-free, sublicensable license to use the Submissions; this license includes, but is not limited to, the right for Jackson or any third party it designates to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media currently known or developed at any time. Among other things, Jackson grants licenses for remarks to be used by corporations, governments, universities, and businesses. In these situations, efforts are made to delete private content from these comments. 3.5 The content of your Submissions is entirely your responsibility. Nevertheless, reynoldsa retains the right to remove, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable. Despite the fact that reynoldsa does not and cannot review every Submission, it is not responsible for the content of these messages. 3.6 By submitting a contribution, you agree to its publishing and exhibition on the website, inside the services, and for associated online and offline marketing purposes. 4. PROHIBITED USE OF THE SERVICES: 4.1 You are not permitted to use the Services in any way that might endanger us or a third party, nor to try to do so. You may not use the Services in a way that violates any relevant laws, export restrictions, sanctions, or the intellectual property rights, other proprietary rights, or legal rights of us or any other party. Furthermore, you commit to not attempting to bypass, reverse engineer, decrypt, or otherwise change or tamper with the Services or any of its content, nor to assist or encourage others in attempting to do so, nor to make any unauthorized use of the Services. The following are prohibited without the prior written consent of reynoldsa: (1) accessing any portion of the Services, Content, data, or information that reynoldsa has revoked your access to; (2) using robots, spiders, scripts, services, software, or any other manual or automatic device, tool, or process intended to data mine or scrape the Content, data, or information from the Services; or (3) using the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system. The following actions are prohibited: (4) using services, software, or any manual or automatic tool, device, or process intended to get around any limitation, condition, or technological measure that controls access to the Services in any way; (5) caching or archiving the Content (apart from the use of spiders by public search engines to create search indices); (6) placing an excessive or disproportionately heavy load on our network or infrastructure; and (7) performing hacking that could disable, damage, or alter the functioning or appearance of the Services, including the display of advertisements. 4.2 Using the Services for unlawful purposes may subject the user and others helping them to administrative, civil, criminal, and/or other penalties, fines, or punishments. 5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES 5.1 You hereby represent, warrant, and covenant that: (1) no materials of any kind submitted through your account will: (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (2) contain libelous or otherwise unlawful material. (2) You further represent that, if you are under eighteen years old, your parent or legal guardian has read and approved of these Terms of Service. This agreement binds you to defend, indemnify, and hold harmless Jackson and all of its officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of: (1) any breach of these Terms of Service or the aforementioned representations, warranties, and covenants by you or any user of your account; or (2) your egregious negligence or deliberate misconduct. You have to assist the defense of any such claim to the extent that is reasonably needed. Jackson maintains the right to take exclusive defense and control of any issue for which you are liable, at its own cost. 5.2 No advice, opinion, statement, or other information posted, published, or distributed via the Services by any user, information source, or other person or organization is represented or endorsed by reynoldsa as accurate or reliable. As a consequence of a user’s interactions with other users, reynoldsa will not be held accountable to you or anyone else. You understand that you will bear all risk if you rely on any such statement, advise, opinion, memorandum, or information. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, reynoldsa DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE WILL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED IN THE SITE, THE CONTENT, OR THE SERVICES. NOTHING CONTAINED IN THE SITE WILL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. 5.3 Under no circumstances will Sony, its affiliates, directors, officers, employees, advertisers, suppliers, content providers, and license holders (collectively, the “reynoldsa PARTIES”) be liable to you or any other person for any indirect, consequential, special, incidental, punitive, or exempt damages resulting from your use of the services, submissions, or content, including, but not limited to, lost profits, lost savings, lost revenues, lost goodwill, or computer failure or malfunction (collectively, the “ExCLUDED DAMAGES”). Regardless of whether the alleged liability is based on negligence, tort, contract, or another theory of liability, these limitations apply. Additionally, regardless of whether any of the reynoldsa Parties could have reasonably been expected to foresee or have been informed of the possibility of any of the excluded damages, and regardless of the failure of a limited remedy’s essential purpose, the reynoldsa Parties’ liability will be limited to the maximum extent permitted by applicable law if any applicable authority finds any portion of this section to be unenforceable. 6. REGISTRATION AND SECURITY 6.1 You will generate login credentials during the registration or account creation process by choosing a password, entering your email address, and connecting an account—like your Apple, Facebook, or Google accounts—as part of the procedure. Additionally, you can be asked for particular registration data, which has to be current and precise. Every registration is only for one person. It is strictly prohibited for you to provide your login credentials to other parties or to share them with others. If you reveal your login information, we have the right to terminate or suspend your access to the Services. You are in charge of keeping your password private, which you are not required to provide with any Jackson representative or agent. You are not permitted to: (1) choose or use someone else’s login credentials with the intention of impersonating that person; (2) use someone else’s login credentials without that person’s consent; or (3) use someone else’s login credentials that we, in our sole judgment, find objectionable. Your account may be immediately suspended or terminated for violating our terms of service, so please make sure you follow these guidelines. You agree that we may send alerts to the email address you supply us electronically. You acknowledge that any legal need that these communications be made in writing is satisfied by any notices, disclosures, and other communications that we provide to you electronically. You acknowledge that you are able to save these electronic messages so that you may access them at any time without losing their original format. 6.2 If you become aware of any known or suspected unauthorized use(s) of your account, or if you suspect any security breach, such as the loss, theft, or unauthorized disclosure of your password or credit card information, please contact us at help@reynoldsaimes.com. 6.3 To use any portion of the Services in the USA and the UK, you must be 13 years of age or older; globally, you must be 16 years of age or older. In order to use, subscribe to, or register for any part of the Services as a minor, you must get your parent or legal guardian to read over and accept these Terms of Service before using any part of the Services. Alternatively, you can ask them to complete the purchase and/or registration on your behalf. 6.4 You are in charge of any activity or use of your Jackson account, including use of the account by any third party that you have given permission to access it using your login information. At our sole discretion, we reserve the right to terminate your account for fraudulent, abusive, or otherwise unlawful activities. We may also forward your information to the relevant law enforcement authorities. 6.5 In the event that a third party (such as your employer or a school where you attend) gave you access to any Service, (collectively, the “Client”), the Client may have given us information about you so that we could grant you access to the Services and identify you apart from other subscribers (such as your IP address, email address, or name). 6.6. It is not within our purview to ensure that any of the Services are devoid of viruses or other malicious or contaminating code. It is your duty to put in place the necessary IT security measures (such as antivirus software and other security checks) to meet your specific needs regarding the dependability and safety of the Services. 7. PAYMENTS AND FEES 7.1. We retain the right to impose fees for access to all or any part of the Services at any time. However, unless we have your previous consent to pay such charges, you will never be charged for access to the Services. As a result, we will notify you in advance of any costs if we decide to charge for any of the currently free components of the Services in the future. You have the option to terminate your service at any moment (see to Section 10.1 for details). Any additional costs will be clearly announced on the website and in other relevant places throughout the service. All fees and charges associated with your account, including but not limited to those for any digital goods or services that we or any other vendor or service provider offer for sale through the Services, must be paid by you at the rates that are in force for the billing period in which they occur. You will be invoiced for and responsible for paying any fees and charges. All taxes that are relevant to your use of the Services via your account must be paid by you. 8. Links to third-party websites and content from third parties. 8.1 The Services provide connections to information, advertisements, and websites operated by other parties (collectively, “Linked Content”). None of the Linked Content is under the authority of, sponsored by, recommended by, or otherwise attributed to Jackson. You should refer any issues about any Linked Content to the relevant website since we are not responsible for the availability, contents, or privacy policies of these other sites. 9. SOFTWARE LICENSES Subject to these Terms of Service, the Terms of Sale (where applicable), and any additional terms unique to the individual application, you are granted a limited, revocable, and non-transferable license to use the mobile applications (hereinafter, “Apps”) on devices that you own or have the legal right to use. The proprietary software and accompanying documentation, as well as any additions or changes made to it, that you were given in order to use the Services are not your property (“Software”). No license issued by Jackson shall be subject to sublicensing, assignment, or transfer, and any effort to do so would be deemed invalid. You are only allowed to create one copy of such software for storage needs. Other than that, you are not allowed to distribute, duplicate, alter, reverse engineer, or make derivative works using software. 10. TERMINATION; SURVIVAL 10.1 You have the option to cancel your account at any moment by contacting Customer Care by phone at 866-273-3612 (if you are not in the United States, please refer to our foreign contact information) or by chat here. Our Cancellation and Refund Policy for Digital items shall apply when terminating paid digital items. 10.2 For any reason, including but not limited to violating or assigning these Terms of Service, Jackson may, in its sole discretion, terminate or suspend your access to all or part of the Services. 10.3 Should your account or access to all or part of the Services be terminated, the terms and conditions of this agreement will still be in effect. 11. GOVERNING LAW; JURISDICTION 11.1 Without regard to their conflict of law provisions or the United Nations Conventions on Contracts (if applicable), these Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed in the State of New York. 11.2 Any claim or action resulting from or connected to the use of the Services or these Terms of Service must be brought within a year of the claim’s or action’s emergence, failing which it will be permanently barred. You will never be entitled to an injunction or other kind of equitable relief, and any claim you may have in relation to these Terms of Service will only be compensated by monetary damages. 12. Class action waiver; arbitration 12.1 binds parties to arbitration. You and Jackson recognize that any statutory or common law claims pertaining to intellectual property may call for equitable remedies that are best handled by courts; as a result, you and Jackson agree that any dispute or claim arising out of or relating to the Terms of Service, the Terms of Sale, your relationship with Jackson as a subscriber, or your use of any of Jackson’s Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (the “Covered Claims”), will be settled by A TRIAL BY JURY AND THE RIGHT TO FILE A LAWSUIT IN COURT ARE GIVEN UP WITH YOUR AGREEMENT TO ARBITRATE; INSTEAD, YOU WILL APPEAR IN FRONT OF A NEUTRAL ARBITRATOR FOR A HEARING REGARDING ALL COVERED CLAIMS. 12.2 WAIVER OF CLASS ACTIONS: YOU AND reynoldsa UNDERSTAND THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A MEMBER OF A CLASS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING NON-LIMITED A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. 12.3. Arbitration Procedure and Governing Rules. The American Arbitration Association (“AAA”) shall conduct arbitrations for any disputes between us pertaining to the Covered Claims in compliance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). Please visit the American Arbitration Association website at adr.org for further information on arbitration, the AAA, and the arbitration procedure. With the exception of matters pertaining to the extent, applicability, and enforceability of the arbitration clause—such as whether any claims fall within the purview of this provision’s definition of Covered or Excluded Claims—all matters shall be decided by the arbitrator. The Federal Arbitration Act controls the interpretation and execution of this clause, as acknowledged by the parties, but New York law applies to any arbitration under this section, as specified in Section 11. You may still report concerns to federal, state, or local authorities after this arbitration agreement expires, and if permitted by law, they may pursue remedies against us on your behalf. Both parties agree that before starting arbitration for a Covered Claim, they will give the opposing party a personalized written notice of the potential claim that includes the following details: (1) the claim’s factual and legal basis; (2) the potential claimant’s contact information and any applicable legal counsel; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Before pursuing more formal methods of settlement, such as, without limitation, arbitration or other court action, the parties undertake to make a good faith attempt to settle the claim for at least 30 days after the opposing party receives the Notice. Write to legal@reynoldsaimes.com or The reynoldsa Company, Attn: Legal Department, 620 Eighth Avenue, New York, NY 10018 to notify reynoldsa of a claim. Any proceedings for the arbitration will take place at a venue to be decided in compliance with the AAA Rules, unless you and Jackson agree otherwise in writing. The AAA Rules will apply to the payment of all filing, administrative, and arbitrator fees; however, if the arbitrator determines at any point that a claim was filed frivolously, in an attempt to harass someone, or in any other way in bad faith, the filing party shall reimburse the other party for all expenses and fees—including legal fees—related to that claim. Any federal or state court with competent jurisdiction situated in the County of New York in the State of New York may issue a judgment based on the arbitrator’s verdict. Only the specific party requesting relief may be granted financial or equitable remedies, and only to the degree required to satisfy that party’s particular claim. The arbitrator will not offer a justification for the ruling unless both parties request it in order to expedite the arbitration and save money. 12.4 An competent federal or state court situated in the County of New York in the State of New York shall be the exclusive jurisdiction and venue for any action pertaining to Excluded Claims and any other conflict or claim for which arbitration is refused. 12.5 In the event that these Terms of Service, the Terms of Sale, your relationship with us, and/or your account or profile are terminated, all of the terms in this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall remain in effect. 13. MISCELLANEOUS 13.1 New York law has been followed in the creation of these terms of service and will be followed in their interpretation and enforcement. Any legal action to enforce these terms of service must be filed in New York City federal or state courts. 13.2 Our Privacy Policy’s assurances are not negated by anything in these Terms of Service. 13.3 The email address for correspondence is help@reynoldsaimes.com. 13.4 You promise to notify Jackson of any infringements of the Terms of Service as soon as you learn of them. Please send an email to copyrights@reynoldsaimes.com if you believe that any content included in a Service violates your copyright. 13.5 If we do not act in response to a breach by you or any other party, it shall not be construed as a waiver of our right to act with respect to similar breaches or to enforce any other terms or conditions of these Terms of Service in the future. Please send all general inquiries to help@reynoldsaimes.com. 13.6 Should a clause in these terms of service be declared unlawful or unenforceable for any reason, it will be considered severable and will be interpreted to the greatest extent feasible in accordance with the law, reflecting the parties’ intentions. Any remaining clauses will continue in full force and effect and will not be altered in any way regarding their legality or enforceability. 13.7 Please provide the following information in writing to Jackson’s Copyright Agent if you think that your work has been copied in a manner that violates copyright (for further details, see to 17 U.S.C. § 512(c)(3)). Please note that in order for the Notice to be legally binding, it must contain the following: the physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive copyright; a description of the copyrighted work that you claim has been infringed; the location of the material that you claim is infringing on the Site; your address, phone number, and email address, along with any other reasonably sufficient information to allow us to contact you; a statement from you stating that you have a good faith belief that the disputed use is not permitted by the copyright owner, its agent, or the law; a declaration from you, under penalty of perjury, stating that the information in your Notice is true and that you are the copyright owner. For more information, see 17 U.S.C. § 512(g). If you think that any content or materials you uploaded, posted, or submitted to the reynoldsa Service were later removed from the reynoldsa Service, or that access to the reynoldsa Service was improperly removed or disabled, please submit the following Counter-Notification to reynoldsa’s Copyright Agent: your electronic or physical signature. a description of the items that have been taken down or to which access has been restricted, together with the place where the content was previously visible before those actions were taken. a declaration made under penalty of perjury stating that you really believe the material was deleted or disabled due to an error or misidentification of the content that was to be removed or disabled. Name, address, phone number, and declaration that you will accept process from the individual who notified you of the alleged infringement; moreover, you agree to the jurisdiction of the Federal District Court for the judicial district in which the address is situated. The following addresses should be used for notices of alleged copyright infringement: By mail: The reynoldsa Company 620 Eighth Avenue New York, NY 10018 Attention: Copyright Agent 212-556-1234 By email: copyrights@reynoldsaimes.com 12.8 If you live in California, you may contact us by phone at 1(800) 698-4637 or through chat in order to resolve a complaint about the Services or to get more information about using the Services. Additionally, you may write to the Complaint Assistance Unit at 1625 N. in the Division of Consumer Services of the California Department of Consumer Affairs. Market Blvd., Suite S-202, 95834 Sacramento, CA 95834, or (800) 952-5210) over the phone. 14. SPECIAL TERMS 14.1 Pilot Project Evaluation. Before they are made available to the public or are sold, Sony may ask you to test and assess software, apps, downloads, or other features (henceforth referred to as “Beta Test Services”). By opting to take part in the beta test services, you agree to be governed by these special terms as well as to provide reynoldsa specific comments and recommendations based on your observations and analyses of the beta test services (“Feedback”). For each unique Beta Test Service, Jackson may need you to sign a confidentiality agreement. If so, these terms and conditions, which apply to all Beta Test Services, as well as the confidentiality agreement will govern your involvement as a tester (the “Tester”). Furthermore, you acknowledge that any content included in the Beta Test Services as well as any other materials within (collectively, the “Pre-Release Materials”) constitute proprietary or private knowledge of Jackson. Participating in Beta Test Services is contingent upon your agreement to the following terms and conditions: (1) not copy or reproduce the Pre-Release Materials; (2) protect the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of, and/or use of the Pre-Release Materials; and (3), if applicable, fully comply with the terms and conditions of the confidentiality agreement. You acknowledge that failure to uphold the aforementioned duties would create irreversible injury to Jackson, and Jackson is entitled to equitable remedy, such as an injunction, to stop any violation of your commitments, in addition to any other remedies at its disposal. Until reynoldsa officially publishes the Pre-Release Materials you are testing or until he discloses them to the public in any other way—without your fault—you will be obligated to keep them private. You agree to promptly erasing any copies of the pre-release material that Jackson sent you, upon request. You are permitted to use the beta test services just to assess them and help Jackson find any mistakes. Regarding the Beta Test Services or other material, nothing in these Special Terms or these Terms will be interpreted as giving you any rights or advantages. The beta test services are given “as is” and “as available,” and there are no warranties, either implicit or explicit, from Sony to you. By using the Beta Test Services, you agree that: (1) participating in Beta Test Services is at your own risk and you know that the Beta Test Services may include known or unknown bugs; (2) any status indicators or preferences saved within Beta Test Services may be erased at any time; (3) reynoldsa has no obligation to make these Beta Test Services available with or without charge for any period of time, nor to make them available at all; (4) these Terms also apply to your use of the Beta Test Services; (5) if requested, you will keep all information about the Beta Test Services confidential as stated above; (6) any Feedback you provide will become the property of reynoldsa without any right to compensation or other obligation from reynoldsa; (7) reynoldsa may (or may not) use or otherwise exploit all or part of your Feedback or any derivative of it in any manner or media now known without any further remuneration, compensation or credit to you; (8) your participation to the Beta Test Services is on a purely voluntary basis and in consideration of the opportunity to assist reynoldsa with the Beta Test Services; and (9) nothing in these Special Terms or your participation in the Beta Test Services creates any employment relationship between you and reynoldsa. These Special Terms shall take precedence over the other Terms in the event of a dispute. 14.2 Terms for Users of Apple Products. In the event that the application you download, open, and/or use comes from the Apple App Store: 1. You and Jackson recognize that the Terms are made only between you and Jackson, not with Apple, and that Apple is not liable for the Content or the applicable mobile apps (hence, “App”); 2. Subject to all of the terms and conditions of these Terms as they relate to the Services, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the App only in conjunction with the Services for your own private, personal, and non-commercial use; 3. The App may only be used in conjunction with an Apple device that you either own or manage; 4. You understand and accept that Apple is under no circumstances required to provide any maintenance or support services in relation to the App; 5. You may inform Apple of any failure on the part of the App to comply with any relevant guarantee, including those implied by law; upon notice, Apple’s only warranty duty to you will be to reimburse you for the App’s purchase price, if any; 6. You understand and accept that any claims you or any third party may have over the App are the responsibility of Jackson, not Apple; 7. You understand and agree that reynoldsa, not apple, will be in charge of the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App violates that third party’s intellectual property rights; 8. You guarantee and indicate that you are not in a nation covered by a U.S. government embargo, or that which the United States has designated. the government as a nation that “terrorist supports,” and that you are not included on any U.S. List of parties that the government has banned or limited; 9. In using the App, you and reynoldsa both understand and agree to abide by any relevant third-party terms of agreement that may impact or be impacted by such usage; and 10. As the third-party beneficiary of these terms, Apple and its subsidiaries are acknowledged and agreed to by you and Jackson. You further agree that upon your acceptance of these terms, Apple will have the right—and will be deemed to have accepted the right—to enforce these terms against you.