hampr Terms of Service
Last updated: October 6, 2022
Thank you for using hampr! These Terms of Service (“Terms”) govern your use of the hampr services, including hampr’s website, hampr’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by hampr (collectively the “Services”), and are entered into by you and hampr, Inc. (“hampr”).
The Services comprise a platform that allows you to request laundry service by individual washers (“Washrs”). Pick-up and delivery of the laundry may be conducted by each individual Washr’s select method of transportation. You acknowledge that transportation or logistics services are provided by third-party independent contractors who are not employed by hampr.
When you use the Services to place an order for laundry service, you authorize the purchase and delivery of those services. You agree that hampr will obtain a credit card authorization for your credit card on file with hampr to cover the cost of the services requested and any separate hampr fees, and your card will be charged for the services rendered and any applicable fees, taxes, and/or tips. Your card may be temporarily authorized for an amount greater than the total amount of the order appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total service amount turns out to be higher than the original amount due to special requests, overstuffed laundry bags, or heavily soiled clothing.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms, hampr does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, service descriptions, promotions offers, and availability. If any information on the Services is inaccurate at any time (including after you have submitted your order and/or your credit card has been charged), hampr reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders without prior notice.
1. Your Use of the Services
hampr grants you a limited, non-exclusive, royalty-free, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and hampr’s policies. You may not copy, perform, modify, distribute, sell, or lease any part of the Services, and you may not create any derivative works of the Services. Any copy, modification, distribution, sale, lease, or derivative work of the Services you make without hampr’s express written permission violates this license and could result in (at minimum) termination of your right to use the Services or a claim of breach of contract or trademark or copyright infringement against you.
Unless such restriction is prohibited by law or you have hampr’s written permission from the Chief Technology Officer, you may not reverse engineer or otherwise attempt to extract (or “scrape” the Services through automated means or “frame” any part of the Services) the source code of the Services in any way for any reason. You may only access the Services through the interfaces that hampr provides, and you may not interfere with or attempt to disrupt the Services in any way for any reason.
You may have the option of accessing the Services through downloadable software, and this software may update itself automatically on your device. Portions of this software in the Services or otherwise downloaded by you, may be governed by open source licenses.
In the case of conflict between such a license and these Terms, the open source license will control only with respect to the portion of software to which it applies.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, links, and other materials). You retain all rights in any content that you upload or submit and are solely responsible for that content—subject to a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to hampr for hampr to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. hampr may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of state or federal law, these Terms, or any other policies. hampr disclaims any and all liabliity under all applicable laws for any content you upload or otherwise submit to hampr.
If you are using hampr on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
To use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Washrs and individuals who support hampr’s Help Center. hampr reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. hampr may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide hampr with any feedback on or comments regarding the Services, you grant hampr the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our website for our policies regarding the same.
2. hampr Communications
By creating an hampr user account, you agree to accept and receive communications from hampr or Washrs, including via email, text message, calls, and push notifications to the cellular telephone number you provided to hampr. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of hampr, its affiliated companies and/or Washrs, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt out of receiving text messages from hampr by replying “STOP” from the mobile device receiving the messages.
3. hampr Membership
hampr Membership is a laundry service membership that reduces the cost per load with each order placed through the Services for a monthly or yearly subscription fee. Deliveries made via hampr Membership are subject to availability. Service fees, special handling fees, and/or taxes may still apply. For combinations with other offers, restrictions may apply.
BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR hampr MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT CARD ON FILE IN YOUR ACCOUNT. If you do not want your hampr Membership to automatically renew, please contact support via the chat in the app. If you would like to change which credit card is charged, you can change this default in Your Account Settings.
if you have not placed any orders using your hampr membership, you may cancel your hampr Membership within the first 30 calendar days of your paid hampr Membership and receive a refund of the hampr Membership fee you paid. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the service through the end of your billing period.
From time to time, hampr issues hampr Memberships on a trial or promotional basis. Such trial or promotional hampr Memberships are subject to these Terms except as otherwise stated in the promotional offer and are for new customers or certain members only. Only one trial or promotional membership is available per household. After your free trial period expires, hampr will charge the applicable fee to the credit card on file with hampr. If you cancel hampr Membership before the trial period expires, hampr will not charge you. hampr may change the monthly or annual fee charged for hampr Membership at any time, but any such fee change will not apply to current hampr Membership members until your current hampr Membership expires and your hampr Membership is renewed for another term.
We may change other terms or conditions applicable to hampr Membership from time to time. Any new or renewed hampr Memberships will be subject to the terms of service displayed when you sign up for hampr Membership. hampr may also make such changes with respect to current hampr Memberships. In that case, hampr will provide you with notice at checkout of the changes and when those changes will take effect. If you disagree with the changes to your current hampr Membership terms of service, you may cancel your hampr Membership.
Your hampr Membership cannot be transferred or assigned. hampr reserves the right to accept, refuse, or cancel your hampr Membership at any time in its sole discretion.
You may cancel a membership before the memberships kits are fulfilled. If you already received your hamprs and you have utilized the service, hampr is unable to offer refunds. If your hamprs are unused, you can send them back for a refund within the first 30 days of becoming a member. Refunds are not issued until the returned hamprs are received and you will be responsible for covering the cost of shipping the hamprs back
4. Third-Party Products and Content
You agree that hampr does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that hampr will have no liability based on such purchase, use, or access.
5. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, hampr DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, hampr MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY WASHRS OR THIRD PARTY PROVIDERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. hampr DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF WASHRS OR THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY WASHRS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS OR SERVICES REQUESTED BY YOU OR DELIVERED TO YOU REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER hampr NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY WASHR OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY WASHR OR THIRD PARTY PROVIDER. NEITHER hampr NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY WASHR OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Washrs or Third Party Providers, you agree to release hampr (including hampr’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
For Wash and Fold, any reimbursement for an item or order deemed lost by hampr shall be limited to and shall not exceed five (5) times the charge for cleaning the lost item (not inclusive of tax and other fees) regardless of brand, price or condition of the garment, or $100, whichever is lower. To the fullest extent permitted by law, hampr’s aggregate liability in connection with a lost item shall not exceed the foregoing amount. hampr’s offer for reimbursement is valid for seven (7) business days once the offer is made. Any attempts at redemption beyond that will be evaluated on a case by case basis. All decisions on lost items are in hampr’s sole discretion and are final.
hampr will take up to ten (10) business days to recover any lost item(s) before payout occurs.
6. LIMITATION OF LIABILITY
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL hampr (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE ON THE PART OF hampr, EVEN IF hampr OR hampr’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL hampr (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY WASHRS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS OR SERVICES REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF hampr OR hampr’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
hampr, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY WASHRS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS OR SERVICES REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100.00 OR THE AMOUNTS YOU PAID hampr FOR THE SERVICES IN THE PRECEDING YEAR.
You agree to defend, indemnify and hold harmless hampr and its officers, directors, employees, independent contractors, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule, or regulation.
8. Disputes & Arbitration
If you have a dispute with hampr arising out of your use of the Services, you agree to contact hampr and attempt to work out any such dispute amicably. This good-faith attempt to reach an amicable resolution of any purported dispute is a condition precedent to any of the disputes below.
If you use the Services in the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution, both you and hampr agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND hampr EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action, or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing hampr at [email protected] with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.
The arbitration will be held in the United States county where you live or work, Lafayette, Louisiana, or any other location you and hampr mutually agree upon in writing.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees, and each party will be responsible for their own fees under those rules. However, hampr will pay for your portion of the arbitration initiation fee when: (a) the claim for damages does not exceed $75,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). hampr will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
9. Termination of Services
You can stop using the Services at any time without providing notice to hampr. Similarly, hampr may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4 through 16 survive and continue to apply to you.
10. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Louisiana for residents of the United States, without respect to conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 8 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Lafayette Parish, Louisiana, USA, for the residents of the United States, and you and hampr consent to the personal jurisdiction of those courts.
11. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with hampr, shall constitute the entire agreement between you and hampr with respect to the Services and any use of the Services. Should any provision of these Terms be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and said illegal or invalid part, term or provision shall be limited to the minimum extent necessary to make it legal or valid, but if not possible, such shall be deemed not to be a part of these Terms.
12. No Waiver
hampr’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. hampr may assign its rights, licenses, and obligations under these Terms without limitation.
14. Changes to the Terms
We may make changes to these Terms from time to time. When hampr does so, hampr will post the most current version of the Terms on hampr’s website and, if a revision to the Terms is material, hampr will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services as explained in Section 3.
15. Copyright and Trademark Policy
hampr respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. hampr will respond to valid notices of copyright infringement and reserves the right to terminate any users, at hampr’s sole discretion and without notice, who infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to hampr’s designated Copyright and Trademark Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which hampr may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
ATTN: Copyright and Trademark Agent
1325 Eraste Landry Drive
Lafayette, LA 70506
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to hampr’s designated Copyright and Trademark Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
16. Contact Information
If you have any questions, or comments about these Terms please contact hampr at:
1325 Eraste Landry Drive
Lafayette, LA 70506
For customer service inquiries, please review Your Account Settings.
17. Apple Minimum Terms– The additional Apple Minimum Terms below are incorporated into this agreement for all purposes.APPLE REQUIREMENTS–IF USER DOWNLOADED THE SERVICES FROM THE APPLE ITUNES APP STORE, THE FOLLOWING TERMS ALSO APPLY.
A. Acknowledgement– User acknowledges that this agreement is between User and hampr only, and not with Apple, and hampr, not Apple, is solely responsible for the Services and the content.
B. Scope of License– The license granted to User for the Services is a limited, non-transferable license to use the Services on an iOS device that User owns or controls and as permitted by the Usage Rules in the Apple iTunes App Store Terms of Service.
C. Maintenance and Support– hampr and not Apple are solely responsible for providing any maintenance and support services with respect to the Services. User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
D. Warranty –hampr is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Services to User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be hampr’s sole responsibility.
E. Product Claims– hampr, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Intellectual Property Rights– User acknowledges that, in the event of any third party claim that the Services or User’s possession and use of the Services infringes that third party’s intellectual property rights, hampr, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.G.Legal Compliance–User represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
H. Developer Contact Info– Direct any questions, complaints or claims to: hampr, Inc., 1325 Eraste Landry Rd, Lafayette, LA 70506.Email: [email protected]
I. Third Party Terms of Agreement–User must comply with any applicable third party terms of agreement when using the Services, e.g., if User is using a VoIP application, then User must not be in violation of its wireless data service agreement when using the Services.
J. Third Party Beneficiary– User acknowledges and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and that, upon User’s acceptance of the terms of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against User as a third party beneficiary thereof.