Runbook Terms of Service

Welcome to the Runbook web application (the "Site"), mobile application ("App"), and technology platform that enable Runbook to support logistics businesses and their vendor relationships (the Site, App, and technology platform collectively referred to as the “Platform”).

IF YOU ARE USING THE PLATFORM ON BEHALF OF AN ORGANIZATION (SUCH AS YOUR EMPLOYER) THAT HAS ENTERED INTO A FULLY-EXECUTED MASTER SERVICES AGREEMENT (OR SIMILAR TYPE OF AGREEMENT, DISTINCT FROM THE LIMITED USE TERMS BELOW) WITH RUNBOOK FOR ACCESS TO THE PLATFORM (A "SEPARATE AGREEMENT"), THEN YOU ARE REPRESENTING A RUNBOOK CUSTOMER, AND THE CUSTOMER TERMS OF SERVICE ("CUSTOMER TERMS") APPLY TO YOUR PLATFORM USE. BY ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE CUSTOMER TERMS.

If neither you nor your organization (if applicable) has a Separate Agreement with Runbook, the Customer Terms do not apply, and you are instead governed by the Limited Use Terms of Service below. Should any conflict arise between these Customer Terms and a Separate Agreement, the Separate Agreement shall prevail.

For clarity, “Runbook,” “we,” “us,” and “our” refer to Runbook Inc., while “you” refers to you and any organization you represent in using the Platform.

Customer Terms of Service

1. Agreement to Terms

Authorization. By accessing our Platform, you agree to these Customer Terms and represent that you (i) are acting for an organization with a duly-executed Separate Agreement with Runbook, and (ii) have authority from that organization to use the Platform on its behalf.

2. Modifications to Customer Terms or Platform

We may revise these Terms from time to time at our discretion. When we do, we'll notify you by posting the updated Terms on the Site, within the App, or through other communications. Continued use of the Platform after posting updated Terms constitutes acceptance of the changes. If you do not accept the changes, you must discontinue Platform use. We may also modify or discontinue all or part of the Platform at any time without notice, at our sole discretion, as the Platform continues to evolve.

3. Intellectual Property Ownership

Content made available through the Platform is subject to intellectual property rights. We retain all ownership rights, including all applicable intellectual property rights, to all such content.

4. App Rights and Terms

License Grant. Subject to compliance with these Customer Terms, Runbook grants you a limited, non-exclusive, non-transferable license (with no sublicensing rights) to download and install the App on your personal devices (including computers, mobile devices, tablets, and wearables) and run the App solely for your personal, non-commercial use. You may not: (i) copy, modify, or create derivative works from the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to third parties; (iii) reverse engineer, decompile, or disassemble the App (except where applicable law permits despite this restriction); or (iv) enable multiple users to access the App's functionality through any means.

Apple App Store Terms. This sub-section applies when you obtain the App from the Apple App Store or use it on iOS devices. Apple has no maintenance or support obligations for the App. If the App fails to meet any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and to the maximum extent allowed by law, Apple has no further warranty obligations for the App. Apple is not responsible for any claims relating to the App or your use thereof, including: (i) product liability claims; (ii) claims that the App fails to meet legal or regulatory requirements; and (iii) consumer protection or similar claims. Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property infringement claims related to your App use. Apple and its subsidiaries are third-party beneficiaries of these Customer Terms and, upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that (i) you are not in a country subject to U.S. Government embargo or designated as terrorist-supporting; and (ii) you are not on any U.S. Government prohibited or restricted parties list. You must comply with applicable third-party terms of service when using the App.

5. Prohibited Conduct and Enforcement

You agree not to:

• use, display, mirror, or frame the Platform (or any element thereof), Runbook's name, trademarks, logos, or proprietary information, or any page layout or design without Runbook's express written consent;
• access, tamper with, or use non-public areas of the Platform or Runbook's systems;
• probe, scan, or test vulnerabilities of any Runbook system or network, or breach security or authentication measures;
• access or search the Platform, or download Platform content, using any engine, software, tool, agent, device, or mechanism other than Runbook-provided software or generally available web browsers;
• send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or other solicitations;
• use the Platform (or any portion) for commercial purposes, third-party benefit, or in any manner not permitted by these Customer Terms;
• decipher, decompile, disassemble, or reverse engineer any Platform software;
• collect or store personally identifiable information from other Platform users without their express permission;
• misrepresent your identity or affiliation with any person or entity;
• violate any applicable law or regulation; or
• encourage or enable others to do any of the above.

Runbook is not obligated to monitor Platform access or use, or to review or edit content. However, we have the right to do so to operate the Platform, ensure compliance with these Customer Terms, and comply with applicable law or legal requirements. We reserve the right (but are not obligated) to remove or disable access to any content at any time without notice. We may investigate violations of these Customer Terms or conduct affecting the Platform, and may consult and cooperate with law enforcement to prosecute users who violate the law.

6. Third-Party Websites and Resources

The Platform (including the App) may allow access to third-party websites or resources. We provide this access as a convenience only and are not responsible for the content, products, or services available from those resources or links on such websites. You acknowledge sole responsibility for, and assume all risk from, your use of any third-party resources.

7. Termination

We may suspend or terminate your Platform access and use, including account suspension or termination, at our sole discretion, at any time, without notice. Upon any termination, discontinuation, or cancellation of the Platform or your account, the following Sections survive: 3, 5, 7, 8, 9, 10, and 11.

8. Warranty Disclaimers

THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM WILL SATISFY YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY PLATFORM INFORMATION OR CONTENT.

9. Liability Limitations

RUNBOOK SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING FROM OR RELATING TO THESE CUSTOMER TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUNBOOK'S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE CUSTOMER TERMS SHALL NOT EXCEED THE LIABILITY LIMITS SET FORTH IN THE APPLICABLE SEPARATE AGREEMENT, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH LIMITS EXIST IN THE SEPARATE AGREEMENT.

10. Governing Law and Venue

These Customer Terms and any related action shall be governed by California law, without regard to conflict of laws principles. The parties expressly consent to exclusive personal jurisdiction in the state and federal courts located in San Francisco County, California, and you and Runbook each waive any objection to jurisdiction and venue in such courts.

11. General Provisions

Entire Agreement. These Customer Terms constitute the complete and exclusive understanding between Runbook and you regarding the Platform, superseding all prior oral or written understandings or agreements between Runbook and you about the Platform. If any provision of these Customer Terms is held invalid or unenforceable by an arbitrator or competent court, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force. You may not assign or transfer these Customer Terms, by operation of law or otherwise, without Runbook's prior written consent. Any attempted assignment or transfer without such consent is void. Runbook may freely assign or transfer these Customer Terms without restriction. Subject to the foregoing, these Customer Terms bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices. Runbook may provide notices under these Customer Terms: (i) via email; or (ii) by posting to the Platform. For email notices, the receipt date is deemed the transmission date.

Waiver. Runbook's failure to enforce any right or provision of these Customer Terms shall not constitute a waiver of that right or provision. Any waiver of such right or provision is effective only if in writing and signed by a duly authorized Runbook representative. Except as expressly stated in these Customer Terms, either party's exercise of any remedy under these Customer Terms is without prejudice to its other remedies under these Customer Terms or otherwise.

12. Contact Information

For questions about these Customer Terms or the Platform, please contact Runbook at:

Runbook Limited Use Terms of Service

Welcome to the Runbook web application (the "Site"), mobile application ("App"), and technology platform that enables certain Runbook customers who have executed a separate Master Services Agreement or similar license agreement for full platform functionality (such customer, a "Full-Use Customer", and such agreement, a "Separate Agreement"). The Site, App, and platform are collectively referred to as the "Platform"

IF YOU DO NOT HAVE A DULY-EXECUTED SEPARATE AGREEMENT WITH RUNBOOK TO PURCHASE A SUBSCRIPTION OR LICENSE FOR PLATFORM USE, THEN YOU ARE NOT A FULL-USE CUSTOMER, THESE LIMITED USE TERMS OF SERVICE ("LIMITED USE TERMS") GOVERN YOUR PLATFORM USE, AND BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE LIMITED USE TERMS.

If you (or an organization you represent) have a duly-executed Separate Agreement with Runbook, you are a Full-Use Customer, these Limited Use Terms do not apply, and you are instead subject to the Customer Terms of Service above.

For clarity, "Runbook," "we," "us," and "our" refer to Runbook Inc., while "you" refers to you and any organization you represent in using the Platform.

1. Definitions

• "Aggregate Data" means data derived or aggregated in deidentified form from (i) Your Data; or (ii) your and your Authorized Users' Platform use, including usage data or trends regarding the Platform and its features and functionalities, in anonymized form.
• "Authorized User" means any employee or contractor you authorize to use the Platform under these Limited Use Terms.
• "Your Data" means all information, data, and content, in any form or medium, submitted, posted, collected, transmitted, or otherwise provided by or on behalf of you or any Authorized User to Runbook in connection with Platform use.

2. Platform Access and Use

Access Provision. Subject to these Limited Use Terms, Runbook grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Platform solely to add, update, and correct information about your business within the Platform on behalf of a Full-Use Customer (the "Purpose") during the Term; provided that you (i) receive an account through Runbook's then-current registration procedures; (ii) ensure Your Data (including added, updated, or corrected information) is and remains true, accurate, and complete; and (iii) strictly comply with the restrictions set out below. You may permit Authorized Users to use the Platform on your behalf for the Purpose under these Limited Use Terms; however, you remain fully and directly liable to Runbook for all Authorized User Platform use as if such use were your own under these Limited Use Terms.

Use Restrictions. You shall not use the Platform beyond the scope of rights granted in these Limited Use Terms. You shall not (and shall not attempt to) at any time, directly or indirectly, and shall not permit any person or entity (including Authorized Users) to:

• modify or create derivative works of the Platform, in whole or in part;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain improper access to any Platform software component, in whole or in part;
• sell, resell, rent, or lease Platform use to any other person or entity, or otherwise allow any person or entity to use the Platform for any purpose other than your benefit for the Purpose under these Limited Use Terms;
• use the Platform to store, transmit, or post any infringing, libelous, or otherwise unlawful or tortious material, or any data (including Your Data) for which you lack necessary consents or rights to provide via the Platform;
• interfere with or disrupt the integrity or performance of the Platform, or any data or content contained therein or transmitted thereby;
• access or search the Platform (or download any data or content contained therein or transmitted thereby) using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, or similar data mining tools) other than software or Platform features provided by Runbook expressly for such purposes; or
• use the Platform or Runbook Confidential Information for benchmarking or competitive analysis regarding competitive or related products/services, or to develop, commercialize, license, or sell any product/service or technology that could, directly or indirectly, compete with the Platform.

Rights Reservation. Nothing in these Limited Use Terms or their performance operates to grant you any right, title, or interest, whether by implication, estoppel, or otherwise, in or to the Platform (or any intellectual property rights therein), other than as expressly stated in these Limited Use Terms. As between the Parties, Runbook exclusively owns all right, title, and interest in and to the Platform and all improvements, modifications, or derivative works thereof (and all intellectual property rights in any of the foregoing). All intellectual property rights created in such improvements, modifications, and derivative works of the Platform vest solely in Runbook upon creation. Each party expressly reserves all intellectual property rights not expressly granted hereunder.

3. Confidential Information

From time to time under these Limited Use Terms, we may disclose or make available to you or your Authorized Users information about our business affairs, products, customers, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or identified as "confidential" (collectively, "Confidential Information"). Confidential Information excludes information that, at disclosure time: (a) is in the public domain; (b) is known to you at disclosure; (c) is rightfully obtained by you on a non-confidential basis from a third party; or (d) is independently developed by you.

You shall not use, transfer, or disclose our Confidential Information to any person or entity, except to your employees, directors, officers, members, consultants, contractors, attorneys, advisors, and agents who have a need to know the Confidential Information for you to exercise your rights or perform your obligations hereunder, and who are bound by confidentiality obligations to you at least as protective as those in these Limited Use Terms. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required to comply with a court or other governmental body order, or as otherwise necessary to comply with applicable law, provided that you first give Runbook written notice and make a reasonable effort to obtain a protective order.

Upon expiration or termination of these Limited Use Terms, you shall, at Runbook's option, either (A) promptly return to us all copies of our Confidential Information, whether in written, electronic, or other form or media, or (B) destroy all such copies and certify in writing to Runbook that such Confidential Information has been destroyed.

4. Policies

You acknowledge that you have reviewed and agreed to the Runbook Privacy Policy at /privacy, which is incorporated into and deemed part of these Limited Use Terms, binding upon you and your Authorized Users regarding Platform use under these Limited Use Terms.

5. Feedback

You or your Authorized Users may from time to time provide Runbook with suggestions, comments, and feedback regarding the Platform (collectively, "Feedback"). You, on behalf of yourself and your Authorized Users, grant Runbook a perpetual, irrevocable, royalty-free, fully-paid license to use and exploit all Feedback for Runbook's business purposes, including, without limitation, the testing, development, maintenance, and improvement of the Platform.

6. Data

As between you and Runbook, and except as stated in Section below, you own and retain all right, title, and interest in and to all Your Data.

You grant Runbook (i) a non-exclusive, worldwide, royalty-free right and license to use, host, reproduce, display, perform, modify, and make derivative works of Your Data in connection with hosting, operating, improving, and providing the Platform (or any similar platform or software owned by Runbook) or any other business purpose during the Term; and (ii) a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, display, perform, modify, make derivative works of, and otherwise exploit all Aggregate Data in connection with hosting, operating, improving, and providing the Platform (or any similar platform or software owned by Runbook) or any other business purpose.

You represent, warrant, and covenant to Runbook that you have obtained and will obtain all necessary consents regarding all Your Data hosted, collected, stored, or transmitted through the Platform to the extent necessary (i) for you and Runbook to comply with all applicable laws, rules, and regulations, including all applicable data protection and privacy laws; and (ii) for you to grant the licenses described above.

7. App Rights and Terms

App License. If you comply with these Limited Use Terms, Runbook grants you a limited, non-exclusive, non-transferable license (with no sublicensing right) to download and install the App on your personal devices (including computers, mobile devices, tablets, and wearables) and run the App solely for your personal, non-commercial use. Except as expressly permitted in these Limited Use Terms, you may not: (i) copy, modify, or create derivative works from the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to third parties; (iii) reverse engineer, decompile, or disassemble the App (unless applicable law permits despite this limitation); or (iv) make the App's functionality available to multiple users through any means.

Apple App Store Terms. This sub-section applies when you obtain the App from the Apple App Store or use it on iOS devices. Apple has no maintenance or support obligations for the App. If the App fails to meet any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and to the maximum extent allowed by law, Apple has no further warranty obligations for the App. Apple is not responsible for any claims relating to the App or your use thereof, including: (i) product liability claims; (ii) claims that the App fails to meet legal or regulatory requirements; and (iii) consumer protection or similar claims. Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property infringement claims related to your App use. Apple and its subsidiaries are third-party beneficiaries of these Limited Use Terms and, upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that (i) you are not in a country subject to U.S. Government embargo or designated as terrorist-supporting; and (ii) you are not on any U.S. Government prohibited or restricted parties list. You must comply with applicable third-party terms of service when using the App.

8. Representations and Warranties

Each party represents and warrants to the other that: (a) it is duly organized, validly existing, and in good standing under its jurisdiction of organization and has the right to enter into these Limited Use Terms; and (b) the execution, delivery, and performance of these Limited Use Terms and the consummation of the transactions contemplated hereby are within the corporate powers of such party, have been duly authorized by all necessary corporate action, and constitute a valid and binding agreement of such party.

9. Indemnification

You will defend and pay all damages and costs (including attorney and expert witness related fees) against Runbook pursuant to a final, valid, binding judgment or order, or a final settlement agreement, regarding any third-party claim, suit, or proceeding brought against Runbook arising from: (i) Your Data, including allegations that Your Data was stored, collected, hosted, or transmitted in violation of applicable laws, rules, regulations, or these Limited Use Terms, or that Your Data infringes third-party intellectual property rights; (ii) any breach of the representations or warranties hereunder or the restrictions in Section 2; or (iii) your negligence, willful misconduct, or law violation.

Runbook will promptly notify you of any such claims and reasonably cooperate with you in the defense or settlement thereof. You have the sole right to conduct the defense of any claim for which you are responsible hereunder (provided that you may not settle any claim without Runbook's prior written approval unless the settlement unconditionally releases Runbook from all liability, requires no admission by Runbook, and places no restrictions upon Runbook's business, products, or services). Runbook may participate in the defense or settlement of any such claim at its own expense with its own counsel, or, if you refuse to fulfill your defense obligation, Runbook may defend itself and seek reimbursement from you.

10. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS, AND RUNBOOK MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU, YOUR AUTHORIZED USERS, OR ANY OTHER PERSON OR ENTITY REGARDING THE PLATFORM OR ANY OTHER SERVICES PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNBOOK DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, RUNBOOK DISCLAIMS ANY WARRANTY THAT PLATFORM USE WILL BE ERROR-FREE, BUG-FREE, OR UNINTERRUPTED.

11. Liability

Damages Exclusion. IN NO EVENT SHALL RUNBOOK BE LIABLE TO YOU, YOUR AUTHORIZED USERS, OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES OR OTHER ECONOMIC LOSS, ARISING FROM OR RELATING TO THESE LIMITED USE TERMS OR THE PLATFORM PROVISION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Total Liability. IN NO EVENT SHALL RUNBOOK'S TOTAL LIABILITY TO YOU, YOUR AUTHORIZED USERS, OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THESE LIMITED USE TERMS OR THE PLATFORM PROVISION EXCEED ONE HUNDRED DOLLARS ($100).

12. Term and Termination

Term. The term of these Limited Use Terms begins on the Effective Date and continues until these Limited Use Terms are terminated or you cancel your account pursuant to the terms herein.

Termination. Runbook may terminate these Limited Use Terms at any time with notice to you. You may cancel your account at any time by sending us an email at support@myrunbook.com.

Survival. The following Sections survive termination or expiration of these Limited Use Terms: Sections 2(c), 3, 4, 5, 9, 10, 11, 12(c), and 13.

13. Miscellaneous

Entire Agreement. These Limited Use Terms, together with any order forms or other incorporated documents, constitute the complete and exclusive agreement between the parties regarding its subject matter and supersede all prior or contemporaneous agreements, communications, and understandings, both written and oral. This Agreement may be amended or modified only by a written document executed by duly authorized representatives of the parties.

Notices. We may provide notices by posting them on the Site, providing electronic notification via the Platform, or by email to the address associated with your account. You may provide notices to us via email at legal@myrunbook.com. All notices are effective upon posting or delivery.

Waiver. Except as otherwise stated in these Limited Use Terms, either party's failure to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision is effective unless in writing and signed by the party granting the waiver.

Severability. If any provision of these Limited Use Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. These Limited Use Terms shall be governed by and construed under California law without giving effect to any conflict of laws principles that would lead to application of another jurisdiction's laws. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in San Francisco County, California, and the parties irrevocably consent to the personal jurisdiction and venue therein.

Assignment. Runbook may freely assign its rights and obligations under these Limited Use Terms. You may not assign or transfer this Agreement, by operation of law or otherwise, without Runbook's prior written consent. Any attempted assignment or transfer without such consent is void. Subject to the foregoing, this Agreement binds and inures to the benefit of each party and their respective successors and permitted assigns.

Equitable Relief. Each party agrees that any breach of these Limited Use Terms may cause such other party to incur irreparable harm and significant injury that would be difficult to ascertain and would not be compensable by damages alone. Accordingly, each party agrees that, in addition to any other rights and remedies available at law or otherwise regarding such breach, the non-breaching party has the right to seek specific performance, injunction, or other appropriate equitable relief.

No Third-Party Beneficiaries. Unless otherwise expressly provided, no provisions of these Limited Use Terms are intended or shall be construed to confer upon or give to any person or entity, other than the parties, any rights, remedies, or other benefits under or by reason of this Agreement.