The terms and conditions below (the “Terms”) govern your access to and use of the Neer websites, mobile applications, products, and services (collectively, the “Site”), excluding any services provided to you by us under a separate written agreement. The Site is offered and provided by Qualcomm Services Labs, Inc. (“we”, “us”, “our”). In some instances, using our Site requires that you install our software on your computer or device (the “Software”). By accessing our Site and in order to install or use Software, you must agree to these Terms without modification by you. You may terminate these Terms at any time by uninstalling the Software (if any), cancelling your account with us, and no longer accessing our Site. Some provisions will continue to be effective after termination of these Terms. These Terms constitute a legal agreement between you and us. You agree to these Terms by accessing or using the Site or our Software. Do not access or use the Site or our Software if you are unwilling or unable to be bound by these Terms.

1. Definitions.

a. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site.

b. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as location information and any message you may post on or through the Site or information that you display as part of your account profile. “User Content” means Content that users submit or transmit to or through the Site including Your Content. “Neer Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than us or our users, such as data providers who license data to us for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Neer Content.

2. Eligibility.

The Site and the Software are intended for people at least 13 years of age. We do not intentionally or knowingly provide the Site or Software to children under the age of 13 and if you are under the age of 13 you may not use the Site and you are prohibited from installing the Software. Further, you represent and warrant that you (a) have not previously been suspended by us or removed from the Site; (b) are not a direct competitor of us or our products and/or services; (c) do not have more than one account for the Site at any given time; and (d) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

3. Privacy.

We encourage you to review our privacy policy which can be found at www.neerlife.com/privacy (“Privacy Policy”). By agreeing to these Terms you are also agreeing to our Privacy Policy. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by us on servers in the United States and potentially other countries. By installing the Software or using the Site you consent to any such transfer of your information outside your country and/or outside the country where you access or use the Site or have installed the Software.

4. Changes to the Terms.

We may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site or Software after any posted modification to the Terms indicates your acceptance of the modification.

5. User Accounts.

You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. You will use your account for your personal, non-commercial use only. In creating an Account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

6. Use of the Site.

We grant you permission to use the Site subject to the restrictions in these Terms. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We do not endorse or condone such Content. You therefore access and use the Site at your own risk.

7. Restrictions on Use.

You agree that you will not, and will not assist or enable others to:

a. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;

b. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

c. use the Site for promotional or commercial purposes, except as expressly allowed in writing by us;

d. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

e. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

f. use the Site to promote bigotry or discrimination against protected classes;

g. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

h. use the Site to submit or transmit pornography or illegal content;

i. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age);

j. use the Site in violation of these Terms or any applicable law;

k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by us;

l. reverse engineer any portion of the Site;

m. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site

n. record, process, or mine information about other users;

o. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;

p. access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;

q. reformat or frame any portion of the Site;

r. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;

s. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

8. Permission to Use Your Content.

We will display Your Content on the Site in order to provide our service and we may use Your Content to promote our Site, Software, and our services and other business uses. As such, you hereby grant us permission to use Your Content for our business purposes. You also grant the Site’s users the right to access Your Content in connection with their use of the Site. Notwithstanding the foregoing, you may remove Your Content from the Site by accessing the My Profile area of the Site and deleting Your Content. Please note, we reserve certain rights to preserve Your Content in our off-line servers as explained in our Privacy Policy. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

9. Responsibility for Your Content.

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by us.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

10. Use of Content.

We may remove or reinstate User Content from time to time at our sole discretion. We have no obligation to retain Your Content, nor do we guarantee any confidentiality with respect to Your Content.

11. Software License and Restrictions.

When you create an account to use the Site, we grant you a personal, limited, non-transferable, non-sublicenseable, non-exclusive copyright license, solely for your own personal, non-commercial purposes, to install the Software on one computer or device and use the Software as it is delivered to you for the sole purpose of using the Site. These are your only rights with regard to the Software. You may not decode, reverse-translate, modify, reverse-engineer, decompile, disassemble, or otherwise reduce the Software into source code form. All communications between us and the Software and the content stored on our computer servers and in the Software includes our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Software in the ordinary course of operation. You do not have the right to create derivative works of the Software. Nothing in these Terms shall be deemed to grant any right or license to You (expressly or by implication, estoppel, or otherwise), and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law, under any patents. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these Terms.

12. Patent Policy Statement.

We may own patent rights for the inventions embodied in the Software or Site. We will respect applicable conditions of the open source licenses for software included in our products regarding such patent rights. By using the Site or Software, or agreeing to these Terms, we are not granting you any right, title, interest, or license in or to any of our patents or patents of our affiliates including but not limited to those related to (a) system on chip devices or chipsets, including without limitation virtual models thereof, or (b) any proprietary software that may be used or distributed by us or our affiliates or their respective customers, on system on chip devices.

13. Third Party Software included with this Software.

Included with the aggregation of software provided to you, that is, the Software, there may be software that is licensed and available to you which is subject to third party license agreements. To the extent that these Terms may conflict with licenses or agreements governing your rights to that software, the agreement or license applicable to such third party software is covered by the terms of its applicable license or agreement. You will find these agreements and licenses in a folder called “about_files” in the Software you have received. Also, each bundle contains a top level about.html file with information and links to these licenses as appropriate.

14. Additional Terms for Forums, Blogs, & Other Interactive Media Features.

Our Site may provide one or more forums, blogs, or other interactive or social media features (“Forums”) for users of our Site to exchange information with each other and with us about the Site (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:

a. Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.

b. Postings Not Necessarily the Opinion of Us. Some of the individuals posting to Forums work for us; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of Qualcomm Services Labs, Inc.

c. Postings. Although we may attempt to keep objectionable messages off the Site and Service, it is impossible for us to review all messages. All messages express the views of the author, and we will not be held responsible for any message or associated content.

d. Your Responsibilities. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. In addition, if you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Terms or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.

e. Be Forewarned. When using the Forums and viewing Postings, you need to be aware of the following issues:

i. The Forums may include contributions from various sources over which We have no control (including any content submitted by third party users).
ii. We do not pre-screen or exercise editorial control over Postings, and take no responsibility for such Postings.
iii. We reserve the right to edit or remove Postings at any time and in our sole discretion, including those that are in breach of these Terms or in breach of any obligation of confidentiality You owe us, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and we will not be liable in relation to the removal of, or failure to remove, any Postings.

f. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.

g. License. By adding a Posting to the Forum, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without us owing any monies to you whatsoever.

h. Our Employees. If you are a Qualcomm Services Labs, Inc. employee, you must also follow the the Social Media Policy in your Postings.
i. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.

15. Notices of Copyright Infringement.

Notifications of claimed copyright infringement should be sent to Qualcomm Services Labs, Inc.’s Designated Agent in writing at the following address:

Qualcomm Services Labs, Inc.
Attn. Legal Department, Copyright Agent
5775 Morehouse Drive
San Diego, CA 92121-1714

Telephone Number of Designated Agent: (858) 845-1054
Facsimile Number of Designated Agent: (858) 651-3248
Email Address of Designated Agent: copyrightagent@qualcomm.com

To be effective, the Notification must include the following:

a. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;

b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site;

d. Information reasonably sufficient to permit us to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;

e. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

f. A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in a through f above we will remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the allegedly infringing material.

16. Counter Notification:

To be effective, a Counter Notification must be a written communication provided to our Designated Agent at the above provided address that includes substantially the following:

a. A physical or electronic signature of the alleged infringer;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

c. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

d. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, we will provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that we will replace the removed material or cease disabling access to it within ten (10) business days. If our designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, we will restore the allegedly infringing material.

17. Site Availability.

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

18. Unauthorized Access.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

19. Links to Third Parties.

The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the Site are provided in connection with third parties and subject to additional terms posted here, which terms are incorporated herein by reference.

20. Export Compliance.

By downloading the Software, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations (“EAR”), and sanctions programs, including those administered by the United States Treasury Department’s Office of Foreign Assets Controls (“OFAC”), and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Software, you represent, warrant and certify that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.

21. Suggestions and Improvements.

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback.

22. Termination.

a. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

b. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Site and if have installed our Software, by uninstalling it. If you close your account, we may continue to display Your Content where it implicates other users.

c. In the event of any termination, whether by you or us, Sections 1, 8, 9, 21 – 29 of these Terms will continue in full force and effect.

23. Ownership.

We own the Neer Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, the Software and other software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Neer Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Neer Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Neer Content are retained by us.

24. Warranties, Disclaimers, and Limitations of Liability.

a. THE SOFTWARE, SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE OR SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SOFTWARE OR SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SOFTWARE, SITE OR SITE CONTENT. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. WE DISCLAIM ALL LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, OR (3) LOSS OF INFORMATION OR DATA.

c. WE FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SOFTWARE, SITE AND SITE CONTENT. YOUR USE OF THE SOFTWARE, SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SOFTWARE OR SITE.

d. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SOFTWARE, SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SOFTWARE AND SITE.

e. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE EXCEED THE LESSER OF (I) $100 OR, (II) THE REVENUE ACTUALLY RECEIVED BY US DIRECTLY ATTRIBUTABLE TO YOUR USE OF THE SITE OR SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

25. Indemnity.

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of these Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

26. Disputes and Mandatory Arbitration Clause.

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.

You may opt out of Mandatory Arbitration within the first sixty (60) days of creating an account with us. Please contact us if you would like to opt out of Mandatory Arbitration. If you do not opt out within sixty (60) days of creating your account, you accept Mandatory Arbitration. If you opt out, you will not be required to arbitrate any claims. There is no penalty or other negative consequence if you do opt out.

a. The Federal Arbitration Act applies to these Terms. Any dispute, controversy or claim between us, regardless of whether the legal theory is based on these Terms, another common law theory, a statute or another ground, will be settled by neutral arbitrators before the American Arbitration Association (“AAA”). You can also bring any issues you may have to the attention of federal, state, or local government agencies and they can, if the law allows, seek relief against us on your behalf. This arbitration provision is not mandatory in the event of claims below the applicable small claims limit in your jurisdiction. You or we may bring any such small claims matters outside of the arbitration setting, provided they are not brought in a court of general jurisdiction.

b. Forum Selection and Applicable Procedure. Unless you and us agree otherwise, the arbitration will take place in the county of your billing address. For claims over $10,000 the AAA’s Wireless Industry Arbitration (“WIA”) rules will apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and a party may have the award reviewed by a panel of three new arbitrators. For claims of $10,000 or less, the complaining party can choose either the AAA’s Supplementary Procedures for Consumer-Related Disputes or individual action in small claims court. You can obtain procedures, rules and fee information from the AAA (www.ADR.org) or from us. Each of us may be required to exchange relevant evidence in advance. For claims of $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephonic hearing, or by an in-person hearing. To initiate arbitration under these Terms, contact the AAA, which will provide the necessary forms for you to submit. In the case of a conflict between any arbitration rules and these Terms, these Terms govern.

c. NO CLASS ARBITRATION. THESE TERMS DO NOT PERMIT CLASS ARBITRATIONS EVEN IF AAA OR WIA PROCEDURES OR RULES WOULD. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. IF THIS PROHIBITION ON CLASS ARBITRATIONS IS DEEMED UNENFORCEABLE UNDER APPLICABLE STATE LAW, THEN THE ENTIRE ARBITRATION CLAUSE SHALL BE DEEMED UNENFORCEABLE AND ANY CLASS CLAIMS SHALL BE BROUGHT AND ADJUDICATED IN A COURT OF COMPETENT JURISDICTION. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.

d. Claim Notices. If you or we have a claim that arises from or relates to the Site, the services, your account, any prior account you had with us, your application, or the enforceability of these Terms, before initiating, joining, or participating in any lawsuit, arbitration, or other legal proceeding, the complaining party shall give the other party: (1) a written notice of the claim (referred to below as a “Claim Notice”), at least 30 days before initiating any such proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a lawsuit, arbitration, or other legal proceeding. Any Claim Notice directed to us shall be sent to Qualcomm Services Labs, Inc., Attn: Legal Department, 5775 Morehouse Drive, San Diego, California 92121. Any Claim Notice directed to you shall be sent to your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney’s office.

e. Use of Arbitration Award or Judgments in Subsequent Cases. An arbitration award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.

f. Applicable Law. Except to the extent we’ve agreed otherwise in the provisions on arbitration, or as required by Federal law, these Terms and all disputes between us (whether or not based on these Terms) are governed by the laws of the state of your residence, without regard to that state’s conflict of laws principles.

27. Miscellaneous.

a. U.S. Government Restricted Rights. The Software and Site are provided with Restricted Rights. Federal, state and local governments agree to the terms and conditions of this commercial license.

b. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

c. We may provide you with notices, including those regarding changes to these Terms by email, regular mail or postings on the Site.

d. These Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

e. Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

f. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

g. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

h. The section titles in these Terms are for convenience only and have no legal or contractual effect.

28. Trademarks

Neer and the Neer logo are trademarks of Qualcomm Services Labs, Inc. All other marks are owned by their respective owners.

29. Contact and Violations.

Please contact us with any questions regarding these Terms. Please report any violations of these Terms to us using the Feedback form within the Website or write to us at:

Qualcomm Services Labs, Inc.
5775 Morehouse Drive
Attn: Legal Department
San Diego, California
92121

Effective: February 03, 2011