Terms of use

Impak.eco

Terms of use

These Terms of Use (the "Terms") set forth the terms by which we offer you access to and use of our sites, services, mobile applications and tools (collectively "Services"). By accessing or using impak.eco, id.impak.eco and other sites (the “Site”) that belong to IMPAK, you are agreeing to these Terms and concluding a legally binding contract with impak Finance inc. (“IMPAK”) a Canadian corporation headquartered in Montreal, Quebec . Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

These terms and the other policies posted on IMPAK Services constitute the entire agreement between us and you with regards to the use of the Site, superseding any prior agreements. This agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Quebec. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Your notices must be sent by email to: hello@impakfinance.com.

We will send notices to you via the email address you provide. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

1. Introduction

1. Definitions

"You" and "your" refer to you, as a user of the services. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site or our services, including but not limiting to the community of holders of impak Coin. "We", "us", and "our" refer to IMPAK.

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "impak Finance Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than impak Finance or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and IMPAK Content. The “Site” means impak.eco and other sides owned by IMPAK.

2. Changes to the Terms of Use

We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. 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 after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with impak Finance, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. Your Account

In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service. If you believe your Account may have been compromised or misused, contact us immediately.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else create or use an account for anyone other than yourself, provide an email address other than your own or your business’, or create multiple accounts.

2. Restrictions

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

5. You agree not to, and will not assist, encourage, or enable others to use the Site to:

6. Violate any third party’s rights by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;

7. Violate any third party's rights, 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;

8. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

9. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by IMPAK;

10. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;

11. Violate any applicable law.

12. You also agree not to, and will not assist, encourage, or enable others to:

13. Violate the Terms;

14. 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 IMPAK;

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

16. Reverse engineer any portion of the Site;

17. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

18. Record, process, or mine information about other users;

19. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;

20. Reformat or frame any portion of the Site;

21. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on IMPAK’s technology infrastructure or otherwise make excessive traffic demands of the Site;

22. 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;

23. 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");

24. 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;

25. 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; or

26. 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.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

3. Using the site

1. Eligibility

To access or use the Site, you must have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

2. Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

3. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

4. Communications from impak Finance and other Users

By creating an account, you agree to receive certain communications in connection with the Site. You will also receive our newsletter of which you can opt-out.

Please contact us to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off impak Finance Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off impak Finance Services or not, we do not accept any liability for monitoring impak Finance Services or for unauthorized or unlawful content on impak Finance Services or use of impak Finance Services by users.

5. Global Marketplace

Some of the Site features may display your content on other sites that are affiliated with IMPAK. By using IMPAK Services, you agree that your content can be displayed on these other sites. We may remove your content if we believe it causes problems or violates any law or policy.

6. Taxes

You agree to provide accurate information necessary for impak.eco to comply with its obligations under applicable law. You are solely responsible to comply with any applicable taxes resulting from your use of IMPAK Services.

4. Content

1. 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 quality, accuracy, or reliability, 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 IMPAK.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; 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 unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

2. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against IMPAK and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

By using IMPAK Services, you agree to the collection, transfer, storage and use of your personal information by IMPAK on servers located in Canada and possibly in the European Union.

3. Ownership

As between you and IMPAK, you own Your Content. We own the IMPAK Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the IMPAK 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 IMPAK 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 IMPAK Content are retained by us.

4. Advertising

IMPAK may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

5. Other - Content

User Content (including any that may have been created by users employed or contracted by IMPAK) does not necessarily reflect the opinion of IMPAK. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

6. 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 license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against IMPAK and its users any claims and assertions of any moral rights contained in such Feedback.

5. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF IMPAK TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT IMPAK MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. IMPAK MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, IMPAK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.

IMPAK MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, IMPAK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

IMPAK EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF IMPAK SHALL CREATE A REPRESENTATION OR WARRANTY.

IMPAK DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU .

DESPITE THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL COST INCURRED BY YOUR PARTICIPATION IN IMPAK.ECO IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CANADIAN DOLLARS.

7. Third Parties

The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

8. Indemnification

You agree to indemnify, defend, and hold IMPAK, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of IMPAK harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. IMPAK reserves 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 such matter without the prior written consent of impak Finance. IMPAK will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  

6. General Terms

1. 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.

2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

3. Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

4. The 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.

5. Any failure on IMPAK’s part to exercise or enforce any right or provision of the Terms does 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.

6. The Terms are not assignable, transferable or sublicensable by you except with IMPAK’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

7. Termination

You may terminate the Terms at any time by closing your account and discontinuing your use of IMPAK Services. We may close your account, suspend your ability to use certain portions of IMPAK Services, and/or ban you altogether from IMPAK Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. In the event of any termination, certain sections of these terms of use may still apply, including our right to use Your Content.

8. IMPAK Coin (MPK)

Impak Coin is governed by the appropriate Whitepapers and their Terms of Use (“MPK Terms”) that can be found on impakfinance.com. MPK Terms set forth the entire conditions regarding the purchase and sale of impak Coin and shall apply to all Users of impak Coin (“User of MPK”).

We strongly encourage you to consult the MPK Terms before buying MPK.

MPK received as rewards for, amongst other actions, declaring, referring, validating, flagging or reviewing, a business, organization or individual in the ecosystem, are non-tradable for fiat currencies. Notwithstanding, MPK received as rewards are redeemable and disposable in the impak.eco marketplace.  

No more than one quarter of a User of MPK’s purchased MPK may be tradable for Fiat currencies per financial quarter. This rate is subject to change without prior notice.

The independent Governance body of MPK may decide under any circumstances to stop, regulate or otherwise modify the sale and purchase of MPK.

Mobile Privacy and Legal Notice

This Mobile Privacy and Legal Notice summarizes your privacy rights regarding our collection, use, sharing, and protection of your personal information. It applies to any IMPAK Mobile Application Service (“Application”) where this Mobile Privacy and Legal Notice is referenced. BY INSTALLING AND USING OUR APPLICATIONS YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO OUR COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS SUMMARIZED BELOW AND AS FULLY DESCRIBED IN OUR USER PRIVACY POLICY, AND YOU AGREE TO BE BOUND BY OUR TERMS OF USE. WE RESERVE THE RIGHT TO UPDATE OUR USER PRIVACY POLICY AND TERMS OF USE FROM TIME TO TIME IN ACCORDANCE WITH THAT PRIVACY POLICY/TERMS OF USE.

In order to maximize the benefits of our Applications, please opt-in or modify the collection settings in your phone's privacy settings (where applicable). If you have a question or complaint about this Privacy Notice or our information handling practices, then please contact us at : hello@impakfinance.com

With your authorization, we may access precise location information from your mobile device to provide you a customized experience. We may use your information to serve you customized advertising while also promoting new businesses you may not be familiar with. You can opt-out of customized advertising by consulting our privacy policy. Only with your consent will we share your information with third-parties to use for their own marketing purposes. We may share your information when we believe it can help grow the impact economy. We may share your information with IMPAK subsidiaries to improve content and services and to enhance your experience. We may share your information with service providers under contract who help us operate our business and who process your information according to our instruction. We share your information with law enforcement or authorized third parties, to investigate criminal activity or violations of our terms of use. We protect your information using technical and administrative security measures designed to reduce the risks of loss or misuse.

1. Application Use

IMPAK grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application. The Application may not contain the same functionality available on IMPAK Services.  Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the IMPAK Mobile implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

2. Intellectual Property – Applications

IMPAK owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter IMPAK’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any impak Finance Application.

3. Additional Terms

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

1. These Terms of Use are an agreement between you and IMPAK, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. IMPAK grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Windows - Microsoft

1. These Terms of Use are an agreement between you and IMPAK, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.