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Bill of Rights Institute Mobile App End User License and Terms of Use Agreement

<p>Effective Date: July 1 2023</p>

<p>The Bill of Rights Institute (“<strong>we</strong>”, “<strong>us</strong>” or “<strong>our</strong>”) provides educational content to teachers and students (the “<strong>Services</strong>”). This End User License and Terms of Use Agreement (“<strong>Agreement</strong>”) governs your (“<strong>you</strong>”, “<strong>your</strong>” or “<strong>User</strong>”) use of the Bill of Rights mobile app software (“<strong>Software</strong>”) designed to operate on your smartphone, tablet or other mobile computing device (“<strong>Mobile Device</strong>”) and Services we provide through the Software. This Agreement includes and incorporates by reference our privacy policy available <a href="https://billofrightsinstitute.org/privacy-policy">here</a> as updated from time to time and effective upon posting, (“<strong>Privacy Policy</strong>”).</p>

<p>BY CLICKING THE “I AGREE”, OR DOWNLOADING AND INSTALLING OR USING THE SOFTWARE, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT (A) IF YOU ARE OVER THE AGE OF EIGHTEEN, YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, OR (B) IF YOU ARE UNDER THE AGE OF EIGHTEEN, YOUR PARENT OR GUARDIAN HAS REVIEWED CONSENTED TO THIS AGREEMENT AND YOUR USE OF THE SOFTWARE AND OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, OR, YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.</p>

<p>IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE.&nbsp;<strong>IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION WAIVER.&nbsp;</strong>&nbsp;Please carefully review Sections 25 and 26 of this Agreement for more information.</p>

<p>Acknowledgement. We and you, the end-user of the Software, acknowledge that the Agreement is entered into by and between us and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. We are solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at <a href="http://www.apple.com/legal/itunes/us/terms.html#APPS">http://www.apple.com/legal/itunes/us/terms.html#APPS</a>). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.</p>

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