CONSUMER REPORTS APPS END USER LICENSE AGREEMENT

Welcome! The following terms govern your use of the mobile software, services and applications (each, an “Application”) of Consumers Union of United States, Inc., doing business as Consumer Reports (“CR”) provided under this Consumer Reports Apps End User License Agreement. You may use any of the Applications only if you agree to these terms. BY DOWNLOADING, INSTALLING OR USING AN APPLICATION, YOU SIGNIFY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS WITH RESPECT TO THAT APPLICATION (THE "AGREEMENT" or “LICENSE”). This License has the same legal effect as an agreement in writing. If you do not agree to these terms with respect to an Application, do not install, copy or use that Application. The following terms apply to each Application you install or use:

1. APPLICATION

CR and its Affiliates (as defined in Section 16) and suppliers ("we" or "us") provide the Application to you under the terms of this Agreement. In this Agreement, we use the term “you” or “your” to mean you as an individual or such entity on whose behalf you act, if any.

2. TERMS

This Agreement plus (a) any supplemental terms posted below or (b) supplemental terms that accompany any specific feature, application or upgrade collectively govern your use of the Application. In Appendix 1, we post supplemental disclosures that may apply to your use of an Application on specific devices distributed by manufacturers or via a telecommunication service. Please review Appendix 1. In addition, you understand and agree that third party distributors who offer the Application on their devices or telecommunication services may impose their own terms and conditions if you acquire and use the Application from them through their application stores. We may modify this License if we offer and you accept the download of any new features or updates for the Application.

3. OWNERSHIP

This is a license of the Application, not a sale. The Application and any content and services provided via the Application are protected by copyright and other intellectual property laws and by international treaties. We, our licensors and suppliers own all rights in the Application. Your rights to use the Application are specified in this Agreement and we retain and reserve all rights not expressly granted to you.

4. RIGHT TO USE

We grant you a personal, non-exclusive, non-transferable, revocable, limited right to install and use the Application for personal purposes, provided that you comply fully with this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content accessed or downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device. You must be at least 18 years old to use the Application. You agree not to assign, transfer or sublicense your rights as a licensee of the Application. You agree to be financially responsible for all usage or activity on your Application account.

5. RESTRICTIONS

You may not: (i) make any copies of the Application other than the copy that you need to operate the Application on your devices, (ii) modify or create any derivative works of the Application; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Application, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (iv) attempt to gain unauthorized access to any of our or our suppliers', licensors’, and distributors' services, accounts, computer systems or networks associated with the Application; (v) resell, lease, sublicense or otherwise attempt to transfer rights to the Application; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Application; (vii) incorporate, integrate or otherwise include all or any portion of any of the Application (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with our services or that interconnects any of our services with any other instant messaging or other online service; (viii) use any of our services associated with the Application in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them; (ix) use the Application in any way that violates this Agreement or any law; (x) use the Application in any way that violates the rights of any third party; (xi) use the Application in any way to transmit, directly or indirectly, any unsolicited bulk communications (such e-mails, voice, photos, video, chat or SPIM instant messages); or (xii) assist any third party to do any of the things described in this paragraph. We may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses or other harmful code from entering, utilizing, or remaining within our computer or communications networks.

6. NO COMMERCIAL USE POLICY

You agree to use the Application, including all components thereof, only in a noncommercial manner and in compliance with CR's No-Commercial Use Policy. You specifically agree not to post, transmit, or otherwise distribute through the Application any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us: Write to Consumer Reports, Attn: External Relations, 101 Truman Ave., Yonkers, NY 10703-1057. CONSUMER REPORTS NO-COMMERCIAL USE POLICY: Published information from Consumer Reports, including our Ratings and Reports, is intended solely for the benefit of our subscribers and other consumers in order to help them make informed choices and decisions about consumer products, services, and other consumer matters. Such information may not be used by others in advertising or to promote a company's products or services. In addition, this policy precludes any commercial use of any of Consumer Reports’ published information in any form, or of the names of Consumers Union®, Consumer Reports®, or any other of Consumer Reports’ publications or services, without our express written permission.

7. ACCESS

You must provide at your own expense the equipment, Internet connections and wireless devices or wireless services to access and use the Application. We do not guarantee that the Application will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. When you use the Application, you may incur certain charges from your wireless carrier according to the terms of your carrier agreement, including without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATION THROUGH YOUR WIRELESS DEVICE. You acknowledge that the Application may provide features that enable postings to your Twitter and Facebook accounts which may include details about your location. If you consent to receive communications from us, then you authorize us to communicate with you regarding the Application using SMS, MMS, text message or other electronic means to your wireless device and/or by email or US mail. You acknowledge and agree that information about your usage of the Application may be communicated to us by third parties, including our analytics service providers. If you have consented to receive messages from us via the Application, we may use this information to notify you concerning the types of features and products from the Application that may be available to you on your device. Certain features of the Application may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, absent your consent, we will not use the number we collect for telemarketing.

8. BILLING; UNSUBSCRIBING

When you purchase and/or subscribe to an Application, the applicable fees (if any) for the Application will be billed through your account with the Application’s distributor (e.g., Apple’s iTunes) and be subject to that account’s terms and conditions regarding billing and cancellation.

9. LOCATION-BASED INFORMATION

Our Applications may contain services that require that we receive your geo-location in order to provide such services to you. By using such services of the Application, you authorize us to: (a) locate your hardware; and (b) record, compile and display your location. As part of the Application, we may also collect and store certain information about our users, such as users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you the services accessed through the Application.

10. YOUR RESPONSIBILITIES

You are responsible for: (a) All activities that occur as a result of the use of the Application through your User ID and devices; (b) Maintaining the confidentiality of any User ID, passwords or log-in credentials; (c) Taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and (d) complying with this Agreement and with any and all applicable laws. In addition, you are solely responsible for the Content that you upload, transfer, send, mail, forward, submit, share, post or otherwise provide to us (collectively referred to as “post”) using the Application (“Posted Content”) and for the consequences of posting Content where others and the general public may see the Content. This includes any personal information, such as your home address, the home address of others, or your current location in any location-based services of the Application. Once you have posted information about yourself, your family members, friends, or anyone else, such as the location where you or others live or work, it may be difficult or impossible to control the misuse of such information by others or remove the information from the Application or from the services of other entities if the Content is syndicated or cross-posted to other services. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RELEASE OF PRIVATE INFORMATION IN CONTENT YOU POST TO THE APPLICATION. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, OR ANY OTHER CONSEQUENCES THAT MAY OCCUR BETWEEN YOU AND ANY OTHER USER OF THE APPLICATION AND OUR SERVICES OR A MEMBER OF THE PUBLIC AND THAT THE ENTIRE RISK IS WITH YOU. We reserve the right to remove, at our sole discretion, any Posted Content posted by you through the Application or otherwise on any other of our services for any reason at any time. You must notify your wireless carrier immediately if your mobile phone is lost or stolen. We cannot be responsible for what happens if your account information (such as stored User IDs and passwords) becomes known to someone else.

11. CONTENT

You do not obtain any ownership rights in the Content (as defined in Section 16) that may be accessed through the Application. You grant us a perpetual, worldwide, non-exclusive license to use, distribute, reproduce, display, adapt, perform, store, translate, sublicense and promote all Posted Content (as defined in Section 10) that you post or submit via the Application, or any portion thereof, in any and all media, now known or hereafter devised, and/or on the Internet, regardless of transmission speed (dial-up, DSL, cable, wireless, etc.) or type of device (PC, PDA, mobile phone, etc.) as we may determine in our sole discretion. You may not use the Application to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

12. INFORMATION PROVIDED

We make no representations or warranties regarding the accuracy or reliability of the information included in the Content (as defined in Section 16). You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Application is at your sole risk. CR reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of Application. You acknowledge and agree that CR is not responsible for any materials posted by users of the Application. Prior to purchasing any third-party products or services described on the Application, you are advised to verify pricing and other information. Neither CR nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Application.

13. THIRD PARTY WEBSITES AND SERVICES

The Application may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by CU or its Affiliates of any third-party site or any materials contained therein. CU and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. Furthermore, use of any websites or services reached through the Application is subject to the terms of use presented on such website or service. You must abide by those terms if you use such services through the Application.

14. HEALTH CONTENT AND USAGE

The Application may contain educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. This information is intended for you to use in discussions with your physician or other qualified health care provider. CR encourages you to use the information contained in this section of our Application for discussion with your health care provider. Please note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice, diagnosis or treatment. Unfortunately, CR cannot help you with individual medical questions. Always seek the advice of your physician or qualified health provider with any questions you may have regarding a medical condition. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on our Application. CR follows a rigorous editorial process to ensure that health-related information available via our Application is accurate and describes generally accepted clinical practices. If CR finds, or is alerted to an error, we will correct it as quickly as possible. If you notice an error contained in any health-related content, please notify us by sending an e-mail to.

15. CONTENT ABOUT LAWS OR LEGAL/TAX ISSUES

Applications may include general information or materials about legal or tax issues or laws affecting consumers or users. Such information and materials are provided for informational purposes only and are not intended to serve as legal or tax advice. You should contact your attorney or accountant to obtain professional advice with respect to any particular issue or problem.

16. COPYRIGHT AND TRADEMARKS

All materials available on or through the Application, including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the "Content") are owned or controlled by CR or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Application and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Application, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users (if applicable), for any public and/or commercial use without the prior written permission of CR. You agree not to use any trademarks, service marks, names, logos, or other identifiers of CR or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of CR or the relevant Affiliate. In addition, you may not use our trademarks: (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of Consumer Reports; (c) in a manner likely to cause confusion; or (d) in a manner that implies that Consumer Reports sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. CONSUMERS UNION®, CONSUMER REPORTS®, and other related marks used in this Application are registered trademarks of Consumers Union of United States, Inc. in the United States and other countries.

17. NOTICE OF COPYRIGHT INFRINGEMENT

We intend that all content provided on our Application respect the copyright and other proprietary rights of third parties. When visitors post content on our Application, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Application infringes your copyrighted material, then you may request the content be removed from the Application in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below. You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to the agent we have designated with the Copyright Office: Ms. Wendy Wintman, Manager of Legal Services Telephone: (914) 378-2448 Email: . To comply with the Copyright Act, your Notice must be in writing and must include: (i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be 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; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) A statement that you have 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include: (i) A physical or electronic signature of the alleged infringer; (ii) Identification of the material 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; (iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error; (iv) The alleged infringer's name, address, and telephone number; and (v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent. Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Application. Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general inquiries and permission requests concerning the use of our content. If you wish to request permission to reproduce any of our content, please email Consumer Reports at legaldept@consumer.org. If you have general inquiries, please visit the Customer Service section of ConsumerReports.org.

18. SUGGESTIONS

You agree that we may, without limitation and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Application.

19. YOUR REPRESENTATIONS

You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Application only for lawful purposes, that you will not violate the rights of others or the terms of this Agreement. You represent and warrant to CU that you are an authorized user of the mobile devices providing access to the Application and that you are authorized to enter into this Agreement.

20. AUTOMATED UPDATES

We may, but we are under no obligation to, provide updates, patches and fixes (collectively, “Updates”). You may be given the opportunity to choose whether you want all Updates delivered automatically or if you would prefer to be notified when a new Update is ready to be installed, or when we make such Updates available for download. You authorize us to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Application. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation.

21. PERFORMANCE AND USAGE INFORMATION

(a) TECHNICAL INFORMATION. The Application may be configured to report back information automatically relating to computer errors arising in connection with use of the Application, without notice to you. Information on your Application’s configuration settings may be included. We use these data to diagnose and improve the Application. (b) FEATURE USAGE INFORMATION. The Application may also provide us with anonymous information about use of the Application’s features. We use this information in the aggregate to improve the Application and determine which Application features and buttons are most popular and useful to its users. (c) PERSONALIZATION. You may be asked to provide us with certain information so that we can personalize content presented to you through the Application.

22. PRIVACY POLICY

Please review our Privacy Policy located http://tandemhealth.org/privacy.html which is a part of this Agreement and describes how we treat your information.

23. TERMINATION

In addition to any other rights of the parties set forth herein, we may cancel or terminate this Agreement at any time. We also reserve the right to restrict, suspend or terminate your access to the Application in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If we terminate this Agreement (and therefore your access to the Application) based on a breach of any portion of this Agreement, we reserve the right to refuse to provide access to our other services to you in the future. All provisions of this Agreement, except for the license grant in Section 4 above, survive the termination of this Agreement.

24. INJUNCTIVE RELIEF

You agree that your breach or threatened breach of this Agreement will cause us irreparable injury for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under this Agreement in addition to any and all other remedies available to us at law or in equity.

25. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICATION (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, PRODUCTS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" WITH ALL FAULTS AND "AS AVAILABLE." WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE APPLICATION, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), NON-INTERFERENCE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATION. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATION FROM US OR OUR AUTHORIZED DISTRIBUTOR.

26. LIMITATION OF LIABILITY

USE OF THE APPLICATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CR OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SOFTWARE OR CONTENT FOR US OR OUR AFFILIATES (COLLECTIVELY, THE “CR PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT AND/OR YOUR USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE CR PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN ANY CASE, THE ENTIRE COLLECTIVE LIABILITY OF THE CR PARTIES UNDER THIS AGREEMENT SHALL NOT EXCEED THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY), NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. YOU HEREBY RELEASE THE CR PARTIES, AND EACH OF THEM, FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE CR PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATION AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

27. NO SUPPORT OR UPGRADE OBLIGATIONS

You agree that you are not entitled to any support, telephone assistance corrections, Updates, upgrades, bug fixes and/or enhancements of the Application from us or our distributors.

28. IMPORT/EXPORT CONTROL

The Application is subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Application. You may not directly or indirectly export, re-export, transfer, or release the Application, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.

29. U.S. GOVERNMENT END-USERS

If you are a government end user, then this provision applies to you. The Application is a "commercial item," as that term is defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. § 12.212, 48 C.F.R. § 227.7202 and 48 C.F.R. § 252.227-7014(a)(1). Consistent with 48 C.F.R. § 12.212, 48 C.F.R. § 27.405-3and 48 C.F.R. § 227.7202, and to the extent required under U.S. federal law and/or the minimum restricted rights as set forth in 48 C.F.R. § 52.227-19, any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.

30. ELECTRONIC NOTICES

YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATION (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Application. As long as you are able to access the Internet using the Application, you will be able to receive electronic notices from us.

31. INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless the CR Parties, and each of them, from and against any and all liability and costs incurred by any of the CR Parties in connection with any claim arising out of (a) any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement, and (b) your use or misuse of the Application. You shall cooperate as fully as reasonably required in the defense of any claim. CR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CR.

32. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the State of New York govern the interpretation and enforcement of this Agreement and any claim or dispute that you may have against any of the CR Parties, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the city, county and state of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

33. ENTIRE AGREEMENT

This Agreement and any supplemental terms constitute the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. This Agreement and any supplemental terms constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us, and supersedes all prior agreements between you and us. Failure by us to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

34. MODIFICATIONS

(a) To the Agreement. We have the right to modify this Agreement and any policies affecting the Application. Any modification is effective immediately upon notice in accordance with Section 30 or in another manner reasonably designed to apprise you of the modification. Your continued use of the Application following notice of any modification to this Agreement shall be conclusively deemed an acceptance by you of all such modification(s). (b) To the Application. We have the right to modify, suspend or discontinue the Application or any portion thereof at any time, including the availability of any area of the Application. CR may also impose limits on certain features and services or restrict your access to parts or all of the Application without notice or liability. Cancellation and Refund. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any of our policies or practices applicable to the Application, including without limitation: (i) any change in the Content, or (ii) any change in the amount or type of fees (if any) associated with the Application is to cancel your subscription. If you purchased the Application directly from CR, your right to a refund shall be in accordance with the CR refund policy. If you purchased the Application from a third party (e.g., apps store), your right to a refund shall be in accordance with such third party’s refund policy.

35. GENERAL TERMS

(a) In the event that any portion of this Agreement is held invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect, or we may at our option terminate this Agreement. (b) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (d) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you. (e) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (f) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. If you should have any questions, complaints or claims with respect to the Application, you may direct them to Customer Relations, Consumer Reports, 101 Truman Avenue, Yonkers, NY 10703, telephone number 1 (800) 333-0663.

36. USERS OUTSIDE THE U.S.

If you are using the Application outside the U.S., then the provisions of this Section shall apply: (i) The parties confirm that this Agreement and all related documentation is and will be in the English language; (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Application, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Application would prohibit the enforceability of this Agreement, or impose any additional burdens on the CR Parties, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Application and you agree to remove it from your computer. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions or comments regarding this License, you may submit them to legaldept@consumer.org.

Last Updated: July 25th, 2014