Your access to and use of this application HomeSource USA is conditioned upon your acceptance of and compliance with this End User License Agreement (“EULA”). By accessing or using the Application you agree to be bound by this EULA and all terms of use provided herein, the Privacy Statement, the terms and conditions of third parties who may be listed elsewhere in this EULA or the HomeSource USA, applicable agreements between you and your wireless data service provider, and all applicable laws. You acknowledge and agree that this EULA is between you and Licensor only (and not with any other third party), and that it is your responsibility to inform yourself of all terms and conditions of such third parties, as well as all laws that apply to your use of the HomeSource USA. Unless otherwise indicated, the content of the HomeSource USA, including its text and images and the way they are arranged, are the property of Licensor or its affiliates and only Licensor is responsible for the HomeSource USA and the content thereof. All trademarks used or referred to in the HomeSource USA are the property of their respective owners.

If you are accessing HomeSource USA : “through the Roofer/Public Adjuster app or portal” or “in your capacity as a Roofer or Public Adjuster”, the terms and conditions attached as Appendix A or Appendix B hereto apply to you in addition to the terms of this EULA.

1. Use Rights. Subject to the terms of this EULA, applicable addenda and order form/s (the “Order Form”) and payment of applicable fees stated therein, You are granted a limited, non-transferable right to use the Application as set forth herein. In addition, you must comply with any applicable third party terms of agreement (for example, the terms of your mobile network provider) when using the Application. Licensor owns all rights, title, and interest, including all intellectual property rights, in and to the Application.

You shall only access and use HomeSource USA for the following purposes:

‍As a public adjuster, conduct an inspection and indicate whether the inspection is ready for the roofing company, i.e., what is the condition of the inspection. Additionally, assist homeowners with their claims and other related matters.As a roofing company, review the requests and submit your bid if you are interested. Then, complete the agreed-upon work for the agreed-upon price, i.e., the bid you submitted if your bid is accepted.

2. Restrictions. You may not use the Application for any purpose other than its intended one. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. The Application does not give you, and you may not construe the Application as giving you, any license or right to any copyright, patent, trademark or other intellectual property right or proprietary interest belonging to Licensor or its affiliates, or any sublicense with respect to the foregoing as may belong to a third party. You may not remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Application, and you may not decompile or reverse engineer the Application, or attempt to do so. In addition, you may not rent, lease, lend, sell, copy, reproduce, publish, republish, upload, post, transmit, sublicense, distribute, attempt to derive the source code of, modify or create derivative works of the Application or any of its contents, including its graphic images, audio, video, html code, buttons or text, and any updates to the Application (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by the licensing terms governing use of any open source components included in the Application), without the prior written consent of Licensor or its applicable affiliate, which consent may be withheld in its sole discretion. Any attempt to do so is a violation of the rights of Licensor or its applicable affiliate, and may subject you to prosecution and/or damages.

3. Updates and Upgrades. The terms of this EULA are applicable to any updates or upgrades to the Application that are provided by or on behalf of Licensor and/or its affiliates, unless such updates or upgrades are accompanied by a separate license in which case the terms of that license will govern. 

4. Data. You agree that Licensor and/or its affiliates may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. Licensor and/or its affiliates may use this information, as long as it is in a form that does not personally identify you, to evaluate or improve its products or to provide services or technologies.

You acknowledge and agree that as part of the services provided through the Application, we may need to share your data with third parties such as Roofers and/or Public Adjusters, in accordance with the Privacy Statement https://www.homesourceusa.com/privacy-policy that may include your name, contact information, content such as images, audio, video, text, graphics, etc. that you upload to the Application, location and other information that is relevant for the purpose of providing the services through the Application.

Further, we, or a third party vendor on our behalf, may collect information, including location data, from your device through an analytics tracking tool to help us measure use and effectiveness of this Application. For example, we may measure Your interaction with this Application and activity within the Application in order to enhance the user experience based on data we obtain. Any data collected is anonymized and only used in an aggregate form. We do not store or use any personal data identifying you via the tracking tool. We may share this aggregated, non-personally identifiable information with selected third parties that support our services. For more information about cookies and other tracking tools and how they operate, please go to www.allaboutcookies.org. For more information on Licensor’s privacy practices generally and information about the personal data that we do collect please go to the Privacy Statement https://www.homesourceusa.com/privacy-policy. By using this application, you consent to the collection of data by us in the manner and for the purposes set out above. If you would prefer not to have tracking enabled, please uninstall the Application.

5. Your Content. You own all right, title, and interest, including all intellectual property rights, in and to your content. You hereby grant Licensor a perpetual, non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your content and perform all acts with respect to your data as may be necessary for Licensor to enable your use of the Application.

6. Feedback. Although we welcome questions or feedback about your use of the Application and our services and products, we do not accept, invite or consider unsolicited submissions of ideas, creative suggestions, proposals or other intellectual property (“Ideas”) relating to our business, including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions or marketing plans. This policy is intended to avoid disputes in the event that our products or services seem similar to Ideas submitted to us or our employees, including through the Application. Therefore, all Ideas included in any submission will be treated as non-confidential and as the sole property of Licensor, without any compensation or attribution to you. Licensor will have no obligations to you with respect to such Ideas and has the right at its sole discretion to destroy submissions of Ideas upon receipt.

7. Third-party Services. The Application may enable access to third party services from external providers, including, but not limited to, Roofers or Public Adjusters (“Services”), and may also display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Content”). Use of Services may require Internet access and that you accept additional terms of service and will be governed by that Third Party’s Privacy Policy. You acknowledge and agree that (i) Licensor and/or its affiliates are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Content or web sites, (ii) Licensor and/or its affiliates are not responsible for the Services provided by any third-parties as a result of the use of the Application, any results or outcomes of such Services, and do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Content or web sites, or for any other materials, products or services of third parties. You acknowledge and agree that Licensor is not a party to any transaction between you and the respective Roofer or Public Adjuster, and that any obligations arising out of such Services are between you and the respective Roofer or Public Adjuster. Third Party Content is provided solely as a convenience to you. Licensor has no control over Third Party Content provided through or in connection with the Application. For any issues with respect to such Third Party Content, including without limitation allegations of copyright infringement or misuse, you must contact the provider of such content directly.

You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. 

In addition, Services and Third Party Content that may be accessed from, displayed on or linked to from your mobile device may not be available in all languages or in all countries. Licensor makes no representation that such Services and Third Party Content are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

8. Payment and Fees. You will pay Licensor the applicable fees described in the Order Form for the Services in accordance with the terms therein. If You believe that Licensor has billed or invoiced You incorrectly, You must contact Licensor no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

9. Support and Maintenance. Licensor and/or its affiliates shall be solely responsible for providing any maintenance and support services with respect to the Application only if agreed by you and such party in a separate written agreement or as required under applicable law. 

10. Third-party Beneficiaries. Any third parties listed elsewhere in this EULA or the Application and such parties’ subsidiaries are third party beneficiaries of this EULA and upon acceptance of these terms and conditions by you, such third parties will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.

11. Disclaimer. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER LICENSOR NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE APPLICATION. EXCEPT AS MAY BE AGREED IN A SEPARATE WRITTEN AGREEMENT, LICENSOR AND ITS AFFILIATES AND PARTNERS MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DISCLAIM ALL RESPONSIBILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APPLICATION, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. 

12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR OR ANY OF ITS AFFILIATES OR ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, MORAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, GOODWILL OR OTHER INTANGIBLE LOSSES) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, ANY SERVICES OR THIRD PARTY CONTENT, INCLUDING CONTENT ON OR ACCESSED THROUGH THE APPLICATION OR ANY APPLICATION, WEBSITE OR DOCUMENT LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF. IN NO EVENT SHALL LICENSOR AND ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF US$50.00 (OR ITS EQUIVALENT).

YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS EULA. YOU ALSO WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST LICENSOR OR ITS AFFILIATES AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST LICENSOR OR ITS AFFILIATES, YOU AGREE THAT: (I) YOU SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS EULA); AND (II) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

13. Real-time Route Guidance API. In the event the Application uses location-based APIs for real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. Location data provided is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability or timeliness of stock information or location data displayed by any Services. 

14. Term and Termination. This EULA is effective until terminated by you or by Licensor or its affiliates however, your rights as set forth in this EULA terminate automatically and without notice to you if you fail to comply with the terms set forth herein. Upon termination, you shall stop any and all use of the Application and destroy any copies of the Application. Licensor and its affiliates reserve the right to act immediately and without notice to restrict, suspend or terminate your use of the Application if it reasonably determines that your conduct may: (a) expose Licensor or its affiliates to sanctions, prosecution, civil action or other liability; (b) cause harm to or interfere with the integrity or normal operations of Licensor and its affiliates’ network or networks with which they are interconnected; (c) interfere with another’s use of the Application; (d) violate any applicable law, rule or regulation; or (e) otherwise present an imminent risk of harm to Licensor and its affiliates or their customers.

15. Export Control. You shall comply with all export control and economic sanctions laws (collectively, “International Trade Control Laws”) applicable to your performance under this EULA, including the use and transfer of the Application. Without limiting the foregoing, you shall not transfer or cause Licensor to transfer the Application: (i) to any country or region subject to comprehensive economic sanctions (including without limitation Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine) (each a “Restricted Country/Region”)); (ii) to any party in violation of applicable International Trade Control Laws, including to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List; or (iii) that require government authorization to use or transfer without first obtaining: (a) the informed consent of Licensor; and (b) the required authorization. 

By using the Application, you represent and warrant that (a) 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 (b) you are not on any U.S. government list of prohibited or restricted parties. You also agree that you will not use the Application or any Services for any purposes prohibited by U.S. law or the laws of the jurisdiction in which the Application was obtained, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. Licensor may decline to engage in any activity under this EULA with any connection to a Restricted Country/Region, or that Licensor otherwise determines could constitute a violation of applicable International Trade Control Laws, without creating any liability on its part under this EULA.

The Application and related documentation are “Commercial Items”, as that term is defined at 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the U.S.

16. Governing Law and Jurisdiction. If you attempt to bring any legal proceedings against Licensor or its affiliates arising from your use of the Application, you specifically acknowledge and agree that Licensor and such affiliate(s) are free to choose the jurisdiction of their preference as to where such legal proceedings may be held. You agree that this EULA and any legal action or proceeding relating to the Application are governed by the laws of the State of New York, without reference to its choice of law rules.

‘’Public Adjuster’’: An individual or business hired by a policyholder to negotiate an insurance claim with the insurance company.

‘’Roofer’’: An individual or business hired to bind, cover, seal, insulate or soundproof roofing structures with shingles, slate, asphalt, aluminum, wood, or related materials. 

Any questions, complaints or claims with respect to the Application should be directed to support@homesourceusa.com.

If you access and use the Application as a Public Adjuster, these additional terms apply to you. This Appendix sets out the terms and conditions that apply to any subscription to the Application by a Public Adjuster and are subject to the terms and conditions of the EULA. In the event of a conflict between this Appendix and the EULA with respect to the subject matter of this Appendix, this Appendix will govern.

1. Warranties and Obligations. You represent, covenant and warrant that:

(a) You (and if you are a company, your personnel) are, and will continue to be throughout the Term of this EULA, licensed by the applicable US State in which you provide services.

(b) You, and/or your professional license, is valid and has not been suspended and will immediately inform the end user and Licensor if you no longer comply with this warranty at any time throughout the Term of the EULA and will discontinue use of the Application.

(c) In the event that you provide any services to users of the Application, you will perform such services and all work in a professional and workmanlike manner and in accordance with all applicable laws.

(d) You have, and will maintain throughout the Term of the EULA, appropriate and sufficient insurance coverage for any activities related thereto.

2. Restrictions. You will put fair and honest treatment of the claimant above your own interests. You shall not: (i) enter into a contract to both adjust and repair on the same property or enter into a contract, (ii) accept a power of attorney which gives you the authority to choose the persons who will perform repair work, (iii) accept a settlement of a claim unless the terms and conditions of the settlement are approved by the insured or claimant, (iv) steer any claimant needing repairs or other services to any person with whom the you have an undisclosed financial interest or who is anticipated to provide the you with any compensation for the referral for any resulting business, (v) not approach investigations, adjustments, and settlements in a manner prejudicial to the insured or claimant.

3. Right to Suspend Access. In the event that you breach or threaten to breach any terms of the EULA or this Appendix, Licensor may immediately and indefinitely suspend your access to the Application without notice.

4. Indemnification obligations. You shall defend (at your sole expense) and hold harmless Licensor, its affiliates, directors, officers, employees, contractors and end users of the Application (each an “Indemnified Party”) against any and all claims brought against an Indemnified Party rising from or related to (i) any breach of the EULA or the terms of this Appendix A; (ii) any violation of applicable law or regulation in the provision of services; (iii) bodily injury or death of any person or damage to real and/or tangible personal property directly caused by your negligence or willful misconduct; (iv) fraud, dishonesty or fraudulent misrepresentation; or (v) breach of any of your representations and warranties. The Indemnified Party shall promptly inform you of any claims via written notice and reasonably cooperate with you (at your expense) in connection with the defense and settlement of such claim. You shall not consent to the entry of any judgment or enter into any settlement with respect to a claim without the Indemnified Party’s prior written consent. The Indemnified Party may, at its expense, participate in the defense and settlement of the claim with counsel of its own choosing. In the event that you fail to assume control of the defense within five (5) days of written notice of the claim, The Indemnified Party may assume control of the defense at your expense and you shall reimburse the Indemnified Party for all damages, costs and expenses arising out of such defense.

5. Insurance requirements. You shall obtain and maintain, at your own expense and throughout the term of the EULA, appropriate and sufficient insurance coverage for the nature of the services you provide and any potential damages arising thereto. You hereby acknowledge that Licensor has no responsibility to recommend or determine the amount and types of insurance coverage, and that any such determination shall be your own responsibility.

6. Use and Access of User Data and Content. Through your use of the Application, you may receive access to user’s content and data. Such content and data may contain regulated and personal information. You shall not use such information for any purposes other than as set forth herein, you shall treat and keep all information in strict confidence and in compliance with all applicable laws, including privacy laws. 

7. Relationship. You acknowledge and agree that Licensor is not a party to any transaction or contract between you and the respective users of the Application, and that any obligations arising out of such transaction or contract are between you and the respective end user.

8. Charges to insured. You may not charge, agree to, or accept any compensation, payment, commission, fee, or other valuable consideration more than twenty percent (20%) but in no instance over what is allowed by law of the total amount of the actual payment received from the applicable insurance company to the insured, excluding any deductibles (deductibles may include but not is not limited to depreciation costs and any other exclusion in the applicable insurance policy) applied to insured’s insurance coverage, as total recovery fees for any settlement claim (“Total Compensation”). For the avoidance of doubt, you shall not charge the Application end-user for any amounts deducted from the Total Compensation unless the end-user has claimed back any such deductibles (such as a request for a depreciation check) and the insurance company agrees to refund the end-user, and only with respect to the refunded portion.

If you access and use the Application as a Roofer, these additional terms apply to you. If you are a company, you represent and warrant that you have authority to bind your company to the terms of this EULA and this Appendix. This Appendix sets out the terms and conditions that apply to any subscription to the Application by a Roofer and are subject to the terms and conditions of the EULA. In the event of a conflict between this Appendix and the EULA with respect to the subject matter of this Appendix, this Appendix will govern.

1. Warranties and Obligations. You represent, covenant and warrant that:

(a) You (and if you are a company, your personnel) are, and will continue to be throughout the Term of this EULA, licensed by the applicable US State in which you provide services.

(b) You, and/or your professional license, and applicable business licenses as required by law is valid has not been suspended and will immediately inform the end user and Licensor if you no longer comply with this warranty at any time throughout the Term of the EULA and will discontinue use of the Application.

(c) In the event that you provide any services to users of the Application, you will perform such services and all work in a professional and workmanlike manner and in accordance with all applicable laws.

(d) You have, and will maintain throughout the Term of the EULA, appropriate and sufficient insurance coverage for any activities related thereto.

2. Right to Suspend Access. In the event that you breach or threaten to breach any terms of the EULA or this Appendix, Licensor may immediately and indefinitely suspend your access to the Application without notice.

3. Indemnification obligations. You shall defend (at your sole expense) and hold harmless Licensor, its affiliates, directors, officers, employees, contractors and end users of the Application (each an “Indemnified Party”) against any and all claims brought against an Indemnified Party rising from or related to (i) any breach of the EULA or the terms of this Appendix A; (ii) any violation of applicable law or regulation in the provision of services; (iii) bodily injury or death of any person or damage to real and/or tangible personal property directly caused by your negligence or willful misconduct; (iv) fraud, dishonesty or fraudulent misrepresentation; or (v) breach of any of your representations and warranties. The Indemnified Party shall promptly inform you of any claims via written notice and reasonably cooperate with you (at your expense) in connection with the defense and settlement of such claim. You shall not consent to the entry of any judgment or enter into any settlement with respect to a claim without the Indemnified Party’s prior written consent. The Indemnified Party may, at its expense, participate in the defense and settlement of the claim with counsel of its own choosing. In the event that you fail to assume control of the defense within five (5) days of written notice of the claim, The Indemnified Party may assume control of the defense at your expense and you shall reimburse the Indemnified Party for all damages, costs and expenses arising out of such defense.

4. Insurance requirements. You shall obtain and maintain, at your own expense and throughout the term of the EULA, appropriate and sufficient insurance coverage for the nature of the services you provide and any potential damages arising thereto. You hereby acknowledge that Licensor has no responsibility to recommend or determine the amount and types of insurance coverage, and that any such determination shall be your own responsibility.

5. Use and Access of User Data and Content. Through your use of the Application, you may receive access to user’s content and data. Such content and data may contain regulated and personal information. You shall not use such information for any purposes other than as set forth herein, you shall treat and keep all information in strict confidence and in compliance with all applicable laws, including privacy laws. 

6. Relationship. You acknowledge and agree that Licensor is not a party to any transaction between you and the respective users of the Application, and that any obligations arising out of such transaction are between you and the respective end user.