1.1 These Terms of Service ("Terms") govern your use of services provided by Reliable Red LLC ("we", "us", "our", or "Company"), including without limitation our website, mobile or web applications, or other digital products or services that link to or reference these Terms (collectively, the "Services"). These Terms are a binding legal agreement between you or the entity you represent ("you") and Company. In these Terms, "you" and "your" refer to you, a user of the Services. A “user” is you or anyone who accesses, browses, or in any way uses the Services.
2. By accessing or using the Services:
2.1 You acknowledge that you’ve read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are participating as a guest or as a registered user;
2.2 If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;
2.3 You represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have not previously been suspended or removed from the Services; (iii) have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; (iv) your registration and use of the Services is in compliance with any and all applicable laws and regulations; and
2.4 You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. You agree to be bound by those changes by continuing to access or use our Services after those revisions have become effective.
4. Accessing the Site.
We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind.
5. Account Registration and Account Security.
5.2 By creating an account with us, you agree to provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate suspension or termination of your account on our Services. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
5.3 You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. Please use caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a cafe or public library. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. Reliable Red is not liable for any loss or damage arising from your failure to comply with the above requirements.
6. Prohibited Uses.
6.1 You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.
6.2 You agree not to, and will not assist, encourage, or enable others to use the Services:
(i) For any commercial purpose, except as expressly permitted under these Terms.
(ii) To violate any applicable national, regional, federal, state, local, or international law or regulation.
(iii) To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
(1) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(2) Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
(5) Be likely to deceive or confuse any person.
(iv) Violate these Terms or any other rules or policies posted by us.
(v) Reverse engineer any portion of the Services.
(vi) Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
(vii) Record, process, harvest, collect, or mine information about other users.
(viii) Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.
(ix) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
(x) To introduce or use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a technologically harmful nature (collectively, "Viruses").
(xi) Use the Services to violate the security of any computer network, crack passwords or security encryption codes.
(xii) Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
(xiii) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
(xiv) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
(xv) Otherwise attempt to interfere with the proper working of the Services.
6.3 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 thirty (30) days’ prior written notice to us at firstname.lastname@example.org 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.
7. Content; Ownership.
7.1 We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Services. You understand that when using the Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content
7.2 We own the Services and all of our trademarks, logos, branding, and any other Content that we create or have created in connection with the Services (“Company Content”), including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Company Content and the Services (collectively, “Company IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Company IP are retained by us.
8.1 If you purchase Paid Services or any other products, services, including software as a service and Custom Jobs (defined below), you agree to the following:
8.2 3 Day Right to Cancel. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. BUYER WILL NOT RECEIVE A REFUND FOR SERVICES COMPLETED.
8.3 Payments. IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW. We may, either after an initial free trial period or at the beginning of your access to the Services, charge an automatically-renewing subscription fee for your use of the Services ("Paid Services").
(i) You authorize the Company to charge your credit/debit card for the Paid Services when due. If charges are declined, the Company shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Paid Services for ten (10) days. If the charges are not approved and you do not make payment, the Company may, in its sole discretion, discontinue services without notice at or after the end of the ten (10) day period. If you otherwise do not pay any charges when due, the Company may, in its sole discretion, terminate these Terms and/or discontinue services without notice.
(ii) We will automatically renew until you affirmatively cancel the Paid Services.
(iii) You can cancel the Paid Services at any time. To cancel, please e-mail email@example.com. Cancelling will end the automatic renewals of your Paid Services, but we will keep any fees we have already collected from you (unless we are required by law to refund them).
(iv) We will disclose the duration and cost of the Paid Services before you purchase the Paid Services and will confirm the duration and the cost of the Paid Services via email following your purchase.
8.4 Fees. You shall pay the fees designated on the confirmation page of your Purchase(s) (“Fees”). You represent and warrant that all payment information you provide in connection with a Purchase is true and accurate and hereby authorize us to bill the payment instrument you provide for such Purchase. We are not responsible for fulfilling any Purchases for which you provided information that is deceptive or incomplete, as determined by Company. The Fees are exclusive of any applicable federal, state, municipal or other taxes or duties, including VAT and GST (collectively, “Applicable Taxes”), unless otherwise specified. Your ability to access the Paid Services begins on the date you pay the applicable Fee and Applicable Taxes (if any) and continues on an annual or month-to-month basis, depending on the Paid Services you have purchased. We will automatically renew your access to the Paid Services by charging the Fee plus any Applicable Taxes to the payment method you provided to us.
(i) Opt-Out. Unless you affirmatively opt out of automatic renewal, you hereby authorize us to renew or begin the Paid Services automatically at the end of each twelve month period. If you opt out of automatic renewal, your access to the Paid Services will terminate at the end of the month in which you opt out. You must maintain accurate and up-to-date payment information. We assume no responsibility or liability if your access to the Paid Services fails to renew or otherwise expires because of outdated or incorrect payment information.
(ii) Cancellation. You may cancel the Paid Services at any point by following these instructions or the instructions included in your purchase confirmation email. If you cancel the Paid Services, your access to the Paid Services will continue until the last day of the month in which you cancelled, at which point it will expire. Purchase and/or redemption of the Paid Services is final and non-refundable; if you cancel or opt out, we will not issue you any refund, including partial or pro-rated refunds, unless required to do so by law.
(iii) Changes. We reserve the right to modify, offer additional, or cease offering the Paid Services at any time in our sole discretion, including but not limited to changes in Fees, modifying the availability of, and eligibility requirements for, certain Paid Services, or modifying the features and functionality of certain Paid Services. We will provide you with thirty (30) days prior notice via email before changes in Fees take effect. Any changes to the Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current month. In the event we do migrate you to different Paid Services, or modify the Fee, you may opt out of these changes by disabling auto-renewal of the Paid Services or cancelling the Paid Services by following these instructions, but we will not issue you any refund, including partial or pro-rated refunds, unless required to do so by law.
8.5 Custom Jobs. If you may select and purchase one-time maintenance or repair services from third party service providers via the Services (“Custom Jobs”). You shall provide a clear and accurate description of the services to be performed, as well as the dates, times and location at which the Custom Job will be performed. Custom Jobs will be performed by third party service providers ("Vendors"). Vendors are independent service providers and not employees, agents, or representatives of Company. All services provided to you by Vendors are the sole responsibility of the Vendor who provides them. Vendors are solely responsible for complying with all obligations they may have under any applicable local, state, federal laws or regulations and those imposed by any regulatory body pursuant to which they are licensed, authorized or operating. Company does not direct, has no control over, makes no representations, and does not guarantee the quality of the Custom Jobs or the ability of Vendors to perform the Custom Jobs in a manner satisfactory to you. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A LICENSED CONTRACTOR AND IS NOT A GENERAL CONTRACTOR FOR CUSTOM JOBS OR ANY OTHER HOME SERVICES PURCHASED THROUGH THE SERVICES. COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PROVISION OF SERVICES AND PERFORMANCE OF CUSTOM JOBS BY VENDORS.
8.6 By confirming purchase of a Custom Job, Paid Services, or other Purchase, you:
(i) Represent and warrant that you have the right to grant us, our employees, service providers, and affiliates the right to access your property or the applicable premises to perform the services described in your Purchase (“Premises”);
(ii) Grant us, our employees, service providers, and affiliates the right to access the Premises;
(iii) Will be present at the Premises or will have a representative who is 18 years or older at the Premises at all times while the services are being performed;
(iv) Acknowledge that additional Custom Jobs may be required to achieve the desired outcome you requested;
(v) Authorize us find and engage with a general contractor on your behalf to perform all or part of Custom Job(s) or subcontract all or part of Custom Job(s), as we may determine in our discretion; and
(vi) Authorize us to share your information, including personal data, such as your address, preventative maintenance, and insurance information, with our employees, service providers, and affiliates and third parties, such as insurance companies.
9. Links to Third-Party Websites.
If there are third -party websites and resources linked to on the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and do not assume any responsibility for them. You acknowledge and agree that Reliable Red shall not be responsible for liable, directly or indirectly, for any loss or damage that may arise from your use of third-party websites. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.
10. Interruption of Service
Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
11. Service Limitations
11.1 Reliable Red services are intended solely for informational purposes and as a general guide to help the client make their own evaluation of the overall condition of the property.
11.2 The report provided by the Company expresses the personal opinions of the service provider, based upon visual impressions of the conditions that existed at the time of the inspection only. The inspection and report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered. No disassembly of equipment, opening of walls, moving of furniture, appliances or stored items, or excavation was performed. All components and conditions which by the nature of their location are concealed, camouflaged or difficult to inspect are excluded from the report. Systems and conditions which are not within the scope of the inspection include, but are not limited to: formaldehyde, lead paint, asbestos, toxic or flammable materials, and other environmental hazards, any systems which are shut down or otherwise secured; water wells (water quality and quantity) zoning ordinances; intercoms; security systems; heat sensors; cosmetics or building code conformity.
11.3 Reliable Red is not a certified or professional home inspection service and does not represent itself as such. Reliable Red service should not be construed as a compliance inspection of any governmental or non-governmental codes or regulations. The service is not intended to be a warranty or guarantee of the present or future adequacy or performance of the structure, its systems, or their component parts. This report does not constitute any express or implied warranty of merchantability or fitness for use regarding the condition of the property and it should not be relied upon as such. Any opinions expressed regarding adequacy, capacity, or expected life of components are general estimates based on information about similar components and occasional wide variations are to be expected between such estimates and actual experience. We certify that our service professionals have no interest, present or contemplated, in this property or its improvement and no involvement with tradespeople or benefits derived from any sales or improvements.
11.4 To the best of our knowledge and belief, all statements provided by Reliable Red are true and correct.
12. Disclaimer of Warranties.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. WHILE COMPANY MAY ASSESS THE INDIVIDUALS PERFORMING PAID SERVICES AND CUSTOM JOBS ON YOUR PREMISES, YOU SHOULD NEVERTHELESS EXERCISE DUE DILIGENCE, CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY.
13. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL (A) COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES, OR (B) COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You shall indemnify and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms or your use of the Services, (b) your violation of any applicable law or the rights of a third party, or (c) your willful misconduct or negligence. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Company’s defense of those claims.
15. Governing Law.
These Terms shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in King County, Washington.
16. Arbitration and Class Action Waiver.
16.1 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Seattle, Washington, unless you and Company agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
16.2 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
17. General Terms.
17.2 Waiver. No waiver of these Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17.3 Assignability. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
17.4 Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
17.5 International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
17.7 Text Messaging. We (or those acting on our behalf) may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service. Operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com. 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 that is owned by us, 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 Company and its users any claims and assertions of any moral rights contained in such Feedback.
19. Notice Regarding Apple.
This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and the Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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 list of prohibited or restricted parties.