Terms of Use

Please read these terms and conditions carefully. The use of www.qualcomm.com and other web sites that Qualcomm Incorporated and our subsidiaries (collectively, “Qualcomm” or “we”) operate and on which we post a direct link to these terms and conditions (“Site”), the Platform, and the Services (each as defined below) are subject to these terms and conditions (“Terms”), which constitute a legal and binding agreement between you (“you” or “User”) and Qualcomm. By using the Site, you declare to have read and accepted these Terms. If you do not agree to these Terms, you must refrain from accessing or using the Site, the Platform, and the Services.

 

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION SECTION—SEE SECTION 17 BELOW. PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON QUALCOMM’S LIABILITY. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, INCLUDING THE DISPUTE RESOLUTION SECTION AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE WEBSITE.

 

YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

 

1. Qualcomm Services.

 

1.1 The Site is part of the platform developed and managed by Qualcomm, which allows users to access and use certain materials available on the Site ((including but not limited to CreatePoint, Qualcomm ChipCode Software, and Cases websites) and take part in the discussions on the Qualcomm Discord channels, OnQ blog, QPN, Developer Blog, Developer Learning Hub, Wireless Academy, Qualcomm Developer Network, Qualcomm Advantage Network, and/or Qualcomm Support Forms (collectively, the “Platform”). The use of the Site and the Platform is governed by these Terms including the other documents and policies made available on the Platform by Qualcomm. Nothing in the materials available on the Site is an offer to sell any components or devices.

 

1.2 By User’s acceptance of these Terms, Qualcomm hereby grants User a non-exclusive, revocable, royalty-free, limited, personal, non-transferable, non-sublicensable copyright license to access and use the services accessible through the Platform, including the services specified under Section 1.1 (collectively, “Services”), subject to the terms and conditions of these Terms. User’s copyright license to the Services will terminate upon User’s cessation of the use of the Services.

 

2. User’s Duties.

 

2.1 User acknowledges that the use of the Services in accordance with these Terms is essential for the correct operation of the Platform and the Services by the other users.

 

2.2 User will use the Site and the Platform in accordance with these Terms and for the sole purposes of correctly using the Services. Specifically, User undertakes not to:

• disclose or share User’s log-in credentials to any Site with anyone, including but not limited to, a third party;
• use the Platform to develop competitive services, including to create or incorporate other datasets correlated to Qualcomm to be used for a service which is similar or identical to the Services;
• provide Qualcomm with data which is false, inexact, misleading, or which could reasonably be expected to give rise to adverse consequences for third parties;
• copy, modify, or disseminate the content of the Site, the Platform, Services, or proprietary information belonging to Qualcomm and/or others;
• use any mechanism, software, or procedure which may interfere with the proper operations of the Platform or the Services;
• upload to the Platform, the Services, or in any way communicate or send through the same to other users, content (text, graphic, or any other type) which is offensive, vulgar, violent, false, or harmful to Qualcomm’s image, contrary to law, or in breach of third parties’ rights or of the open source licenses used by the Qualcomm community;
• unless required by the Platform or the Services (e.g., for account registration or payment processing purposes), upload to the Platform any Restricted Data. “Restricted Data” means: (i) health or medical information; (ii) biometric data or biometric information that can be used to identify an individual natural person; (iii) financial information or credit or debit card data; and (iv) data that is or reveals race or ethnic origin, citizenship or immigration status, political opinions, religious or philosophical beliefs, trade union membership, genetic or neural data, data concerning a natural person’s sex life or sexual orientation, social security, driver’s license, state identification card, or passport number, account access credentials, or other data that constitutes sensitive personal data or a similar term as defined under applicable data protection laws. Notwithstanding the foregoing, User may upload an individual’s precise geolocation information as supported by the Platform or the Services; provided; however, that User represents and warrants that such uploading and use of such information complies with applicable data protection laws (including any requirements under data protection laws to provide notices and obtain consents).
• copy, download, duplicate, distribute, disseminate, or in any way use – including partially – images, trademarks, text, and content belonging to Qualcomm or in any way found on the Platform, unless within the limitations set forth by the applicable law;
• export any information outside the Platform, aside from those cases expressly permitted by these Terms or by the applicable law;
• sell, export, re-export, transfer, release or otherwise make available or enable access to the Platform, Site, or Services, directly or indirectly, (a) to any country or territory, or any government of or person located, organized, or resident in such country or territory, if, at the time of such transfer, export, re-export, or release, the country or territory is subject to comprehensive sanctions imposed by the U.S. or other applicable governmental authority, or is one with which Qualcomm has decided not to engage due to significant corruption, financial crime, terrorist financing, political, and business risks (currently including Belarus, Cuba, Iran, North Korea, Russia, and the Crimea and other regions of Ukraine controlled by the Russian Federation), absent applicable government authorization; (b) to any person that is subject to restrictions under U.S. and other applicable sanctions, export, and import controls laws and regulations; or (c) in a manner that violates, or would cause Qualcomm to violate U.S. and other applicable export control and economic sanctions  laws, orders, and regulations; or
• use the Platform, Site, or Services to identify or provide evidence to support any potential patent infringement claim against Qualcomm, its Affiliates, or any of Qualcomm’s or Qualcomm’s Affiliates’ suppliers and/or direct or indirect customers. The term “Affiliate” means, with respect to Qualcomm, any corporation or other legal entity that, at any time, directly or indirectly, Controls, is Controlled by, or is under common Control with Qualcomm (but only as long as such Control exists). For the purpose of this definition, the term “Control” means: (a) the beneficial ownership (whether direct or indirect) of more than fifty percent (50%) of the voting power of an entity; or (b) in the case of an entity that does not have outstanding voting shares or securities, the majority (i.e., more than fifty percent (50%) of the equity interests in such entity is now or hereafter owned or controlled by another entity, either directly or indirectly.

3. Export and Trade Controls Compliance.

 

3.1 User agrees that the Site, the Platform, and the Services (including software, technology, and certain services provided by Qualcomm) (collectively, “Items”) may be subject to US and other applicable export control and economic sanctions laws, orders, and regulations, including, without limitation, the Export Administration Regulations (“EAR”) (15 CFR Parts 730-774) and the Foreign Assets Control Regulations (31 CFR Parts 500-599) (collectively, “Export and Sanctions Laws”).

 

3.2 User, in using the Site, the Platform, and the Services, (i) will comply with all Export and Sanctions Laws, including by obtaining any required U.S. or other country licenses, authorizations, or approvals, and (ii) will not engage in any activity that would reasonably be expected to cause Qualcomm to violate any Export and Sanctions Laws.

 

3.3 User will not directly or indirectly export, re-export, transfer, or release (collectively, “Export”) any Items (whether or not incorporated into another item), or any direct product thereof, to any country or territory, its government, any entity located in or organized under the laws of such country or territory, or any individual located or resident in such country or territory, if, at the time of Export, the country or territory is subject to comprehensive sanctions imposed by the U.S., UK, EU, or other applicable governmental authority, absent applicable government authorization, or the country or territory is one with which Qualcomm has decided not to engage due to significant corruption, financial crime, terrorist financing, political, and business risks (i.e., Belarus, Cuba, Iran, North Korea, Russia, and the Crimea and other regions of Ukraine controlled by the Russian Federation) (collectively, “Restricted Territories”).

 

3.4 User further agrees not to directly or indirectly employ any Items in, or Export any Items for, end uses or end users that would violate the controls in Part 744 of the EAR, without prior U.S. government authorization, including those related to prohibited unmanned aerial vehicle (“UAV”) or missile technology; prohibited nuclear, chemical, or biological weapons activities; prohibited supercomputer or semiconductor manufacturing end uses; or for any prohibited military end use or end user.

 

3.5 User warrants that User is not: (i) listed on a prohibited or restricted party list published by the U.S. government, including but not limited to the U.S. Department of Treasury’s “List of Specially Designated Nationals and Blocked Persons” and “Consolidated Sanctions List”, and the U.S. Department of Commerce’s Entity List, Unverified List, Denied Persons List, and Military End-User List or any similar list maintained by the EU or its Member States, the UK, or other applicable local authority; (ii) located, organized or resident in a Restricted Territory; (iii) owned (50% or more in the aggregate) or controlled, directly or indirectly, by one or more persons or entities described in clauses (i) or (ii); or (iv) otherwise the target of U.S., UK, or EU sanctions (collectively, “Restricted Persons”). User shall not Export any Items to any Restricted Persons without prior government authorization, to the extent required by regulation.

 

3.6 If User is a person or entity located in Belarus, Burma (Myanmar), Cambodia, the People’s Republic of China, Nicaragua, the Russian Federation, or Venezuela, User certifies that User is not a “military end-user” as that term is defined in section 744.21 of the EAR. User acknowledges that the foregoing certifications are conditions to User’s access to any Items.

 

3.7 User further agrees not to sell, export or re-export, directly or indirectly, any Items to the Russian Federation or Belarus, or for use in the Russian Federation or Belarus, if such Items fall within the scope of Article 12g of EU Regulation 833/2014 (as amended), or Article 8g of Council Regulation (EC) No. 765/2006 (as amended), or if such export or re-export would otherwise violate any applicable Export and Sanctions Laws. User shall undertake its best efforts to ensure that the purpose of this paragraph is not frustrated by any third parties further down the commercial chain, including by possible resellers. User shall monitor for and immediately inform Qualcomm about any problems in applying this paragraph, including any relevant activities by third parties that could frustrate the purpose of this paragraph. User shall, upon request, make available to Qualcomm information concerning compliance with the obligations under this paragraph. Breach of the obligations contained in this paragraph shall constitute a material breach of an essential element of the contractual terms pursuant to which the Items are supplied, and Qualcomm shall be entitled to seek appropriate remedies, including (without prejudice to any other right or remedy available to it) stopping deliveries, terminating the applicable contract(s), and/or damages. User agrees to defend, indemnify and hold Qualcomm and its Affiliates harmless against any and all third-party claims, actions, causes of action, loss and expenses arising out of User’s failure to comply with its obligations as provided for in this section.

 

4. Use of the Services. Although Qualcomm strives to keep the Platform operational and accessible, under certain circumstances access to the Platform or use of the Services, may be interrupted, including in the case of necessary maintenance or updates. Given the characteristics of the Services, User acknowledges that Qualcomm will not be accountable for problems in accessing the Platform due to causes which are not directly connected to Qualcomm’s activities, including:

• problems relating to connectivity and continuity of Internet traffic available to User;
• problems relating to User’s IT systems;
• problems relating to the terminals used by User, including malfunctioning of devices used by User and including cases in which these devices (such as smartphones, tablets, computers) are not compatible or fast enough to allow use of the Services;
• interruption of access to User’s Internet network;
• non-compatibility between User’s mobile device or browser and the Platform; or
• any other event which may compromise User’s access to the Services or the Platform which is not caused by Qualcomm.

 

5. Third-Party Content and Disclaimers.

5.1 The Platform and Services may display and/or refer, from time to time, to links to other websites that are not owned, managed or controlled by Qualcomm, which User acknowledges as being not attributable to Qualcomm. User acknowledges that Qualcomm does not endorse, monitor, review, or assume any responsibility for the content, products, services, or practices of any third-party websites or services. ACCESS TO AND USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION. QUALCOMM IS NOT RESPONSIBLE FOR ANY ISSUES ARISING EXCLUSIVELY FROM OR RELATING TO USER’S USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITES OR SERVICES, EXCEPT WHERE SUCH ISSUES ARE ATTRIBUTABLE TO QUALCOMM’S ACTIONS OR OMISSIONS. NOTHING IN THIS CLAUSE AFFECTS USER’S STATUTORY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS.

 

5.2 The information presented on or through the Platform and the Services is made available solely for general information purposes. Qualcomm does not warrant the accuracy, completeness, or usefulness of this information to the extent it is provided for general, non-contractual purposes. Any reliance User places on such information is strictly at User’s own risk, unless Qualcomm has failed to exercise reasonable care in making such information available. Qualcomm disclaims liability for any reliance placed on such materials by User, except where Qualcomm has not met its legal obligations. Qualcomm may update the information on the Platform or Services from time to time, but the information may not always be complete or up-to-date. Any of the information on the Platform or Services may be out of date at any given time, and Qualcomm is under no obligation to update such information. Nothing in this clause shall exclude or limit Qualcomm’s responsibility where it is required to provide accurate and up-to-date information under applicable law.

 

6. Publishing Content.

 

6.1 Without prejudice to any ownership rights of User of Content (defined below) which User publishes, for the purpose of allowing the functioning of the Platform and the Services, User grants to Qualcomm and its Affiliates the non-exclusive, royalty free, transferable, sub-licensable, perpetual, irrevocable, to the maximum extent allowed by applicable law, for the duration of intellectual property rights and without detriment to User’s statutory rights (including applicable data protection rights), right to use the Content published and/or updated on the Platform as well as to distribute, reproduce, modify, adapt, translate, publish and make publicly visible all material, including software, libraries, text contents, images, videos, comments, text, audio, software, libraries, or other data (collectively, “Content”) that User publishes, uploads, or otherwise makes available to Qualcomm and its Affiliates throughout the world using any means and for any purpose, including the use of any username or nickname specified in relation to the Content.

 

6.2 User is liable for the Content that User publishes, uploads, or otherwise makes available on the Platform and/or that User provides to Qualcomm and its Affiliates and undertakes not to publish, upload, or otherwise make available to the public through the Platform any Content that:

• is false, illegal, misleading, defamatory, slanderous, intimidating, offensive, or in any other way contrary to law or public morality;
• offends other users, Qualcomm, or the online community;
• may constitute, encourage, promote, or incite unlawful conduct;
• is in breach of any patent, trademark, trade secret, copyright or any other intellectual property right, or of any other applicable law;
• is Restricted Data, includes private or confidential information, or Personal Data in violation of applicable law;
• constitutes promotions or trade communications; and
• is not relevant to the subject matter of the interactive areas in which the Content is published.

 

6.3 The Platform does not constitute or offer a backup service in favor of User, and therefore, User agrees not to rely on the Services for the purpose of saving or storing Content.

 

6.4 User agrees that User is solely responsible – to Qualcomm, Qualcomm Affiliates, other users, third parties, and the competent authorities – for what User uploads to the Platform.

 

7. Intellectual Property.

 

7.1 User acknowledges that:

• the intellectual property rights used on the Platform are exclusive property of Qualcomm;
• Qualcomm or a Qualcomm Affiliate has exclusive title to the intellectual property rights in respect of the Platform, the software, and the databases connected to the Platform, the text, artwork, layout and the look and feel of the Platform;
• User undertakes not to infringe or negatively affect these rights.

 

7.2 User shall not:

• translate, decompile or reverse-engineer the Platform, or engage in any other activity designed to identify the algorithms and logic of the Platform’s operation; or
• extract or make copies of the information contained in the Platform, make derivative works from the Platform, reuse the Platform, or make any other use of the Platform other than as set forth in these Terms or as permitted by applicable law.

 

7.3 User represents to be the owner of each and every exploitation right required to lawfully publish Content on the Platform and undertakes not to publish Content on the Platform of any type, the use of which might constitute an infringement of third-party rights.

 

7.4 Should the Platform or the Services allow the downloading of specific contents, the download of a copy – unless otherwise indicated – shall be only on one computer device, for personal and not commercial use. In addition, User shall not:

• remove or alter ownership or copyright notices in the downloaded content;
• sell or modify the content, reproduce, view, publicly use, distribute, or utilize the same in any other manner for public or commercial purposes unless expressly allowed by applicable license agreements with Qualcomm; or
• use the downloaded content in such a manner as to suggest any association with Qualcomm products, services, or trademarks.

It is further prohibited to copy (or “mirror”) any Platform contents to any other server. Unless otherwise indicated, the use of the Platform contents on other websites or on networked computers for any purpose is prohibited without Qualcomm’s written authorization.

 

7.5 Neither the license or provision of the Platform, Services or other Qualcomm offerings or any portion thereof by Qualcomm or any Qualcomm Affiliates, nor any provision of these Terms, shall be construed as to grant to User, either expressly, by implication by way of estoppel, or otherwise, any license or other right under any of such patents of Qualcomm or any Qualcomm Affiliates. You, on behalf of yourself and (as applicable) your Affiliates, agree not to contend in any context that, as a result of the provision or use of the Platform, the Services or any other Qualcomm offering or any portion thereof, Qualcomm or Qualcomm Affiliates has any obligation to extend, or that you or any other party has obtained any right to, any license, whether express or implied, with respect to, any patent of Qualcomm or any Qualcomm Affiliates, for any purpose. Nothing in this clause affects User’s statutory rights under applicable consumer protection laws, nor does it exclude or limit any rights which cannot lawfully be excluded under applicable law.

 

8. Acceptable Use of the Site, the Platform, and the Services (AI Policy). If User uses of any artificial intelligence (“AI”) features, models, algorithms, or related materials (“AI Products”) made available by Qualcomm through the Site, the Platform, or the Services, then Qualcomm’s Responsible AI License shall also apply.

 

9. Term – Termination of these Terms. These Terms are open-ended and shall cease to be effective in the event of User’s cessation of the use of the Services.

 

10. Changes.

 

10.1 Qualcomm reserves the right to change, suspend, or discontinue any Service. Qualcomm shall not be liable for indirect or unforeseeable losses, but this does not affect liability for damages that are reasonably foreseeable and directly caused by Qualcomm’s failure to comply with its contractual or legal obligations, or for any liability that cannot be excluded or limited under applicable law.

 

10.2 Qualcomm reserves the right to modify these Terms at any time. Any modifications will be published on the Site and will be effectively immediately. Continued use of the Platform after the effective date of any modifications constitutes acceptance of the revised Terms. It remains understood that, should User be unwilling to accept the changes to these Terms made by Qualcomm, User stop their use of the Platform.

 

11. Assignment of these Terms.

 

11.1 Qualcomm may assign these Terms, in whole or part, to any Affiliate, parent company, or successor in interest, without User’s consent.

 

11.2 User may not assign, transfer, delegate, or otherwise dispose of these Terms, or any of User’s rights or obligations hereunder, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of Qualcomm. Any attempted assignment or transfer by User in violation of this provision shall be null and void and of no force or effect.

 

12. Data Collection.

 

12.1 In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy available at www.qualcomm.com/privacy, except for the Site(s) that may have their own, separate privacy policies where such privacy policies shall apply and control (collectively, “Privacy Policy”). By agreeing to this TOU, you acknowledge that you have been given the opportunity to review our Privacy Policy and be informed of how the Site may collect and process your information. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Qualcomm or its affiliates, subsidiaries or agents maintain facilities. For more details, please check the Privacy Policy.

 

12.2 Additionally, in order to operate and provide Qualcomm’s marketing and brand partner services including Qualcomm Partner Network and Qualcomm Brand Portal (collectively, the “Product and Brand Partner Services”), and to enable Qualcomm to generate insights necessary to deliver meaningful value to Qualcomm product partners and marketing partners, Qualcomm collects and processes the following information about users who access and use such services, in accordance with the Privacy Policy. By registering for or using the Product and Brand Partner Services, you acknowledge that such services may collect the following categories of information: (i) your account registration information, which is necessary to establish, maintain, and administer your access to and participation in such services; and (ii) your service account activity and usage data, which is essential for Qualcomm to operate such services, evaluate performance, generate aggregated insights, measure engagement, optimize effectiveness, and enable Qualcomm to better deliver relevant services, content and opportunities to its marketing and brand partners. You acknowledge that such collection and processing are integral to Qualcomm’s provision of the Product and Brand Partner Services and the value they deliver to participating partners.

 

13. Moderation of the Content.

 

13.1 In order to safeguard the digital environment of the Platform, and to allow activities to be conducted in compliance with applicable law, Qualcomm may take non-automated initiatives to detect, identify, and counteract illegal content and information that is incompatible with these Terms.

 

13.2 Without prejudice to Qualcomm’s right to send prior warnings, in the event that User uploads Content in breach of these Terms, including with respect to third-party rights, Qualcomm may delete the relevant Content.

 

13.3 The restrictions adopted by Qualcomm shall be without prejudice to Qualcomm’s right to seek recourse to judicial remedies or pursue alternative dispute resolution.

 

14. Indemnification. User shall indemnify and hold harmless Qualcomm, its Affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to User’s breach of these Terms or access or use of the Platform or Services.

 

15. Disclaimer.

 

15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUALCOMM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, EXCEPT WHERE SUCH LOSS OR DAMAGE IS DIRECTLY ATTRIBUTABLE TO QUALCOMM’S FAILURE TO EXERCISE REASONABLE CARE AND TO COMPLY WITH ITS LEGAL OBLIGATIONS. EXCEPT FOR ANY MANDATORY QUALITY RIGHTS PROVIDED UNDER APPLICABLE CONSUMER PROTECTION LAWS, YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

15.2 EXCEPT FOR ANY MANDATORY QUALITY RIGHTS PROVIDED UNDER APPLICABLE CONSUMER PROTECTION LAWS, NEITHER QUALCOMM NOR ANY PERSON ASSOCIATED WITH QUALCOMM MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER QUALCOMM NOR ANYONE ASSOCIATED WITH QUALCOMM REPRESENTS OR WARRANTS THAT THE PLATFORM AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PLATFORM AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PLATFORM AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, EXCEPT WHERE REQUIRED BY APPLICABLE CONSUMER PROTECTION LAWS.

 

15.3 FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION OR THESE TERMS EXCLUDES OR LIMITS ANY STATUTORY RIGHTS OR WARRANTIES THAT ARE PROVIDED TO CONSUMERS UNDER APPLICABLE LAW, INCLUDING ANY MANDATORY CONSUMER WARRANTIES FOR DIGITAL SERVICES. IF YOU ARE A CONSUMER, YOU ARE ENTITLED TO THE LEGAL RIGHTS AND REMEDIES PROVIDED BY LAW IN YOUR COUNTRY OF RESIDENCE, AND NOTHING IN THIS PROVISION OR THESE TERMS AFFECTS THOSE RIGHTS.

 

15.4 THE LIMITATIONS AND EXCLUSIONS SET OUT IN THIS SECTION 15 DO NOT APPLY IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY QUALCOMM OR IN ANY OTHER CIRCUMSTANCES WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

16. LIMITATION ON LIABILITY.

 

16.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF QUALCOMM AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND SERVICES, REGARDLESS OF THE LEGAL BASIS (INCLUDING CONTRACT, TORT, OR OTHERWISE), SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION DOES NOT APPLY IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

16.2 TO THE EXTENT PERMITTED BY LAW, AND EXCEPT WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, QUALCOMM AND ITS AFFILIATES SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES (WHETER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE PLATFORM AND SERVICES, (B) YOUR ACCESS TO OR USE OF OR INABAILITY TO USE THE SITES; (C) ANY CONDUCT OR CONTENT ON THE SITE, INCLUDING ANY POSTING, (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, OR (E) ANY BREACH OF ANY OBLIGATION UNDER THESE TERMS, REGARDLESS OF THE LEGAL BASIS (INCLUDING CONTRACT, TORT, OR OTHERWISE), WHETHER OR NOT QUALCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

16.3 THIS SECTION 16 DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO AVOID DOUBT, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY TO UK OR EU CONSUMERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT THE LAW DOES NOT ALLOW US TO EXCLUDE OR LIMIT.

 

16.4 ANY PROVISIONS CONCERNING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IN THESE TERMS ARE NOT APPLICABLE IN NEW JERSEY WITH RESPECT TO PUNITIVE DAMAGES, LOSS OF DATA, AND LOSS OF OR DAMAGE TO PROPERTY.

 

17. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver, Governing Law, and Venue).

 

17.1         This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and you agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.

 

17.2         THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SITE, YOU AGREE THAT IF A DISPUTE ARISES BETWEEN YOU AND QUALCOMM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND/OR AGENTS (QUALCOMM, COLLECTIVELY WITH SUCH OTHER ENTITIES AND INDIVIDUALS, THE “QUALCOMM PARTIES”) RELATING IN ANY WAY TO THE SITE OR YOUR USE THEREOF, INCLUDING COMMON LAW OR STATUTORY CLAIMS, DISPUTES, OR CONTROVERSIES, THE DISPUTE WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND QUALCOMM HAVE AGAINST EACH OTHER ARE RESOLVED. You and Qualcomm agree that any and all disputes or claims that have arisen or may arise between you and Qualcomm or any of the other Qualcomm Parties in connection with the Site, including any products or services offered or sold in connection with your use of the Site, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

 

17.3         Opting Out of Arbitration and Class Action Waiver: If you are not already bound to an arbitration provision with Qualcomm relating to these Terms or the Site where you had the opportunity to opt out of the requirement to arbitrate, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. If you are already bound to such an arbitration provision relating to your use of the Site, you may opt out of any revisions to your prior arbitration agreement made by this Agreement to Arbitrate in the manner specified below, but opting out of such revisions shall otherwise have no effect on any previous, other, or future arbitration agreements that you may have with Qualcomm. The Opt-Out Notice must be postmarked no later than 30 days after the date you receive notice of this Agreement to Arbitrate. You must mail the Opt-Out Notice to the Notice Address. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and email address. You must personally sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. Opting out of the Agreement to Arbitrate will not affect the applicability of any other terms or agreements you may have with Qualcomm.

 

17.4         PRE-ARBITRATION DISPUTE RESOLUTION: You and Qualcomm agree that whenever you or Qualcomm have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to your use of the Site that is subject to the arbitration provision herein, you and Qualcomm will first send a written notice to the other party (a “Demand”). You and Qualcomm agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send the Demand to the following address (the “Notice Address”): 5775 Morehouse Drive, San Diego, California 92121, U.S.A., Attention: Litigation Department. Qualcomm must send the Demand to you via certified mail to the most recent address Qualcomm has on file for you (or by email if Qualcomm only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis (i.e., between you and the applicable Qualcomm Parties); (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Qualcomm by its authorized representative (and not only its counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Qualcomm will personally attend (with counsel, if represented). You and Qualcomm agree that you and Qualcomm will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

 

17.5         ARBITRATION PROCEDURE: If the Dispute stated in the Demand is not resolved to your or Qualcomm’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS rules and a form for initiating arbitration proceedings are available on the JAMS's website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these TOU, including, but not limited to, any claim that all or any part of these TOU is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Qualcomm may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law.

 

17.6         CLASS ACTION WAIVER: You and Qualcomm agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Qualcomm agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and Qualcomm further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Qualcomm in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS's rules.

 

17.7         Mass Arbitration: If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Qualcomm, and such circumstances meet the definition and criteria of Mass Arbitration (“Mass Arbitration”) set forth in JAMS’s Arbitration Procedures and Guidelines (“JAMS’s Mass Arbitration Rules”) available at https://www.jamsadr.com/mass-arbitration-procedures, you and Qualcomm agree that the JAMS Mass Arbitration Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration. You acknowledge and agree that your election to participate in a Mass Arbitration may result in a delay in the adjudication of your dispute with Qualcomm.  Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

 

17.7.1  Stage One: Counsel for the claimants and counsel for Qualcomm shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Qualcomm will pay the mediator’s fee.

 

17.7.2  Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Qualcomm shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Qualcomm will pay the mediator’s fee.

 

17.7.3  If your Claim is not resolved as part of the staged process identified above, either:

• Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.

OR

• Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with JAMS (including through a Process Administrator, as such term is used in the JAMS’s Mass Arbitration Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

 

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.

 

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Arbitration procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS’s rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS’s rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or Qualcomm. If the Mass Arbitration provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Arbitration provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

 

17.8         Governing Law. Except as otherwise prescribed herein, and subject to applicable law, these Terms and Conditions shall in all respects be construed, interpreted, and enforced in accordance with the substantive laws of the State of Delaware, without regard to its conflicts or choice of law principles. You and Qualcomm agree that your use of the Website involves interstate commerce so as to ensure the applicability of the Federal Arbitration Act (“FAA”). In the event of a conflict between California law and the FAA, the FAA shall govern. If any portion of these Terms and Conditions are deemed invalid or unenforceable, the remainder of these Terms and Conditions shall remain in force.

 

18. Waiver and Severability. No waiver by Qualcomm of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Qualcomm to assert a right or provision under these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.