This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you" or "your") and TheParkatNJ LLC, and its affiliates and subsidiary companies, including without limitation Connell Cycling LLC (Collectively, "Company" or “We,” “Us,” “Our,” etc.). This Agreement governs your use of the Park Bike mobile application, (including all related documentation, the "Application"). The Application is licensed, not sold, to you. To use and access the bicycle rental program at The Park, Berkeley Heights, New Jersey, and other Content and Services (as such term is defined in Section of this Agreement) enabled by the Application, you will be required to enter into and accept the Rider Terms and Conditions, as such term is defined in Section 5 of this Agreement.
BY DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN THE MOBILE APPLICATION PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION. THIS AGREEMENT IS MADE BY YOU JUST AS IF IT HAD BEEN MADE IN WRITING.
Persons choosing to download, install, use, and/or access the Application do so at their own discretion and initiative, and are responsible for compliance with this Agreement, all local laws and rules, including without limitation, such laws and rules regarding the internet, data, email, electronic messages, privacy, and security.
1. License Grant.
2. License Restrictions.
3. Reservation of Rights.
4. Collection and Use of Your Information.
5. Content and Services.
6. Registration and Security.
7. User Contributions.
8. Inappropriate or Illegal User Contributions.
9. Geographic Restrictions.
10. Application Unavailability.
11. Updates.
12. Third-Party Materials.
13. Term and Termination.
14. Partners.
15. Capacity and Residence of Users.
16. End User Conduct, Representations and Warranties.
17. Disclaimer of Warranties.
18. Limitation of Liability.
19. Indemnification.
20. Severability.
21. Disputes.
22. Limitation of Time to File Claims.
23. Entire Agreement.
24. Waiver.
25. Assignment.
26. Headings.
27. Survival.
28. Children’s Online Privacy Protection Act (“COPPA”) Notification.
29. Digital Millennium Copyright Act.
30. Contact Us.
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for your personal, non-commercial use on a single mobile device or other device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and (b) access and make use of, on such Mobile Device, the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services, as set forth in Section 5.
Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not (and the license granted by this Agreement expressly does not include any right to): (a) copy the Application or any Content and Services, (b) modify or otherwise, in any manner, create derivative works or improvements of or to the Application (whether or not same are patentable) or any of the Content and Services, (c) reverse engineer, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof or in any fashion, (d) remove, delete, alter, or obscure any trademarks or copyright, trademark, or any other intellectual property or proprietary rights notices from the Application, including any copy thereof, (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, or any of the Content and Services, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, (g) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service, (h) use the Application in any manner that could disable, overburden, damage, or impair the Application or the Content and Services, or interfere with any other party's use of the Application or the Content and Services, or (i) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application or the Content and Services.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You will also be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information We collect through or in connection with this Application is subject to Our Park Bike Mobile Application Privacy Policy (available at: [INSERT LINK]) (“Mobile Application Privacy Policy”), which is incorporated herein by reference. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by Us with respect to your information in compliance with the Mobile Application Privacy Policy.
The Application may be utilized to facilitate your use of and access to the bicycle rental program at The Park, in Berkeley Heights, New Jersey along with certain other associated content and services relating thereto (collectively, “Content and Services”), which Content and Services are subject to, and requires your acceptance of and agreement to the Rider’s General Terms and Conditions of Use, Release of Liability & Assumption of Risk, Indemnity and Hold Harmless (available at: [INSERT LINK]) (“Rider Terms and Conditions”) and / or the Mobile Application Privacy Policy, each of which are incorporated herein by reference. The Application may also provide you with access to Company's website located at [TheParkatNJ.com] (the "Website") and products and/or services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Web Content and Web Services"). In such event, your access to and use of such Web Content and Web Services are governed by Website's Terms of Use (“Web Terms”) and Privacy Policy (“Web Privacy Policy”) located at [https://www.theparkatnj.com/terms-of-use] and [https://www.theparkatnj.com/privacy-policy], which are incorporated herein by this reference. Any violation of such Web Terms or Web Privacy Policy by you, in connection with your use or access to the Web Content and Web Services, will also be deemed a violation of this Agreement.
You understand and acknowledge that, in order to use and have access to the Application and the Content and Services, you may be required to create an account. You agree that you: (a) will provide true, accurate, complete and current information about yourself as prompted by the Application’s registration, sign-in or subscription page (collectively, such information being referred to as the “Registration Data”); and (b) will maintain and promptly update the Registration Data as necessary to keep it true, accurate, complete and current at all times. If you provide any information that is false, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Application and/or any Content and Services (or any portion thereof) to you. You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share your account information or your username and password, or any similar security credential, with any third party or permit any third party to access the Application or any Content and Services using your account information. You agree to immediately notify Us of any unauthorized use of your account or any other breach of security relating to your account of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Application.
Company may invite, request, or permit submissions or comments from you, as End User, within the Application or to any website hosted by Company or its affiliates from time to time (“User Contributions”), which User Contributions may, by way of example, include user comments, participation in community message boards, blogs, community tips, testimonials, etc. While User Contributions remain the intellectual property of the individual user, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice and/or likeness contained in your User Contributions, in whole or in part, and in any form throughout the world, in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Contributions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Contribution.
Company neither encourages nor seeks User Contributions that result from any activity that may: (a) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person or to any living being; (b) create a risk of any other loss or damage to any person or property; or (c) may constitute a crime or tort. You further agree that you will not, in connection with any User Contribution: (i) engage in any of the foregoing activities, (ii) inflict emotional distress on, humiliate, assault or threaten, other people (publicly or otherwise), (iii) impersonate any other person or misrepresent your affiliation, title or authority, and/or (iv) otherwise engage in any activity that may result in injury, death, property damage, diminution of value, and/or liability of any kind. Company may reject any User Contribution which Company believes, in its sole discretion, involves any of the foregoing. If notified that a User Contribution allegedly violates any provision of these Agreement, Company further reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Contribution at any time and without notice.
The Content and Services are based in the state of New Jersey in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Your access to the Application may be unavailable or interrupted at any time and for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of your access to the Application and/or any Content and Services, or any of the consequences of such interruptions.
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
(a) The term of Agreement commences when you download and install the Application and will continue in effect until terminated by you or Company as set forth in this Section 13. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. Company may terminate this Agreement in its sole discretion at any time without notice (i) if it ceases to support the Application, or (ii) if you violate any of the terms and conditions of this Agreement, or (iii) for any other reason (or no reason at all). In addition, Company may, in its sole discretion, suspend or block your right to use or access the Application and/or the Content and Services at any time and without notice, it: (i) you breach this Agreement or any of the terms and conditions in this Agreement, (ii) We are unable to verify or authenticate any information you provide to Us, or (iii) We believe that your actions may cause any financial loss or legal liability for Company (including any of the Company’s partners, affiliates, subsidiaries, members, shareholders, officers or employees), yourself, or any other users of the Application or the Content and Services.
(b) Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity
From time to time, Company may partner with an unrelated person or entity to jointly promote or utilize their services within the Application, or within or in connection with the provision of the Content and Services. In such instances, you may be transacting directly with such unrelated other party. On those pages or locations or instances, the unrelated party’s brand will be visible and its terms of service will be available. When using such unrelated party’s pages, you are bound by both the unrelated party’s partner terms of service and by this Agreement. When there is a conflict between this Agreement and such third party’s terms of service, the third party’s terms of service will prevail.
This is a general audience Application for adults age 18 or over, and is intended for use by individuals in the United States of America. By using the Application, you represent and warrant that you are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that you are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract. Because Application is intended solely for use by individuals located in the United States, the information we collect is governed by applicable law of the United States which may be different from the data protection laws applicable outside the United States. If you access the Application from outside of the United States, please note that information collected through Application will be transferred to, processed, and used in the United States. Your use of Application or providing Us with any information constitutes your consent to the transfer to, and processing, usage, sharing and storage of your information (including without limitation personal information collected from or about you or voluntarily provided by you), in the United States as set forth in this Agreement and the Mobile Application Privacy Policy.
We may require, at any time, proof that you are complying with the terms and conditions of this Agreement. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating your access to Application or seeking other legal or equitable remedies, once We become aware of any violation of this Agreement by you. As a condition of your use of the Application, you represent and warrant that:
(a) you are over the age of 18;
(b) you have the right and authority to enter into this Agreement, and fully able and competent to satisfy the terms, conditions, and obligations contained in this Agreement;
(c) you will not interfere with any other person using or enjoying this Application or the Content and Services.
(d) you will not use the Application to threaten, abuse, harass, or invade the privacy of any person;
(e) all contents or materials you submit to Us, including through contacting Us as well as your User Contributions, if any, will be appropriate and lawful;
(f) you will not damage the Application or any of our servers;
(g) you will not attempt to gain unauthorized access to computer systems or networks connected to the Application or use this Application in any way for an inappropriate or unlawful purpose;
(h) you will not access data not intended for you, or log onto a server or an account that you are not authorized to use;
(i) you will not circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Application or the Content and Services;
(j) you will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Application or the Content and Services; and
(k) you will use the Application, and the Content and Services enabled thereby, in full compliance with all applicable laws.
You further represent that you have read, understood, agree with, and will abide by the terms of this Agreement. In addition, you represent and warrant that your User Contributions, if any, and all elements thereof, are (i) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Contributions, or you are otherwise legally entitled to grant Company all of the rights granted by this Agreement; and (ii) Company’s use of your User Contributions, as described or contemplated in this Agreement, do not, and will not, infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity, privacy and defamation. Furthermore, you shall be solely responsible for your own User Contributions and any consequences resulting from the posting or publishing of such User Contributions.
THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS SUPPLIERS, OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION OR THE CONTENT AND SERVICES, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR SOME LIMITATIONS OF LIABILITY OR ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO ANY PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Company, its affiliates, and each of their respective employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Company, and all of their respective successors, and assigns, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application or any breach of a representation or warranty by you in this Agreement; (b) your violation of any third party right, including without limitation, any right of privacy, public rights, or intellectual property rights; (c) your violation of any law, rule or regulation of the United States (or any state or locality therein or thereof), or of any other country; (d) any other party’s access to and/or use of the Application, or the Content and Services, with your device or with any unique username or password, or other unique credential, used by you to access the Application and/or the Content and Services.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this Agreement shall lie exclusively with the state or federal courts within New Jersey Agreement having jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that neither you, nor your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement, including the Mobile Application Privacy Policy, the Rider Terms and Conditions, and such other terms and conditions as are incorporated herein, constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
No waiver of any of any term or condition in this Agreement by Company is binding unless authorized in writing by an officer of Company. If Company waives a breach of any provision of this Agreement, any such waiver will not be construed as a continuing waiver of other breaches of the same or similar nature or other provisions of the Agreement and will in no manner affect Company’s right to enforce the same at a later time.
This Agreement, and any rights and licenses granted you hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted by you in violation of this Agreement shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and to such parties’ permitted successors and assigns.
All headings used in this Agreement are for reference purposes only and shall not be used to interpret, analyze, or construe this Agreement or the provisions, terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
The provisions of this Agreement that, by their nature, are intended to survive the termination of this Agreement shall survive the termination or expiration of this Agreement.
Our Application is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify you that parental control protections (such as computer / device hardware, software, applications, monitoring, or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Website, http://www.eff.org.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on or in the Application should be promptly sent in the form of written communication to Company (at Legal Dept., 300 Connell Drive, Berkeley Heights, NJ, or legal@connellco.com). All claims must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit Us, our respective service provider, or an authorized representative to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You have any questions about this Agreement, including The Mobile Application Privacy Policy and any other terms and conditions incorporated herein, please contact Us at: legal@connellco.com, or by mail at: Legal Department, 300 Connell Drive, Berkeley Heights, NJ 07922.
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