These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please see Section 17 below for more information.
a. Access. Subject to the terms and conditions set forth herein, we hereby grant you a personal, limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access and use the Service solely for its intended purposes. If applicable, your use of any mobile application comprising part of the Service is subject to your further agreement with the terms and conditions contained within such application and with the usage rules of the applicable mobile application store, including, but not limited to, the Apple Inc. App Store Terms of Service. Connect reserves the right to add, delete, or modify any term or condition within these Terms at any time and in its sole discretion.
b. Changes. If we make a change to any term or condition, we will notify you by posting a change notice on the Service. In the event of substantive changes to these Terms, you may be notified by email of the changes, if your email is available. If any modification is unacceptable to you, you should immediately stop using the Service. Your continued use of the Service following notice of a change in the Terms will constitute your binding acceptance of the changes. We reserve the right to stop offering the Service at any time either permanently or temporarily. If we stop offering the Service, you understand and acknowledge we will not be required to provide any reimbursement or compensation to you in connection with such a discontinuation.
In order to use the Service, you must establish an account (the "Account") with us and, to the extent permitted by the Service, with certain online third party properties such as Facebook, Twitter and LinkedIn (each, a "Social Network"). If you establish an Account with Connect, you agree that you do not own or have any property interest in the Account. If you establish an Account with a Social Network, or use a preexisting Account with a Social Network, you understand you are solely responsible for ensuring that your use of such Account complies with all applicable foreign, federal and state laws and regulations and does not violate any term, condition, rule, procedure, policy or other guideline published by the Social Network. You agree to maintain your Account password in strict confidence. In the event your Account password is lost or otherwise compromised, you agree you will be responsible solely for all actions, damages, liabilities and losses incurred as a result of such loss or compromise. You are responsible for any fees, including internet connection or mobile fees, that you incur while using the Service.
You agree you will not, under any circumstance:
(a) use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service;
(b) attempt to gain unauthorized access to accounts registered to other users or to Connect’s computers, servers, or networks;
(c) share any Content (as defined below) that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, or religiously offensive or otherwise objectionable, or that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity, or that impersonates any other person, or that contains nudity, excessive violence, or offensive subject matter;
(d) harass, stalk, disturb, abuse, or harm, or advocate or incite harassment, abuse or harm of, another person or group;
(e) use the Service or any part thereof for any commercial purpose;
(f) use the Service in connection with, or to otherwise promote, any violation of applicable law or regulation;
(g) transmit unauthorized communications through the Service, including junk mail, chain letters, spam, or duplicative or unsolicited messages in violation of applicable law;
(h) solicit or attempt to solicit personal information from other users of the Service, including the Account login information of other users;
(i) perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded or downloaded by, the Service or any end user any software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service;
(j) contact any user who has asked not to be contacted; or
(k) use any robot, spider, scraper or other automated means to access the Service, create Accounts, or collect content for any purpose without Connect's express written permission.
You understand Connect collects certain information about you and other users, including, but not limited to, contact information during Account registration, information which identifies your mobile device, application software and peripheral hardware device and application IDs; your mobile carrier; geographic location; and information related to usage (“Your Data”). You hereby consent to Connect's use and disclosure of such information in connection with:
(a) Connect's provision of the Service and enforcement of its rights hereunder;
(b) Connect's delivery to you of marketing communications and customer and technical support information; and
(c) the creation of benchmarking, statistical, research and marketing analyses, surveys, reports and studies, but only in aggregate, blinded, non-personally identifiable formats that do not identify, reference or imply an association with you.
(a) You understand and acknowledge Connect does not own or control any messages, texts, files, images, photos, graphics, videos, audio or other materials (the "Content") posted, presented, displayed or published on, or transmitted, distributed or otherwise linked through the Service (individually and collectively, "Publish"). You understand you, and not Connect, are responsible for all Content that you Publish through the Service. You shall remain sole owner of the Content, but you hereby grant to Connect a royalty-free, worldwide, transferable, nonexclusive right and license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise use your Content in any format or distribution channel now and hereafter devised in order to provide the Service. You understand and agree Connect is not responsible for, and expressly disclaims all representations and warranties with respect to and all liability related to or arising from, the Content. Under no circumstances will Connect be liable in any way for any Content or for any loss or damage of any kind incurred as a result of your use of any Content; and Connect has no obligation to monitor, preview, verify, flag, modify, filter or remove any Content. Notwithstanding the foregoing, Connect, in its sole discretion, reserves the right to refuse, move, modify or delete any Content for any reason, with or without notice to you
(b) If you Publish Content, you hereby represent and warrant to Connect: (i) you either own all right, title and interest in and to such Content, or you possess, sufficient rights, approvals, licenses, consents and permissions as are necessary to Publish such Content; (ii) such Content and the Publishing of such Content, does not and will not, directly or indirectly, infringe on, violate or misappropriate the intellectual property rights, privacy rights or other rights of any third party; (iii) such Content does not and will not violate any applicable law, rule or regulation; and (iv) all such Content is truthful and accurate in all material respects.
(c) Certain Content may contain links to other websites that are completely independent of the Service. Connect makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such other websites.
By sending or submitting messages to Connect about the Service, including but not limited to images, feedback, suggestions, ideas, or any other commentary you have generated (“Feedback”), you automatically grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, prepare derivative works of, or incorporate the Feedback into other works or the Service.
Any exchange of data or other interaction between you and a third party (each, a "Third Party Interaction") is solely between you and such third party, and you hereby agree to release and hold Connect harmless from, and will look to such third party with regard to, any claims relating to or arising out of a Third Party Interaction. Connect is not a party to, has no involvement or interest in, makes no representation, warranty or guaranty with respect to, and has no obligation in connection with, any communication, transaction, interaction, dispute or any relation whatsoever between you and any third party through the Service. You hereby acknowledge and agree that you are responsible solely for ensuring that your Third Party Interactions: (a) comply with all applicable foreign, federal and state laws and regulations; and (b) do not violate any term, condition, rule, procedure, policy or other guideline published by Connect and/or any Social Network.
We have no obligation to provide maintenance or installation services of any kind, hard-copy documentation, support, telephone assistance, error corrections, bug fixes, patches, updates or other modifications to the Service ("Support"). In the event that we provide any Support to you, such Support will be considered part of the Service and will be subject to the terms and conditions set forth herein. You may address questions, complaints, or claims with respect to the Service to firstname.lastname@example.org.
(a) As between you and Connect, all software embedded in the Service (the "Software") is and shall remain the sole and exclusive property of Connect. You agree not to take any actions inconsistent with Connect's ownership of each of Connect's rights in and to the Software and the Service. Except as otherwise expressly granted in these Terms, you will not have or acquire any rights or interest in or to the Software or the Service. You acknowledge the Software contains proprietary information and trade secrets of Connect. You agree you will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by these Terms; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; (v) possess or use the Software in any format other than machine-readable format; or (vi) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Software or the Service.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In appropriate circumstances and at Connect’s discretion, Connect may terminate your Account if you become a repeat copyright infringer. If you believe in good faith that any content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details).
Currently, an effective notice must contain the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Service; (iii) identification of the claimed infringing material or subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your address, telephone number, and, if available, your email address; (v) a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter notices with respect to the Service should be sent to Connect Software Corporation, Attn: Legal, 2 Mint Plaza # 801, San Francisco, CA 94105, or to email@example.com.
Connect and the Connect logo are trademarks or registered trademarks of Connect Software Corporation and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks and company names used on the connect.com website (the “Site”) or in connection with the Services may be trademarks of their respective owners. Nothing contained on the Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONNECT AND ITS AFFILIATES, RESELLERS, AND AGENTS (COLLECTIVELY, THE "REPRESENTATIVES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE REPRESENTATIVES DO NOT PROVIDE ANY WARRANTY: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) ABOUT ANY RESULTS THAT MAY BE OBTAINED BY USING THE SERVICE
IN NO EVENT WILL CONNECT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THESE TERMS, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF DATA OR LOSS OF USE. IN NO EVENT WILL CONNECT'S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) AND AMOUNTS ACTUALLY PAID BY CUSTOMER TO US IN THE SIX MONTHS PRIOR TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
At your sole cost and expense, you hereby agree to defend and hold harmless Connect and its affiliates, subsidiaries, officers, managers, members, employees, consultants, representatives, agents, successors and assigns (the "Indemnitees") in any action or claim, and to indemnify Connect and the Indemnitees from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) (collectively, "Claims") arising from such action or claim and related to: (a) your breach of any term, condition, representation or warranty set forth in these Terms; (b) a Third Party Interaction; (c) your infringement or misappropriation of any intellectual property, privacy or other rights of any third party; (d) any Content published by you or through your Account; and/or (d) your violation of applicable law. Connect reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of this Claim. We will use reasonable efforts to notify you of any Claim upon becoming aware of it.
(a) Governing Law, Arbitration. These Terms are governed by, and interpreted in accordance with, the laws of the State of California except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or controversy arising under, out of, or in connection with these Terms shall be resolved by binding arbitration under then current Commercial Rules of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in San Francisco County, California. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties hereto or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Any arbitration award granted hereunder shall be enforceable under the applicable terms and conditions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention), as amended to date. Notwithstanding the foregoing, Connect shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of California, to which jurisdiction, for such purpose, you hereby irrevocably consent. The parties hereto expressly agree these Terms shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If you bring a legal action or claim against us in contravention of this Section 16, you agree you will reimburse us for our costs and expenses incurred in connection with contesting such action or claim; provided that we notified you in writing of the improperly filed claim, and you failed to promptly withdraw the claim. In the event a non-English version of these Terms is created and there is a conflict of terms between such non-English version and the English version of these Terms, the English version will govern.
(b) Class Action Waiver. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and Connect specifically agree to do so in writing following initiation of an action. This provision is not applicable to the extent such waiver is prohibited by law.
(c) Right to Opt Out of Class Action Waiver. If you do not wish to be bound by the class action waiver o, you must notify Connect in writing within 30 days of the date that you accept these terms, unless the law requires a longer period. Your written notice must be sent to Connect Software Corporation, ATTN: Legal, 2 Mint Plaza # 801, San Francisco, CA 94105, or by email at firstname.lastname@example.org, with “Class Action Waiver Opt Out” as the subject line. This notice must include (i) your name, (ii) your email address, and (iii) a clear statement that you do not wish to opt out of this class action waiver.
All notices required or permitted under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) email. To give us notice Connect Software Corporation, ATTN: Legal, 2 Mint Plaza # 801, San Francisco, CA 94105, or email us at email@example.com If we provide notice to you, we will use the email address provided during the Account creation process. All notices will be deemed received (i) if by delivery by U.S. mail, five (5) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by email, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
(a) No Waiver. You agree Connect's failure to enforce any right or provision of these Terms will not be deemed a waiver of any such right or provision. In the event that a provision of these Terms is held to be invalid or unenforceable for any reason, then that provision will be limited to the minimum extent necessary to uphold these Terms, and the remaining provisions of these Terms will remain in full force and effect.
(b) Export. You agree to abide by U.S. and other applicable export control laws and agree not to take any action which would violate the U.S. Export Administration Regulations, the U.S. Arms Export Control Act or any sanctions policies administered by the U.S. Department of the Treasury's Office of Foreign Assets Control, or cause Connect to be in violation thereof. You represent, warrant and certify that you are not a person with whom Connect (as a U.S. corporation) is prohibited from transacting business under applicable law. If you are located outside the U.S., you hereby consent to having your personal data transferred to and processed in the U.S.
(c) Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
(d) Entire Agreement. These Terms (including all of the policies and other agreements described in these Terms, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between you and Connect regarding your use of the Site and any Services.
(e) Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
(f) Headings. The headings used throughout these Terms are merely descriptive and not operative and have no legal or contractual effect.
If you have any comments or questions, you may address them to Connect Software Corporation at 2 Mint Plaza # 801, San Francisco, CA 94105, or firstname.lastname@example.org.
(Effective as of September 30th, 2014)
In order to operate the Service, we may collect: (i) information, including, without limitation, your full name, postal address, phone number and email address (“Personal Information”; (ii) information regarding your customer account and password (“Password Information”); (iii) information, including, without limitation, your zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, registration history information (“Demographic Information”), (iv) the content of communications sent to us and communications posted through the Service; (v) web logs and other standard data entries, including, without limitation, your IP address, page URL, browser type and timestamp; (vi) device and application IDs, and your mobile carrier; and (vii) other data about visitors to the Connect Site who may not be our users. You have the option of not providing us with any of the foregoing information, in which case you may still be able to access some portions of the Service, although you may not be able to access certain services or areas.
We do not knowingly collect any Personal Information from children under the age of thirteen (13) that can be used to specifically identify them, and the Company does not permit persons under the age of thirteen (13) to use the Service. If you are aware of any instance where a child under thirteen (13) has provided us with his or her Personal Information, please contact us at email@example.com.
If you email us, we may keep your message, email address, and contact information to respond to your message.
We also use Personal Information to send you newsletters, information, offers and other promotional materials for the Company's services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. By registering with the Company, you are opting in to receive such emails. To stop receiving such emails (other than Operational Communications), please send a request email to firstname.lastname@example.org.
Lastly, to operate the Service, including supporting your activities on the Service, we may share your Personal Information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of email origination, receipt or support services, customer relationship management services, and promotional fulfillment. We prohibit these parties from using your Personal Information for any other purpose.
We may review all Demographic Information and use it to tailor the Service and all communications to your interests.
The Service has industry standard security measures in place to protect the loss, misuse and integrity of all information under our control. Although we make good faith efforts to store the information collected by the Service in a secure operating environment that is not available to the public, no data transmissions over the Internet are guaranteed to be completely secure and we cannot guarantee complete security.
The Service provides various means of communicating with other Service users through which you may have access to other users' names, email addresses and other information. By using the Service, you agree that, with respect to other user's personally identifiable information that you obtain through your use of the Service, including, without limitation, first and last name, email, photo, hometown, and links to Social Network accounts or user names, as applicable, you will only use such information for: (i) Service related communications that are not unsolicited commercial messages; and (ii) any other purpose that such user expressly agrees to after adequate disclosure of such purpose. Under no circumstances can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user. We urge you to think carefully about including any specific information you may deem private on the Service.
There are two types of cookies: session-based cookies and persistent-based cookies. Session-based cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent-based cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser. Standing alone, cookies do not contain personal data, and therefore do not identify you personally; they merely recognize your browser. Unless you choose to identify yourself to us by using the Connect Site, you will remain anonymous to us.
Third party advertisers on the Connect Site may also place or read cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the Connect Site.
Each time you visit the Connect Site, we automatically collect your (i) IP address (which is a number that can be used to identify your location) and (ii) the web page from which you came. In order to administer and optimize the Connect Site for you and to diagnose problems with the Connect Site, we use your IP address to help identify you and to gather broad demographic information about you. We may also collect the web pages visited on the Connect Site.