Term of Use - Stroller Patrol

Terms Of Use

STROLLER PATROL TERMS OF USE

These Stroller Patrol Terms of Use (“Terms of Use”) are a binding agreement between you (“End User” or “you”) and Stroller Patrol LLC (“Stroller Patrol”, “we”, or “our”). This Agreement governs your use of the Stroller Patrol Application on your mobile device (the “Application”) and of the Stroller Patrol website, accessible at https://www.strollerpatrol.com/ (the “Website”, collectively with the Application, the “Services”). Please read the Terms of Use carefully before you start to use the Application.

The Application is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. The Services are licensed, not sold, to you.

BY DOWNLOADING AND/OR USING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES (OR ANY OF ITS TERRITORIES OR POSSESSIONS); AND (C) ACCEPT AND AGREE TO ABIDE AND BE LEGALLY BOUND BY THESE TERMS OF USE (INCLUDING ITS ACCEPTABLE USE POLICY. YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS SUBJECT TO OUR PRIVACY POLICY (FOUND AT HTTPS://WWW.STROLLERPATROL.COM/PRIVACY-POLICY). IF YOU DO NOT AGREE TO THESE TERMS OF USE (INCLUDING THE ACCEPTABLE USE POLICY), AND THE PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DO NOT VISIT THE WEBSITE.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND STROLLER PATROL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. MORE DETAILS ARE PROVIDED BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.

Intellectual Property and License Grant

The Services contains contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) that are owned by Stroller Patrol, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to the terms and conditions of these Terms of Use (including our Acceptable Use Policy), Stroller Patrol 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 owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these Terms of Use (including our Acceptable Use Policy); and (b) access, download, and otherwise use on such Mobile Device any features, functionality, and content made available in or otherwise accessible through the Application or which may be hosted on Stroller Patrol’s Website, strictly in accordance with these Terms of Use.

License Restrictions

Users shall not: (a) copy the Services, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or service marks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate law and/or infringe on our or a third party’s intellectual property rights.

Reservation of Rights

You acknowledge and agree that the Services are provided you under license and are not sold to you. You do not acquire any ownership interest in the Services under these Terms of Use, or any other rights thereto other than to use the Services in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms of Use. Stroller Patrol, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to only End Users, End Users in a certain location, and/or another portion of End Users based on criteria determined by Stroller Patrol.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Stroller Patrol may use automatic means to collect information about your Mobile Device and about your use of the Application, and that you also may 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 the Services is subject to our Privacy Policy, which is expressly integrated into these Terms of Use. By downloading, installing, using, and/or providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

User Content

End Users may upload or post content on or through the Application (“User Content”). You understand and agree that any User Content you share, upload, or post to the Application may be visible to other users of the Services.

By sharing, posting, or uploading User Content on or through the Application, you hereby grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns a non-exclusive, fully paid-up, royalty-free, transferable, fully sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, create derivative works of, and otherwise disclose to third parties your User Content.

You hereby represent and warrant that: (a) You own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns; and (b) all of your User Content does and will comply with these Terms of Use (including with our Acceptable Use Policy below).

You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not Stroller Patrol, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. You further agree to not take any unlawful action based upon any User Content, including but not limited to harassment, “doxing”, “SWATing”, or other unlawful retaliatory measures.

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY TO ANY USER OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE APPLICATION.

User Content Including Children

As an End User, you acknowledge and agree that User Content posted by other users on the Application may include your and/or your child’s likeness and voice. You hereby grant to Stroller Patrol, its affiliates, assigns, and those persons acting with Stroller Patrol’s authority and permission to host, use, distribute, modify, run, copy, publicly perform or display, translate, create derivative works of, and otherwise disclose to third parties photographs and/or videos and other still and/or moving images (in all formats) and other graphical depictions incorporating your and/or your child’s likeness and voice, in any and all media, whether now known or hereafter created.

Notwithstanding the foregoing, you may, at any time, request that we delete User Content posted by another user on the Application that includes your or your child’s likeness or voice. We may request from you any reasonable information or documentation we deem relevant to authenticate your request to delete the User Content.

Monitoring and Content Removal

We have the right to:

Remove or refuse to permit the posting of any User Content for any or no reason in our sole discretion;
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use (including our Acceptable Use Policy), infringes any intellectual property right, privacy right, or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create any liability for Stroller Patrol;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
Terminate or suspend your access to all or part of the Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU HEREBY WAIVE AND HOLD HARMLESS STROLLER PATROL AND ITS OWNERS, MEMBERS, EMPLOYEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

Stroller Patrol does not condone nor authorize activities that infringe copyright or intellectual property rights. Stroller Patrol will remove any infringing content if properly notified that such content infringes on another’s copyrights.

If you believe that any User Content violates your copyright, You may notify Stroller Patrol any copyright infringement on the Services pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Stroller Patrol Services;
Identification of the URL or other specific location where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may contact us via email at [email protected] to provide us with any such notification.

Stroller Patrol reserves the right to terminate the account of any user that it determines is a “repeat infringer”. A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had content repeatedly removed.

Geographic Restrictions

The Application and its services are based in the State of New York and provided for access and use only by persons located in the United States of America. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You are solely responsible for your access and/or use of the Application outside the United States and for compliance with local laws. YOU HEREBY AGREE NOT TO UPLOAD OR POST USER CONTENT TO THE APPLICATION FROM OUTSIDE THE UNITED STATES.

Changes and Updates to the Application

Stroller Patrol may, from time to time and in its sole discretion, develop and provide Application updates, which may include upgrades, improvements, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Stroller Patrol 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 the Application will automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates. Users should promptly download and install all Updates. You acknowledge and agree that the Application or portions thereof may not properly operate should you fail to download and install Updates. All Updates are deemed part of the Application and subject to all terms and conditions of these Terms of Use.

Third-Party Materials

The Services 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 Stroller Patrol is not responsible for Third-Party Materials, including, but not limited to, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Stroller Patrol 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.

Registration

To use certain aspects of the Application, you will need to register and obtain a password-protected account. You agree to provide accurate and complete information when registering and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password, and for all activities associated therewith. Please contact us at [email protected] if you suspect your account was compromised or was used without your permission, and promptly take steps to secure your account. To the extent permissible under applicable law, Stroller Patrol will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use or misuse of your account, either with or without your knowledge. In cases where you have authorized or registered another individual to use your account, you are fully responsible for the online conduct of such person, controlling that person’s access to and use of the Application, and the consequences of any misuse by that person.

Assumption of Risk

You are solely responsible for ensuring that your use of the Application complies with all applicable laws, rules, and regulations, and does not violate the rights of any third party, including, without limitation, intellectual property and privacy rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Application.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any files available for download from the Internet, the Application, or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STROLLER PATROL NOR ANY PERSON ASSOCIATED WITH STROLLER PATROL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER STROLLER PATROL NOR ANYONE ASSOCIATED WITH STROLLER PATROL REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, STROLLER PATROL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STROLLER PATROL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO ANY FREE USER’S USE OF OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND REGARDLESS OF WHETHER STROLLER PATROL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF STROLLER PATROL AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY END USER OR ANY OTHER PARTY IN CONNECTION WITH AN END USER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED, IN THE AGGREGATE, FIVE HUNDRED DOLLARS ($500).

Indemnification

You agree to indemnify, defend, and hold harmless Stroller Patrol and its affiliates, and each of their officers, directors/managers, employees, agents, 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 attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms of Use (including the Acceptable Use Policy), including, but not limited, to the content you submit or make available through the Application, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Term and Termination

These Terms of Use become effective and binding on you when you access or use the Services or when you download the Application and will continue in full force and effect until terminated by you or Stroller Patrol. You may terminate these Terms of Use by deleting the Application and all copies thereof from your Mobile Device and refrain from using or accessing the Services. Stroller Patrol may terminate these Terms of Use at any time without notice if you violate any of the terms and conditions of these Terms of Use, or if Stroller Patrol ceases to support the Services, which Stroller Patrol may do at any time and in its sole discretion. Upon termination, all rights granted by Stroller Patrol to you under these Terms of Use will 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 Stroller Patrol’s rights or remedies at law or in equity.

Unlawful Activity; Termination of Access

Stroller Patrol reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials or regulators, and disclosing any information necessary or appropriate to such entities relating to End Users and their use of the Application. Stroller Patrol may discontinue any End User or visitor’s participation in the Application at any time for any reason or no reason. When Stroller Patrol terminates an End User’s account, that End User’s profile and related content will, shortly thereafter, not appear on the Application. We may retain an archival copy of End User’s profile and related content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

Remedies for Violations

Stroller Patrol reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address or other user identifier to the Application.

Communications

Stroller Patrol may notify End Users of relevant information regarding the Services in any of the following ways: (a) by emailing End Users at the contact information they provide in their account registration; (b) by transmitting or posting a notice through the Services; and (c) by posting the notice elsewhere in the Application in an area suitable to the notice. It is each End User’s responsibility to periodically review the Services for such notices. Subject to Stroller Patrol’s Privacy Policy, if you send to Stroller Patrol or post on the Services in any public area any information, ideas, inventions, concepts, techniques, or know-how (“End User Submissions”), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that Stroller Patrol can use such End User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your End User Submissions. We actively review End User Submissions for new ideas. If you wish to preserve any interest you might have in your End User Submissions, you should not post them to the Application or send them to us.

Governing Law and Jurisdiction

All matters relating to the Application, the Website, and these Terms of Use are governed by and construed in accordance with the internal law of the State of New York without regard to its principles of conflicts of laws. Any legal suit, action, or proceeding arising out of or relating to the Services and these Terms of Use and not subject to the arbitration clause below shall be filed only in the state or federal courts located in the New York County, New York, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Disputes, Arbitration, Waiver of Trial by Jury, and Waiver of Class Action

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to the Application, these Terms of Use, any of Stroller Patrol’s policies, or the Website and/or Services, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration, except as provided herein, conducted in New York County, New York, unless both you and Stroller Patrol agree otherwise in writing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Stroller Patrol from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights. YOU AND STROLLER PATROL EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TEACHABLE AND ALL PARTIES TO ANY SUCH PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement; Severability of Provisions; No Waiver

These Terms of Use incorporate by reference our Privacy Policy, and any notices contained on the Website or in the Application, constitute the sole and entire agreement with respect to access to and use of the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver by Stroller Patrol of any provision hereof shall be valid unless in writing signed by an authorized representative of Stroller Patrol. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Changes to the Terms of Use

Be advised that Stroller Patrol may review and update these Terms of Use at any time in our sole discretion and it is each End User’s responsibility to keep abreast of those changes. All changes are effective immediately when posted. As such, your continued use of the Services after Stroller Patrol makes changes to these Terms of Use is deemed to be acceptance of those changes, so please check this page periodically for updates.

Stroller Patrol Acceptable Use Policy

All Stroller Patrol End Users are solely responsible for all information and content (“User Content”) they upload to Stroller Patrol’s Application and any group or message board moderated by Stroller Patrol (“Group”), including but not limited to the accuracy, reliability, integrity, quality, or validity of the User Content. Your use of the Application and participation in any Group, including your User Content, is subject to this Acceptable Use Policy.

You agree that you will not use the Application or participate in any Group in any manner, or provide any content or information, that:

infringes or misappropriates (or results in the infringement or misappropriation of) Stroller Patrol’s or any third party’s intellectual property, privacy, or other rights;
is illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or that you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
would cause Stroller Patrol to be in violation of any law, rule, or regulation;
Stroller Patrol determines to be offensive (including materials promoting or glorifying hate, violence, racism, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity);
disables, breaches, interferes with, or circumvents any aspect of the Application (including storage space limits and security or authentication measures);
is unlawful, invasive, obscene, indecent, abusive, fraudulent, defamatory, harassing, violent, hateful, inflammatory, threatening or otherwise objectionable;
accesses, tampers with, or uses non-public areas or parts of the Application, or shared areas of the Application that you have not been invited to;
distributes a computer virus, worm, Trojan horse, or other harmful or disruptive component;
interferes with or disrupts any user, host, or network (including overloading, flooding, spamming, or mail-bombing any part of the Application);
probes, tests, scans, or reverse-engineers the Application;
impersonates any person, or misrepresents your identity or affiliation with any person or organization;
involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
gives the impression that they emanate from or are endorsed by Stroller Patrol or any other person or entity, if this is not the case;
is pornography (including any obscene material, and anything depicting minors under the age of 18 (or other applicable age of majority) in sexually suggestive situations whether or not depicting actual minors or that may be harmful to a minor; or
encourages illegal activity or conduct that would be considered a criminal offense, give rise to civil liability, violate any law, rule, or regulation, or is otherwise inappropriate.

Stroller Patrol reserves the right to take appropriate action in response to violations of this policy, which could include removing or disabling access to User Content, suspending your access to the Application, removing you from the Group, or terminating your account on the Application.

Contact Us

If you have questions or concerns regarding these Terms of Use or the Services, you may contact us at [email protected].