Stroller Patrol Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Terms of Use”) is a binding agreement between you (“End User” or “you”) and Stroller Patrol (“Stroller Patrol”). This Agreement governs your use of the Stroller Patrol Application on your mobile device (the “Application”). The Application is licensed, not sold, to you.

BY DOWNLOADING THE APPLICATION, 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 (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

License Grant

Subject to the terms and conditions of these Terms of Use, 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 and (b) access, stream, download, and use on such Mobile Device any features, functionality, and content made available in or otherwise accessible through the Application 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 Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (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 Application, 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 Application; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, 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.

Reservation of Rights

You acknowledge and agree that the Application is provided to Users under license, and is not sold to you. You do not acquire any ownership interest in the Application under these Terms of Use, 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 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 Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

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 this Application is subject to our Privacy Policy, which is expressly integrated into these Terms of Use. 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 Privacy Policy.

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 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.

Updates

Stroller Patrol may, from time to time and in its sole discretion, develop and provide Application updates, which may include upgrades, 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 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 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, including minor children under the age of 18, 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.

Errors and Corrections

Stroller Patrol does not represent or warrant that the Application will be error-free or otherwise reliable, free of viruses, or other harmful components, or that defects will be corrected or that they will always be accessible. Stroller Patrol may make improvements and/or changes to the Application and its features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur.

Assumption of Risk

You are solely responsible for ensuring that your use of the Application complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property 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

THE APPLICATION IS PROVIDED TO LICENSEE “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 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 USERS’ 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.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO ANY USER’S USE OF OR INABILITY TO USE THE APPLICATION FOR 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, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS ON LIABILITY SHALL 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.

Indemnification

You agree to indemnify, defend, and hold harmless Stroller Patrol and its officers, directors/managers, employees, agents, affiliates, 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 Application or your breach of these Terms of Use, including, but not limited, to the content you submit or make available through this Application.

Term and Termination

These Terms of Use become effective and binding on you 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. 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 Application, 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, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to End Users, End User accounts, email addresses, usage history, posted materials, IP addresses, and web traffic information. 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 Application 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 Application, 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 Application for such notices. Subject to Stroller Patrol’s Privacy Policy, if you send to Stroller Patrol or post on the Application 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

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 action arising out of or relating to these Terms of Use 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 and Arbitration

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Use, any of Stroller Patrol’s policies, or the Sites 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 you and Stroller Patrol agree otherwise. 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.

Privacy

Your use of the Application is subject to our Privacy Policy.

Entire Agreement; Severability of Provisions; No Waiver

These Terms of Use incorporate by reference any notices contained on the Sites, including within our Privacy Policy, and constitute the entire agreement with respect to access to and use of the Application. 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 of any provision hereof shall be valid unless in writing signed by the parties. 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 Sites 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.

Contact Us

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