Terms and Conditions
Last modified: November 16, 2022
Welcome to Cennec, where we help you connect, minus the dating! These Terms and Conditions (these “Terms”) apply to the use of this website (the “Website”) and the Cennec mobile application (the “Application,” together with the Website, the Documentation (as defined below) and the Software (as defined below), the “Services”) by customers (“User,” or “you”) from Connect App LLC, a Washington limited liability company (“Connect LLC,” “us,” or we”). These Terms shall become effective on the earlier of the date you first access or use the Services and the date set forth in the applicable order (the “Effective Date”). Connect LLC and User are sometimes referred to in these Terms collectively as “Parties” and individually as a “Party.” If the person accepting these Terms is doing so on behalf of a company or other legal entity, that person represents that he or she has the authority to bind the company or entity to these Terms. If you do not agree to these Terms, you are NOT authorized to use Services.
BY USING THE SERVICES, YOU AGREE TO PARTICIPATE IN ARBITRATION AND WAIVE YOUR RIGHT TO CLASS ACTION AS DESCRIBED IN SECTION 13 WITH RESPECT TO ANY DISPUTES OR CONFLICTS WITH CONNECT LLC.
You affirm that you are 18 or more years of age on the date, and at the location at which, you click on “I Agree,” and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
1. DEFINITIONS. The following terms shall have the following definitions:
“Administrator” means an individual to whom User has granted certain administrative control rights over User, including, but not limited to, the right to view content submitted by Users.
“Content” means any information that has been collected by the Services from any person at any time.
“Documentation” means any written or electronic user guides, instructions, help and training materials, technical materials, or other documentation Connect LLC provides regarding use of the Services.
“Force Majeure Event” means any act or event that (a) prevents a Party (the “Nonperforming Party”) from performing its obligations or satisfying a condition to the other Party’s (the “Performing Party”) obligations under these Terms, (b) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (c) the Nonperforming Party has not, through commercially reasonable efforts, been able to avoid or overcome. “Force Majeure Event” does not include economic hardship, changes in market conditions, or insufficiency of funds, but does include strikes, work stoppages, epidemics (but not financial hardship due to an epidemic), acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
“Intellectual Property Rights” means patent rights (including patent applications and disclosures), copyrights, moral rights, trademarks, service marks, trade secrets, rights in databases, know-how and any other intellectual property rights recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded.
“Software” means all computer software underlying the Services, including, without limitation, software (in object or source code form), programming code, scripts, and HTML code contained in the Services.
“Services” means Connect LLC’s business services including, but not limited to, the Cennec service and all features relating to such service. Without limiting the foregoing, Services includes the Software and Documentation.
2. SERVICES & USE.
2.1 Services. Subject to these Terms, and in consideration of the fees relating to User’s use of the Services, Connect LLC will use commercially reasonable efforts to make the Services available to User. Connect LLC hereby grants User a revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services pursuant to these Terms and in accordance with the Documentation. All rights in and to the Services not expressly granted herein are reserved to Connect LLC.
2.2 Use Restrictions. You agree that you are responsible for your own conduct and User content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- collect, store or share any personally identifiable information of other users from the Services without their express permission;
- extract, scrape, or index the Services or Content (including information about users);
- use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms;
- attempt to access or search the Services or Content or download Content from the Services through the use of any technology such as, but not limited to, generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind), other than those provided by Connect LLC;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the Software used to provide the Services or Content;
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Connect LLC or any of Connect LLC’s providers or any other third party (including another user) to protect the Services or Content;
- use, display, mirror, or frame the Services or any individual element within the Services, Connect LLC’s name, any Connect LLC trademark, logo, or other proprietary information, or the layout and design of the Services without Connect LLC’s express written consent;
- post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- access, tamper with, or use nonpublic areas of the Services, Connect LLC’s computer systems, or the technical delivery systems of Connect LLC’s providers;
- attempt to probe, scan, or test the vulnerability of any Connect LLC system or network or Services, or breach any security or authentication measures;
- use any meta tags or other hidden text or metadata utilizing a Connect LLC trademark, logo, URL, or product name without Connect LLC’s express written consent;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although Connect LLC is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Connect LLC may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SERVICE, IS A BREACH OF CONNECT LLC’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
2.3 Login Credentials. Each set of login credentials for the Services may be used only by a single, individual User. User agrees to promptly notify Connect LLC of any unauthorized access or use of which User becomes aware. User will be responsible for all use and misuse of the Services that occurs under any User’s login credentials, and for any breach of these Terms by any Users.
2.5 Termination. Connect LLC retains the right to terminate your account, and any related service to you under its Services, if you are found in violation of these Terms or any other Connect LLC policy. Connect LLC may, under its sole discretion, delete, pause, or otherwise terminate your access to the Website and its Services for any reason and with or without notice.
3. USER CONTENT; PRIVACY POLICY.
3.1 Responsibility for User’s Content and personal information. To the full extent legally permissible, User is solely responsible for all User Content and personal information, including, without limitation, the accuracy, quality, integrity, reliability, appropriateness, and legality of the User Content and information. Certain types of information within the content may be subject to specific regulations (e.g., regulations regarding personally identifiable information, protected health information, etc.). User, not Connect LLC, is responsible for compliance with all such regulations unless such compliance is specifically attributable under law to companies providing services equivalent to the Services. Without limiting the foregoing, User represents and warrants that, if applicable, User will provide any required notice to, and obtain any required consent from, individuals, including Users, related to the collection, use, or viewing of User’s content and personal information.
3.2 Connect LLC’s use of User’s Content and personal information. Unless it receives User’s prior written consent, Connect LLC: (a) will not access, process, or otherwise use individual User content other than as necessary to facilitate the Services or anonymized in aggregate form; and (b) will not intentionally grant to any third-party access to such content except as may disclosed in our Privacy Policy[HL1] . Notwithstanding the foregoing, Connect LLC may disclose this content as required by applicable law or by proper legal or governmental authority. Connect LLC will give User prompt notice of any such legal or governmental demand and reasonably cooperate with User in any effort to seek a protective order or otherwise to contest such required disclosure, at User’s expense.
3.3 Further Compliance. In using Connect LLC’s Services, Application services, Website or other services, User may be engaged with third parties. User hereby consents and expressly agrees to be bound by any and all privacy policies and terms of use/service implemented by any such third party. Furthermore, User shall comply with all such policies and terms, as well as all other local, state, and federal laws in accordance with these Terms.
3.4 Privacy Policy. User’s privacy and security of their personal information is important to Connect LLC. We have provided details of our use of your personal information, our obligations with respect to that information, and your related rights in our Privacy Policy[HL2] , which is incorporated into these Terms by this reference.
4. SAFETY AND GUIDELINES.
5.1 Safety. You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer care representatives or other employees. Though Connect LLC strives to encourage a respectful member experience, Connect LLC is not responsible for the conduct of any member on or off of the Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Services or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CONNECT LLC DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CONNECT LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS. CONNECT LLC RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE CONNECT LLC TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY CONTENT YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
5.2 Guidelines. You agree not to engage in any of the following conduct both while using the Services and while engaging in activities with any nexus to the Services:
- Use the Services for any purpose that is illegal or prohibited by this Agreement.
- Use the Services for any harmful or nefarious purpose.
- Use of the Services in order to damage Connect LLC.
- Spam or solicitation of money or other items of value from another User, whether as a gift, loan, or other form of compensation, or otherwise defraud any User.
- Impersonate any person or entity or port any images of another person without his or her permission.
- Bully, “stalk”, intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.
- Post any content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- Post any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Solicitation of passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission.
- Use of another User’s account, share an account with another User, or maintain more than one account.
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
- Create another account if we have already terminated your account unless you have our permission.
6. DATES TO SERVICES; SUPPORT.
6.2 Error Correction. Connect LLC shall use commercially reasonable efforts to correct all Errors or to provide a reasonable workaround as soon as is possible using its reasonable efforts during Connect LLC’s normal business hours. User shall provide such access, information, and support as Connect LLC may reasonably require in the process of resolving any error. This paragraph is User’s sole and exclusive remedy for Errors. “Error” as used in this Section means any reproducible material failure of the Services to function in accordance with the Documentation.
6.3 Support Exclusions. Connect LLC has no obligation to correct any Errors or provide any other support to the extent such Errors or need for support was created in whole or in part by: (a) the acts, omissions, negligence or willful misconduct of User, including any unauthorized modifications of the Services or its operating environment; (b) any failure or defect of User’s or a third party’s equipment, software, facilities, third-party applications, or internet connectivity; (c) User’s use of the Services other than in accordance with applicable Documentation provided to User; or (d) a Force Majeure Event.
7. OWNERSHIP.
7.1 Services Ownership. User acknowledges that access to and use of the Services is licensed and not sold. Connect LLC, or its licensors, shall retain sole and exclusive ownership and all rights, title and interest in, including Intellectual Property Rights embodied or associated with, the Services, the Application, or the Website and any modifications or derivative works thereto. Without limiting the foregoing, the Application, Website, Services, Software, Documentation and all information and screens appearing on the Application or the Website (excluding the User content that is not aggregated and anonymized), including without limitation documents, site design, text, graphics, logos, images and icons, as well as the compilation and arrangement thereof, are the sole property of Connect LLC or its licensors, and are protected by copyright, work product and trademark laws. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of Connect LLC and/or its licensors. User agrees that Connect LLC will have a perpetual right to use in any manner all suggestions, enhancement requests, feedback, and recommendations provided by Users relating to the Services (collectively, “Feedback”) without any obligation of compensation.
8. FEES; TAXES; PAYMENT.
8.1 Fees. Connect LLC may offer products and services for purchase on the Application or the Website (an “In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. We may make In-App Purchases available through the following payment methods (“Payment Method”): making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”). Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
8.2 Subscriptions and Auto-Renewal. Connect LLC may offer some services as automatically renewing subscriptions, e.g., a one-week subscription, one-month subscription, or one-year subscription, (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE RELEVANT PERIOD, UNLESS YOU CANCEL, AT CONNECT LLC’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of any changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Connect LLC changes these prices and you do not cancel your subscription, you agree that you will be charged at Connect LLC’s then-current pricing for subscription.
8.3. Cancelling Subscriptions[HL3] . If you purchased a subscription through the Apple App Store or the Google Play Store (a “Third Party Store”), you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires, and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
8.4 Payment Terms. User agrees to promptly update its method of payment with the Third Party Store in the event of any changes to its billing information. If User uses a credit card to make payments due under these Terms, User authorizes Connect LLC to automatically charge such credit card, via the Third Party Store and in accordance with its terms and conditions, on a recurring basis during the Term for all applicable fees and taxes.
8.5 Taxes. User shall pay for all sales taxes, duties, and other taxes, however characterized by the taxing authority, based upon the subscription fees or other charges under these Terms or otherwise incurred on account of User’s use of the Services, as required by the Third Party Store.
8.6 Refunds. Except as expressly set forth in these Terms, Connect LLC does not issue refunds for Services not used in the event of cancellation or discontinued use of the Services. If User terminates its subscription to the Application due to Connect LLC’s uncured breach, User will be entitled to a prorated refund of any prepaid, unused fees for the Services.
8.7 Payment Disputes. User must notify Connect LLC in writing of any disputes regarding invoiced or charged amounts within fifteen (15) days after User’s receipt of the applicable invoice or credit card charge. User’s Notice must include an explanation detailing the basis of User’s dispute of the invoiced or charged amount. The Parties will seek to resolve any properly disputed amount only as permitted by these Terms. If only a portion of an invoice or charge is disputed, User will pay the non-disputed portion as required hereunder. Connect LLC may suspend access to the Services if User improperly or unreasonably disputes or fails to pay amounts owed when due. If the Parties are unable to come to an agreement with respect to disputed amounts, either Party may seek appropriate legal or equitable remedies, all of which are reserved.
9. REPRESENTATIONS AND WARRANTIES; DISCLAIMER.
9.1 Connect LLC’s General Representation and Warranty. Connect LLC represents and warrants that: (a) it is a corporation authorized to do business pursuant to applicable law; and (b) it has the full right and authority to enter into, execute, and perform its obligations under these Terms; and (c) it will comply with all laws, treaties and regulations applicable to its provision of the Services.
9.2 Connect LLC’s Limited Warranty for Services. If User has paid fees under these Terms for the Services, Connect LLC represents and warrants that the Services will operate substantially as described in the Documentation, but provides no representation or warranty with respect to a User’s rate of success in connecting with other Users. User must notify Connect LLC in writing of any alleged failure by Connect LLC to comply with this warranty within thirty (30) days of such failure. Upon receipt of such notice and determination by Connect LLC that it is valid, Connect LLC will either: (a) use commercially reasonable efforts to cure or correct the failure, or (b) terminate the applicable subscription and issue a prorated refund for the terminated portion of the Services. This Section 9.2 sets forth User’s exclusive rights and remedies and Connect LLC’s sole liability for breach of the limited warranty for Services specified herein.
9.3 User Representations and Warranties. User represents and warrants that: (a) it is an individual authorized to partake in the Services pursuant to applicable law; (b) it has the full right and authority to enter into, execute, and perform its obligations under these Terms; (c) it has all rights, permissions, and consents necessary (i) to submit all necessary User content and personal information to the Services, (ii) to grant Connect LLC the limited rights to process User content and personal information as set forth in these Terms, and (iii) for any transfer or disclosure of User content and personal information among or by Users; and (d) he or she will comply with all laws and regulations applicable to its use of the Services.
9.4 WARRANTY DISCLAIMER. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE IN THIS SECTION 9, CONNECT LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, THE APPLICATION, THE WEBSITE OR ANY INFORMATION OR MATERIALS RELATED THERETO OR MADE AVAILABLE THEREFROM, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONNECT LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE OR APPLICATION OR WEBSITE WILL PERFORM WITHOUT INTERRUPTION, DOWNTIME, OR ERROR; (B) THE SERVICE OR APPLICATION OR WEBSITE ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER CONTENT WILL REMAIN PRIVATE OR SECURE.
10. INDEMNIFICATION.
10.1 Indemnification by User. User shall defend, at its expense, Connect LLC and its officers, directors, employees, and agents (“Connect LLC Indemnified Parties”) from and against any claims, demands, proceedings, investigations, or suits brought by a third party arising out of: (a) the User’s noncompliance of these Terms; or (b) User’s use of the Application or the Website in violation of these Terms or applicable law. User shall indemnify and hold harmless Connect LLC Indemnified Parties from and against any damages, reasonable attorney’s fees, and costs arising out of or resulting from a claim that User is obligated to defend pursuant to this Section 10.1 and finally awarded against Connect LLC or agreed to be paid by Connect LLC in a written settlement approved by User in writing.
10.2 Conditions on Indemnification. The indemnifying Party’s obligations under this Section 10 are contingent on Connect LLC: (a) promptly providing written Notice of the claim to the indemnifying Party (provided that the failure of a Party entitled to indemnification hereunder to give Notice as provided herein shall not relieve the indemnifying Party of its obligations under this Section 10 except to the extent that the indemnifying Party is actually prejudiced by such failure to give Notice); (b) giving the indemnifying Party control of the defense and settlement of the claim (provided that any settlement unconditionally releases Connect LLC of all liability and does not make any admissions on behalf of Connect LLC or include payment of any amounts by any Connect LLC Indemnified Party); and (c) providing the indemnifying Party, at the indemnifying Party’s expense, all reasonable assistance in connection with such claim. Connect LLC may participate in the defense of the claim at its sole cost and expense.
11. LIMITATIONS OF LIABILITY.
11.1 EXCLUSION OF CONSEQUENTIAL DAMAGES. IN NO EVENT WILL CONNECT LLC HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF CONNECT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF CONNECT LLC’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.
11.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONNECT LLC ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY USER HEREUNDER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT FROM WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT USER’S PAYMENT OBLIGATIONS AS SET FORTH HEREIN.
11.2.1 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
11.2.2 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES REPRESENTS AN AGREED UPON ALLOCATION OF THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THE FEES FOR THE SERVICE REFLECT THIS ALLOCATION OF RISK.
12. DMCA POLICY
12.1 Compliance with DMCA. Connect LLC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Connect LLC will respond expeditiously to claims of copyright infringement committed using the Application, the Website or the Services if such claims are reported to Connect LLC’s Designated Copyright Agent identified in the sample notice below.
12.2 Infringement Policy. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Connect LLC’s Designated Copyright Agent. Upon receipt of DMCA Notice as described below, Connect LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.
12.3 DMCA Notice of Alleged Infringement. (“DMCA Notice”) We reserve the right to not act upon any notice that does not comply with the requirements listed below. In order to be actionable, any DMCA Notice must:
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this DMCA Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this notice, with all items completed, to Connect LLC’s Designated Copyright Agent: hello@cennec.com AND mailing address]
13. DISPUTE RESOLUTION
13.1 U.S. Dispute Resolution. You and Connect LLC agree that any dispute, claim or controversy arising out of or relating in any way to Connect LLC, these Terms and this agreement to arbitrate, will be determined by binding arbitration or in small claims court in the United States. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Connect LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of these Terms and the termination of your Connect LLC account.
13.2 Procedure on Dispute. If you elect to seek arbitration or file a small claim court action, you must first send to Connect LLC, by certified mail, a written Notice of your claim (“Notice”). The Notice to Connect LLC must be addressed to: Connect LLC, 1219 6th Ave N, Apt 101, Seattle, Washington 98109-3429, USA (“Connect Notice Address”). If Connect LLC initiates arbitration, it will send a written Notice to the email address used for your account “User Notice Address” and together with Connect Notice Address, a “Notice Address”). A Notice, whether sent by you or by Connect LLC, must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If Connect LLC and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Connect LLC may commence an arbitration proceeding or file a claim in small claims court.
13.3 Governing Rules. The arbitration will be governed by the Commercial Arbitration Rules (AAA Rules) of the American Arbitration Association (AAA), as modified by these Terms, and will be administered by the AAA. Unless Connect LLC and you agree otherwise, any arbitration hearings will take place in King County in the state of Washington, U.S.A. The arbitrator’s award will be final and binding on all parties, except: (1) for judicial review expressly permitted by law; or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules. THIS PROVISION DOES NOT APPLY TO INJUNCIVE RELIEF SOUGHT BY CONNECT LLC.
13.4. YOU AND CONNECT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Connect LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
14. GENERAL.
14.1 Force Majeure Event. Neither Party shall be liable to the other Party for failure or delay in performing its obligations under these Terms when such failure or delay is due to a Force Majeure Event, provided that the Nonperforming Party shall give prompt written notice thereof to the Performing Party and shall use commercially reasonable efforts to resume performance as quickly as possible.
14.2 Assignment. Except as expressly set forth herein, neither Party will assign, transfer or delegate its rights or obligations under these Terms (in whole or in part) without the other Party’s prior written consent. Notwithstanding the foregoing, Connect LLC may assign these Terms or any subscription or other agreement between the Parties in whole to an affiliate or pursuant to a transfer of all or substantially all of such Connect LLC’s business and assets, whether by merger, sale of assets, sale of stock, or otherwise. Any attempted assignment, transfer or delegation in violation of the foregoing shall be null and void.
14.3 Third Parties. Connect LLC may provide references, frames or hyperlinks to internet web sites maintained by third parties. Connect LLC does not warrant that it has reviewed such third-party websites and makes no claims, representations or warranties regarding such third-party websites or the contents of the same. Connect LLC is not responsible for, nor does it endorse or recommend, any products or services provided by such third parties through such third-party websites or by any other means.
14.4 U.S. Government Restricted Rights; Export. Any software provided hereunder is a “commercial item,” as defined at 48 C.F.R. § 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. § 12.212 (SEPT 1995). Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4 (JUNE 1995), such software is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. If User exports any of the software, it must comply fully with all relevant export laws and regulations to ensure that the software is not exported, directly or indirectly, in violation of applicable export control laws. User shall not knowingly, directly or indirectly, without prior written consent, general or specific license, if required, of the Office of Export Administration of the U.S. Department of Commerce, export or transmit any of the software to any country to which such transmission is restricted by applicable regulations or statutes.
14.5 Notices. Any Notice required or permitted by these Terms shall be delivered in accordance with the requirements for Notice set forth in Section 13.2 (Procedure on Dispute).
14.6 Relationship; Third Party Beneficiaries. These Terms do not create any partnership, franchise, joint venture, agency, or fiduciary or employment relationship. Neither Party may bind the other Party or act in a manner which expresses or implies a relationship other than that of independent contractor.
14.7 Invalidity; Non-Waiver. If any term of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
14.8 Governing Law; Dispute Resolution. These Terms shall be governed by and construed under the laws of the State of Washington without regard to its conflicts of laws. Any controversy, dispute or claim arising out of or in connection with these Terms is subject to the dispute resolution process detailed in Section 13.
14.9 Conflict. In the event of a conflict between the terms and conditions of these Terms and those of any subsequent agreement between the Parties, the terms and conditions of these Terms will control, unless specifically stated otherwise in the subsequent agreement.
14.10 Changes to These Terms. We have the sole discretion to change, modify, add, or remove portions of these Terms from time to time. Our collection, use and disclosure of your information will be governed by the version of the Terms in effect at the time of such collection, use or disclosure. If we materially change these Terms, we will notify you through the Application, on our Website or by email, and you will be required to read and accept the new Terms to continue to use the Services.[HL4] If you do not agree to the modified Terms, you must stop using our Services. 14.11 Entire Agreement. These Terms constitute the entire agreement between Connect LLC and User regarding User’s use of the Services, including the Application and Website, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
[HL1]SW: Please create hyperlink.
[HL2]SW: Please create hyperlink.
[HL3]Please review and make sure this conforms to what you would do when you start charging for the app. (Can also amend later when you start charging if you want to change these terms.)
[HL4]We are recommending a new click to accept requirement following any changes.
