THE LANCE AND AILEEN PORTER FOUNDATION
CONNECT614 USER AGREEMENT
- Terms and Conditions
This User Agreement (“the Agreement”) contains the terms and conditions (“Terms”) governing your download of, access to, and use of the mobile application referred to as “Connect614”, any of its platform services and functionalities, the website located at www.connect614.app (collectively, the “Connect614 Platform”), operated by The Lance and Aileen Porter Foundation (“LAPF”), and to any information, text, links, graphics, photos, videos or other materials or arrangements of materials uploaded, downloaded or appearing on the Connect614 Platform (collectively, “Content”).
By using the Connect614 Platform you agree to be bound by these Terms, as they may be amended from time to time (included in the definition of “Terms”). If you do not agree to be bound by these Terms, then please do not download, access, or otherwise use the Connect614 Platform.
- Connect614 Account
When you download Connect614, you are prompted to create an account (“Account”). You agree that you will not provide any false information, or create an account for anyone other than yourself without their permission. You will also not create more than a reasonable number of accounts, and if you select a username for your Account, we reserve the right to remove or reclaim it if we believe in our sole discretion that it is necessary and appropriate (e.g., if a trademark owner complains about a username).
If you provide a password for your Account, you are responsible for maintaining the confidentially of your password, if any, and for restricting access to your computer and/or device so that others cannot access any password-protected portion of the Connect614 Platform. You accept responsibility for all activities that occur under your account or password, if any, you agree that you will not sell, transfer, or assign your Account or any passwords used on the Connect614Platform.
We may, in our sole discretion, and at any time, with or without notice and without any liability to you, disable, terminate or suspend your Account, for any reason or no reason at all. If we disable, terminate or suspend your Account, you agree that you will not create another Account without our express written permission.
The Connect614 Platform, including the software and content but excluding the “User Content”, is owned by us and/or are license awards and is protected by relevant copyright and trademark law. You agree to comply with copyright and trademark law and refrain from any unauthorized use and infringement.
Except as expressly permitted herein, or as we and/or our licensors may otherwise permit in writing, you will not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part to the Connect614 Platform or its Content. Nothing contained in these Terms should be construed as granting you any license or right to use the Connect614 Platform or Content in any manner not specifically mentioned in these Terms. All right, title and interest in and to the Connect614 Platform and its Content (excluding User Content) are and will remain our exclusive property (or that of our licensors (as applicable)).
Any feedback, comments or suggestions you may provide regarding the Connect614 Platform are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Provided that you are fully compliance with these Terms, you have a personal, revocable, non-exclusive non-transferable, non-assignable limited right and license to use the Connect614 Platform for your personal use only and in accordance with these Terms. You shall not, or permit any other person to, interfere or attempt to interfere with the operation or use of the Connect614 Platform by other users in any way or through any means or device.
We reserve the right, in our sole discretion, temporarily or permanently, to change, modify, update, discontinue, suspend, remove, revise, delete or otherwise alter any part of the Connect614 Platform in whole or in part, at any time, with or without notice. We may also remove or refuse to distribute any Content on the Connect614 Platform.
We will try to notify you of material changes to the Connect614 Platform or these Terms by placing a notice on the Connect614 Platform or in any other form we deem suitable. By continuing to access or use the Connect614 Platform after any revisions or changes to these Terms become effective, you agree to be bound by the revised Terms.
- User Content
You are responsible for your use of the Connect614 Platform and for any content you provide, post or upload to the Connect614 Platform, including without limitation, any text, comments, postings, or any other materials created by you (collectively, “User Content”). You should only provide User Content that you are comfortable publicly sharing with others on the Connect614 Platform. You retain the rights to, and own any User Content you submit, post, or display on or through the Connect614 Platform.
By submitting User Content to us, you confirm that you have all the rights, power, and authority necessary to grant the rights granted herein to such User Content. You acknowledge and agree that we are not obligated to use any User Content, or to acknowledge or return any User Content you provide to the Connect614 Platform.
By submitting, posting or displaying User Content on or through the Connect614 Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed), whether on the Connect614Platform or on third party websites or applications. This license authorizes us to make your User Content available to any third party as we see fit and to let others do the same.
You agree that this license includes the right for us to provide, promote, and improve the Connect614 Platform and to make User Content submitted to or through the Connect614 Platform available to other companies, organizations or individuals for the embedding, syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Connect614 Platform.
We do our best to monitor the User Content posted via the Connect614 Platform to ensure the Connect614 Platform is a safe environment for all its users and is in compliance with all applicable laws and regulations. Any use or reliance on any User Content or materials posted via the Connect614 Platform or obtained by you through the Connect614 platform is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or materials posted via the Connect614 Platform or endorse any opinions expressed by the Connect614 platform. We do not ultimately control User Content and so cannot take responsibility for it. You understand that by using the Connect614 Platform you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or, in some cases, postings that have been mislabeled or are otherwise deceptive. All User Content is the sole responsibility or the person who originated the User Content.
- User Disputes
You are solely responsible for your interactions with other Connect614 users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
- Limitations of Liability
YOU AGREE THAT THE LANCE AND AILEEN PORTER FOUNDATION, THE OHIO SICKLE CELL AND HEALTH ASSOCIATION, AND EACH OF OUR RESPECTIVE PARENT ENTITIES, RELATED ENTITIES, AFFILIATES, SUBSIDIARIES, FUNDERS, LICENSORS AND ASSIGNS, AND EACH OF THE RESPECTIVE BOARD MEMBERS, DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, FUNDERS, OR PERSONS ACTING IN SIMILAR CAPACITIES WITH RESPECT TO ANY OF THE FOREGOING (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE CONNECT614 PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY PARTY ON THE CONNECT614 PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE CONNECT614 PLATFORM;(D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT; OR (E) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE CONNECT614 PLATFORM, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE CONNECT614 PLATFORM.
IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER EXCEED $10 USD (TEN DOLLARS USD). THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You may end this Agreement at any time by discontinuing use of the Connect614 Platform. LAPF may suspend or terminate access to or cease providing you with all or part of the Connect614 Platform at any time for any or no reason, with or without notice, without any liability to you. including, but not limited to, if we reasonably believe: i) you have violated these terms ii) you create a risk or possible legal exposure for us; or iii) our provision of the Connect614 Platform is no longer commercially viable; or iv) we cease supplying Connect614 without a replacement successor.
The Connect614 Platform may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons outside our control. We assume no responsibility and cannot be liable for any delays, interruptions, errors, defects, omissions, or deletions, related to or arising from the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to user communications, any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software.
THE CONNECT614 PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LANCE AND AILEEN PORTER FOUNDATION, THE OHIO SICKLE CELL AND HEALTH ASSOCIATION, AND EACH OF OUR RESPECTIVE PARENT ENTITIES, RELATED ENTITIES, AFFILIATES, SUBSIDIARIES, FUNDERS, LICENSORS AND ASSIGNS, AND EACH OF THE RESPECTIVE BOARD MEMBERS, DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, FUNDERS, OR PERSONS ACTING IN SIMILAR CAPACITIES WITH RESPECT TO ANY OF THE FOREGOING (COLLECTIVELY, THE “RELEASED PARTIES”) AND OTHER RELEASED PARTIES DISCLAIM ALL RESPONSIBILITY FOR: (A) THE CONNECT614 PLATFORM’S PERFORMANCE OR AVAILABILITY AND DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE CORRECTION OF ALL DEFECTS; (C) THE CONNECT614 PLATFORM BEING FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE CONNECT614 PLATFORM AND/OR ITS CONTENT NOT VIOLATING ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY; OR (E) THE USE OR THE RESULTS OF THE USE OF THE CONNECT614 PLATFORM OR ITS CONTENT ACHIEVING A PARTICULAR PURPOSE OR THE CONNECT614 PLATFORM BEING CORRECT, ACCURATE, RELIABLE, SECURE, OR OTHERWISE MEETING YOUR REQUIREMENTS.
- Governing Law, Forum, and Jury Trial Waiver
This Agreement shall be governed in accordance with the law of the State of Ohio and the law of the United States applicable therein.
Any action to enforce or for breach of this Agreement shall be brought exclusively in the state or federal courts in the City of Columbus, Ohio.
EACH PARTY HEREBY WAIVES ITS RESPECTIVE RIGHTS, IF ANY, TO A JURY TRIAL OF ANY CLAIM, CONTROVERSY, OR CAUSE OF ACTION BASED ON OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY REPRESENTS THAT IT HAS REVIEWED THIS WAIVER AND EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.