Crush Connection
Mobile Application End User License Agreement
Last Updated: March 24, 2021
Effective Date: April 1, 2021
- Agreement Between You and JennEric Enterprises, LLC
This Mobile Application End User License Agreement (this “License Agreement”) is a binding agreement between JennEric Enterprises, LLC (“we,” “us,” “our,” “JennEric,” or “Licensor”), and you (“you,” “your,” “End User,” or “Licensee”). This License Agreement governs your use of the Crush Connection Application and includes all related services and documentation (collectively, the “Application”), which is made available through third-party application stores and our website, https://realcrushconnection.com/ (the “Site”), and is available for download, installation, and use on your mobile phone or tablet device (“Mobile Device”). For purposes of clarity, THIS APPLICATION IS LICENSED, NOT SOLD, TO YOU.
Read this License Agreement carefully before you begin using the Application. The terms contained herein apply to all End Users of the Application.
BY CLICKING THE “I AGREE” BUTTON, DOWNLOADING, INSTALLING, AND USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION. IF YOU HAVE ALREADY DOWNLOADED AND/OR INSTALLED THE APPLICATION, BUT YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, THEN YOU SHOULD DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
Note that this License Agreement may be updated from time to time and any User’s continued use of the Application after we have made updates to its terms shall be considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check this License Agreement periodically for updates.
- Access to and Use of this Application and the Services
When you request information on our Services, you may be required to provide your name, telephone number(s), and/or e-mail address as well as and other personally identifiable information (“Personal Information”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to use such information in accordance with our Privacy Policy. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Application.
- License Grant. Subject to the terms of this License Agreement, JennEric grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a single Mobile Device, strictly in accordance with the Application’s documentation. This License Agreement does not allow you to use the Application on any electronic device that is not owned or otherwise controlled by you. This License Agreement shall govern any upgrades provided by JennEric to the Application, unless otherwise specified by JennEric at the time the upgrade is made available to an End User.
- Reservation of Rights. You DO NOT acquire any ownership interest in the Application or any other rights thereto under this Agreement other than the right to use the Application in accordance with the limited license granted hereunder and subject to all terms, conditions, and restrictions under this License Agreement. Licensor reserves and shall retain its entire right, title, and interest in and to the Application, including all patent, copyright, trademark, trade secret, and other intellectual property rights therein or relating thereto, except as expressly granted to Licensee under these terms.
- End User Restrictions. The End User shall not:
- Download and/or install the Application onto any Mobile Device that is not owned or otherwise controlled by the End User;
- Copy the Application, except as expressly permitted by this License Agreement;
- Rent, lease, lend, sell, sublicense, assign, distribute, re-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, but not limited to, making the Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
- In any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
- In any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- In any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or
- USE THE APPLICATION IN, OR IN ASSOCIATION WITH, THE DESIGN, CONSTRUCTION, MAINTENANCE, OR OPERATION OF ANY HAZARDOUS ENVIRONMENTS OR SYSTEMS, INCLUDING ANY POWER GENERATION SYSTEMS; AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER TRANSPORT MANAGEMENT SYSTEMS; ANY SAFETY-CRITICAL APPLICATIONS, INCLUDING MEDICAL OR LIFE-SUPPORT SYSTEMS, VEHICLE OPERATION APPLICATIONS OR ANY POLICE, FIRE, OR OTHER SAFETY RESPONSE SYSTEMS; AND ANY MILITARY OR AEROSPACE APPLICATIONS, WEAPONS SYSTEMS, OR ENVIRONMENTS.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR APPLICATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Application. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS APPLICATION OR TO RETAIN THE CONTENT ON THIS APPLICATION UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
- User Feedback and Suggestions. All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to JennEric or otherwise disclosed, submitted, or offered concerning the Application in connection with your use of the Application (collectively, “Feedback”) will be JennEric’s property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to JennEric of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. JennEric will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.
- Cancellation, Termination, and Account Deletion. You may cancel your account at any time by emailing us at support@realcrushconnection.com. At cancellation, your account will be inactivated and you will no longer be able to log into your account. JennEric may terminate your password, account, or use of the Services at any time and for any reason, including without limitation, if you breach or otherwise fail to comply with this License Agreement or JennEric’s then-current payment or refund policies, if any and as applicable. In addition, JennEric may terminate your account at any time in its sole discretion.
- Updates and Outages. It may be necessary for JennEric to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Service. JennEric provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you. From time to time, in its sole discretion, JennEric may develop and make available software updates to the Application, which could include upgrades, bug fixes, patches, error corrections, new features, and/or modification or deletion of existing features and functionality (collectively, “Updates”). You acknowledge and agree that JennEric has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Updates shall be delivered to you based on the Mobile Device settings when the device is connected to the Internet by either: (a) an automatic Update initiated by the Application, which shall download and install any available Update; or (b) a notification Update in which the Licensee receives notice of the availability of an Update prior to choosing to download and install the Update accordingly. Your decision not to Update or your failure to promptly update the Application may result in the inability of Application, or portions thereof, to operate properly. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL UPDATES WILL BE DEEMED TO BE PART OF THE APPLICATION AND, AS SUCH, ALL UPDATES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
- Links to Third-Party Websites. This Application may contain links to other websites on the Internet, which are not maintained by us. When you leave this Application, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
- Reliance on Information Posted. We reserve the right to modify the Application in our sole discretion without notice. We will not be liable if, for any reason, any part of the Application or the entire Application is unavailable for any period of time. Periodically, we may restrict access to portions of the Application or the entire Application. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Application. The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Application materials by you or any other user of the Application, or by anyone who may be informed of any of its contents.
- Collection and Use of Your Information; Consent.
You acknowledge that when you choose to download, install, and subsequently use this Application, We will collect information about you and about your Mobile Device. We may use automatic means (for example, including phone number tracking, geolocation software, cookies, web beacons, and/or software command scripts) to collect information about your use of the Application. Additionally, you may be required to provide certain information as a condition to downloading, installing, or using the Application, and you may choose to periodically share additional information about yourself or your use of the Application through the Application itself.
YOU AGREE THAT JENNERIC MAY COLLECT AND USE TECHNICAL DATA AND RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO, INFORMATION ABOUT YOUR MOBILE DEVICE, SYSTEM, SOFTWARE, AND PERIPHERALS, AS IT IS GATHERED AUTOMATICALLY AND PERIODICALLY BY THE APPLICATION. We utilize this data to facilitate your use of the Application, as well as the provision of software updates, Application support, and other related services for the benefit of maintaining and operating the Application. You further agree that JennEric may collect and use information about you in accordance with the terms set forth in our Privacy Policy https://realcrushconnection.com/legal/privacy. For purposes of clarity, ANY AND ALL INFORMATION THAT WE COLLECT THROUGH OR IN CONNECTION WITH THIS APPLICATION IS SUBJECT TO OUR PRIVACY POLICY. 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 https://realcrushconnection.com/legal/privacy.
- Intellectual Property.
- JennEric Intellectual Property. The Application, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, JennEric owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Application database(s) as part of the Application. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Application content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Application without our prior, express, and written permission. You do not and will not acquire any intellectual property rights in the Application, including but not limited to the underlying Services and the content published herein, by your use of the Application. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Application and to download and print any content provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.
- End User Intellectual Property; Licenses. The Application gives End Users the ability to upload images, pictures, and other content or content (collectively, “End User Content”). By uploading, posting, or otherwise submitting End User Content, you hereby grant to JennEric a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the End User Content that you put into this Application. You also grant to JennEric and to other End Users a license to share, re-post, or otherwise distribute End User Content through the Application, including without limitation, through the social media sharing features on the Application. When you upload, post, or otherwise submit End User Content to the Application, you represent and warrant that (i) you have ownership, authority, or permission to submit such End User Content and to grant the licenses granted herein; (ii) you will not upload, post, or otherwise submit any End User Content that infringes the rights of any other party or is offensive, unlawful, or otherwise inappropriate; and (iii) the End User Content does not contain the image of yourself or another person. You agree that you will not upload, post, or otherwise submit any information or content, in any format, that would violate the foregoing representations and warranties. You further agree that you will indemnify, defend, and hold harmless JennEric, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any End User Content, including without limitation, any violation or alleged violation regarding and a third party’s proprietary or intellectual property rights or any rights respecting privacy or data.
- Copyright Complaints. End Users may not violate the intellectual property rights of others, including but not limited to, using the Application to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a user of this Application, we reserve the right to terminate or suspend any allegedly infringing use, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of this Application is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO JENNERIC, IMMEDIATELY, in accordance with our DMCA Policy, outlined here: https://realcrushconnection.com/legal/dmca
- Purchases and Refunds.
You acknowledge and agree that ALL SALES ARE FINAL, and JennEric is not required to provide a refund for in-app purchases for any reason, whether you made a payment through the Application or any other platforms where we offer our Application. You are responsible for all fees and taxes associated with your use of the Application. If you have any questions about purchases or refunds, please contact us at support@realcrushconnection.com.
- Geographic Restrictions.
JennEric is based in the United States and the Application is provided for access and use ONLY BY PERSONS LOCATED IN THE UNITED STATES. Anyone outside the United States may not be able to access certain features of the Application, and such access may not be legal by certain persons or in certain countries. If You access the Application from outside the United States, You are responsible for compliance with local laws. By using this Application, you represent and warrant that you are a lawful End User of this Application.
- Your Termination Requirements; JennEric’s Termination Rights.
The term of this License Agreement commences on the date you download the Application and continues until terminated. When this License Agreement is terminated, you agree that you shall delete the Application and all copies thereof from your Mobile Device. JennEric may terminate this License Agreement at any time without notice. In addition, this License Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this License Agreement. Upon termination: (i) all rights granted to you under this Agreement will also terminate and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device. TERMINATION WILL NOT LIMIT ANY OF JENNERIC’S RIGHTS OR REMEDIES AT LAW OR IN EQUITY.
- Disclaimer of Warranties.
THIS APPLICATION IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS AND DEFECTS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JENNERIC 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. JENNERIC MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED, OR IN CONNECTION WITH THE SERVICES OFFERED WITH THE APPLICATION. JENNERIC DOES NOT WARRANT THAT THE APPLICATION WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND LICENSEE RECOGNIZES THAT JENNERIC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE JENNERIC FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE APPLICATION. IN NO EVENT SHALL JENNERIC BE LIABLE FOR PERSONAL INJURY, DIRECT DAMAGES, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE, OR INABILITY TO USE, THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE), REGARDLESS IF JENNERIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JennEric and its affiliates, officers, directors, employees, agents, contractors, licensors, and any information providers, from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation of your breach of or default under the terms or conditions of this License Agreement, your use or misuse of the Application, or any negligence, gross negligence, or willful misconduct by or on behalf of you or your employees or agents.
- Export Regulation.
The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation (including but not limited to any U.S.-embargoed countries, to anyone on the U.S. Treasury Department’s Specially Designated Nationals List, or the U.S. Department of Commerce Denied Persons List or Entity List). You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.
- U.S. Government Rights.
The Application is commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Any User who is an agency of the U.S. Government, or any contractor therefor, shall receive only those rights with respect to the Application as are granted to all other End Users under this License Agreement, in accordance with (a) 48 C.F.R. §§ 227.7201 - 7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.
- Additional Terms for Users Who Download This Application through the Apple Store.
The following additional terms apply to you if you download this Application through the Apple Store:
- This License Agreement is applicable between JennEric and you, but not Apple, Inc. (“Apple”). JennEric, not Apple, offers the Application to you and Apple has no responsibility to you for any use of or information related to the Application and this License Agreement.
- Apple has no obligation to provide maintenance and support services with respect to the Application as used on your iPhone or iPod touch Mobile Devices.
- Should you have any claim, whether your own claim or whether a third-party claim has been filed against you relating to your use of the Application, Apple shall have no responsibility to you.
- Licensor and Licensee hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this License Agreement. Upon Licensee’s acceptance of these terms, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce this License Agreement against the Licensee.
- Miscellaneous.
- Severability. In the event that any provision of this License Agreement or the application of any provision of this agreement is held to be contrary to law by a tribunal or court of competent jurisdiction, the remaining provisions of this License Agreement shall continue in full force and effect and this License Agreement shall be interpreted as if such invalid provision was omitted.
- Governing Law. The construction, interpretation and performance of this Agreement shall be construed in accordance with and governed by the laws of the State Tennessee, and any dispute regarding this Agreement or arising hereunder shall be resolved in the state or federal courts located in Davidson County, Nashville, Tennessee.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM AN END USER MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION 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. This License Agreement, the associated Privacy Policy, as well as our Site’s Terms of Use, constitutes the entire Agreement between you and JennEric, relating to the subject matter hereof.
- Assignment. No End User may assign, transfer, or delegate any of its obligations under this Agreement without the prior written consent of JennEric. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void.
- Notices. Notices given to JennEric shall be sent to the attention of:
E-mail Address: support@realcrushconnection.com
Mailing Address: Attention: EULA Inquiry
JennEric Enterprises, LLC
STE 2700
511 Union St
Nashville, TN 37219-1791