Privacy Policy

Effective date: January 1, 2023

This Privacy Policy (the “Policy”) explains how Sentry Management Solutions, Inc. (“us,” “our,” or “we”) collects, uses, and discloses personal information that we collect through our website www.sentryms.com (the “Website”).

Information We Collect About You

When you use or access the Website, we may collect personal information, such as the following:

Contact information, such as your name, email address, or phone number.
Professional and employment-related information, such as your resume, cover letter, and any other information you choose to provide in your employment inquiries or applications.
Any other information you submit when you contact us through the Website, including any information you provide in a submission through our “Message Us” form or newsletter sign-up forms.

We also may collect certain other information automatically when you visit the Website, such as the following:

Browser and Device Information. Certain information may be automatically collected by most browsers or devices, such as information about user devices (such as IP addresses and MAC addresses), operating systems, and browsers.
Information Stored in Cookies. The Website may also use available web-based technologies to collect consumer data, such as cookies or web beacons. Cookies are pieces of information stored directly on users’ computers or devices. Cookies allow us to collect information such as browser type, time spent on the online services, pages visited, referring URL, and other traffic and usage data. We may also use cookies for purposes such as determining what features interest our users, revising our site features or operations, and as further described below. For more information, see the “Your Choices” section below.
Pixel Tags and Log Files. The Website may also use other tracking systems such as log files and pixel tags. For example, pixel tags, sometimes called web beacons, are similar in function to a cookie and can tell us certain information like what content has been viewed.
Information Collected in Connection with Analytics Technology: We may use various technologies to learn more about how visitors use the Website, such as Google Analytics. Google Analytics uses cookies to help us analyze how visitors use the Website. The information generated by the cookies about your use of the Website includes your IP address. If you choose so, you may be able to opt out by turning off cookies in the preferences settings in your browser. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: www.google.com/policies/privacy/partners/. We may also use other technologies to monitor your activities on our Website.

We may use information we collect automatically through the to help recognize your browser or device, maintain your preferences, provide certain features, and collect information about interactions with our content and our communications. We may also use cookies and other technologies (i) to provide, develop, maintain, personalize, protect, and improve the Website and operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of the Website and marketing materials, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, (v) to synchronize users across devices, affiliates, business partners, and select third parties, and (vi) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services.

How We Use Your Information

We may use personal information that we collect for purposes that include the following:

Providing the Website and our services to you and others, including our business customers.
Operating, evaluating, debugging, identifying and repairing errors, effectuating similar functional enhancements ,and improving our Website or other services.
Understanding how you and our business customers use our Website and to determine what features and services may interest you and our business customers.
To communicate with you and others, including responding to your requests and providing promotional information.
For our recruitment and hiring purposes, including evaluating and processing your employment application.
Storing information about your preferences, recognizing you when you use the Website, and customizing your experience.
To create aggregate or de-identified data.
For legal and safety purposes, such as maintaining the safety, security, and integrity of our Website, other technology assets, services, and our organization; preserving or enforcing our legal rights and property; protecting our users, our employees, and others; and complying with applicable law, other legal requirements, and industry standards.
To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
To debug, identify and repair errors, or effectuate similar functional enhancements in connection with our Website or other services.
Enforcing our policies, terms of use, contracts, or other legal rights.
To evaluate or participate in an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
For such other purposes as you may authorize.

Disclosure of Your Information

We may disclose personal information we collect about you:

To our business customers, such as individual requests (discussed below) which they may need to address for you.
To our business partners, such as organizations that support services we analyze for our business customers.
To our contractors, service providers, and other third parties we use to support our organization, which may include support of any of the data uses described above.
To comply with applicable law, other legal requirements, and industry standards.
To enforce our policies, terms of use, contracts, or other legal rights.
To investigate or prevent unlawful activities or misuse of the Website.
To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
To debug, identify and repair errors, or effectuate similar functional enhancements in connection with our Website or other services.
To protect the legal rights, property, safety, and security of us, our users, our employees, and others.
To an actual or potential buyer, successor, or other organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
To such other parties as you may authorize.

Your Rights and Choices

Some privacy laws, such as those in the European Union and California, may provide you with specific rights with regard to your personal information. The nature of the services we provide our business customers may cause us to receive, collect, use, disclose, or process personal information on behalf of and at the direction of those business customers. That information is not collected through this Website, and therefore is not subject to this Privacy Policy. However, it may be subject to our customers’ privacy policies and the laws mentioned above.
If you would like to request access to or amendment or deletion of your personal information, please contact us as described below. You should identify yourself and make a specific request. If the information we process about you is undertaken on behalf of our business customers or their business partner, then we may redirect you to those parties or seek their direction to fulfill your request.
You also may choose not to provide the personal information we request through this Website. However, not providing information we request may restrict your ability to use certain features of the Website. For example, you may be able to restrict the collection of personal information or functionality through your device's operating system or by disabling cookies, but doing so may prevent you from using the functionality of the Website. Some Internet browsers have a “do-not-track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, the Website does not respond to browser “do-not-track” signals. We may allow third parties to use the Website to collect personal information about your online activities over time and across different websites, applications, and other online products or services. For information about interest-based advertising, and to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) Self-Regulatory Program for Online Behavioral Advertising. Please note that any opt-out choice you exercise through these programs will apply to interest-based advertising by the third parties you select, but will still allow the collection of data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests.

Third-party Links

The Website may include links to websites, applications, information, and services provided by third parties. We are not responsible for the privacy policies or practices of those third parties. We encourage you to review the applicable privacy policies of such third parties if you elect to follow the links provided.

Changes to this Policy

We may update this Policy to reflect changes in our privacy practices at any time and without prior notice to you. When we do so, we will update the Effective Date of the Policy, above. We encourage you to periodically review this Policy for the latest information on our privacy practices.

Contacting Us

If you have any questions or comments about this Policy or our privacy practices, or you would like to ask for access to or amendment of deletion of your personal information, please contact us in writing at:
Sentry Management Solutions:
14 Bruckner Boulevard, Room 3B
Bronx, NY 10454

Cookie Policy

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device. The cookies in use to deliver Google Analytics service are used to store information, such as what time your current visit occurred, whether you have been to the site before, and what site referred you to the web page.These cookies contain no personally identifiable information but they will use your computer’s IP address to know from where in the world you are accessing the Internet.Google stores the information collected by these cookies on servers in the United States. Google may transfer this information to third-parties where required to do so by law, or where such third-parties process the information on Google’s behalf.

Passenger App Privacy Policy

1. Introduction

Sentry MS (“we”, “us”, or “Sentry MS”) respects the privacy of its users. This Privacy Statement (“Statement”) describes our practices with respect to information (“Your Information”) we collect from or about our users (each, “You” or “Your”) when using our services and features (collectively the “Services”) in connection with the “Sentry Management Solutions” application available at link to Google play store and link to Apple play store (the “App”).

2. Overview

In order to provide the Services, Sentry MS will transmit portions of Your Information, including but not limited to Your name, time, location, to the private transportation service providers.
This Statement explains how Sentry MS collects, uses, and discloses Your Information in connection with the Services, and your rights in relation to that information. By agreeing to this Statement while installing the App and/or using the features made available to you through the Services, you agree to the terms of this Statement and consent to the collection, use, and sharing of Your Information in a manner consistent with this Statement.

3. Data collections and uses

Your information includes information we collect and process about you such as:

Personal information you provide to us. Sentry MS may request Personal Information from you, including but not limited to your name and phone number when you sign up for the App. In order to use the App, You also may be required to provide us with Personal Information directly through the Services or the App, such as your name, email, phone number, login name and password, address, profile picture, driver’s license and other government identification documents (which may indicate document numbers as well as birth date, gender, and photo. This also includes vehicle or insurance information of drivers, emergency contact information, user settings, and evidence of health or fitness to provide services using “Sentry Management Solutions” app.

We may use the photos submitted by users to verify their identities, such as through facial verification technologies.

Background check and identity verification (drivers and delivery persons). This may include information such as driver history or criminal record (where permitted by law), license status, known aliases and prior addresses, and right to work.

Demographic data: We may collect demographic data about users, including through user surveys. In some countries, we may also receive demographic data about users from third parties.

Precise location information. We collect precise location information from your device through GPS or other technologies, such as using Wi-Fi signals, as well as movement sensor or pedometer data. The App may collect this information in the background on your device, even if you are not currently using the App. We may also collect location information directly from you through the App.

We combine all of this information with other information about you (Personal Information you provide to us and/or log data) and use it to create a movement profile for your account. This information allows us to better understand the places that you visit and the patterns of your movement activity, as described further below in the section entitled “How We Use Your Information That We Collect”.

The App will ask for your prior consent to the collection and use of your precise location and movement sensor for these purposes through the settings on your mobile device during the “On-Boarding Process.” If you would like to withdraw your consent to the collection and use of precise location information, you may change the default settings for the App. However, if you withdraw this consent and turn off the location tracking at any time, then certain Services, including receiving trips, may not be available to you.

Log data. When you use the Services, we automatically receive and record certain information from your mobile device and the App. This may include data such as your IP address, the pages you visit or features you use within the Services, the date and time of your activities on the Services, your software and hardware attributes (including operating system type and version, App version, device type, and device identifiers), your browser type and version, and your general geographic location (e.g. your city, state, or metropolitan region). To obtain such information, we may use web logs or applications that recognize your device and gather information about its online activity.

Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data.

4. How We Use Your Information That We Collect

Sentry MS uses Your Information that we collect for the following purposes to improve our performance, the App and the Services:

To provide our Services to you. Sentry MS uses the information that it collects about You to provide the Services to You, which includes allowing us to facilitate sending You trips to perform as a driver.

In addition, the App collects, analyzes, and uses information about your location and movements to create a personalized map of the places you have visited and your mobility patterns. Sentry MS will also use the collected information to offer our trip-planning services, which include delivering personalized notifications and advice about your driving activity, transportation options, and other services in connection with your movement. You can opt-out of the collection of this data by turning off the location tracking at any time; however, if this opt-out is exercised, then certain Services, including receiving trips, cannot be provided to you.

We also may use Your Information and precise location information to improve the Services, such as to improve our transportation recommendations, determine optimal notifications, and improve Your user experience and the quality of our Services and App.

To respond to you. If we have Information about You, we also may use it to communicate with You, to respond to Your questions or requests concerning the Services, to send You Information about our Services, or to deliver confirmations, account Information, notifications, or similar operational communications.

For legal purposes. We may use and share Your Information for legal purposes, including as described below in the section entitled “How We Share Your Information with Third Parties”.

To manage our business. We use Your Information to help us efficiently operate the Services, to count and recognize visitors to the Services, to enable certain features on the Services, and for other purposes related to managing our business.

For analytics and to improve the Services. We use Your Information to analyze how visitors use the Services and their features, to improve the Services and enhance users’ experiences, to create new products and services, and to enable additional analytics and research concerning the Services.

For other purposes. As permitted by applicable law, we may use Your Information for additional purposes in connection with the Services, as described above.

5. How We Share Your Information With Third Parties

We share Your Information with other parties for the following purposes described above:

Third-party service providers. Sentry MS uses third-party service providers to help us manage and improve the Services including, but not limited to, third-party transportation providers. These service providers may collect and/or use Your Information to assist us in achieving the purposes discussed above in the section entitled “How We Use Your Information That We Collect.” For example, we may use third parties to perform data storage and processing services for us and to help us communicate with You. These third-party service providers may use the information received in the course of providing services to us only for the specific purposes for which such information was disclosed.

If You provide us with Your consent via a separate opt-in, Sentry MS may share Your Information with other third parties service-providers in order to provide You with offers and recommendations in connection with location information and to assign trips to perform.

Public and Private Transport Providers. In order to enable the provision of the Services, Sentry MS will require You to enter certain information into the application. This information may change from time to time and may include, but not be limited to your name, phone number, driver credentials, email address and the time and areas you drive. Sentry MS may share this information with the private third-party transportation service providers. You work with through the Services in order to enable You to perform transportation. In addition, as set forth herein, Your transportation service provider will need certain of Your Information, including Your first name, phone number, email address, time, locations, and driving credentials, to accommodate the trips You require. Sentry MS does not control how such third-party transportation provider uses Your Information and Sentry MS does not control their provision of services to You; You must onboard with any such third-party transportation provider after review of their applicable Privacy Policy and other factors relevant to Your selection of Your method of transportation. Sentry MS may also share additional anonymized aggregate information, including anonymized aggregate location information which is collected in the event you opt to allow Sentry MS to access your location data, with third-parties that it chooses in its discretion for planning purposes.

Affiliates. We may disclose Your Information to our affiliated companies in relation to the Services.

Legal purposes. We also may use or share Your Information with third parties when we believe, in our sole reasonable discretion, that doing so is necessary:
•   to comply with applicable law or a court order, subpoena, or other legal process;
•   to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms and Conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
•   to establish, protect, or exercise our legal rights or defend against legal claims; or
•   to facilitate the financing, securitization, insuring, merger, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Anonymized Information. From time to time, Sentry MS may also share anonymized information about users of the Services, such as by publishing a report on trends in the usage of the App.

Data Retention and Security

Your information is stored and processed only in the United States. Sentry MS uses commercially reasonable physical, electronic, and procedural safeguards to protect Your Information against loss or unauthorized access, use, modification, or deletion. We encrypt Your Information when we transfer it to third parties over the Internet. However, no security program is foolproof, and thus we cannot guarantee the absolute security of Your Information. Sentry MS may retain Your Information for as long as necessary to provide the Services to you and to fulfill the purposes described in this Statement. If you would like Sentry MS to delete Your Information associated with your account, please follow the instructions in the “Reviewing, Updating, and Deleting Your Information” section below.

Location Settings

You have the possibility to stop the collection of location information by turning off location services on Your mobile device by visiting:
• iOS: https://support.apple.com/en-us/HT207092
• Android: https://support.google.com/accounts/answer/3467281?hl=en

Please note, however, that the App requires your precise location for certain features to work properly.

Children’s Privacy

The Services are not directed to children under the age of 18, and Sentry MS will never knowingly collect information from anyone it knows is under the age of 18.

Third-Party Links, Websites, and Apps

The Services may contain links to and from the websites or apps of other third parties. If you follow a link to any of these websites or apps, please note that these websites and apps, and any services that may be accessible through them, have their own privacy policies. We are not responsible for the privacy practices of other websites or apps. We encourage our users to be aware when they leave the Services and to read the privacy policies applicable to such third-party websites and apps. This Statement applies solely to information collected in connection with the App and the Services.

Changes to This Statement

Technology and the Internet are rapidly changing. Sentry MS therefore is likely to make changes to the Services in the future and as a consequence will need to revise this Statement to reflect those changes. If we make material changes to the Statement, you will be provided with appropriate notice in the App.

Questions or Comments

If you have any questions or comments regarding this Statement, please email us at:
Email: info@SentryMS.com

Terms of use

Sentry Mobile Application End User License Agreement

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Sentry Management Solutions ("Company"). This Agreement governs your use of the “Sentry Management Solutions” , (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON/DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; 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/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant. Subject to the terms of this Agreement, Company 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 the Application's documentation;; and

(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

2. License Restrictions. You 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 any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(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; or

(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

(g) 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; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, 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 this Agreement. Company 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 this Agreement.

4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. 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 [INSERT AS LINK TO MOBILE APP 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.

5. Content and Services. The Application may provide you with access to Company's website located at [WEBSITE URL(S)] (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at [TERMS OF USE LINK] and [PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

6. Geographic Restrictions. The Content and Services are based in the state of New York in the United States and provided for access and use only by persons located in the United States. 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.

7. Record-Keeping Requirements and Reporting

By Title 18 NYCRR §504.3(a) and 517.3(b), Sentry will reimburse transportation providers only when contemporary, complete, acceptable, verifiable records are available upon request to the State concerning an audit, investigation or inquiry. The documentation below is required for every leg of a trip and must be maintained for six (6) years following the payment date. Suppose any required information is incomplete or deemed unacceptable or false. In that case, any relevant paid reimbursement will be recouped, and the provider may be subject to other statutory or regulatory liability, financial damages, and sanctions.

Effective March 1, 2016, in addition to historically required acceptable trip verification, the

The department requires the full printed name and signature of the driver providing the transport

attesting that the referenced trip was completed. The full list of required trip verification

information now includes, at a minimum:

• The Medicaid enrollee’s name and Medicaid identification number;

• The date of the transport;

• Both the origination of the trip and time of pickup;

• Both the destination of the trip and time of drop off;

• The vehicle license plate number;

• The driver’s license number;

• The full printed name and signature of the driver providing the transport; and

• An attestation from the driver that the trip was completed. (Indication of no-show if trip did

not take place).

7. Electronic Records

Sentry will allow its network providers to comply with these record-keeping

requirements by: (1) substituting the written signature of the driver providing the transport

with a unique identifying electronic signature, and (2) requiring drivers to attest that the trip

has been completed by using an electronic verification transmission that records both

the trip drop-off and pick-up destination coordinates.

Therefore, the driver "clicking" to confirm trip completion verification at the end of each ride can

be used as long as it satisfies the Department's requirement for a "contemporaneous, complete,

acceptable, verifiable" record that the driver has both provided the trip and attested to its

completion to support Medicaid claims - and that the transportation provider can produce this

documentation with an accurate, system-generated, unmodifiable date and time stamp for each

leg of a billable trip, including the pickup and drop-off, for the required six-year period.

The use of the electronic signature option does not exempt transportation providers from any of

the current record-keeping requirements or prospective audit of such record-keeping by

enforcement agencies.

8. Data retention and deletion

Sentry retains user data for as long as necessary for the above mentioned purposes. Users may request account deletion through the websites.

Sentry retains user data for as long as necessary for the purposes described above, which varies depending on data type, the category of user to whom the data relates, the purposes for which we collected the data, and whether the data must be retained after an account deletion request for the purposes described below.

For example, we retain data:

If such data is necessary to provide our services, such as account data, it will be kept for the life of users' accounts.
For six years, if necessary, to comply with DOH requirements. E.g., drivers’ and delivery persons’ trip or delivery location information.
We retain incomplete driver applications for one year and reject driver applications for six years for defined periods as necessary for purposes of safety or fraud prevention.

Users may request deletion of their account through the Sentryr’s website (riders and order recipients here; drivers and delivery persons here; guest checkout users here).

Following an account deletion request, we delete the user’s account and data, except as necessary for purposes of safety, security, fraud prevention or compliance with legal requirements or because of issues relating to the user’s account (such as an outstanding credit or an unresolved claim or dispute). For drivers and delivery persons, this generally means that we retain certain of their data for as long as necessary for actual or potential tax, litigation, or insurance claims. We generally delete data within 90 days of an account deletion request for rider and order recipients, except where retention is necessary for the above reasons

9. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company 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:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

10. 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 Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company 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.

11. Term and Termination.

(a) The term of Agreement commences when you download the Application/acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 9.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) 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 and account.

(e) Termination will not limit any of Company's rights or remedies at law or in equity.

12. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "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 YOUR 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. 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 YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) 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.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL 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. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, 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 reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

15. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform 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. 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 US.

16. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City and New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU 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.

20. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.