EULA

Northeast Alternatives, Inc. (“NEA”) grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for your personal use, strictly in accordance with this EULA.

Your use of the Mobile App requires an account with NEA and agreement to the Terms of Service and Privacy Policy.

NEA reserves the right to modify this EULA at any time and for any reason. The most current version will be posted at https://nealternatives.com/eula/.  Material changes will be communicated via the Mobile App or email. Your continued use of the Mobile App after notice of changes indicates Your acceptance of the updated terms.

NEA may deploy changes, updates, or enhancements at any time. NEA may provide maintenance and support but has no obligation to do so and may discontinue such services at any time without notice. You acknowledge that neither Apple nor Google is obligated to provide support.

You agree not to misuse the Mobile App, interfere with others’ use, or violate the App Store Terms of Service (for iOS) or Google Play Terms of Service (for Android).

NEA may collect information about You, including technical and telemetry data related to Your use of the Mobile App. Third-party service providers (e.g., Google Analytics) may assist in collection and analysis. NEA uses and protects this information in accordance with its Privacy Policy (available at https://nealternatives.com/privacypolicy/).

By downloading the Mobile App, You authorize NEA to send You information (via email, text, and push notifications) about Your use of the Mobile App, including notices of violations, product updates, and promotional materials.

The Mobile App may not work on every device. Determining compatibility is Your responsibility, and installation is at Your own risk. NEA makes no warranty that the Mobile App will function without error or interruption.

8.1 iOS Application

If the Mobile App fails to conform to any applicable warranty, You may notify Apple for a refund. To the maximum extent permitted by law, Apple will have no further warranty obligations with respect to the Mobile App

8.2 Android Application

Google expressly disclaims all warranties and conditions of any kind, whether express or implied

NEA may suspend or terminate Your access to the Mobile App at any time, without notice. If terminated, You may lose access to all content and data associated with Your account.

NEA retains all rights, title, and interest in and to the Mobile App. In the event of a third-party claim that the Mobile App or Your use infringes intellectual property rights, NEA will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

You represent and warrant that You are not (a) located in a country subject to U.S. embargo, (b) located in a country designated by the U.S. as supporting terrorism, or (c) listed on any U.S. Government list of prohibited or restricted parties.

This EULA shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.

If You have questions or concerns about this EULA or the Mobile App, please contact NEA at:
Northeast Alternatives, Inc.
Attn: Legal Department
999 William S. Canning Blvd.
Fall River, MA 02721
Email: info@nealternatives.com

This EULA is between You and NEA, not Apple or Google. However, Apple and Google are third-party beneficiaries of this EULA and may enforce it against You. NEA is not responsible for any third-party agreements between You and others (e.g., wireless providers).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEA’S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE MOBILE APP SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) TO DOWNLOAD THE MOBILE APP.

You agree to indemnify, defend, and hold harmless NEA, its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to Your use or misuse of the Mobile App, violation of this EULA, or infringement of any third-party rights.

Any dispute, claim, or controversy arising out of or relating to this EULA or the Mobile App shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration shall take place in Boston, Massachusetts, and shall be conducted in English. You and NEA agree to resolve disputes only on an individual basis, and not as part of any class, consolidated, or representative action.
Nothing in this section prevents NEA from seeking injunctive or equitable relief in a court of competent jurisdiction for the protection of its intellectual property or confidential information.

If any provision of this EULA is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. This EULA constitutes the entire agreement between You and NEA regarding the Mobile App and supersedes all prior or contemporaneous understandings, whether written or oral, relating to its subject matter. No waiver by NEA of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term.