Terms and Conditions 

This Agreement is between you, PSEG Long Island, LLC and Long Island Electric Servco LLC (“Servco”) as agent and acting on behalf of Long Island Lighting Company d/b/a LIPA (“LIPA”), having offices at 333 Earle Ovington Blvd., Uniondale, NY 11553 (together, with their affiliates, "PSEG Long Island" or “us” or “we”) and governs your use of the PSEG Long Island Field Mobility Mobile Application (the “Mobile Application”). The Agreement applies in addition to, and is not intended to replace, any other agreement or other obligations that may apply to you or your employer in connection with your provision of services to PSEG Long Island.

Before using the Mobile Application, please read these Terms and Conditions, the PSEG Long Island Website Terms & Conditions, the PSEG Long Island Privacy Policy and the PSEG Long Island Disclaimer (collectively, the “Agreement”).

Your use of the Mobile Application is conditioned on your acceptance of this Agreement. If you don’t accept these terms, you may not use the Mobile Application.

1. User Account: In order to access the Mobile Application, you will need to create an ESRI ArcGIS Online user account. To receive your username and password to login to the Mobile Application, you may need to provide us an email address or phone number. The email address and/or phone number you provide us will be temporarily stored in our ESRI ArcGIS Online account while you are providing services to PSEG Long Island. After you have completed your work for us, the email address and/or phone number stored in our ESRI ArcGIS Online account is deleted and your Mobile application account will be disabled.

2. Location Information. Certain feature and functions of the Mobile Application require the Mobile Application to track your location information using technologies like GPS, Wi-Fi or cell tower proximity (geolocation tracking). You hereby consent to the Mobile Application tracking your location while you use the Mobile Application and our collection of information pinpointing your location information while you use the Mobile Application.

3. Camera and Photos. Certain features and functions of the Mobile Application require you to grant the Mobile Application access to your camera, photos and videos and send us photos and videos of equipment damage and repairs taken with your mobile device. While you choose which photos and videos to upload to the Mobile Application, you hereby consent to the Mobile Application uploading, and PSEG Long Island accessing and receiving, such photos and videos.

4. Microphone. Certain features and functions of the Mobile Application utilize your device’s microphone. It is your option to use these features. In order to use such features, you will need to activate the microphone.

5. User Content. When you upload, submit, store, send or receive content (including, but not limited to, photos, videos, text and forms) to or through the Mobile Application, you give PSEG Long Island a perpetual worldwide license to use, host, store, reproduce, modify, create derivative works, publish, communicate and display such content. This license continues even if you stop using the Mobile Application.

6. Use Restrictions. You may only use the Mobile Application to perform damage assessment/repair services for PSEG Long Island. You may not:

• Copy, modify, distribute, sell or lease any part of the Mobile Application, including any content contained in or available through the Mobile Application, nor may you decompile, reverse engineer, or attempt to extract the source code of the Mobile Application software.
• Use the Mobile Application for any purpose that is illegal or prohibited by the Agreement.
• Solicit login credentials from another user.
• Share your password to the Mobile Application or otherwise permit anyone else from using your Mobile Application account.

7. Data Charges and Mobile Phones. You are responsible for any mobile charges you may incur from your carrier for using the Mobile Application, including text messaging and data charges.

8. Maps and Driving Directions. The Mobile Application allows you to use maps and driving directions to locate work sites. We did not create and do not have control over such maps and driving directions. By accepting this Agreement, you understand and agree that PSEG Long Island is not responsible for inaccuracies in such maps and driving directions or any other issue or loss arising from or related to your use of such maps and driving directions available via the Mobile Application. When operating your vehicle, you are required to comply will all applicable laws and ordinances, including, but not limited to, adhering to posted road signs and commercial vehicle route restrictions based on the height and weight of your vehicle, as well as any hazardous material restrictions.

9. Electronic Records and Signatures: By accepting these terms, you consent to the general use of electronic records and signatures in our relationship with you.

10. Contacting You: We may seek your constructive feedback on the Mobile Application, including problems you encounter, aspects that work well, and suggestions for improving it. You agree that PSEG Long Island may email you from time to time about your experience with the Mobile Application.

11. Changes or Amendments: We may change, suspend, or discontinue the Mobile Application, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on our website at www.psegliny.com/mobileapp/FieldMobility. Your continued use of the Mobile Application after the effective date of the revised Agreement constitutes acceptance of the terms.

12. Termination: Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the Mobile Application.

13. Tech Support: PSEG Long Island may or may not provide technical and other support for the Mobile Application. You agree to abide by any support rules and policies.

14. Disclaimer of Warranty: YOU ASSUME ALL RISK FOR YOUR USE OF THE MOBILE APPLICATION, THAT IT IS PROVIDED “AS IS”, AND THAT PSEG LONG ISLAND MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. PSEG LONG ISLAND EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PSEG LONG ISLAND, OR THROUGH OR FROM THE MOBILE APPLICATION, WILL CREATE ANY WARRANTY OF ANY KIND.

15. Limitation of Liability. IN CONNECTION WITH ANY WARRANTY, CONTRACT OR COMMON LAW TORT CLAIMS ARISING OUT OF THE ALLEGED ACTIVE OR PASSIVE NEGLIGENCE OF PSEG LONG ISLAND AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PSEG LONG ISLAND (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT LOSSES, DAMAGES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST OR REDUCED PROFITS, REVENUES, EFFICIENCY, PRODUCTIVITY, BONDING CAPACITY, OR BUSINESS OPPORTUNITIES, OR INCREASED OR EXTENDED OVERHEAD, OPERATING, MAINTENANCE OR DEPRECIATION COSTS AND EXPENSES, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MOBILE APPLICATION, AND ANY DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF (1) THE AMOUNT YOU PAID PSEG LONG ISLAND IN CONNECTION WITH THE MOBILE APPLICATION, IF ANY, IN THE LAST TWELVE MONTHS AND (2) ONE HUNDRED DOLLARS.

16. Indemnity. YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS PSEG LONG ISLAND, OUR AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, LICENSORS, AND AGENTS FROM AND AGAINST ANY AND ALL COMPLAINTS, CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE MOBILE APPLICATION; (B) YOUR CONTENT; AND (C) YOUR BREACH OF THIS AGREEMENT.

17. Governing Law; Jurisdiction; Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to any portion of its choice of law principles that might provide for application of a different jurisdiction's law; provided, however, that to the maximum extent permitted under applicable laws, this Agreement will not be subject to the Uniform Computer Information Transactions Act as currently enacted or as may be codified or amended from time to time by any jurisdiction. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Courts for the Eastern District of New York, or if such court does not have subject matter jurisdiction, to the courts of the State of New York located in Nassau County.

18. Trademark Information: PSEG Long Island trademarks and graphics used in connection with the Mobile Application are the property of PSEG Long Island. All other trademarks and graphics used are the property of their respective owners.