Interior Logic Group, Inc.

Mobile App

End-User Agreement

 

  1. Acceptance

Interior Logic Group, Inc. (the “Company”) hereby provides to you (either as an individual or a single business entity, collectively referred to as "You" or "Your") its mobile application (the “Mobile App”), subject to this End User Agreement (“Agreement”) and the Company’s Privacy Policy, located at http://interiorlogicgroup.com/builder-services/Terms (collectively, this Agreement and the Privacy Policy are known as the “Terms”). These Terms constitute a binding agreement governing use of the Mobile App between You and the Company, including any of the Company’s subsidiaries, related, and affiliated companies.

By downloading or using the Mobile App, or by clicking the “I agree” or similar icon, or by installing or copying the Mobile App, You agree to be bound by these Terms.  If You do not agree to these Terms, do not use or install or copy the Mobile App.

The Company may update these Terms from time to time, and such changes will become applicable to You if You continue to use the Mobile App at any time after such changes are posted. If a change is made, the Company will notify You through the Mobile App.  You should always read through any changes, and if You don’t agree to them, please stop using the Mobile App.

Any updates or new features added to or augmenting the Mobile App are also subject to these Terms.  To keep the Mobile App up-to-date, You agree that the Company may provide You with such updates without Your further consent or notice to You.

  1. Access and Use of the Mobile App

Subject to the terms and conditions of these Terms, the Company hereby grants You a personal, limited, non-transferable, non-sublicensable, revocable, and non-exclusive right and license to use the object code of the Mobile App solely for Your internal business purposes only.  You may access and use the Mobile App only for lawful purposes.  Any use of the Mobile App in any other manner, including, without limitation, resale, transfer, modification or distribution of the Mobile App is prohibited, as specified further below. All rights, title and interest in and to the Mobile App will remain with and belong exclusively to the Company.

You may not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Mobile App available to any third party without our prior permission, (b) use the Mobile App in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws), in a way that is fraudulent or deceptive, or in any manner that interferes with or disrupts the integrity or performance of the Mobile App, (c) copy, modify, adapt, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code in the Mobile App, (d) sell, assign, sublicense or otherwise transfer any right in the Mobile App, (e) use the Mobile App to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights), or (f) use the Mobile App in a way to access unauthorized content.  You agree not to associate, input or upload to or through the Mobile App any virus, Trojan horse, worm, time bomb or other computer programming routines that (i) is intended to damage, interfere with, intercept or expropriate any Company system or technology or (ii) infringe the intellectual property rights of another.  You shall comply with any codes of conduct, policies or other notices the Company provides You or publishes in connection with the Mobile App, and You shall promptly notify the Company if You learn of a security breach related to the Mobile App.

You are responsible for maintaining the confidentiality and security of Your login, password and account and for all activities that occur under Your login or account.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Mobile App (“Content”).  By posting Content on or through the Mobile App, You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content solely in connection with providing You the service related to the Mobile App.

As the Mobile App is utilized through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees may apply and certain features or activities may be prohibited or restricted by Your carrier.  By using the mobile services, You agree that the Company may communicate with You by SMS, MMS, text message or other electronic means to Your mobile device for the purpose of providing the applicable service. 

  1. Intellectual Property

The Mobile App, the content and information provided through the Mobile App, and all improvements, additions, derivatives and other modifications made to the Mobile App, are the exclusive property of the Company and/or its licensors.  You acknowledge and agree that the Mobile App (and the software programming and html and other code contained in the Mobile App and other content available through the Mobile App) contains proprietary and confidential information that is protected by applicable copyright, trademark and other intellectual property laws. The trademarks, service marks and logos used and displayed on the Mobile App are registered and unregistered trademarks of the Company and others. Nothing in these Terms grants You, by implication or otherwise, any license or right to use any trademark displayed in the Mobile App, without the written permission of the trademark owner. You agree not to disclose, sell or otherwise transfer the Company’s proprietary information to any other person or to otherwise exploit the Company’s proprietary information for Your own benefit. The Company and its licensors reserve the right to enforce its and their intellectual property rights to the fullest extent of the law. All images on the Mobile App are legally protected and are not to be used, reproduced, modified or distributed without written consent of the Company or its licensors. You agree to not remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the Mobile App.

The Mobile App may contain links to websites operated by third parties (“Third Party Websites“).  The Company does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

  1. Disclaimer of Warranties

THE MOBILE APP, INCLUDING ANY DATA OR OTHER INFORMATION PROVIDED THROUGH THE MOBILE APP, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR RELIABILITY. YOU ARE USING THE MOBILE APP AT YOUR OWN RISK; THE COMPANY ACCEPTS NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE MOBILE APP OR ANY DAMAGE OR INJURY TO YOU OR ANY OTHER USERS AS A RESULT OF OR RELATING TO THEIR USE OF THE MOBILE APP. THE COMPANY MAKES NO WARRANTY THAT (I) THE MOBILE APP WILL MEET YOUR REQUIREMENTS, (II) THE MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  NO PRESENTATION, SPECIMENT, ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, LOST GOODWILL, THEFT OR CORRUPTION OF INFORMATION, OR BUSINESS INTERRUPTION, (B) ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO YOUR USE OF THE MOBILE APP, OR (C) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnification

You shall defend, indemnify, and hold harmless the Company from and against any claims, actions, demands, causes of action, liabilities, damages, costs, fines, penalties, and expenses including without limitation reasonable legal and accounting fees, arising or resulting from (i) Your breach (or allegations thereof) of these Terms, (ii) any of Your Content, (iii) Your access, contribution to, use or misuse of the Mobile App, and (iv) Your violating any rights of a third party. The Company shall provide notice to You of any such claim, suit or demand. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.

  1. Assignment

You may not assign these Terms without the prior written consent of the Company, but the Company may assign or transfer these Terms, in whole or in part, without restriction.

  1. Governing Law

These Terms shall be governed by the laws of the State of Georgia without regard to the principles of conflicts of law. Unless otherwise elected by the Company in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Georgia for the purpose of resolving any dispute relating to Your access to or use of the Mobile App.

  1. Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

  1. Termination and suspension

Your right to use the Mobile App shall terminate, and the Company may at its option suspend or deactivate Your use of the Mobile App, upon Your failure to comply with any term or condition of this Agreement, any unlawful use of the Mobile App or service, or any abusive conduct involving the App or service that is outside the normal contemplated use thereof.  The Company may also terminate or suspend Your use of the Mobile App with or without notice at any time and without any liability to You. Upon any termination Your right to use the Mobile App, and any other rights or permissions granted to You in these Terms, will end and You must stop using the Mobile App and delete it from Your mobile device.

  1. Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

  1. Third Party Beneficiary

You agree that the Company’s service providers, licensors, or others involved in creating or providing the Mobile App are third party beneficiaries to these Terms and may rely upon the provisions of these Terms.

  1. Entire Agreement

These Terms constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledge that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms, save those expressly set out in these Terms, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms shall be effective unless it is (i) in writing and signed by or on behalf of the Company or (ii) officially posted by the Company on the website or Mobile App.

Updated: May 22, 2018