TOTAL for iPhone and iPad
a la mode technologies, llc.
Effective Date: June 01, 2023
1. SERVICES DESCRIPTION. iPhone/iPad application used for field data gathering and sketching.
2. USE OF SERVICE. ALM hereby grants you a nonexclusive, nontransferable, restrictive, and conditional right to use the Service subject to the terms and conditions contained in this Agreement. In order to access and/or use the Service, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or continued use of the Service (“Account Information”). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, you will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify ALM of any unauthorized use of your Account Information, account, or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Application and all fees associated therewith (such as computing devices and Internet service provider and airtime charges.)
3. MEMBER CONTENT AND CONDUCT. You agree that as the user of the Service, you accept all responsibility for any and all content created, transmitted, stored, or displayed when using the Service, including, but not limited to any data or listings. ALM is not responsible for the content that is created through your use of the Service. Do not use the web space provided by ALM to provide material that is offensive to the web community including, but not limited, expressions of bigotry, racism, hatred, or profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.
Your content must not contain, or provide links to, materials that ALM, in its sole discretion, considers illegal or offensive including, but not limited to:
- (a) copyrighted material not belonging to you -- for example, music, images, software or video -- unless you have the prior consent of the copyright owner;
- (b) trademarked materials not belonging to you without the prior consent of the trademark owner;
- (c) pornography, nudity, sex or any other material that would commonly be considered "indecent" or "appealing to the prurient interest";
- (d) gambling;
- (e) foul language;
- (f) pyramid or other illegal solicitation schemes; or
- (g) insults to other persons or businesses including, but not limited to, material that is obscene, threatening, harassing, defamatory or libelous.
You shall not use the Service to conduct any of the following activities:
- (a) send bulk/spam e-mail;
- (b) send mass/spam news postings;
- (c) disclose the trade secrets of any other person or entity;
- (d) use patented or trademarked materials without the prior consent of the patent or trademark owner;
- (e) rent, sell or otherwise distribute web space to third parties; or
- (f) conduct any other activity that ALM determines, in its sole discretion, to be fraudulent, illegal or an unreasonable drain on system resources.
4. SECURITY. You agree that you will not attempt to compromise the security on the ALM servers by any means including, but not limited to:
- (a) attempting to gain access to restricted information on the ALM servers;
- (b) attempting to disable, cripple or modify ALM servers or any service running on an ALM server; or
- (c) attempting to access information in other ALM customer accounts.
ALM reserves the right to prosecute any person or entity attempting to compromise the security of the ALM servers to the fullest extent allowed by applicable law.
Collection and Use of Personal Information.
When you use the Service, ALM may collect a variety of information, including your ALM customer number and username. This information is used for internal purposes such as technical support, quality assurance, and improvement of our products and services.
Collection and Use of Non-Personal Information.
ALM may use a third party to collect anonymous, non-personally identifying usage data about the Service. Information collected by ALM (and/or such third party) includes, but is not limited to: date and time stamps, unique device identifier, Internet Protocol address (IP address), application activity logs, and error logs. This information is used to improve ALM’s products and services.
7. MEMBER COMMUNICATION. ALM reserves the right to send you service e-mails notifying you of operational or other changes that may affect or change the Service offered by ALM. Please note that you cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of the Service.
YOU HEREBY GRANT ALM EXPRESS WRITTEN PERMISSION TO SEND EMAIL SOLICITATIONS OR ADVERTISEMENTS.
8. AMENDMENTS/MODIFICATIONS. ALM reserves the right to amend the Service offerings and add, delete, suspend or modify the Service at any time, and to determine in its sole discretion whether and when any such changes apply to existing or future users. In connection with any modification of the Service, ALM may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit ALM to deliver these to you (and that you shall receive them) as part of your use of the Service.
10. INDEMNITY. You agree to indemnify and hold ALM harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third party due to or arising out your use of the Services. The information, software, products, applications, and services may include inaccuracies or typographical errors.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13. USER ACKNOWLEDGEMENT. You acknowledge and agree that the disclaimers of warranties, limitations of liability and indemnification provisions set forth in this Agreement reflect a mutually agreed upon allocation of risk and form a fundamental part of the basis of the bargain hereunder, without which ALM would not have entered into this Agreement.
14. GOVERNING LAW. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Florida, without giving effect to its conflict of laws principles.
15. FORCE MAJEURE. ALM shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond ALM's control including, but not limited to, acts of God, war, terrorism, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.
16. LEGAL EXPENSES. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses incurred in such regard, including court costs and reasonable attorneys' fees.
17. SEVERABILITY; WAIVER. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
18. ASSIGNMENT. Member may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of ALM. ALM's rights and obligations hereunder will bind and inure to the benefit of its successors and assigns.
19. INDEPENDENT CONTRACTOR. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party.
20. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding and agreement of the parties regarding the specific subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to such subject matter. ALM reserves the right in its sole discretion to change or modify this Agreement in whole or in part at any time or from time to time.
21. SECURITY STANDARDS. PCI Data Security Standards are technical and operational requirements set by the PCI Security Standards Council (PCI SSC) to protect cardholder data. The standards apply to all entities that store, process, or transmit cardholder data. ALM does not store, process, or transmit any cardholder data on its own servers or networks. ALM cannot allow you to store, process, or transmit any cardholder data using ALM Products or Services. You agree that in your use of any ALM Products or Services, you will not include, or allow to be included, any cardholder data in documents and/or data being processed, transmitted, and/or stored such Products and/or Services. By way of example and not limitation, you must redact credit card numbers to the last 4 digits if they are included on any documents before printing them.
ALM will provide product support for the Services covered under this Agreement, unless otherwise indicated herein.
BY CONTINUING YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND ALM REGARDING ITS SUBJECT MATTER AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ALM RELATING TO SUCH SUBJECT MATTER.