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Terms of Use

Titan Mobile for iPad and iPhone
a la mode technologies, llc.

Effective Date: July 6, 2016

Welcome to Titan Mobile FOR IPHONE and IPAD. The following Terms of Use ("the Agreement") details the Terms and Conditions for access and use of the Service. By proceeding past the Terms of Use Notice on your iPhone or iPad, you agree to be bound by the Terms and Conditions set forth in the agreement. It is your responsibility to regularly check the Terms of Use for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you another other notice of such changes. The Terms of Use will be posted at www.alamode.com/legal/terms-of-use/titan-mobile-ipad, and we will indicate the effective date of each update at the top of the Terms of Use. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and in agreement with, the new Terms of Use.

1. SERVICES DESCRIPTION. iPad Application used for field data gathering and sketching.

2. USE OF SERVICE. a la mode technologies, llc. (“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, or to enable another to access, use and modify your content (“Account Information”). You are responsible for maintaining the confidentiality of your Account Information and, accordingly 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. 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 data, listings, and all use now known or later invented. ALM is not responsible for the content that is created by using 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.

You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and all applicable laws and regulations, including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology. Transmission or solicitation of any material that violates any local, state, federal, or international law, order or regulation is prohibited.

Your content cannot contain, or provide links to, materials that ALM, in its sole discretion, may consider illegal or offensive including, but not limited to:

  1. copyrighted material not belonging to you — for example, music, images, software or video — unless you have the prior consent of the copyright owner;
  2. trademarked materials not belonging to you without the prior consent of the trademark owner;
  3. pornography, nudity, sex or any other material that would commonly be considered "indecent" or "appealing to the prurient interest";
  4. gambling;
  5. foul language;
  6. pyramid or other illegal solicitation schemes; or
  7. 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:

  1. send bulk/spam email;
  2. send mass/spam news postings;
  3. disclose the trade secrets of any other person or entity;
  4. use patented or trademarked materials without the prior consent of the patent or trademark owner;
  5. rent, sell or otherwise distribute web space to third parties; or
  6. 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:

  1. attempting to gain access to restricted information on the ALM servers;
  2. attempting to disable, cripple or modify ALM servers or any service running on an ALM server; or
  3. 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.

5. PRIVACY.

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 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 so that ALM can improve our products and services.

6. INTELLECTUAL PROPERTY. You acknowledge and agree that the Service is a valuable commercial product of ALM, the development of which has involved expenditure by ALM of substantial time and money. You acknowledge and agree that ALM owns all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Use. Except for the limited license rights specifically granted to you in these Terms of Service), ALM owns and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Service).

7. MEMBER COMMUNICATION. ALM reserves the right to send you service emails 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 emails because these service emails provide information critical for the operation of the Service.

YOU HEREBY GRANT ALM EXPRESS WRITTEN PERMISSION TO SEND EMAIL SOLICITATIONS OR ADVERTISEMENTS, THUS SATISFYING ANY EXPRESS WRITTEN PERMISSION REQUIREMENT.

8. AMENDMENTS/MODIFICATIONS. ALM reserves the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Service at any time, and to determine whether and when, at its sole discretion, 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 you to receive them) as part of your use of the Service.

9. TERMINATION. You may discontinue your use of the Service at any time, for any or no reason and with or without notice. ALM may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for ALM terminating your account or the Service include, without limitation: (a) breach or violation of these Terms of Use (b) your request or self-effecting account deletion, (c) requests by law enforcement or other government agencies, (d) the discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use 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 of any information, including, but not limited to, information provided by ALM. The information, software, products, applications, and services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ALM, its affiliates and/or its respective suppliers may make improvements and/or changes in this site at any time. In no event shall ALM be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of ALM services, applications, and software.

11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) ALM DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALM DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

12. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALM, AND OUR OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF ALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (e) ALM'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (f) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (g) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (h) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (i) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF USE; OR (j) ANY OTHER MATTER RELATING TO THE SERVICE.

13. MEMBER ACKNOWLEDGEMENT. Member acknowledges and agrees 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, 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 and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. 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. In order to attest PCI compliance, ALM does not store, process, or transmit any cardholder data on its own servers or networks and must provide a written AOC (attestation of compliance). Pursuant to this AOC a la mode cannot allow Customers using our products to store, process, or transmit any cardholder data using ALM Products and Services. You agree that in your use of the Products and Services, you will not include, or allow to be included, any cardholder data in documents and/or data being processed, transmitted, and/or stored by Products and Services. Once such example of Customers responsibilities includes, but is not limited to, redacting credit card numbers to the last 4 digits if they are included on the 1003 form or any other documents before printing.

ALM will provide product support for the software services covered under this Agreement, unless otherwise indicated.

BY CONTINUING 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 AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU ALSO AGREE THAT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOUR USE OF THE SERVICE SHOULD YOU CHOOSE TO PROCEED WITH THE USE OF THE SERVICE.