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APPLICATION END USER LICENSE AGREEMENT
1.1 Users – individuals who engage services via the CISPI App or mobile application.
1.2 App – mobile application provided by CISPI for use by Users
1.3 CISPI – Cast Iron Soil Pipe Institute
2. ELECTRONIC COMMUNICATIONS
2.1 Upon downloading the App you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in this App. You agree that all agreements, notices, disclosures and other communications, that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
2.2 By using the App, you also agree to receive any email communications necessary to provide the services you have requested. You also hereby agree that any and all communications from CISPI are administrative in nature and are not advertisements or solicitations for goods or services in any way.
3.2 CISPI grants Users a limited license to access and make personal use of this App and not to reverse engineer or modify it, or any portion of it, except with express written consent of CISPI. This license does not include any resale or commercial use of this App or its contents; any derivative use of this App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This App or any portion of this App may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of CISPI. You may not enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CISPI or its affiliates without the express written consent of CISPI. Any unauthorized use terminates the permission or license granted by CISPI. You may not use any logo or other proprietary graphic or trademark of CISPI or its affiliates, as part of the link without our express written permission.
4. CISPI OBLIGATIONS TO THE USER
4.1 With effect from the date of this End User License Agreement between Users and CISPI, CISPI shall agree to:
4.1.1 Use commercially reasonable efforts to maintain the security and the integrity of the App, as well as User data, as included on the App.
4.1.2 CISPI will be entitled to make any changes to the App, that it deems necessary, in order to enhance or improve the usability or quality of the App, so long as those changes do not materially impact the User’s usage.
4.1.3 Notwithstanding all of the above, CISPI will assume no responsibility or liability for any failures of the system (technical or otherwise), to provide the services agreed herein; however, CISPI will reasonably endeavor to facilitate the workings of the App for User usage as agreed.
5. USER OBLIGATIONS TO CISPI
5.1 The User shall not use the App for any of the following purposes:
5.1.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
5.1.2 Posting, transmitting or otherwise communicating material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable law, regulations or code of practice;
5.1.3 Posting, transmitting or otherwise communicating any false, inaccurate, misleading, defamatory or libelous material or message of any kind;
5.1.4 Interfering with any other person’s use or enjoyment of the App;
5.1.5 Interfering with or disrupting the integrity and performance of the App or the data contained therein;
5.1.6 Accessing or attempting to access any function of the App, or its related systems or networks, other than that which the User is authorized to so access under the terms of this Agreement;
5.1.7 Sending or storing any Malicious Code.
6. WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CISPI APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS WARRANT THAT (i) USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE APPLICATION IS ACCURATE, RELIABLE OR CURRENT. IF YOUR USE OF THE APPLICATION OR THE CONTENT RESULTS IN PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LOSS RESULTING FROM THE USE OR MISUSE OF THE APPLICATION. WE ARE NOT RESPONSIBLE FOR THOSE COSTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (‘SERVICES’) ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CISPI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CISPI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CISPI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTIES. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. LIMITATION OF LIABILITY
7.1 UNDER NO CIRCUMSTANCES SHALL THE CAST IRON SOIL PIPE INSTITUTE (“CISPI”) OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS APPLICATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, PROPERTY DAMAGE, PHYSICAL INJURY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7.2 THE USER UNDERSTANDS AND AGREES THAT THE APPLICATION PROVIDED BY CISPI UNDER NO CIRCUMSTANCES IS A SUBSTITUTE FOR AN ENGINEERING EVALUATION. THE USER AGREES THAT THIS APPLICATION IS NOT A COMPLETE ENGINEERING REFERENCE ADDRESSING ALL ASPECTS OF DESIGN AND INSTALLATION. You understand and agree that CISPI will not be liable for property damage, personal injury or any other loss resulting from the use or misuse of the application.
8. INTELLECTUAL PROPERTY
This application may contain logos, trademarks, content, information and material that is proprietary to CISPI and are protected by intellectual property and other laws, including but not limited to copyright, and you agree that you will not use these logos, trademarks, content, information and materials in any way whatsoever except for permitted use of the application and terms of service. Furthermore you agree not to modify, rent, lease, loan, sell, distribute the logos, trademarks, content, information and material that is contained in this application and service. No portion of this application may be reproduced in any form or means other than by CISPI.
9. APPLICABLE LAW
By downloading the App, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this End User License Agreement and any dispute of any sort that might arise between you and CISPI.
10. NOTIFICATION OF CHANGES
If CISPI needs to change any other aspect of this End User License Agreement, such changes will be presented via messaging within this App along with the effective date of those changes.
11. TERMINATION OF AGREEMENT
You understand that CISPI reserves the right to terminate this service at any time, and will terminate the use of this service if you fail to comply with any term(s) of this service. Furthermore, CISPI reserves the right to update this application at any time and without notice.
The failure, refusal or neglect by CISPI to exercise any right, power or option provided for herein, shall not be deemed a waiver of any right, power or option hereunder. Any waiver of any right or default hereunder, shall be effective only if made in writing and in the instance given, and shall not operate as or imply a waiver of any similar right or default on any subsequent occasion.
13. COMPLETE AGREEMENT
This Agreement contains the entire understanding between you and CISPI as to its subject matter, and supersedes all other (including prior) agreements, arrangements representations, warranties conditions or other terms in relation to its subject matter, and may not be modified except in writing executed by both parties
Any clause, provision, or portion of this End User License Agreement which is held to be invalid, void, illegal or otherwise unenforceable under any law or by any court, arbitrator, or other proceeding, shall be amended to the extent required to render it valid, legal and enforceable, or deleted if no such amendment is feasible; and such amendment or deletion shall not affect the enforceability of the remaining provisions hereof.
15. RELATIONSHIP OF THE PARTIES
The relationship of the parties established by this End User License Agreement is of licensor and licensee or independent contractors, and nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party; or constitute the parties as principal and agent, employer and employee, partners, participants in a joint venture, co-owners or otherwise as participants in a joint undertaking. The parties understand that, except as specifically provided for in this End User License Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on its behalf, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on its behalf, or to transfer, release, or waive any of its rights, title or interests.