APPROVALZOOM

TERMS OF USE

December, 2013

Welcome to the ApprovalZOOM Portal

ApprovalZOOM.com is an industry portal that provides an easy to navigate platform to connect engineers, architects, builders, manufacturers, and the general public and includes a wealth of information regarding building and product evaluations performed by others. While it is unnecessary to subscribe for a membership to use ApprovalZOOM.com, there are various subscription levels which enable members (“Members”) real time access to industry databases for State-by-State or private industry product evaluation information and requirements, as well as manufacturer information about product inventory and pricing.

Terms of Use

These Terms of Use (“Terms”) govern the use of Platform, incorporate our Privacy Policy and constitute a legal agreement between you and ApprovalZoom.com, Inc. and its parent company Endymion Blue, LLC and their  affiliates, subsidiaries, partners, agents and contractors (collectively "APPROVALZOOM", "we" or "us"). Please read these Terms carefully before using the Platform. If you do not accept these Terms in their entirety, do not access or use this Platform.  These Terms apply to any mode of access to the Platform including, without limitation via computer, laptop, tablet, handheld device, mobile device, smart phone and/or any device now in existence or hereafter created.

If any portion of the Platform includes specific terms and conditions concerning use, those specific terms and conditions are incorporated into these Terms. To the extent there is a direct conflict between separately posted policies or specific terms and conditions and these Terms, those separately posted policies or specific terms and conditions govern. These Terms do not govern your access to or use of any APPROVALZOOM websites or services outside the United States of America.

Changes to Terms

We reserve the right to modify and/or add to these Terms from time to time. The date of the current governing Terms is posted at the top of this page. Please be sure to revisit this page to see the current Terms which govern your use of the Platform.  ANY ACCESS OR USE OF THIS PLATFORM AND/OR OTHER APPROVALZOOM SERVICE CONSTITUTES YOUR AGREEMENT TO THE CURRENT TERMS POSTED HEREIN No modification to these Terms by any party other than APPROVALZOOM is valid or enforceable against APPROVALZOOM unless expressly agreed to by APPROVALZOOM in a writing.

User Conduct and Responsibility

APPROVALZOOM provides this Platform to, among other things, enable end users with requests for product and service information to contact the companies that are a part of APPROVALZOOM'S database of companies and are listed on this Platform ("Suppliers") and any other third parties that may advertise on or provide services, features and/or information in connection with this Platform or to APPROVALZOOM ("Providers"). This Platform incorporates online collaborative applications and tools to enable end users to obtain pricing and other information about products and services listed on the Platform. Descriptions of, or references to, products or services offered by Suppliers or Providers on this Platform do not imply endorsement of any product or service, or constitute a warranty, by APPROVALZOOM.

Internet Service Provider
APPROVALZOOM is not an Internet Service Provider (“ISP”) and, except for any content specifically provided by APROVALZOOM such as information about our services, we are not responsible for the information included on this Platform such as government or private enterprise data, approval requirements, quotes, statistics and/or sales transactions regarding products or services offered by Suppliers or Providers on this Platform. APPROVALZOOM has no control over and is not responsible for any sales transactions, including without limitation the quality, safety or legality of the items transacted; the accuracy of the information or specifications provided; the ability of users or buyers to buy items; the ability of Suppliers and/or Providers to deliver items promised; or the ability of buyers to pay for items. These Terms and the information provided on this Platform do not govern the terms and conditions of the purchase of any product or service except as specifically provided herein. We cannot ensure that a user, buyer, Supplier or Provider will complete a transaction or that a transaction will be completed in a satisfactory manner. We encourage you to communicate directly with users, buyers, Suppliers and Providers through the tools available on this Platform or by other commercially available means that you might normally use in conducting transactions.

IT IS YOUR SOLE RESPONSIBILITY TO QUALIFY THE USER, BUYER, SUPPLIER OR PROVIDER THAT YOU CHOOSE TO DO BUSINESS WITH.

End User and Member Information

In consideration of your use of this Platform, you represent and warrant to APPROVALZOOM, that you are of legal age to form a binding contract and are not a person barred from agreeing to these Terms or using this Platform under the laws of the United States or any other jurisdiction. If you are registering as a business entity, you represent that you; (i) have the authority to bind the entity to these Terms; (ii) will provide true, accurate, current and complete information about yourself and/or company; and (iii) will maintain and make reasonable efforts to promptly update any information provided on or to this Platform and ensure that such information is true, accurate, current and complete. As a means to protect the integrity of this Platform, if we suspect you have not complied with these provisions, We reserve the right to suspend and/or terminate your access to and/or use of this Platform including any accounts you have such as your APPROVALZOOM account and all user profile information created or provided in connection with this Platform without notice.

Submission of Content

You understand that all information (including without limitation information provided when signing up for an APPROVALZOOM account or requesting quotes), data, text, software, photographs, images, graphics, videos, messages, logos, lists, data or any other materials in any format (collectively, "Content" or “Third Party Content”), whether publicly posted on (including any forums or other public areas) or privately transmitted through (whether to us, other users, Suppliers or Providers) this Platform, is the sole responsibility of the person from which such Content originated. This means that you, not APPROVALZOOM, are solely and exclusively responsible for all Content that you upload, post, list, email, transmit or otherwise make available via this Platform, which serves as an ISP and is a passive conduit for your online distribution and publication of that Content. Under no circumstances will APPROVALZOOM be liable for any Content posted by you or third parties, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, listed, emailed, transmitted or otherwise made available via this Platform. APPROVALZOOM does not monitor or control the Content posted on the Platform and  does not guarantee the accuracy, integrity or quality of Content.

You may not list any Content on this Platform (or consummate any transaction that was initiated using this Platform) that could violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party. Furthermore, you agree that you will not use this Platform and/or Our services or applications for chain letters, junk mail, "spamming" or commercial solicitations or to send any message or Content that (i) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (ii) contains viruses or other features that might contaminate or destroy this website; and/or (iii) otherwise gives rise to liability or violates any other applicable law.

Except as otherwise expressly provided herein or in the separately posted Privacy Policy, any communication or Content you post or list on the Platform or transmit to APPROVALZOOM by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, essays, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary and may be used by APPROVALZOOM, Suppliers and Providers (and their respective affiliates, agents or contractors) and other users for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast and posting, and for advertising, publicity or promotional purposes in any media, now known or hereafter conceived or created, without further permission, consent, payment or other consideration, unless prohibited by law. Furthermore, APPROVALZOOM is free to use any ideas, concepts, know-how or techniques contained in any such communication or Content for any purpose whatsoever, including without limitation developing, manufacturing and marketing products or services using information contained in such communication or Content.

ApprovalZOOM Content

Content posted by APPROVALZOOM (“APPROVALZOOM CONTENT”) may contain errors, omissions or typographical errors or may be out of date. APPROVALZOOM may change, delete or update any APPROVALZOOM CONTENT at any time and without prior notice. APPROVALZOOM CONTENT is provided for informational purposes only and is not binding on APPROVALZOOM in any way except to the extent it is specifically indicated to be so. Any use of APPROVALZOOM CONTENT posted on the Platform by APPROVALZOOM, except as specifically permitted in these Terms or as otherwise expressly permitted in the APROVALZOOM CONTENT or in a writing signed by APPROVALZOOM, is strictly prohibited.

Proprietary Rights

Unless otherwise noted, all APPROVALZOOM CONTENT, including the design and layout of this Platform, is protected by copyrights, trademarks, service marks, trade dress and other proprietary rights that are owned by APPROVALZOOM, its Suppliers, Providers or other third parties who have licensed their use to APPROVALZOOM and/or any other names of products or services provided by APPROVALZOOM referenced herein or on this Platform are either trademarks or registered trademarks of APPROVALZOOM and/or its partners. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.

You may view and use APPROVALZOOM CONTENT on this Platform to obtain information on companies, products, services, industries, news, data, quotes, inventory and/or any other information listed on this Platform and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, neither APPROVALZOOM nor its licencors grants to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the APPROVALZOOM CONTENT on or transmitted through this Platform, including without limitation by transferring, downloading or otherwise copying any such APPROVALZOOM CONTENT onto any disk drive, electronic device, smart phone, tablet or other storage medium, now known or hereafter developed.

If you wish permission to publish, broadcast or otherwise distribute APPROVALZOOM CONTENT on this Platform, please click here to make an inquiry to our "rights" department. Any reproduction permitted under these Terms must contain the following legal copyright notice:

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your Content has been copied in a way that constitutes a violation of your proprietary rights, , please provide the APPROVALZOOM copyright agent the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the Content that you claim is infringing is located on a APPROVALZOOM website, including the permanent URL, if possible;
  3. Your address, telephone number, facsimile number and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law; and
  5. A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The APPROVALZOOM Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Email: CopyrightAgent@ApprovalZoom.com with copy to:

Endymion Blue, LLC

Attn: Copyright Agent

160 SW 12th Avenue #106                 

Deerfield Beach, FL 33442

No Endorsement of Linked Third Party Websites

Links to other websites do not imply an endorsement or approval of the Content disseminated by publishers of those websites. APPROVALZOOM is not responsible for and does not control the information, content, products and/or services included on third party websites not the  availability, policies or practices of any website linked to this Platform. In addition, you may be bound by the terms of use and privacy provisions of other websites to which this Platform links.

Termination

These Terms are effective until terminated by either you or APPROVALZOOM. You may terminate these Terms at any time by destroying all APPROVALZOOM CONTENT and/or Content obtained from this website and all related documentation and all copies and installments thereof whether made under the terms of these Terms or otherwise. APPROVALZOOM may terminate your right to access or use the Platform or any feature or portion thereof or change, suspend or discontinue all or any aspect or portion of this Platform, or any service, feature or product offered through it, at any time, without notice or liability to you, any other user or any third party. Upon termination, you are no longer authorized to access the Platform and you must destroy all APPROVALZOOM CONTENT and Content obtained from this Platform and all copies thereof, whether made under these Terms or otherwise. The restrictions imposed on you with respect to the APPROVALZOOM CONTENT and Content, and the disclaimers, indemnities and limitations of liabilities set forth in these Terms survive termination of these Terms.

Disclaimer

APPROVALZOOM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PLATFORM NOR THE APPROVALZOOM CONTENT, SERVICES, DATA AND/OR INFORMATION INCLUDED THEREIN (COLLECTIVELY “THE PLATFORM”).  THE PLATFORM IS PROVIDED FOR USE "AS IS" AND "AS AVAILABLE" AND MAY NOT BE AVAILABLE, ACCURATE, COMPLETE OR TIMELY. APPROVALZOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PLATFORM, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES LISTED ON THIS PLATFORM.

APPROVALZOOM MAKES NO REPRESENTATIONS AND WARRANTIES THAT : (I) THE PLATFORM, APPROVALZOOM CONTENT, THIRD PARTY CONTENT AND/OR LINKS INCLUDED ON THE PLATFORM WILL MEET YOUR REQUIREMENTS AND/OR ARE FIT FOR ANY PARTICULAR PURPOSE; (II) THE PLATFORM OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (III) THE PLATFORM AND/OR THE SERVER AND/OR OTHER TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT APPROVALZOOM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPROVALZOOM MAKES NO REPRESENTATIONS AND WARANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, ACCURACY AND COMPLETENESS OF THE PLATFORM IS ASSUMED SOLELY BY YOU. ALL PRODUCTS AND SERVICES LISTED ON THE PLATFORM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, SUPPLIERS AND/OR PROVIDERS. ACCORDINGLY, APPROVALZOOM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY CONTENT, PRODUCT OR SERVICE LISTED ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, IS APPROVALZOOM, ITS AFFILIATES, SUBSIDIARIES, AGENTS, PARTNERS, LICENSORS, CO-BRANDERS, SUPPLIERS, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND INFORMATION PROVIDERS (COLLECTIVELY, "APPROVALZOOM PARTIES") LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE THE PLATFORM EVEN IF AN APPROVALZOOM PARTY OR AN APPROVALZOOM PARTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AN APPROVALZOOM PARTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS PLATFORM.

Indemnity

You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless APPROVALZOOM PARTIES from and against any claims, liability, losses, costs and expenses (including but not limited to reasonable attorneys' fees) that arise in connection with any violation of these Terms by you and any use or alleged use of this Platform whether or not authorized by you. APPROVALZOOM PARTIES reserve the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with APPROVALZOOM PARTIES  defense of such claim.

Mobile Services

This Platform may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Suppliers and Providers about their products or services, receive and reply to messages from APPROVALZOOM and access certain other information and features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that APPROVALZOOM may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to APPROVALZOOM. If you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information on the Platform to ensure that the messages APPROVALZOOM intends to send to you are not sent to another entity that acquires such mobile telephone number.

Governing Law and Jurisdiction

This Platform is controlled and operated by APPROVALZOOM from its offices in the State of Florida, United States of America. Access to or use of this Platform is not construed as APPROVALZOOM'S purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Florida. APPROVALZOOM makes no representation that Content on this Platform is appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and APPROVALZOOM consent to bring any action to enforce these Terms in the federal or state courts located in the County of Broward, State of Florida, United States of America. Additionally, these Terms are governed by and construed in accordance with, and any claims brought against APPROVALZOOM are governed by, the laws of the State of Florida, United States of America without regard to its choice of law principles.

Software and other technology (collectively Software”) used in connection with this Platform may be subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya, Cuba or any other country to which the United States has embargoed goods; (ii) to a national or resident of same; or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using this Platform and/or any Software provided in connection therewith, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.

Miscellaneous

These Terms constitute the entire agreement between the parties relating to the subject matter herein. No waiver by APPROVALZOOM of any breach or default hereunder is deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms and has no affect on the validity and enforceability of any remaining provisions. The headings and captions in these Terms are intended for convenience only and do not affect the interpretation of the Terms.

APPROVALZOOM is not liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet, Platform, Software and/or other data networks.

Copyright © Endymion Blue, LLC. All Rights Reserved