Terms of Use

Home
/
Terms of Use

Last modified: March 15, 2022

TERMS AND CONDITIONS

Introduction

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO UNDERSTAND OUR POLICIES REGARDING YOUR USE OF OUR APP. IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, OR USE THIS APP.

We at IMPOREX GLASS TOOLS, INC. d/b/a IGT Glass Hardware, a Florida corporation (“Company”, “Us, “Our”, or “We”) respect your use of this App. To facilitate your use, We have developed these Terms and Conditions. These Terms and Conditions, together with the documents referenced herein, are collectively the referred to as the “Terms of Use”.

These Terms of Use apply to the mobile application named “Marcus” (the “App”). We permit you to use the App in connection with the services We provide and any applicable rules applied by Apple Inc. (“App Store Rules”) and Google Inc. (“Play Store Rules”) in regards to the use and access of their App Store and Play Store respectively located at https://www.apple.com/itunes (“App Store”) and https://play.google.com/store (“Play Store”). You (“you,” the App user) may only utilize the App in accordance with these Terms of Use.

PLEASE NOTE, by downloading, installing, or using this App, you hereby agree to these Terms of Use and all referenced/adjoining policies herein. Your use of this App means you agree to be bound by these Terms of Use and acknowledge these Terms of Use may be enforced against you. These Terms of Use may change from time to time. Your continued use of this App after we revise these Terms of Use means you accept those changes. You are hereby encouraged to revisit this Privacy Policy periodically for updates.

Additional Notices

The use of this App is to facilitate the service production of glassware and its ancillary accoutrements. Both service vendors and recipients of services may be accessing the App. These Terms of Use apply generally across the board. As a service vendor or recipient of services you may be subject to other additional agreements with Us. These Terms of Use apply directly to the use of the App, you may be subject to other agreements with Us outside or in conjunction with the services related to this App. These Terms of Use apply to use of the App and do not change or alter any other contract or agreement between you and Us.

  • Contact Information. For technical issues with this App or if you wish to contact Us, you may reach Us by sending an email to [email protected].
  • Privacy Policy. We maintain a separate privacy policy, please refer to that policy concerning our privacy policies and practices in regard to information shared and/or collected by the App. A copy of our privacy policy can be accessed here
  • Third-Party Content. The App may contain links to independent or unrelated third-party websites and/or applications (“Third-Party Sites”). Third-Party Sites are not under Our control. You specifically agree that We are not responsible for and do not endorse or monitor the content or policies, if any, of Third-Party Sites. We expressly disclaim any liability for any damages or loss sustained by you as a result of Third-Party Sites.
  • Country Restrictions. By use of this App, you represent and warrant that you are not located in a country that is subject to a United States of American embargo or located in a country that is designated by the United States of America as a terrorist supporting country; and that you are not listed on any United States of America list of prohibited or restricted parties, or any other similar restrictions.
  • Access. We unilaterally reserve the right to modify, suspend, or discontinue the App without notice for any reason and for any period of time without liability to you, except where prohibited by applicable law.
  • Network Connectivity. The App is provided over the internet and/or mobile networks and thus the quality and availability of the App may be affected by factors outside our reasonable control. We hereby do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
  • Use Blockage. We may, for any reason and in Our sole discretion, block, terminate, or suspend your access to the App at any time without notice, even if access continues to be allowed to others. Upon our blocking, terminating, or suspending your access, you must cease use of the App and remove it from all applicable Devices.

Access

In order to activate and/or use the App, it is generally understood that you must have a compatible device which meets the following minimum specifications (per the date “Last Modified”): for Apple devices, requires iOS 8 or later; for Android, 4 and up. Any compatible device used to access the App will be referred to as “Device” herein these Terms of Use.

  • You hereby affirm and confirm that you own the Device or if not owned by you, you are authorized to install and use the App on the Device.
  • You accept full responsibility for any use of the App on the Device, regardless of personal ownership of the Device.

In some instances, in order to access certain areas and features of the App, you must have an account. To set up your account will require you to contact Us and register with Us. This may require you to provide Us with certain information and licensures. Additionally, you may be required to agree to additional disclosures, disclaimers, and/or authorizations with regard to your account access and status. We reserve the unilateral right to approve or deny any registration, in our sole discretion. You will supply Us with a username and password that you have created. You are responsible to maintain that username and password. To deactivate your account, you will need to contact Us. Simply uninstalling the App may not deactivate your account.

Updates

We reserve the right to issue updates to the App, which then may be made available in the App Store and Play Store. In some instances, you may not be able to use, or access all the features of, the App until you have installed the latest version issued.

Supplied Intellectual Property

The App may allow you to upload your own intellectual property, for example a logo, trade name, or brand identifier (collectively “Vendor IP”). You hereby grant Us a non-exclusive, non-transferable right to use and/or reproduce the Vendor IP in relations the services conducted in association with the App. Additionally, you hereby agrees to indemnify, defend and hold Us and our officers, directors, employees, agents, successors and assigns of both, harmless from and against any and all claims, debts, obligations, damages, losses, liabilities and expenses (including reasonable attorney’s fees), arising out of, resulting from or related to any action, suit or proceeding, incurred or suffered by Company to the extent of the infringement, misappropriation, dilution or violation of the intellectual property rights or privacy rights of any third-party in connection with the provision of Vendor IP by you or your agents.

In the event that you elect to share information with Us through the App or otherwise, you agree and acknowledge that:

  • all information supplied by you is either original to you, or you have the right to share it with the Us;
  • We may utilize the information you supply, in whole or in part, in any manner in connection with the App;
  • any modifications or improvements made to the App or Our products or services as a result of your feedback are owned and controlled solely by Us;
  • you have no right, interest, or title in, or to, the App as a result of sharing your feedback.

Do not submit any confidential, proprietary, or personal information to Us that you do not want to be utilized per these Terms of Use, our privacy policy, or any other of our policies.

License

Subject to these Terms of Use, our privacy policy, our End User License Agreement, and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App on the Devices for the purposes of facilitating the service production of glassware and its ancillary accoutrements. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. Additionally, We fully reserve the right to revoke any license given under these Terms of Use at any time and in Our sole discretion.

Except as expressly permitted under these Terms of Use, and unless prohibited by the applicable law, you specifically acknowledge and agree:

  • not to reproduce, reuse, copy, republish, post, upload, transmit, or distribute any content presented in or provided by the App. This includes, without limitation, for any public or commercial purposes;
  • not to lease, rent, loan, sub-license, time-share, distribute, or translate the App;
  • not to make alterations to, or modifications of, the App, or permit or allow the App to be combined with or incorporated in, any other programs or applications;
  • not to reverse-engineer, strip, decompile, disassemble, or create derivative works based on the App;
  • not to exploit, sell, or resell the App (including object and source code); and/or
  • not to remove any intellectual property, trademarks, service marks, copyright, or other proprietary rights notices from the App.

Further Restrictions

These are additional restrictions, beyond those mentioned elsewhere in these Terms of Use. As such, you agree:

  • not to use the App in any unlawful or criminal manner or purpose;
  • not to use the App in any manner inconsistent with these Terms or Use;
  • not to act maliciously in the use or access of the App, by way of example, hacking into the App, inserting code, viruses, tracking material, or otherwise harmful data;
  • not to use the App to transmit any information that is criminal, unlawful, generally defamatory, indirectly or directly threatening, passively or overly abusive, patently or potentially offensive, generally considered obscene, potentially indecent, discriminatory, or is otherwise commonly objectionable or that infringes on third-party rights;
  • not to use the App in a way that could compromise our systems or interfere with other users;
  • not to access the App in source code form;
  • not to track, collect, or seek to harvest any information or data from the App or our systems; and/or
  • not to attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App.

Our Intellectual Property Rights

You hereby agree and acknowledge that:

  • all intellectual property rights in and to the App belong to Us or Our licensors;
  • the rights granted herein (if any) are licensed to you subject to these Terms of Use; and
  • you have no rights in, or to, the App or its content other than the right to use the App in accordance with, and under the purview of, these Terms of Use.

All intellectual property, trademarks, service marks, trade names, branding, and logos are proprietary to Us or used by Us with the permission of third-parties (collectively “Company IP”). Nothing contained in this App should be construed, in any manner, granting, by implication, estoppel, or otherwise, any license or right to use any Company IP.

General Disclaimers & Limitation of Liability

The App is provided ‘AS-IS’ and, to the extent permitted by applicable law, We and Our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.

Any reliance on or use of the App shall be at your sole risk. You expressly agree that you use the App and/or any Third-Party Sites at your own risk. Additionally:

  • No Maintenance Requirement. We shall not have any obligation to furnish any maintenance and/or support services with respect to the App.
  • No Liability. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.
  • No Representations as to Accuracy or Completeness. We make no representation or warranty as to the completeness or accuracy of information or content provided in the App.
  • Subject to Change. Information on the App is subject to change at any time without notice.
  • User Error. We are not responsible for your errors. No refunds or replacements will be issued due to your errors. Please be advised, you could be subject to additional costs and fees due to your errors.
  • Illicit Activity. You acknowledge and agree that We are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored, or received using the App.
  • Functionality. We do not represent or warrant that the functions of the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.
  • Results not Guaranteed. We do not represent or warrant the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App. THIS SPECIFICALLY INCLUDES ANY MEASUREMENTS, ACCESSORIES, OR PARTS. YOU MUST REVIEW THE ALL CONTENT FOR ACCURACY OF YOUR ORDER. PLEASE BE ADVISED, YOU COULD BE SUBJECT TO ADDITIONAL COSTS AND FEES DUE TO FAILURE TO ENSURE ACCURACY OF THE MEASUREMENTS WE PROVIDE FOR YOUR REVIEW.
  • Device Issues. You agree and assume the entire cost of all necessary servicing, repair, or correction in respect of your Device.
  • Network Connectivity Issues. The App is provided over the internet and/or mobile networks and thus the quality and availability of the App may be affected by factors outside our reasonable control. We hereby do not accept any responsibility for any connectivity issues that you may experience when using the App.
  • Data Charges and Fees. You acknowledge and agree that you (and not us) are responsible for paying any data charges or fees that may be charged to you by your network or telecommunications provider in connection with your use of the App.
  • Events Beyond Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
  • Homeowner Failure of Payment. You, as an actual or potential vendor provider, acknowledge and agree to cover all costs and fees relating to any failure to pay of any customer, homeowner, or client of a project you submit for processing on the App under your account.
  • Homeowner Information. Your use of the App may require you to collect and provide to Us personal information of third-party homeowners and/or their representatives (collectively “Homeowner(s)”). You indemnify Us from your failure in not providing the Homeowner with the following notices in writing:
    • “If you provide us with a telephone number, you expressly agree that we, or our affiliates, can use that telephone number to contact you concerning the services we provide.”; and
    • “You acknowledge that any personal information disclosed by you to us, may be used by us for the purposes of the services we provide, and that same personal information may be disclosed by us to our affiliates, and may be stored by them in order to enable us, and our affiliates, to provide services to you.”

IN NO EVENT, SHALL WE BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, LOST PROFITS, LOST REVENUES, PUNITIVE OR ANY OTHER SIMILAR TYPES OF DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACTS OR TORT OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PROVIDED. WHETHER ARISING OUT OF THE USE THE APP, INABILITY TO USE THE APP, RESULTS OF THE USE OF THE APP, OR OTHERWISE.

Limited Warranty

We strive to provide the App as validly licensed, of satisfactory quality, fit for the purpose for which it was provided. If it is determined by a court of competent jurisdiction, or applicable law, that we failed exercise reasonable skill and care, and the App damages a Device, you may be entitled to compensation under the applicable consumer law. However, we will not be liable for your failure to correctly install the App, to install the latest version of the App, or to have in place the minimum system requirements. This limited warranty is subject to all other provisions of this Terms of Use.

Indemnification

You hereby agree to indemnify, defend and hold Us and our officers, directors, employees, agents, successors and assigns of both, harmless from and against any and all claims, debts, obligations, damages, losses, liabilities and expenses (including reasonable attorney’s fees), arising out of, resulting from or related to any action, suit or proceeding, incurred or suffered by Company that arise out of your use of the App in breach of these Terms of Use. We unilaterally reserve the right to assume the exclusive defense and control of any claim brought by a third-party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.

App Store/ Play Store

With respect to downloading the App, you acknowledge and agree to comply with the App Store Rules and Play Store Rules. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. You agree and acknowledge that the App Store and Play Store are third-party beneficiaries to these Terms of Use and will have the right to enforce these Terms of Use against you.

Choice of Law

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to the conflicts of law principles thereof. The parties agree that any action arising under this Agreement shall be brought exclusively in a state or federal court located in the County of Miami-Dade, Florida, except, We may proceed in an action against You in any country of applicable jurisdiction if deemed reasonably necessary.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Us with respect to your use of the App. There shall be not be any amendment, modification, waiver or termination of these Terms of Use, except as prescribed above. If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal by any court of competent jurisdiction, the remaining provisions will remain valid and enforceable in accordance with Our original intent. Failure to enforce any provision of these Terms of Use by Us will not constitute or be construed as a waiver of such provision or of the right to enforce such provision by Us. No waiver by Us of any condition or provision of this Agreement shall be considered a waiver of any other condition or provision or of the same condition or provision at another time. We may transfer or assign our rights and obligations under these Terms of Use, but that will not affect your obligations under these Terms. You may not transfer or assign your rights, account(s), or obligations under these Terms of Use or with Us in general. These shall be binding upon and inure to the benefit of the parties hereto, and each of their respective successors and assigns. Headings are merely for ease of purpose. Such Terms of Use supersede all prior understandings or agreements between us. In addition, in entering into these Terms of Use you have not relied on and, in the absence of fraud, you shall have no right or remedy in respect of any statement, representation, assurance, or warranty other than as set out in these Terms of Use. No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Use and neither of you nor We have any authority of any kind to bind the other in any respect.

Binding Authorization

You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms of Use. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms of Use on behalf such entity.

Start typing and press Enter to search

Shopping Cart

No products in the cart.