ITEL Now Account Registration

Complete the form below to register for an ITEL Now account. If you don’t have a mobile toolkit for flooring or siding and roofing, please check the appropriate box and you’ll be redirected to the ITEL Supplies order page after registration.
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Device Type:
Order ITEL mobile toolkits for:
Flooring - Smartphone compatible - $165
Flooring - Tablet compatible - $172
Siding and Roofing (All Devices - $49)
Bundle: Flooring + Siding/Roofing (Smartphone compatible - $207)
Bundle: Flooring + Siding/Roofing (Tablet compatible - $214)
I already have the kit(s) I need
                    SYSTEM LICENSE AGREEMENT
This System License Agreement (“Agreement”) is a legal agreement between you (“User,” “you” or “your”) and ITEL Laboratories, Inc. (“ITEL,” “we,” “our” or “us”) governing your use of ITEL’s “ITEL Mobile Lab” mobile application (the “Mobile App”), Hardware Products (as defined herein) and other related products and services (together, the “System”).

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE “I ACCEPT THE TERMS IN THE SYSTEM LICENSE AGREEMENT” BUTTON, ACCESSING OR USING THE SYSTEM, OR POSTING ANY CONTENT FROM OR THROUGH THE SYSTEM, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. TO RECEIVE, INSTALL OR USE THE SYSTEM, YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.

1. Your License
Subject to the terms of this Agreement, ITEL grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to access and use the System solely to transmit User Content to ITEL in accordance with this Agreement. The System includes our website, any mobile applications, software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto, and Hardware Products provided to you by ITEL. You will be entitled to download updates to the software comprising the Mobile App, subject to any additional terms made known to you at that time, when ITEL makes these updates available.

While we want you to enjoy your use of the System, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any ITEL system or network using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with ITEL referencing this Section 1 that expressly grants you an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from ITEL; (iii) permit any third party to use and benefit from the System via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the System or any ITEL service or product, work around, bypass, or circumvent any of the technical limitations of the System, use any tool to enable features or functionalities that are otherwise disabled in the System, or decompile, disassemble or otherwise reverse engineer the System, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the System, prevent access to or use of the System by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the System except as expressly allowed under this section.

2. ITEL Account Registration
You must open an account with ITEL (an “ITEL Account”) to use the System. Our registration process will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions in order to access and use the System. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate your ITEL Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the account registration requirements.

3. Software
The software associated with the Mobile App is part of the System. Among other things, the software enables you to access and use the System. You must install any and all software updates to continue to use the System.

4. Compatible Mobile Devices and Third Party Carriers
Your ITEL Account permits you to transmit User Content (as defined herein) to ITEL on compatible mobile devices. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to those with disabled hardware or software controls—sometimes referred to as “jail broken”—are not compatible mobile devices. Your use of the System may be subject to the terms of your agreements with your mobile device manufacturer and your carrier. You are responsible for all data charges and any other charges payable to your mobile device manufacturer and your carrier.

5. Restricted Use of Hardware Products
ITEL-provided hardware products (“Hardware Products”), including without limitation the physical stands provided by ITEL for use with a mobile device, are for your use solely with the System, and you may not act as a Hardware Product reseller or distributor. You may not act as an aggregator or service bureau or otherwise distribute, sell, lease or lend the Hardware Products to any third party unless that third party has also agreed to the terms of this Agreement. Any ITEL-provided hardware products that you receive from a third party shall be deemed “Hardware Products” and shall remain subject to the terms of this Agreement. You may not use the Hardware Products in connection with (i) any mobile application other than the Mobile App or (ii) any services other than those provided by ITEL. All Hardware Products remain owned by ITEL during the Term and thereafter. Upon request from ITEL and upon termination of this Agreement pursuant to Section 9, you will return to ITEL at ITEL’s expense all Hardware Products provided to you.

6. Taxes
In the event that ITEL is required to collect and remit any foreign, federal, state or local sales, use or other taxes, excluding only taxes based on ITEL’s net income (collectively, “Taxes”) in connection with your use of the System, you will pay any such Taxes promptly following receipt of invoice therefor from ITEL.

7. Your Content
In connection with your ITEL Account and your use of the System, you may be able to upload or provide to ITEL photos and other materials or information (collectively, “User Content”). You agree that you will not upload or provide any User Content unless you have created that content yourself or you have permission from the content owner to do so and to grant the licenses set forth herein.

You retain all rights in your User Content, subject to the rights granted to ITEL in this Agreement. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable right to use, reproduce, modify, adapt and prepare derivative works of your User Content in order to provide the System and promote ITEL’s business.

You agree not to upload or provide User Content or otherwise post, transmit, distribute, or disseminate through the System any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; or (e) in ITEL’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the System, or may expose ITEL, its affiliates or its customers to harm or liability of any nature.

Although ITEL has no obligation to screen, edit, or monitor any User Content, ITEL reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content or your access to the System without notice if you violate the terms of this Agreement.

8. Security
We have implemented technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes.

9. Termination
You may terminate this Agreement by closing your ITEL Account at any time. We may terminate this Agreement or suspend or close your ITEL Account for any reason or no reason at any time upon notice to you. We may also suspend the System and access to your ITEL Account if you (a) have violated the terms of this Agreement, any other agreement you have with ITEL, or ITEL’s policies, or (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.

10. Effect of Termination
If your ITEL Account is terminated or suspended, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the System and to return all Hardware Products to ITEL promptly following such termination or suspension, (c) that the license provided to you under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that ITEL shall not be liable to you or any third party for termination or suspension of access to the System or for deletion of your information or account data. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the System, or in connection with any termination or suspension of the System. Any termination of this Agreement does not relieve you of any obligations to pay any fees earned and costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

11. Ownership
All components of the System made available hereunder are licensed and not sold. ITEL reserves all rights not expressly granted to you in this Agreement. As between you and ITEL, ITEL owns all rights in the System, including those protected by patent, copyright, trademark, trade secret and other intellectual property laws. This Agreement does not grant you any rights to ITEL’s trademarks or service marks.

We welcome your feedback, comments and ideas about the System, including those about how to improve the System or our other products (collectively, “Feedback”). However, by submitting any Feedback, you agree that your disclosure may be used by ITEL without restriction and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. By acceptance of your submission, ITEL does not waive any rights to use similar or related ideas previously known to ITEL, or developed by its employees, or obtained from sources other than you.

12. Indemnity
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (b) your wrongful or improper use of the System; (c) any materials or information submitted by you through the System (including without limitation the accuracy of any User Content); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any law, rule or regulation of the United States or any other country; or (f) any other party’s access and/or use of the System with your unique name, password or other appropriate security code.

13. User Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register an ITEL Account and use the System and have the right, power, and ability to enter into and perform under this Agreement; (c) you will comply with all federal, state, and local laws, rules, and regulations applicable to you; (d) you will not use the System, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the System; and (e) your use of the System will be in compliance with this Agreement.

14. No ITEL Warranties
THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SYSTEM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITEL OR THROUGH THE SYSTEM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

15. Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITEL, ITS SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE OR OTHERWISE CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SYSTEM EXCEPT TO THE EXTENT RESULTING FROM ITEL’S GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES EXCEPT TO THE EXTENT RESULTING FROM ITEL’S GROSS NEGLIGENCE WILL ITEL BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SYSTEM OR YOUR ITEL ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITEL, ITS SUPPLIERS AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY, EXCEPT TO THE EXTENT RESULTING FROM ITEL’S GROSS NEGLIGENCE, FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO OR USE OF THE SYSTEM; (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY; (III) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SYSTEM; AND/OR (IV) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ITEL, ITS SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY ITEL IN CONNECTION WITH YOUR USE OF THE SYSTEM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE (EXCEPT FOR GROSS NEGLIGENCE TO THE EXTENT SET FORTH ABOVE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ITEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The hosted portion of the System is controlled and operated from facilities in the United States. Those who access or use the System from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the System if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials accessible through the System are solely directed to individuals, companies, or other entities located in the United States.

16. Third Party Products
ITEL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY HARDWARE PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ITEL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO ITEL FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. The aforementioned notwithstanding, you may contact ITEL which may, in its discretion, assist you with service and support related to such products.

17. Governing Law; Forum; Equitable Relief
This Agreement will be governed by Florida law and applicable federal law as applied to agreements entered into and to be performed entirely within Florida, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Any dispute hereunder may be brought in, and you hereby consent to the jurisdiction of and venue in, the state courts in the City of Jacksonville, Florida, or federal court for the Middle District of Florida. Notwithstanding the foregoing, you acknowledge that any breach of this Agreement by you would cause irreparable injury to ITEL for which monetary damages may not be an adequate remedy, and therefore, in addition to other available remedies, in the event of such breach ITEL shall be entitled to seek appropriate injunctive relief and other equitable remedies in any court of competent jurisdiction without the posting of any bond.

18. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any dispute hereunder must commence within one year after the cause of action accrues.

19. Right to Amend
We may change or add to the terms of this Agreement at any time by providing you with notice of the revised terms, including by such notice on our website at https://www.itelinc.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. In order to continue to use the System thereafter, you may be required to agree to the revised terms. If you do not agree to such revised terms, you may terminate this Agreement pursuant to Section 9.

20. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ITEL without restriction.

21. Other Provisions
Except as expressly provided in this Agreement, these terms are the complete statement of the agreement between you and ITEL, and they describe the entire liability of ITEL and its vendors and suppliers and your exclusive remedy with respect to your access and use of the System. In the event of a conflict between this Agreement and any other ITEL agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that ITEL may have under trade secret, copyright, patent, or other laws. ITEL’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

22. Survival
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 5-8, 10-18 and 20-23.

23. Additional App Terms
In addition to the terms set forth above, the following terms (the “Additional App Terms”) apply to your use of the Mobile App if you have obtained it from the Apple App Store. In the event of any conflict between the Additional App Terms and the remainder of the Agreement, the Additional App Terms will prevail.
	a. The Agreement is concluded between ITEL and you only, and not with Apple, Inc. (“Apple”). As between ITEL and Apple, ITEL, not Apple, is solely responsible for the Mobile App and the content thereof.

	b. The license granted to you for the Mobile App is limited to a non-transferable license to use the Mobile App on an Apple-branded product that runs the iOS operating system that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

	c. As between ITEL and Apple, ITEL is solely responsible for providing any maintenance and support services with respect to the Mobile App, as may be specified in the Agreement or as required under applicable law. ITEL and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

	d. As between ITEL and Apple, ITEL is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by the Agreement. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and as between ITEL and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ITEL’s sole responsibility.

	e. As between ITEL and Apple, ITEL, not Apple, is responsible for addressing any claims by you or a third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

	f. As between ITEL and Apple, in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, ITEL, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property claim.

	g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

	h. Any questions, complaints or claims with respect to the Mobile App should be directed to ITEL at the address set forth on ITEL’s web site.

	i. You must comply with applicable third party terms of agreement when using the Mobile App.

	j. Apple and Apple’s subsidiaries are third party beneficiaries of these Additional App Terms. Upon your acceptance of the terms and conditions of these Additional App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Additional App Terms against you as a third party beneficiary hereof.
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