SUBHUBB, LLC                                   

End User License Agreement and Terms of Use for Mobile App

This End User License Agreement (“Agreement”) is a binding agreement between you (“End User,” “You,” or “Your”) and SubHubb, LLC (“SubHubb”).  This Agreement governs Your use of SubHubb’s [SubHub®] mobile application (including all related software and documentation, the “Application”). 

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS OF THIS AGREEMENT.  THIS AGREEMENT CONTAINS CONTRACTUAL RESTRICTIONS ON YOUR RIGHTS TO USE THE APPLICATION, RESTRICTIONS ON RIGHTS YOU CAN ENFORCE AGAINST SUBHUBB, AND LIMITATIONS OF SUBHUBB’S LIABILITY.  BY CLICKING THE [“AGREE”] BUTTON AND DOWNLOADING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOUR ACCESS TO THE APPLICATION WILL BE TERMINATED AND YOU WILL NOT BE ABLE TO DOWNLOAD THE APPLICATION, WHICH WILL PREVENT YOU FROM USING OR ACCESSING THE APPLICATION AND THE INFORMATION CONTAINED THEREIN.

FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THIS AGREEMENT (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THIS AGREEMENT DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.

  1. Purpose; Operation of Application; License Grant. 

(a)        The Application allows you, the “Subscriber” to automate communication from the Subscriber to multiple subcontractors (i.e., carpenters, electricians, plumbers, demolition crews, drywallers, and painters), provide feedback on subcontractor responsiveness, and prompt the Subscriber and subcontractors to take preemptive actions when risks of project delay arise. You hereby represent and warrant that any and all information you enter into the Application or otherwise provide to SubHubb in connection therewith is your sole responsibility and that SubHubb is not liable for the consequences of any information inaccuracies including, but not limited to sending emails and texts to the wrong parties..   The Application can be used with iPhone devices as well as Android devices (“Mobile Devices”).  YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION DOES NOT CONSTITUTE AND SHOULD NOT BE CONSIDERED THE PRACTICE OF ANY CONSTRUCTION OR MECHANICAL ENGINEERING ADVICE.

(b)       Subject to the terms of this Agreement, SubHubb grants You a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for Your personal or commercial use on a single Mobile Device owned  or otherwise controlled by You; and (b) download and use on such Mobile Device the Content and Services (defined below) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use (defined below) applicable to such Content and Services.  The license you have been granted herein is limited to a non-transferable license to use the Application on a Mobile Device that is owned or controlled by you.   In addition, you must comply with the terms of any third-party agreement applicable to you when using the Application, such as your wireless data service agreement.  

(c)        You acknowledge and agree that (i) the Application is provided under license, and not sold, to You, and (ii) You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.  SubHubb and its licensors and service providers, each reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except for such limited rights as are expressly granted to You in this Agreement.

(d)       Any instance of the Application that SubHubb makes available to access or download from the SubHubb Website (defined below) or through your mobile application store, including Google Play Store or the Apple Application Store, (“App Store”) is the copyrighted work of SubHubb and/or its respective suppliers.  Your use of the Application is governed by the terms of this Agreement and any other end user license agreement, if any, required by the applicable App Store (“App Store Agreement”).  The Application is warranted, if at all, only according to the terms hereof and the applicable App Store Agreement.  Your Mobile Device must be connected to the Internet for the Application to function correctly.  You are responsible for making all arrangements necessary for your Mobile Device to have Internet connectivity and are responsible for all fees your service provider may charge you arising out of the Application transmitting and receiving data (including but not limited to data roaming charges).  The operator of any App Store from which the Application is made available is not a party to this Agreement and does not own and is not responsible for the Application, is not responsible for maintenance or other support services for the Application, and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.  You acknowledge and agree that such App Store operators are third party beneficiaries to this Agreement and that upon your acceptance of this Agreement, such operators will have the right as a third party beneficiary (and will deemed to have accepted the right) to enforce the terms hereof against you.

 

(e)        Any inquiries, comments or complaints relating to Your use of the Application, including those regarding intellectual property rights, must be directed to SubHubb as follows:  By email:  [admin@SubHubApp.com]; By US Mail:  SubHubb, LLC, 6825 N. Lincoln Avenue, Lincolnwood, IL  60712; or by telephone:  (847) 763-1100, Ext.: ___.

 

  1. License Restrictions.  You shall not:  (a) copy, distribute, disseminate, or allow access by others to the Application, in whole or in part, except as expressly permitted by this Agreement; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign , distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or (g) use the Application as a substitution for professional construction advice.

  2. Consent to Collection and Use of Data.  As further described in our [Privacy Policy], the Application will automatically transfer relevant data as part of its normal operation, relating to how you use the Application, which content you access, and technical errors or problems which the Application may encounter while being used, including time stamps, version of Application and/or Mobile Device, the Mobile Device’s Unique Device Identifier (UDI), computer operating system you use (e.g., Android or iOS), installation data (e.g., daily installs, upgrades and uninstalls), Application activity, and error-reporting information (collectively, “Operational Data”).  By using the Application, you expressly acknowledge, agree and consent to the automatic collection and use of this Operational Data by SubHubb for any lawful purpose.  You further acknowledge and agree that SubHubb and Subscriber may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information you input into the Application or otherwise provide in connection with your use of the Application as specified in SubHubb’s Privacy Policy, as well as personal information, user location data and user content (collectively, “End User Data”).  You acknowledge and agree that such Operational Data and End User Data can be used by SubHubb and its affiliates to facilitate the provision of the services or functionality of the Application, to provide services to Subscriber and SubHubb’s other subscribers, and otherwise for the performance of SubHubb’s business, including but not limited to authentication, performance optimization, software updates, product support and other services to You related to the Application or to otherwise improve SubHubb’s ability to provide other services (if any) to You related to the Application. You further acknowledge and agree that such Operational Data and End User Data may be shared with third parties in accordance with the Privacy Policy.  BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING THE APPLICATION, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF OPERATIONAL DATA AND END USER DATA AS PROVIDED HEREIN.  By continuing to use the Application, You indicate Your continued consent to such use, collection, storage, processing maintenance, uploading, syncing, transmitting, sharing, and disclosure of data of the type and in the manner described in the SubHubb’s Privacy Policy (located at https://subhubapp.com/privacy (“Privacy Policy”). 

  3. .  SubHubb will have the perpetual and  unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by End User or any other party using the Application relating to the Application. 

  4. User Account Registration.  You must register a User Account in order to use the Application.  The Application’s registration process will ask You for certain information including Your first and last names, email address, mobile number and password.  You must provide accurate and complete information in response to the Application’s questions.  You must also keep the information that You provide up-to-date.

  5. Content and Services.  The Application may provide You with access to SubHubb’s website located at www.SubHubApp.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”).  Your access to and use of certain features and functions, either via the Website of the Application, such as text and email communications to subcontractors,  may require a fee-based subscription, the pricing and frequency of which is at the sole discretion of SubHubb.  Content and Services are governed by SubHubb’s Website Privacy Policy, the terms of which are incorporated herein by this reference.  Your acceptance of the Terms of Use contained herein and Privacy Policy and/or to register with the Website, and Your failure to do so may restrict You from accessing or using certain of the Application’s features and functionality.  Any violation of these Terms of Use will also be deemed a violation of this Agreement.

  6. Geographic Restrictions.  The Content and Services are based in the United States and provided for access and use only by persons located in the United States.  You acknowledge and agree that You may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries.  If You access the Content and Services from outside the United States, You assume all risks associated therewith and are solely responsible for compliance with local laws.

  7. .  SubHubb may from time to time in its sole discretion develop and provide modifications or updates to the Application, which may include modifications, upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality of the Application.  You agree that SubHubb has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Application.  Based on Your Mobile Device settings, when Your Mobile Device is connected to the Internet, either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates.  You  agree to promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate if You fail to do so.  You further acknowledge and agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  8. Disclosures and Notices.  You agree that SubHubb can provide the Agreement, Privacy Policy (and revisions and amendments), payment authorizations, disclosures, notices required by law and any other matter relating to Your use of the Application to You electronically by posting it on the Application. You also agree that electronic disclosures and notices have the same meaning and effect as if SubHubb had provided You a paper copy thereof.  Such disclosures and notices are considered received by You within 24 hours of the time it was posted to the Application.

  9. Third-Party Materials.  The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”).  You acknowledge and agree that SubHubb is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.  SubHubb does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials.  Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions and privacy policies.

  10. Term and Termination.

    • The term of this Agreement begins when You download the Application and will continue in effect until terminated by You or SubHubb as set forth in this Section 11.

    • You may terminate this Agreement and all rights and licenses granted hereunder by SubHubb by deleting the Application and all copies thereof from Your Mobile Device.

    • SubHubb may terminate this Agreement at any time without notice if SubHubb ceases to support the Application, which SubHubb may do in its sole discretion, or if the Subscription Agreement expires or is terminated.Additionally, Your rights under this Agreement will terminate automatically without notice from SubHubb if you fail to comply with any of the terms hereof or of these Terms of Use.

    • Upon termination, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.Termination will not limit any of SubHubb’s rights or remedies at law or in equity.Any terms hereof that, in order to be given proper effect must survive termination hereof, shall so survive.

  11. Intellectual Property Rights.  Except as otherwise indicated, all content on the Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of SubHubb or its licensors and is protected by United States and international copyright and/or trademark laws. SubHubb allows you to view or download a single copy of the material on the Application. The compilation of all content on the Application is the exclusive property of SubHubb or its licensors and is protected by United States and international copyright laws.  Unless specifically authorized in writing by SubHubb, any use of these materials, or of any materials contributed to the Application by entities other than SubHubb, on any other Web site or networked computer environment for any purpose is prohibited.  The proprietary marks of SubHubb or third parties may be designated as such from time to time on the Application through use of the TM, SM, or ® symbols. Application Users are not authorized to make any use of SubHubb’s name, logo, or other trademarks (including but not limited to the marks SubHubb® and SubHub™) or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by SubHubb or the applicable third party.

  12. NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING.  Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (A) is made: (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.  An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.  Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

  13. Disclaimer of Warranties.  END USER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR AND WILL EXERCISE ITS OWN INDEPENDENT JUDGMENT IN:  (I) MAKING ANY RECOMMENDATIONS OR DECISIONS OF ANY KIND RELATING TO ITS BUSINESS OPERATIONS; AND (II) DETERMINING WHETHER ANY PARTICULAR EQUIPMENT OR SOLUTION IS SUITABLE, APPROPRIATE OR ADVISABLE FOR IT AND/OR ITS WORKERS.  END USER ACKNOWLEDGES AND AGREES THAT IT SHALL AT ALL TIMES REMAIN RESPONSIBLE FOR ITS AND ITS EMPLOYEES COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.  NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO IMPLY THAT SUBHUBB IS PROVIDING LEGAL OR COMPLIANCE ADVICE TO END USER OR SUBSCRIBER, OR ASSESSING THE SUITABILITY OF ANY SUBCONTRACTOR OR INDIVIDUAL, OR OF ANY BONDING OR INSURANCE REQUIREMENTS.  SUBHUBB’S OBLIGATIONS TO END USER ARE LIMITED SOLELY TO THE ACCESS TO THE APPLICATION AS DESCRIBED HEREIN.  NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A WAIVER OR LIMITATION OF ANY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED AT LAW.  END USER IS SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ITS RELIANCE ON ANY THIRD PARTY MATERIALS THAT SUBHUBB OR SUBSCRIBER MAY PROVIDE IN CONNECTION WITH THE APPLICATION.  THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SUBHUBB, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.  WITHOUT LIMITATION TO THE FOREGOING, SUBHUBB PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  14. Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUBHUBB OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSIBLE VIA THE APPLICATION, AND/OR ANY THIRD PARTY WEB SITE OR THIRD-PARTY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, CONTENT, SERVICES, AND/OR THIRD-PARTY MATERIALS IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES.  THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) SHALL NOT GOVERN ANY ASPECT OF THIS AGREEMENT.  THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SUBHUBB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  15. .  End User hereby assumes all risk of and liability for loss or damage to property owned by End User or third persons, and injury to or death of any persons, for any reason, including at all related to your use of the Application.  You agree to indemnify, defend, and hold harmless SubHubb and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to Your use or misuse of the Application, your reliance on any information or content access or received via the Application, or Your breach of this Agreement, including but not limited to the content You submit or make available through the Application.

  16. Export Restrictions. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations.  You shall not directly or indirectly make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation, or use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.  In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By using the Application, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use the Application for any purpose prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear, missiles or chemical or biological weapons.

  17. US Government Rights.  The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101.  Accordingly, if You are an agency of the US Government or any contractor therefor, You receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government End Users and their contractors.

  18. .  If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement (including without limitation Section 14 or 15 hereof), is invalid, illegal, or unenforceable, the remainder of this Agreement shall be deemed terminated.

  19. Governing Law.  This Agreement is governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.  Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.  You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.  By using the Application, you agree that SubHubb, at its sole discretion, may require you to submit any disputes arising from this Agreement or Your use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules.  Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Illinois as set forth above.  Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this Section, except as may be required by statute.

  20. Limitation of Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  21. Entire Agreement; Waiver.  This Agreement, the Terms of Use (as applicable) and our Privacy Policy constitute the entire agreement between You and SubHubb with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 I’m not certain why this is necessary. I imagine that  the information that the Supervisors enter into the app will, at a minimum, be “incomplete” on a regular basis.

 This application is specifically intended for commercial use. Personal use does not make sense in the context of what the app does.

 How does this work if a subscriber wants to purchase multiple licenses and deploy to their construction supervisors?

 A company needs to be able to assign the licenses to their employees.