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Mobile Application – Terms of Use

Last updated November, 2024

The Terms of Use (“Terms”) is a legal agreement between you and Intertape Polymer Group Inc. (the “Company”). The Terms govern your use of the mobile application (collectively, the “Application”).

PLEASE READ THE “DISPUTE RESOLUTION” SECTION BELOW CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED. IF YOU DO NOT AGREE TO THOSE DISPUTE RESOLUTION PROVISIONS, YOU SHOULD NOT ACCESS OR USE THE APPLICATION.
  • Acceptance of Terms; Modification. By accessing and using the Application or by uploading or posting any User Content (as defined below) to the Application, you are indicating that you have read, understand, and accept and agree to be bound by these Terms. Except as otherwise provided herein, the Company reserves the right, at its sole discretion, to modify or replace the Terms at any time. Any changes will be incorporated into the Terms, and you should check the Terms periodically for updates. Changes will be effective immediately and will apply only on a going-forward basis unless otherwise provided. Use of the Application following such modification constitutes your acceptance of the modified Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Application.
  • Limited License Grant. The Company grants you a personal, limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Application as set forth in these Terms. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by the Company. You may not remove or alter any of the Company’s trademarks and/or logos, any legal notices included in the Application and/or any related assets. Nothing in these Terms shall be construed as granting you any rights other than those expressly provided herein. All rights and licenses not expressly granted herein are expressly reserved by the Company.
  • Convenience, Links. The Application could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. The Company may make improvements and/or changes in the products and/or the Application described at any time. The Company makes no warranties that the Application will operate uninterrupted or error free or that defects will be corrected. The Company does not warrant that the Application are compatible with your computer equipment or that the Application is free of errors or viruses, worms or “Trojan horses” and the Company is not liable for any damage you may suffer as a result of such destructive features. Additionally, the Company makes no representations or warranties whatsoever about any third-party Application which you may choose to access through the Application. Links provided by the Company to such third-party Application are provided solely for your convenience and should not be deemed to imply that Company endorses those third-party Application or any content therein.
  • Restrictions. You agree not to (directly or indirectly), in connection with your use of the Application: (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Application or any component thereof; (ii) use or exploit the Application or any component thereof except solely as expressly permitted pursuant to these Terms; (iii) alter or remove any copyright, trademark, or other protective notices; (iv) reverse-engineer, decompile, or disassemble the Application; (v) use the Application in a manner that could, directly or indirectly, pose harm or other safety concerns, violate law, or in connection with unlawful or criminal activity; (vii) transmit or distribute any viruses, malware, or other harmful code; (viii) make the Application available as part of another web site whether by hyperlink framing on the internet or otherwise; or (ix) collect or compile data from the Application through manual or automated means.
  • Registration, Account Security. You may access some of the Application without registering for an account. You may, however, have the option to create an account when you use the Application. By creating such account, you agree to: (i) provide accurate, current and complete information about yourself as prompted (the “Registration Data”); (ii) maintain the security and confidentiality of your username and password; (iii) promptly update the Registration Data to keep it accurate, current and complete; (iv) ensure that others do not use your account; and (v) notify Company immediately in the event of unauthorized use of, or any other breach of security related to your account. If you provide any Registration Data that is inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such Registration Data is inaccurate, not current, or incomplete, Company may deny you access to Application requiring registration or terminate your account, at its sole discretion. You agree that Company is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein. You acknowledge and agree that Company is authorized to act on instructions received through use of your username and password.
  • User Content. The Application may enable you to submit, post, upload, or otherwise make available through the Application content such as photographs, messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. When submitting User Content on or through the Application, you agree to abide by these Terms. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You represent and warrant that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content on or through the Application without violating any third-party rights. When you submit User Content on or through your use of the Application, you grant the Company a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for any legitimate business purpose, in any media formats, and through any media channels. Notwithstanding the above, you shall retain your intellectual property rights in your User Content. You acknowledge and agree that the Company does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
  • Disclosures. You acknowledge, consent and agree that Company may access, preserve and disclose your Registration Data and User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with law or legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Company, its users and/or the public
  • Product Descriptions. Company does not guarantee that product descriptions or other content will be accurate or timely. Verification of information may be required prior to acceptance of any order through the Application. Moreover, Company reserve the right, with or without prior notice, for any or no reason, to: (i) change product descriptions, images, and references; to limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Application with any product or service; (ii) bar you and/or any other user from conducting any or all transaction(s); and/or (iii) refuse to provide you and/or any other user with any product. Further, if Company terminates your account or ability to use the Application because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments, or other consideration.
  • Push Notifications. The Application also may use push notifications to devices that support the transmission of such notifications or alerts. Company may use push notifications to send you messages regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Application, you may be asked to accept or deny push notifications on your device. If you deny, you will not receive any push notifications on that device. If you accept, push notifications will be automatically sent to you on that device. If you no longer wish to receive push notifications from the Application, you may opt out by changing your notification settings on your device. The device manufacturer, not Company, controls these notification settings.
  • Application Messaging.
    • We may send promotional and transactional mobile messages in various formats through the Application. Promotional messages promote our products and services and may include promotions, specials, and other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include confirmation receipts, notifications, updates, reminders, and other transaction-related information Mobile messages may be sent using automated technology, including an auto-dialer, automated system, or automatic telephone dialing system. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Application but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
    • By providing your mobile phone number to us, you are voluntarily opting into the Application and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at privacy@itape.com. Your participation in the Application is not required to make any purchase from us and your participation in the Application is completely voluntary.
    • If you wish to stop receiving mobile messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out.
  • Ownership. All title, ownership, and intellectual property rights in and to the Application are owned by the Company, or its respective licensors. You acknowledge and agree that the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application, in whole or in part. You may not use any of the Company’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with the Company’s consent, and you acknowledge that you have no ownership rights in or to any such items. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Application, including content, code, and software (collectively, “Material”) unless specifically granted written permission to do so by the Company. Company Material may include inaccuracies or typographical errors. The Company has the right but not the obligation to make changes and updates to any Material without prior notice. You are authorized to view, download, and reproduce the Material only for your internal information provided that you: (i) retain all notices contained in the original Material; (ii) only use images with surrounding text relating to the images; and (iii) include the following copyright notice: © Intertape Polymer Group Inc. All rights reserved. No further publication or commercial use may be made of the Application without the express written permission of Company.
  • Term and Termination. The Company may terminate or suspend the Application and/or your account immediately, without prior notice or liability if the Company believes you have violated the Terms or for any other reason that, in the Company’s sole discretion. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Application and/or your account. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, Ownership, Warranty Disclaimer, Indemnification, Limitation of Liability, and Dispute Resolution. Upon termination, your right to access and use your account and the Application shall immediately end, and the Company shall have no further obligation to provide the Application to you.
  • Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APPLICATION, WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICATION, THE COMPANY’S PERFORMANCE OBLIGATIONS, AND ALL PERFORMANCE OBLIGATIONS OF THE COMPANY’S SUBCONTRACTORS, SERVICE PROVIDERS, AND LICENSORS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME; OR (ii) THE APPLICATION’S OPERATION OR DELIVERY WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS (FOR ITSELF, ITS SUBCONTRACTORS, SERVICE PROVIDERS, AND LICENSORS) ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

    ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPLICATION IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT

    IN SOME JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT BE PERMISSIBLE AS TO INDIVIDUALS, IN WHICH CASE THE ABOVE LIMITATIONS SHALL BE CONSTRUED AND ENFORCED ONLY TO THE EXTENT PERMISSIBLE UNDER
  • Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • Indemnification. By using the Application, you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, licensors, and representatives from and against any claims, liabilities, damages, losses, actions, and expenses of any kind arising out of or in any way connected to: (i) your access to or use of the Application; (ii) your violation of the Terms; (iii) your account or User Content; and (iv) your wrongful acts or omissions in connection with use of the Application. The Company reserves the right, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. In the event the Company seeks indemnification, you agree to: (i) grant control of the defense and settlement to the Company; and (ii) reasonably cooperate with the Company at your expense.
  • Dispute Resolution.
    PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
    • Excluding disputes addressed through arbitration as provided below, you agree to submit the claim (whether in tort, contract, statutory, or otherwise), dispute, disagreement, or controversy concerning the existence, breach, interpretation, application, or termination relating to, or arising under these Terms (a “Claim”) to the exclusive venue jurisdiction of the state and federal courts located in Florida for the purpose of litigating the Claim, and you hereby consent to the personal jurisdiction and venue thereof and waive any right to transfer whether due to forum non-conveniens or other reason. The parties shall use their best efforts to settle any Claim directly through consultation and good faith negotiations, which shall be a precondition to you initiating arbitration against the Company. This includes you first sending a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts that give rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to: Intertape Polymer Group, Inc., Legal Department, 100 Paramount Drive, Suite 300, Sarasota, FL 34232. You agree to negotiate with Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) calendar days after Company’s receipt of your written description of it, you agree to the further dispute resolution provisions below. This Section 16 survives expiration or termination of these Terms for any reason.
    • YOU AND COMPANY AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND COMPANY IN INDIVIDUAL BINDING ARBITRATION IF IT CANNOT BE RESOLVED BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATED TO THE APPLICATION OR THESE TERMS. However, this Section 16 does not apply to (i) a claim by Company for injunctive or other non-monetary relief or (ii) a claim of infringement or other misuse of intellectual property rights.
    • Claims shall be resolved by final and binding arbitration by a single arbitrator in accordance with the JAMS Inc Streamlined Arbitration Rules & Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties agree that all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain shall be treated and maintained as confidential, except to the extent that disclosure may be legally required of a party or necessary to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
    • The arbitration shall take place in Sarasota, Florida or, at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against the Company in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, the Company may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by JAMS), with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration. In such an event, except with respect to administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
    • TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND COMPANY AGREE THAT, EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, (i) EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THE COMPANY’S INDIVIDUAL CAPACITY, RESPECTIVELY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION; AND (ii) UNLESS BOTH YOU AND COMPANY AGREE, NO JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIM OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
  • Governing Law. These Terms and the Application shall be governed and construed in all respects in accordance with the laws of the State of Florida without regard to any conflict of laws principles. Subject to Section 16, you hereby agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in any state or federal court located in Sarasota County, Florida having subject matter jurisdiction. You hereby consent to the exclusive jurisdiction of such courts.
  • Additional Terms From Platform Providers.
    • If you download, access and/or use the Application from an Apple’s iOS operating system, you acknowledge and agree that: (i) these Terms are between you and Company, and not with Apple; (ii) Apple is not responsible for the Application; (iii) Apple has no obligation at all to provide any support or maintenance services in relation to the Application, and if you have any maintenance or support questions in relation to the Application, please contact Company; (iv) any claims related to use of the Application are between you and Company and Apple is not responsible for addressing any claims, including, but not limited to product claims and any claim that the Application fails to conform to any applicable legal or regulatory requirement; (v) in the event of any claim by a third-party that your possession or use of the Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; (vi) your use of the Application will comply with any applicable terms of agreement with Apple and you will not use the Application in any manner that is in violation of or inconsistent with usage rules set forth by Apple; (vi) your license to use the Application is limited to a non-transferable license to use the Application on a device that you own or control, as permitted by the terms of your agreement with Apple, except that such Application may be accessed and used by other accounts associated with the purchaser of the device via family sharing, volume purchasing, or legal contacts, and (vii) Apple is a third-party beneficiary under these Terms and will have the right to enforce these Terms against you.
    • If you download the Application to an Apple device, in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
    • You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • General.
    • Assignment. These Terms are not assignable by you without the Company’s prior written consent. The Company may assign any of its rights or delegate any of its duties under these Terms without the prior written consent, including with respect to an assignment in whole as part of the Company’s merger, change of control or other combination by operation of law of all or substantially all of its business and assets. Any purported assignment in breach of this assignment provision will be null and void.
    • Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations, other than payment obligations, due to any cause which is beyond its reasonable control and not avoidable through the exercise of reasonable diligence, including, by way of example, but only to the extent beyond the reasonable control of a party and not avoidable through the exercise of reasonable diligence: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terrorism, war, governmental action, earthquakes, pandemics and other public health emergencies.
    • Severability; Waiver; Headings. Any provision of these Terms determined to be unenforceable or invalid by applicable law or court decision shall not render these Terms unenforceable or invalid as a whole and, in such event, such provision shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law or court decision. A party’s failure to require the other party’s performance of any obligation herein shall not affect the full right to require such performance at any time thereafter. A party’s waiver of the other party’s breach of any obligation under these Terms shall not be taken or held to be a waiver of the obligation itself or of any past or subsequent breaches of the same obligation. Headings used in these Terms are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect these Terms.
    • Entire Agreement. These Terms set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties as to the subject matter of these Terms. Neither party is relying on any warranties, representations, assurances, or inducements not expressly set forth herein. These Terms may be changed only by a writing signed by both parties.
    • Location. The Application are operated from the United States and may not be appropriate in other jurisdictions. Access to or use of any Application from jurisdictions where such access or use is illegal is strictly prohibited. You are always responsible for your compliance with applicable laws in connection with the Application
    • Notice. Any notices required or permitted herein shall be given to you at the email address provided we have on file, and shall be provided to the Company at Intertape Polymer Group, Inc., Legal Department, 100 Paramount Drive, Suite 300, Sarasota, FL 34232.
    • Contact. For any questions, please contact: Intertape Polymer Group Inc., 100 Paramount Drive, Suite 300, Sarasota, FL 34232 and email to privacy@itape.com.