This application MFMA is intended to aid contractors engaged in the installation of Maple Flooring Manufacturers Association (“MFMA”) flooring with respect to logging data related to an installation project. Although the App will prompt a user to enter certain data related to the installation and will note when certain user-entered data is outside of the standard installation specifications for a particular parameter, the App is not intended to comprehensively address all parameters related to an installation project, and users may enter data regardless of whether it is outside of the standard installation specification for a particular parameter. Use of the App is purely voluntary, and contractors use the App at their own risk and for their own benefit. Data entered into the App is viewable by MFMA and the MFMA flooring manufacturer whose flooring and/or system is used in the installation project. Any questions regarding flooring installation parameters should be directed to the MFMA flooring manufacturer whose flooring and/or system is used in the installation project.
By agreeing to proceed with the use of the App, User (defined below) agrees to the following.
The undersigned, as duly-authorized representative of the entity that will be using the App (the “User”), understands, accepts, and acknowledges that the App is for the exclusive use of contractors installing MFMA flooring who read and acknowledge this WAIVER AND RELEASE, and User acknowledges all of the information stated above. User understands, accepts, and acknowledges that the data that will be entered into the App by User derives exclusively from User, and User acknowledges that the data may be viewed at any time by MFMA or its employees or agents as well as the MFMA flooring manufacturer whose flooring and/or system is used in the installation project. MFMA intends to use the data for analysis purposes and/or to obtain or confirm information related to a flooring inspection. User understands, accepts, and acknowledges that MFMA disclaims any and all warranties, obligations, responsibilities, and damages relating to, with regard to, or arising out of the App, its use, the parameters in the App, and any reports generated by the App. User understands and acknowledges that there are risks associated with use of the App, and User assumes all risks arising out of, relating to, or regarding the App, its use, and any reports produced therefrom. USER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THE USE OF THE APP WILL BE ENTIRELY AT USER’S OWN RISK. USER FURTHER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT, IN CONSIDERATION FOR BEING PERMITTED TO USE THE APP, USER SHALL BE ENTIRELY RESPONSIBLE FOR, AND HEREBY WAIVES AND RELEASES ANY AND ALL CLAIMS USER HAS OR MAY HAVE IN THE FUTURE against MFMA (or its employees, directors, independent contractors, members, or agents) for any and all losses, costs, expenses (including but not limited to reasonable attorney’s fees), lost profits, loss of revenue, damages, or liabilities whatsoever of any nature, directly or indirectly arising out of or related to use of the App, to the maximum extent permitted by law. User understands, acknowledges, and accepts that MFMA is in no way responsible for the data entered into the App by User, and User takes full and final responsibility for User’s installation of MFMA flooring. User covenants not to sue MFMA and its employees, independent contractors, members, directors, and agents for any damages whatsoever that relate to or arise out of use of the App.