Legal

Terms & Conditions

Privacy Policy

Privacy Statement

IMSI Design, (IMSI), is committed to keeping any and all personal information collected of those individuals that visit our websites and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with IMSI Design of our commitment and realization of our obligation not only to meet but to exceed most existing privacystandards.

Collection of your Personal Information

IMSI Design collects personally identifiable information, such as your e-mail address, name, home or work address and telephone number which is required for processing of orders and trial downloads. Although not required, customer demographic information such as age and gender, may be optionally entered by a customer into their profile,

Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this     site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through IMSI Design public message boards, this information may be collected and used by others. Note: IMSI Design does not read any of your private online communications.

IMSI Design encourages you to review the privacy statements of Web sites you choose to link to from IMSI Design so that you can understand how those Web sites collect, use and share your information. IMSI Design is not responsible for the privacy statements or other content on Web sites outside of the IMSI Design and IMSI Design family of Web sites.

Use of your Personal Information

IMSI Design collects and uses your personal information to operate the IMSI Design.com and TurboProject.com websites and deliver the services you have requested. IMSI Design also uses your personally identifiable information to inform you of other products or services available from IMSI Design and its affiliates. IMSI Design may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

IMSI Design does not sell, rent or lease its customer lists to third parties. IMSI Design may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, IMSI Design may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to IMSI Design, and they are required to maintain the confidentiality of your information.

IMSI Design does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

IMSI Design keeps track of the Web sites and pages our customers visit within IMSI Design, in order to determine what IMSI Design services are the most popular. This data is used to deliver customized content and advertising within IMSI Design to customers whose behavior indicates that they are interested in a particular subject area.

IMSI Design Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on IMSI Design or the site; (b) protect and defend the rights or property of IMSI Design; and, (c) act under exigent circumstances to protect the personal safety of users of IMSI Design, or the public.

Children Under Age of 13

IMSI Design does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to unsubscribe@imsidesign.comIf you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out

Updating and correcting your TurboProject.com Account

When you log into your account on TurboProject.com, you can access, update and correct some of the Personal Data that we use to authenticate you including, your name, email and contact details. Please note that the changes you make in your customer account will be reflected in our active customer database but we may retain any information you submit for any reason we reasonably believe we have a legitimate reason such as backups, archiving, legal obligations, fraud and abuses detection and license history.

Use of Cookies

IMSI Design’s websites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize IMSI Design pages, or register with IMSI Design site or services, a cookie helps IMSI Design to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same IMSI Design website, the information you previously provided can be retrieved, so you can easily use the IMSI Design features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the IMSI Design services or Web sites you visit.

Note on Google Analytics and CookiesWhile some of the cookies we use are required to use (see above), you can opt out from the collection by Google Analytics of navigation information during your visits to our Websites. To do so, use the Google Analytics Opt-out feature available from Google.

Mobile Devices

Due to differences between apps and websites on mobile devices, you may need to take additional steps to disable tracking technologies in mobile apps. Many mobile devices allow you to opt-out of targeted advertising within the Settings area of the device.

Security of your Personal Information

IMSI Design secures your personal information from unauthorized access, use or disclosure. IMSI Design secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

IMSI Design will occasionally update this Statement of Privacy to reflect company and customer feedback. IMSI Design encourages you to periodically review this Statement to be informed of how IMSI Design is protecting your information.

Contact Information

IMSI Design welcomes your comments, questions and any complaints regarding this Privacy Statement and how your Personal data is handled. For these, please direct your inquiry to:

IMSI Design, LLC

Mr. Robert Mayer

384 Bel Marin Keys Blvd., Suite 150 Novato, CA 94949

Tel: 415-483-8068      Email: bmayer@imsidesign.com

Terms and conditions of use

AGREEMENT BETWEEN USER AND IMSI Design

The TurboProject Website is comprised of various web pages operated by IMSI Design which contain information, documents, software and products (collectively, the “Materials”) and various services operated by IMSI Design (collectively, the “Services”), subject to the terms, conditions and notices set forth in this document (the “Terms of Use”). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. IMSI Design reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Your use of the TurboProject Website constitutes your agreement to these Terms of Use.

COPYRIGHT

All contents of the TurboProject Website are: Copyright© 2019 by IMSI Design, LLC. All Rights Reserved.

The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, IMSI Design and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of  IMSI Design.

Use of Software:The software and accompanying documentation that are made available to download from this Website are the copyrighted work of IMSI Design and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.

LINKS TO THIRD PARTY SITES

The TurboProject Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of IMSI Design and IMSI Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IMSI Design is not responsible for webcasting or any other form of transmission received from any Linked Site. IMSI Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IMSI Design of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TurboProject Website, you warrant to IMSI Design that you will not use the TurboProject Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TurboProject Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the TurboProject Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TurboProject Websites.

USE OF COMMUNICATION SERVICES

The TurboProject Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

IMSI Design has no obligation to monitor the Communication Services. However, IMSI Design reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IMSI Design reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

IMSI Design reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IMSI Design’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. IMSI Design does not control or endorse the content, messages or information found in any Communication Service and, therefore, IMSI Design specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized IMSI Design spokespersons, and their views do not necessarily reflect those of IMSI Design.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO IMSI DESIGN OR POSTED AT ANY IMSI DESIGN WEBSITE

IMSI Design does not claim ownership of the materials you provide to IMSI Design (including feedback and suggestions) or post, upload, input or submit to any IMSI Design Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting IMSI Design, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. IMSI Design is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in IMSI Design’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WARRANTIES, REPRESENTATIONS AND LIABILITY DISCLAIMER

Except as expressly provided otherwise in an agreement between you and IMSI Design, all information and software on this Website is provided “as is” without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. IMSI Design assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this site.

References to orations, their services and products, are similarly provided “as is” without warranty of any kind, either express or implied. In no event shall IMSI Design be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TURBOPROJECT IMSI DESIGN WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IMSI DESIGNAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TURBOPROJECT WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE IMSI DESIGNWEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMSI DESIGN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE

IMSI DESIGN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE IMSI DESIGNWEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IMSI DESIGNAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMSI DESIGNAND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IMSI DESIGNWEBSITE, WITH THE DELAY OR INABILITY TO USE THE IMSI DESIGNWEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IMSI DESIGNWEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE  IMSI DESIGNWEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  IMSI DESIGNOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TURBOPROJECT WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TURBOPROJECT WEBSITE.

SERVICE CONTACT: support@imsidesign.com

TERMINATION/ACCESS RESTRICTION

IMSI Design reserves the right, in its sole discretion, to terminate your access to the TurboProject Website and the related services or any portion thereof at any time, without notice.

Indemnification

You agree to indemnify and hold IMSI Design, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any user content), your use of the  Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW

This Website (excluding linked sites) is controlled by IMSI Design  from its office in Novato, California, U.S.A.. By accessing this Website, you and IMSI Design agree that all matters relating to your access to, or use of, this Website Site shall be governed to the maximum extent permitted by law, by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Marin County, California, U.S.A. in all disputes arising out of or relating to the use of the TurboProject Website.

GENERAL

Use of the TurboProject Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IMSI Design as a result of this agreement or use of the TurboProject Website. IMSI Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IMSI Design’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IMSI Design Website or information provided to or gathered by IMSI Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IMSI Design with respect to the IMSI Design Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IMSI Design with respect to the TurboProject Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of IMSI Design or other third parties. You are not permitted to use the Marks without the prior written consent of IMSI Design or such third party which may own the Marks. TurboProject, TurboCAD, IMSI, TurboFloorPlan, TurboPDF, TurboApps, TurboSite, TurboReview, and TurboViewer are registered trademarks of IMSI Design, DesignCAD and  CAD Symbols are trademarks of IMSI Design  and the IMSI Design logo are trademarks of IMSI Design.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent.