Barton Enterprises NH LLC
Barton Enterprises NH LLC Software Subscription Terms of Service
1. Agreement and authority
These Terms of Service (the “Terms”) are a binding agreement between Barton Enterprises NH LLC, a New Hampshire limited liability company (“Barton,” “we,” or “us”), and the individual accepting these Terms and the company or other organization on whose behalf that individual accesses the Service (“Customer,” “you,” or “your”). By checking the acceptance box and clicking “I agree and continue,” you confirm that you are at least 18 years old, have read and agree to these Terms, and have authority to bind Customer. If you lack that authority or do not agree, do not access the Service.
2. Service and order terms
Barton provides a hosted digital home-showroom, catalog, document-linking, lead-management, customization-preview, user-management, and related software service (the “Service”). The applicable order form, proposal, online checkout, or account record identifies Customer’s plan, fees, term, seats, model limits, and enabled features (“Order”). The Order and these Terms form the complete subscription agreement. If they conflict, the Order controls only for the conflicting business term.
3. Subscription, fees, renewal, and taxes
Access is subscription-based for the period shown in the Order. Unless the Order states otherwise, subscriptions renew for successive periods of the same length until canceled before the renewal date. Customer authorizes the selected billing provider to charge recurring fees and applicable taxes. Fees are nonrefundable except where the Order or applicable law requires otherwise. Past-due accounts may become read-only or suspended after notice. Cancellation stops future renewal but does not erase amounts already due.
4. Accounts, company portal, and acceptable use
Customer is responsible for its company code, named user accounts, role assignments, devices, and all activity under its workspace. Users may access the Service only for Customer’s internal business and authorized consumer showroom. Customer will not share named credentials, bypass plan limits, reverse engineer or copy the Service, introduce malicious code, scrape or overload the Service, infringe rights, or use the Service unlawfully. Customer must not create, upload, link to, solicit, distribute, or facilitate child sexual abuse material; child sexual exploitation, enticement, or grooming; sexual content involving a minor; nonconsensual intimate imagery; pornography or other adult sexual content; trafficking; or other illegal, abusive, or exploitative material. Barton may immediately quarantine or restrict content, suspend accounts or companies, preserve relevant records, investigate, report apparent violations, cooperate with lawful authorities, and take other protective action without prior notice.
5. Customer content and permissions
Customer retains ownership of model data, renderings, floor plans, flyers, photographs, contact submissions, trademarks, and other materials it supplies (“Customer Content”). Customer grants Barton a limited, nonexclusive license to host, process, display, back up, and transmit Customer Content solely to operate, secure, support, and improve the Service. Customer represents that it has all rights and permissions needed for Customer Content and for links to manufacturer or third-party materials.
6. Consumer leads, location, and privacy
Customer is the business responsible for its consumer relationships and instructions regarding lead data. Customer will provide appropriate privacy notices and obtain any required consents. Barton processes lead, account, saved-home, note, activity, device, network, subscription, moderation, and related metadata to provide and secure the Service, prevent fraud, support users, investigate suspected misuse or unlawful conduct, quarantine prohibited content, preserve evidence, enforce these Terms, and comply with applicable law and valid legal process. The Service may present an optional, one-time browser request for precise device location. Coordinates are collected only after the signed-in user affirmatively chooses to share them; the consent result, account, server-observed IP address, browser information, timestamp, coordinates, and reported accuracy may be logged for account security, fraud or abuse investigations, and support. Barton will not sell precise location data or use it for advertising, and a user may decline without losing ordinary account access. Customer must not upload sensitive personal information that the Service is not designed to collect, including Social Security numbers, financial-account credentials, health records, or government identification numbers.
7. Security, safety investigations, and legal process
Barton uses reasonable administrative, technical, and organizational safeguards. No online service is completely secure or uninterrupted. Customer will promptly report suspected unauthorized access or prohibited content. As host and service administrator, Barton may authorize specifically designated personnel to access, review, quarantine, preserve, copy, and disclose Customer Content, leads, account records, logs, messages, notes, device or network identifiers, subscription records, and related metadata when reasonably necessary to operate, secure, support, or improve the Service; investigate suspected fraud, abuse, exploitation, policy violations, or unlawful conduct; protect persons, rights, property, or the Service; enforce agreements; respond to emergencies; make legally required reports, including reports concerning apparent child sexual exploitation; or comply with applicable law, a preservation request, subpoena, court order, warrant, regulatory demand, or other valid legal process. Barton may limit the personnel who can access suspected illegal content, preserve reported records for the period required by law, and destroy or retain records as lawfully directed. Such access and material actions will be purpose-limited and logged. Barton may place a legal hold that suspends ordinary deletion or return of responsive records. Barton may notify Customer of a demand unless prohibited by law, court order, emergency, or a reasonable need to protect an investigation. A request from an attorney or other person does not by itself require disclosure; Barton may require verification, consent, or valid legal authority. Nothing in these Terms obligates Barton to proactively monitor every item of Customer Content.
8. Barton intellectual property
Barton and its licensors own the Service, software, workflows, interface, documentation, templates, improvements, and all related intellectual-property rights. No ownership transfers to Customer. Subject to payment and compliance, Barton grants Customer a limited, revocable, nonexclusive, nontransferable right to use the Service during the subscription term. Customer may provide feedback, and Barton may use it without restriction or obligation.
9. Third-party services
The Service may link to or interoperate with manufacturers, file-storage providers, identity providers, billing providers, websites, or other third-party services. Those services are governed by their own terms and availability. Barton is not responsible for third-party content, acts, outages, or changes, but will use commercially reasonable efforts to maintain supported integrations.
10. Confidentiality
Each party will protect the other party’s nonpublic business, technical, financial, and customer information using at least reasonable care and will use it only to perform or receive the Service and for the authorized administration, security, investigation, preservation, and legal-process purposes stated in these Terms. Confidential information does not include information lawfully known without restriction, independently developed, publicly available without breach, or rightfully received from another source. Required legal disclosures are permitted after reasonable notice where lawful.
11. Warranties and disclaimers
Barton warrants that the Service will materially conform to its documentation under normal authorized use. Customer’s exclusive remedy for a verified breach is re-performance or, if Barton cannot cure it, termination and a prorated refund of prepaid unused fees for the affected period. EXCEPT FOR THAT EXPRESS WARRANTY, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARTON DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VISUAL CUSTOMIZATION PREVIEWS ARE CONCEPTUAL AND ARE NOT CONSTRUCTION DRAWINGS, ENGINEERING ADVICE, PRICING, OR A GUARANTEE OF FINAL APPEARANCE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM THE SERVICE. EXCEPT FOR PAYMENT OBLIGATIONS, MISUSE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, BREACH OF CONFIDENTIALITY, OR LIABILITY THAT LAW CANNOT LIMIT, EACH PARTY’S TOTAL LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
Customer will defend and indemnify Barton and its personnel from third-party claims arising from Customer Content, Customer’s consumer transactions or construction services, Customer’s violation of law, or Customer’s misuse of the Service. Barton will promptly notify Customer and reasonably cooperate. Customer may not settle a claim in a way that admits fault by or imposes obligations on Barton without Barton’s written consent.
14. Suspension and termination
Either party may terminate for an uncured material breach after thirty days’ written notice, or immediately if cure is impossible, the other party becomes insolvent, or continued performance would violate law or create a material security or safety risk. Barton may suspend access immediately, without a cure period, for suspected child sexual exploitation, nonconsensual intimate imagery, adult sexual content, credible threats, attacks on the Service, fraud, or other conduct presenting legal, security, or safety risk. On termination, Customer’s access ends and outstanding fees become due. Barton will provide a reasonable opportunity to export available Customer data when feasible and lawful, except that quarantined, unlawful, preserved, or legally restricted material will not be returned or made available. Other data may be deleted under Barton’s retention practices. Provisions that by their nature should survive will survive.
15. Electronic records and signatures
You consent to receive these Terms, Orders, notices, and subscription records electronically. You may download or print them using a current web browser and PDF-capable device. Your checked box and “I agree and continue” click are intended as your electronic signature and are logically associated with the exact Terms version recorded in Barton’s acceptance log. You may request a paper copy or withdraw consent to future electronic records by contacting the notice address in your Order; withdrawal may require account closure if Barton cannot reasonably administer the subscription on paper. Keep your email current.
16. Governing law and disputes
New Hampshire law governs these Terms without regard to conflict-of-law rules. The state and federal courts located in New Hampshire will have exclusive jurisdiction, and each party consents to personal jurisdiction there. Before filing suit, the parties will make a good-faith effort for at least thirty days to resolve the dispute through business representatives. Nothing prevents either party from seeking urgent injunctive relief for security, confidentiality, or intellectual-property harm.
17. General terms
Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the assignee assumes the obligations. Neither party is liable for delay caused by events beyond reasonable control. Notices must be sent to the contacts in the Order and are effective on confirmed delivery. Failure to enforce is not a waiver. If any provision is unenforceable, it will be narrowed to the minimum extent necessary and the rest remains effective. Headings are for convenience. These Terms and the Order are the entire agreement regarding the Service and may be amended only by a written agreement or by updated online terms accepted through a new clickwrap when required.