ContractorTools reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that ContractorTools shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
Account. If you choose to register for a ContractorTools account, you must complete the registration form. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form (“User Data”), and (b) to maintain and promptly update the User Data to keep it accurate and current. You agree that ContractorTools may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or ContractorTools has reasonable grounds to suspect that such information is inaccurate or not current, ContractorTools has the right to suspend or terminate your account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and ContractorTools reserves the right to immediately terminate your account if you do transfer or share your account. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (defined below) or the business or personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Server or App or the contents of either. You agree to immediately notify ContractorTools of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to ContractorTools.
Limitation of Liability. YOU EXPRESSLY AGREE TO RELEASE CONTRACTORTOOLS, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES OR LOSSES ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE, DISCLOSURE, DISPLAY OR MAINTENANCE OF YOUR PERSONAL INFORMATION OR BUSINESS INFORMATION, (b) YOUR USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES, (c) YOUR USE OR MISUSE OF PROGRAMS CREATED, LICENSED OR PROVIDED BY CONTRACTORTOOLS, (d) THE SERVICES GENERALLY, INCLUDING THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES (f) ANY OTHER INTERACTIONS WITH CONTRACTORTOOLS, ANY SPONSOR, ANY OTHER USER OF THE SERVICES, THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF CONTRACTORTOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CONTRACTORTOOLS IS NOT LIABLE TO YOU FOR ANY DAMAGE OR ALTERATION TO YOUR EQUIPMENT INCLUDING BUT NOT LIMITED TO COMPUTER EQUIPMENT, HANDHELD DEVICE OR MOBILE TELEPHONES AS A RESULT OF YOUR INSTALLATION OR USE OF THE SERVICES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED VIA THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY CONTRACTORTOOLS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED VIA THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY CONTRACTORTOOLS.
IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF CONTRACTORTOOLS AND ITS AFFILIATES FOR ANY AND ALL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO CONTRACTORTOOLS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, IF ANY, OR $1,000, WHICHEVER IS GREATER.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY IN THEIR ENTIRETY TO YOU. HOWEVER, YOU AGREE THAT CONTRACTORTOOLS’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.