TERMS OF USE

  • Acceptance. Contractor Tools LLC (“ContractorTools”) provides the ContractorTools mobile application (the “App”), and affiliated data servers (collectively, the “Server”), and any and all other products, services or features offered by ContractorTools (the “Services”) to you subject to these Terms of Use (these “Terms of Use”). By accessing, using, downloading or installing any portion of the Services (including without limitation installing the App on your mobile device), you expressly agree to, and consent to be bound by, these Terms of Use, which may be updated by ContractorTools from time to time without notice to you. You can review the most current version of the Terms of Use at any time at www.ContractorTools.com. Certain provisions of these Terms of Use may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Server or App.

    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.

    If you do not agree with these Terms of Use, please do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THESE TERMS OF USE AND ALL REVISIONS THEREOF. BY USING THE SERVICES, YOU AGREE, REPRESENT AND WARRANT THAT YOU HAVE CONSENTED TO AND AGREED TO THESE TERMS OF USE.

  • 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.

  • Updates to the App. As indicated above, ContractorTools may elect to update the App at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You agree that ContractorTools may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
  • Proprietary Rights; Licenses; Content.
    • Proprietary Rights of ContractorTools. You hereby acknowledge and agree that all copyrights, database rights, trademarks and other intellectual property rights of any kind related to the Services together with the software code underlying the Server or App are owned directly by ContractorTools and/or its licensors. You further agree that certain portions of the Services contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. Except as expressly permitted by applicable law or authorized by ContractorTools or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services (other than Content that you may submit), in whole or in part. The term ContractorTools, the ContractorTools logo and other ContractorTools logos and product and service names are the exclusive trademarks of, and are owned by, ContractorTools, and you may not use or display such trademarks in any manner without ContractorTools’s prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners. ContractorTools reserves all rights not expressly granted hereunder.
    • License to Use the Services. ContractorTools hereby grants you a personal, non-transferable, non-exclusive, royalty-free, revocable license to use the Services for your personal use in accordance with these Terms of Use; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Services.
    • No Infringing Material. You hereby represent and warrant that you will not provide, deliver, submit or upload to ContractorTools, using the Server, App or otherwise, any information, data, text, document, software, file, image, photograph, graphic, video, message, sound, tag or other material or content (“Content”) that infringes on the intellectual property rights of a third party (“Infringing Material”). Any and all Content that you provide, deliver, submit or upload to ContractorTools must be your original works, public domain works or you shall have obtained a license to use such works. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish Content you provide, deliver, submit or upload to ContractorTools and for ContractorTools to display your Content via the Services; and you license to ContractorTools all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication via the Services pursuant to these Terms of Use.
    • You Own Your Content; License to ContractorTools. Except as provided herein, you retain all of your ownership rights in your Content. You also hereby grant each user of the Services to whom you grant access to your content (which you may designate in your account settings) a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Use. ContractorTools shall in no event be liable to you for any use or misuse of your Content by any third party. You understand and agree that ContractorTools may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by you from the Services.
  • Disruption of Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which ContractorTools may undertake from time to time, service malfunctions and causes beyond the reasonable control of ContractorTools or which are not reasonably foreseeable by ContractorTools, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
  • Feedback. We welcome your comments, feedback, suggestions and other communications regarding the Services (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you do provide Feedback, you hereby grant to ContractorTools a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works from, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send ContractorTools any Feedback that you do not wish to license to us as set forth above.
  • Privacy. Use of the App allows ContractorTools to gather information from and about you. This information is subject to the ContractorTools Privacy Policy www.ContractorTools.com) (the “Privacy Policy”), which is incorporated herein by this reference.
  • Disclaimers. THE SERVICES, AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT ASSOCIATED OR PROVIDED THEREWITH, ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA, OR UPTIME AVAILABILITY. CONTRACTORTOOLS DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS OR OMISSIONS. CONTRACTORTOOLS DOES NOT WARRANT THAT (a) THE SERVICES WILL ACCOMPLISH ANY OF YOUR SPECIFIC OBJECTIVES, (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (c) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, or (d) ANY ERRORS IN THE SERVER OR APP WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THESE TERMS OF USE. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, YOU WILL NOT HOLD CONTRACTORTOOLS LIABLE FOR ANY FAILURE OF THE SERVICES OR ANY PART THEREOF. YOU AGREE THAT CONTRACTORTOOLS SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY SOFTWARE BUGS OR ERRORS, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS OR ANY OTHER LIMITATIONS, ERRORS OR DELAYS, THAT ARISE DURING THE TERM OF THESE TERMS OF USE THAT CANNOT BE PREVENTED OR MITIGATED BY 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.

    YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    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.

  • Indemnity. You agree to defend, indemnify and hold harmless ContractorTools, its subsidiaries, affiliates, employees, officers, agents, representatives, managers, members and successors and assigns from any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs or expenses, including without limitation reasonable attorneys’ fees, arising from or as a result of (a) your, your employee’s, or your agent’s or a third party’s use of or contribution to the Services, or (b) any violation of law, these Terms of Use or the rights of another person by you, your employees or agents. ContractorTools reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with ContractorTools with respect to such defense and settlement. This obligation shall survive the termination or expiration of these Terms of Use and/or your use of the Services.
  • Service Provider. You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Services, including without limitation the App. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the Services. You accept responsibility for any such charges that arise.
  • Changes. ContractorTools reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes. ContractorTools may also, in the future, offer new services and/or features through the Services (including, the release of software updates and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Use.
  • General Provisions.
    • Entire Agreement. These Terms of Use, including the Privacy Policy incorporated herein, constitute the entire agreement between you and ContractorTools with respect to the subject matter hereof and replace, amend and supersede any prior agreements between you and ContractorTools pertaining to the subject matter hereof.
    • Governing Law; Jurisdiction; Attorneys’ Fees. These Terms of Use will be governed and construed under the laws of the State of Utah, without regard to conflict of laws principles. In no event will you use the Services in violation of U.S. export laws or regulations. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Utah. You consent and submit to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms of Use, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    • Survival. Sections 5, 12, 15, 16, 17 and 21 shall survive termination of your ContractorTools account and/or these Terms of Use.
    • Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and ContractorTools as a result of these Terms of Use or your use of the Services.
    • Waiver/Severability. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms of Use is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the balance of these Terms of Use shall remain in full force and effect.
    • Force Majeure. If the performance of any part of these Terms of Use is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of a party and without its fault or negligence, such party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
    • Assignment. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms of Use. ContractorTools has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms of Use and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms of Use and in connection with the Services.
    • Notice. ContractorTools’s notice to you via email, regular mail or notices or links on the Server or App shall constitute acceptable notice to you under these Terms of Use. Notice will be deemed received 48 hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it shall be deemed received 24 hours after it is first displayed.
    • Headings. Section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect.
    • Rights Reserved. Any rights not expressly granted herein are reserved.
  • Questions. If you have any questions regarding these Terms of Use, please contact us.