Terms of Service

Extracker, Inc Terms of Service

Last Updated: March 23, 2018

Extracker, Inc. (“Extracker” or “we”) provides construction software, change order, extra work authorization, applications and other related construction tools and services. These offerings are provided by Extracker through an application you download to your mobile device (the “Application”) and at the Internet site https://www.extracker.com/ (the “Site” and, together with any related software, tools and services provided in connection with the Application or Site, the “Extracker Service”). Please read carefully the following terms and conditions (“Terms of Service” or “Terms”) and our Privacy Policy, which may be found on our website at https://www.extracker.com/privacy and which is incorporated herein by reference into these Terms of Service. These Terms of Service govern your access to and use of the Extracker Service and all Site Content and constitute a binding legal agreement between you and Extracker.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “ACCEPT TERMS” BUTTON, REGISTERING FOR A EXTRACKER ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE EXTRACKER SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE EXTRACKER SERVICE, OR BY ENTERING INTO A STATEMENT OF WORK WITH EXTRACKER, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE EXTRACKER SERVICE OR SITE CONTENT.

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Accounts

When you create an account with the Service, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, obsolete or fake information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Use Restrictions

All applications, materials, and documents provided by Extracker are copyrighted by Extracker. No material provided by Extracker can be reproduced, copied, distributed, downloaded, displayed, posted, or transmitted without prior written consent by Extracker. Any unauthorized use of any materials contained within our site may violate copyright laws, trademark laws, privacy laws, and is subject to legal action.

 

Fees

Customers who pay for our services are expected to provide payment in full according to the terms of their service agreement or plan. Fees are due upon request and the failure to provide timely payment will result in termination of services. Extracker retains the right to suspend your services until we receive payment in full. Cancelation of paid services must be made to Extracker through proper channels as set forth in your original user agreement.

 

Fee Changes

The Fees specified in the SaaS Services Order Form may not be changed prior to expiration of the SaaS Agreement. Upon expiration of the SaaS Agreement, Extracker, Inc., in its sole discretion, may modify the fee structure. Any Fee changes to the SaaS Agreement will be agreed upon and executed prior to the next Billing Cycle. Your continued use of the Service after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.

 

Refunds

Certain refund requests for paid Fees may be considered by Extracker, Inc. on a case-by-case basis and granted in sole discretion of Extracker, Inc.

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Extracker, Inc.. Extracker, Inc. has no control over the content, privacy policies, or practices of any third party web sites or services.

By using the Service, you acknowledge and agree that Extracker, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of use and privacy policies of any third party web sites or services that you visit. For example, the signature of a lien waiver may be facilitated by Hellosign.com and users must agree to the Terms of Service posted on the Hellosign.com website or other applicable webpage.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Extracker, Inc. and its partners, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation Of Liability

In no event shall Extracker, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Downloadable Services

Some of our services are downloadable for use on computers, smart phones, tablets, and other devices. By downloading an application you agree to use the information in the way in which it was intended. Upgrades or changes to our applications may be available from time to time. You are responsible for replacing or updating the application on your devices. Extracker assumes no responsibility for problems related to problems with devices, carriers, or any other usage that is outside of our website.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Extracker, Inc. does not warrant that a) the Service will function uninterrupted or available at any particular time or location; b) any errors or defects will be corrected immediately; c) the results of using the Service will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

Right to Amend

We reserve the right to change, add to or replace these Terms at any time. If a revision affects the terms and conditions of an existing SaaS Agreement, the executed SaaS Agreement overrides any changes to the Terms of Service until the SaaS Agreement expires. We may provide you with notice of any changes through the Service, via email or through other means. Your continued use of the Service after after we publish any such changes constitutes your acceptance of the updated Terms, unless such changes violate the Terms of Service under the SaaS Agreement. If you do not agree to the updated Terms, you are no longer authorized to use the Service.

 

 

Contact Us

If you have any questions about the Terms, please contact us.

 

Extracker, Inc.
2625 Polk St #3
San Francisco, CA 94109
privacy@extracker.com

download-phones

Download our
free mobile app.

© 2019 Extracker
Want to get Change Orders processed faster?

Learn the industry best practices in our free eBook.

The Ultimate Guide to Change Orders in Today's Construction Industry.