ContractorFlow® Terms of Use


Last Updated: July 10, 2024 


ContractorFlow, LLC (“ContractorFlow,” “we”, “us”, “our”, or similar) is proud to offer contractors a comprehensive suite of tools to help them manage their business (the “Software”). These Terms of Use (“Terms”) are by and between you and ContractorFlow, LLC and govern your access and use of the Software, as well as ContractorFlow’s website and other online materials (collectively, the “Services”).

 “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Services (“Organization”). By accessing or using the Services, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.

By: (i) accessing or using the Services, including visiting our website, or (ii) otherwise clicking on the “I Agree,” “Log In,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. You also agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services.


These Terms supplement ContractorFlow’s agreements with its customers. In the event of any conflict between these Terms and any other contract between you and ContractorFlow, the other agreement will control with respect to the subject matter therein.


ContractorFlow reserves the right to make changes to these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.


Accessing the Services


Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Services, solely and strictly in accordance with these Terms and applicable laws. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.


We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. ContractorFlow does not make any representations or guarantees regarding uptime or availability of the Services. You are responsible for: (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.


We may block, limit, or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.


Your Information


You will need to provide certain registration details or other information to access the Services or some of the resources it offers. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to us via the Website, use of the Services, or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


Account Security


In order to access protected portions of the Services, you may be required to have an account with ContractorFlow. When you do so, the information you provide ContractorFlow must be accurate, complete and up-to-date. When registering with ContractorFlow, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your account, you may not have access to or be able to view or use all of the functions or features of the Services.

You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to ContractorFlow using the “Contact Us” details below. You will be held liable for losses incurred by ContractorFlow, or any other user of the Services, due to someone else using your ContractorFlow password or account. ContractorFlow cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.


Appropriate Use

 

The Services are controlled and operated by ContractorFlow from its offices within the United States. The Services are not intended to subject ContractorFlow to any non-U.S. jurisdiction or law. ContractorFlow makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.


You shall not use the Services for any purposes beyond the scope of the access granted by these Terms or any other agreement between you and ContractorFlow. You shall not at any time, directly or indirectly, and shall not permit any third parties to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services or ContractorFlow systems, in whole or in part; (iv) remove any proprietary notices from the Services; (v) use the Services for benchmarking or similar purposes; or (vi) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.


In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious or could lead to the harm or deletion of any computer systems or data; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner; (iv) impersonate any other person or misrepresent your identity in any manner, including through the use of another user’s credentials; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; (vi) use any automatic device, process or means (including any bot) to access or interact with the Services for any purpose, including monitoring, scraping, exporting, or copying content or any data on or from the Services; and (vii) otherwise attempt to interfere with the proper working of the Services.

We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

 

Intellectual Property Ownership


You acknowledge that, as between you and ContractorFlow, ContractorFlow owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party materials (e.g., third-party software solutions), the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party materials, trademarks, images, and related designs. The entire contents and design of the Services are protected by U.S. and international copyright law; all rights reserved.  


ContractorFlow names and logos, including ContractorFlow®, and all related product and service names, design marks and slogans are the trademarks or service marks of ContractorFlow or ContractorFlow’s licensors. All rights are reserved. You are not authorized to use any ContractorFlow name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of ContractorFlow. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners. 


Updates

 

We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features  for the Services (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

 

User Content

 

The Services may allow you to upload, post, transmit, or share information, text, data, photographs, and other content (collectively, “User Content”). In uploading, posting or sharing such User Content, you grant ContractorFlow and its affiliated entities a non-exclusive, sublicensable, transferable, worldwide, royalty-free license to display, access, view, store, copy, reproduce, or download User Content, and post or forward User Content to others, for the purpose of providing you the Services or any other use described in our Privacy Policy. You represent and warrant that: (i) you have all necessary rights, permissions, and consents to grant the foregoing license to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content does and will comply with these Terms.

You are responsible for any User Content, including its legality, reliability, accuracy, and appropriateness. ContractorFlow is not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Services.

The following content standards apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:


  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, or alarm any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by ContractorFlow or any other person or entity if this is not the case.
  • Criticize ContractorFlow, the Services, or the service of any of ContractorFlow’s operational partners.


ContractorFlow may, in its sole discretion, deny any application to forward or further display User Content. ContractorFlow may also change these standards at any time without notice.

 

Warranty Disclaimer


THE SERVICES ARE PROVIDED "AS IS" AND CONTRACTORFLOW HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. CONTRACTORFLOW SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CONTRACTORFLOW MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.


Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services.


Limitations of Liability


IN NO EVENT WILL CONTRACTORFLOW BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CONTRACTORFLOW WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL CONTRACTORFLOW'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO CONTRACTORFLOW UNDER THESE TERMS IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER.


Indemnification


You agree to defend, indemnify, and hold ContractorFlow, its parent and affiliate entities, and all of its and their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services, your violation of applicable laws, rules or regulations, or your breach of these Terms.


Governing Law, Waiver of Jury Trial, and Waiver of Class Actions


These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, USA without giving effect to any choice or conflict of law provision or rule. Each party hereby submits to the exclusive jurisdiction of the state or federal courts in each case located in Saint Croix County, Wisconsin.


YOU AGREE THAT CONTRACTORFLOW AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING CONTRACTORFLOW IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.


ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.


Third-Party Sites


The Services may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by ContractorFlow, but rather are exclusively controlled and operated by third parties (collectively, “Third-Party Sites”). You may be transferred to a Third-Party Site even though it appears that you are still in the Services. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. ContractorFlow is not liable for your use of any Third-Party Site.


Miscellaneous


Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent. Unless you have an additional contract with ContractorFlow, these Terms and the Privacy Policy constitute the sole and entire agreement between you and ContractorFlow regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.


Contact Information

If you have questions or comments about these Terms, please contact us at:

ContractorFlow, LLC

Email: support@contractorflowapp.com