Terms of Service
Last Updated: February 3, 2018
By using Extend, you are agreeing to these Terms. If you do not agree to these Terms, do not use Extend. If you are using Extend on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Extend after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Extend.
Your Extend Account
To use Extend, you'll need to create an account, either via Extend or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Extend account.
You are responsible for safeguarding your Extend login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
By using Extend, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your Use of Extend
Extend is owned by Outerdesk, Inc. and its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use Extend as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the Extend account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Extend will respond expeditiously to claims of copyright infringement committed using Extend as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact our Copyright Agent at the address below and provide the following information:
Upon receipt of notice as described above, we will seek to confirm the existence of the IP on Extend and take whatever action, in its sole discretion, we deem appropriate.
Our designated Copyright Agent for notices of copyright infringement and counter-notices is:
Outerdesk, Inc. ATTN: Copyright Agent email@example.com
We may terminate or modify your access to and use of Extend, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use Extend in any way that would cause us legal liability or disrupt others’ use of Extend.
Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your use of Extend, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.
Unless otherwise specified, Extend may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an Extend customer on Extend's website and other marketing materials.
EXTEND IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Outerdesk Inc. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Extend. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You will hold harmless and indemnify Outerdesk, Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Extend or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUTERDESK INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OUTERDESK INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO EXTEND MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO OUTERDESK INC. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Outerdesk Inc., and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Outerdesk Inc.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Outerdesk Inc. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org