Terms of Service

Extend Terms of Service

Revised:  February 27th, 2020These Terms of Service (“Terms”) govern your use of the Extend website (“Site”) and other services offered by Extend, Inc., as well as services offered through third parties integrating our functionality (“Services”).  Extend, Inc.  (“Extend,” “we” or “us”) provides the Site and Services.  “You” refers to you as a user of the Site or Services.BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

  1. Eligibility
    You must be at least 18 years old to use the Site or the Services.  If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
  2. Additional Terms
    Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.  
  3. Acceptable Use of the Site and Services
    You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site or Services, you may not:
    -violate any law or regulation;
    -violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
    -post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
    -send unsolicited or unauthorized advertising or commercial communications, such as spam;
    -engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
    -transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
    -stalk, harass, or harm another individual;
    -impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
    -use any means to scrape or crawl any Web pages contained in the Site;
    -attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
    -attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
    -advocate, encourage, or assist any third party in doing any of the foregoing.
  4. User Content
    The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”).  You retain ownership of any intellectual property rights that you hold in that User Content.  In other words, you own your personal data.When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content.  This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services.  In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

    You promise that:
    -you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
    -your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
    We may refuse to accept or transmit User Content for any reason.  We may remove User Content from the Site or Services for any reason.
  5. Ownership
    Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Site and Services, Our Content, and Marks are all protected under U.S. and international laws.  The look and feel of the Site and Services are copyright © Extend, Inc. All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Extend.
  6. Copyright and Intellectual Property Policy
    We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
    -Your address, telephone number, and email address.
    -A description of the copyrighted work that you claim has been infringed.
    -A description of where the alleged infringing material is located.
    -A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
    -An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    -A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent: dmca@helloextend.com

    For clarity, only copyright infringement notices should go to our Copyright Agent.  You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
    -Your physical or electronic signature;
    -Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    -A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    -Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notification, it includes your personal information.  By submitting a counter-notification, you consent to having your information revealed in this way.  We will not forward the counter-notification to any party other than the original claimant.

    After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled.  If we receive such notification we will be unable to restore the material.  If we do not receive such notification, we may reinstate the material.
  7. Privacy
    Your privacy is very important to us.  Our Privacy Policy www.helloextend.com/privacy explains how we collect, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
  8. Links
    The Site and Services may contain links to other websites and online resources.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.
  9. Changes to the Site or Services
    We enhance and update the Site and Services often.  We may change or discontinue the Site or Services at any time, with or without notice to you.
  10. Termination
    We reserve the right to not provide the Site or Services to any person.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
  11. Disclaimer and Limitations on Our Liability
    YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXTEND AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  

    IN PARTICULAR, EXTEND AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES.  EXTEND AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.  

    You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
  12. Indemnification
    You agree to indemnify and hold harmless Extend and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
  13. Arbitration Agreement & Waiver of Certain Rights
    You and Extend agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings.  You and Extend hereby waive any right to a jury trial of any Claim (defined below).  All controversies, claims, counterclaims, or other disputes arising between you and Extend relating to these Terms or the Offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

    If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Extend will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

    This arbitration agreement does not preclude you or Extend from seeking action by federal, state, or local government agencies.  You and Extend also have the right to bring qualifying claims in small claims court.  In addition, you and Extend retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

    Neither you nor Extend may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or Extend’s individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

    If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Terms.  This Section of the Terms will survive the termination of your relationship with Extend.

    THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR EXTEND WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  14. Payment
    1. Payment Terms. Customer agrees to pay to Extend the fees (“Fees”) detailed in Schedule I. All amounts payable under this Agreement are denominated in and shall be payable in United States Dollars. Customer shall pay all invoices within thirty (30) days of receipt of invoice. Any undisputed amounts remaining unpaid following the payment due date, and all disputed payments that are due following the resolution of such dispute, will bear interest accruing from the due date through the date that such amounts are paid at the lower interest rate of (a) 1.0% per month and (b) the highest interest rate allowed by law. Customer is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Extend’s net income) that are imposed or become due in connection with the subject matter of this Agreement. Fees are non-refundable except as expressly provided in this Agreement or as otherwise agreed to in writing by Extend in its sole discretion. Extend reserves the right to change its prices, reimbursement rates and commission rates by giving Customer at least thirty (30) days written notice of such change.

    2. Non-Payments. In the event Customer fails to pay any amounts due in accordance with Section 14.1, Extend shall have no obligation to perform the Services with respect to the applicable Service Contract. If Extend performs Services with respect to a Service Contract for which payment has not been received from Customer, Extend shall invoice Customer for the fee associated with such Services plus the claims cost and Customer shall be responsible for paying such amount in accordance with Section 14.1.

    3. Replacements. Extend will reimburse Customer for Replacements at the rate set forth in Schedule I on a monthly basis, with payment terms of net thirty (30) days from the date of a correct and undisputed invoice.

    4. Cancellations and Refunds. In the event of a Service Contract cancellation, Customer shall be responsible for processing such cancellation and refunding to the Warranty Customer its applicable share of the applicable pro-rata retail price based on the remaining term of coverage, less costs for services performed if any and if permitted by applicable law based on the state in which the Warranty Customer purchased the Service Contract. Extend shall coordinate with the Service Contract Obligor for a refund to Customer of any Service Contract fee on a pro-rata basis due to cancellation based on the remaining term of coverage.
  15. Marketing
    Extend may reproduce and use Customer’s name and/or logo for the sole purpose of indicating the existence of a customer relationship with Customer and promoting Extend’s products and services.
  16. Restrictions
    Company may only market and sell the Services in the Territory. Notwithstanding the previous sentence, upon notice from Extend that Customer may not continue marketing and/or selling the Services in a jurisdiction (an “Excluded Jurisdiction”), Customer shall promptly discontinue the marketing and sale of the Services in the Excluded Jurisdiction following receipt of such notice from Extend, unless and until Extend notifies Customer that it may resume marketing or selling the Services in the Excluded Jurisdiction.

    Customer will not (a) make the Services or SDK available to, or use the Services or SDK for the benefit of, anyone other than Customer or Users, (b) sell, resell, license, sublicense, distribute, rent, or lease the Services or SDK, or include the Services or SDK in a service bureau or outsourcing offering, (c) use the Services or SDK to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services or SDK to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the Services or SDK or any third-party data contained therein, (f) attempt to gain unauthorized access to the Services or SDK or any related systems or networks, (g) permit direct or indirect access to or use of the Services or SDK in a way that circumvents a contractual usage limit, (h) copy the Services or SDK or any part, feature, function, or user interface thereof, (i) frame or mirror any part of the Services or SDK, other than framing on Customer’s own intranets or otherwise for Customer’s own internal business purposes or as permitted in the Documentation, (j) access the Services or SDK in order to build a competitive product or service, or (k) reverse engineer, disassemble, or decompile the Services or SDK.
  17. Miscellaneous
    1. Independent Contractors. Extend and Customer are, and will be deemed to be, independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship between Extend and Customer.

    2. Assignment​. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or equity. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

    3. Amendment; Waiver​. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

    4. Force Majeure.​ Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failure, and power failures. If such force majeure condition prevents performance of a party’s obligations under this Agreement for more than thirty (30) continuous days, either party may terminate this Agreement without liability to the other party for such termination.

    5. Notices​. All notices between the parties shall be in writing and shall be deemed to have been given if personally delivered or sent by certified mail (return receipt requested), electronic mail or facsimile, to the other party’s current or last known address. Notices shall be deemed effective upon receipt if personally delivered, three (3) business days after it was sent if by certified mail, or one (1) business days after it was sent if by electronic mail or facsimile.

    6. Severability​. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

    7. Counterparts​. This Agreement may be executed electronically and simultaneously in two (2) or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.

    8. Complete Understanding.​ This Agreement, including properly incorporated order form(s) (such order forms, if any, are subject to the terms of this Agreement in the event of a conflict) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.
  18. Other Provisions
    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.

    These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

    You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Francisco, California.

    You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

    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.
  19. Changes to these Terms
    From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on the Site.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use the Site or Services, you are agreeing to the revised Terms.  

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.