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Terms of Use
THE FOLLOWING DESCRIBES THE TERMS ON WHICH SERVEMEHERE.COM, LLC, A CALIFORNIA COMPANY, OFFERS YOU ACCESS TO OUR SERVICES ON SERVEMEHERE.COM.
The services available at http://www.servemehere.com (the "Site") are owned and operated by ServeMeHere.com, LLC (“We” or “Us”), a California Company, and are provided to you ("You" or “Service Provider”) under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not register as a Service Provider. ServeMeHere.com may amend this Agreement at any time by posting the amended terms and conditions on the Site. This Agreement may not be otherwise amended except in writing signed by You and ServeMeHere.com, LLC.
SERVICES. ServeMeHere.com is a lead generation online service that matches requests from potential customers ("Member") with individuals and entities that offer services ("Service Provider" or “You”). ServeMeHere.com is not involved in the actual transaction between Members and Service Providers. Consequently, ServeMeHere.com can not ensure that a transaction will occur. Further, if a transaction does occur, ServeMeHere.com has no control over the quality, safety or legality of service sold or over the quality, authority, capacity or credit of the Member requesting a Service. The Site acts as a venue for Members (i) to find the right Service Providers for its specific needs and (ii) to simplify its search for services and/or consulting opportunities by having the ability to find Service Providers online, to contact them and to make an appointment online with them 24/7. The Site allows Service Providers to create a profile containing their business information, the services offered and its prices and marketing info about Service Professionals. The Site contains an innovative online calendar that has to be managed and updated in a timely manner by Service Providers and that allows Members to book Service Providers online 24/7. This service is free for Members to use in submitting requests, making appointments and reviewing responses. ServeMeHere.com does not charge Members or Service Providers to use this service. ServeMeHere.com is not responsible for any user's access to or ability to use email, or the filtering policies of any Internet service or email providers, and is consequentially not liable for any losses or inconveniences which may arise from undelivered email notifications.
SERVICE PROVIDER. For an individual or business entity to become a Service Provider on www.servemehere.com, he/she/it shall:
ELIGIBILITY. By becoming a Service Provider, You represent and warrant that You are at least 18 years old. By using the Site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You may not authorize others to use Your Account, and You may not assign or otherwise transfer Your Account to any other person or entity.
FREE (NO FEE). By registering as a Service Provider, you agree do not have to pay any fee to ServeMeHere.com as the service is free of charge. By registering as a Service Provider and submitting your profile, You hereby acknowledge, agree and authorize ServeMeHere.com to keep Your profile, for an unlimited period of time, until such time as Service Provider instructs ServeMeHere.com to delete it. The deletion is conducted by ServeMeHere.com by giving a two weeks prior notice to ServeMeHere.com by email at cancel@servemehere.com.
TERM AND TERMINATION: This Agreement will remain in full force and effect while you are a Service Provider. You may terminate your membership by giving a two weeks prior notice to ServeMeHere.com by email at cancel@servemehere.com. Either You or We may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending email notice to the other party. In the event that (a) You terminate your membership or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Statement, You shall not be entitled to, nor shall We be liable to You for, any right to have a profile on the Site or be a member of the Site, and We may continue to bar Your use of the Site in the future. Even after membership is terminated, this Agreement will remain in effect.
Upon termination by Us without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You. In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Statement, You shall not be entitled to, nor shall We be liable to You for, any refund of any unused portion of any subscription payments We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.
CONDUCT. Please use common sense and practice safe trading when using the Site. You agree to provide true, accurate, current and complete information to ServeMeHere.com and Members when using the Site. You may not allow anyone else to use Your email address and You may not use anyone else's email address while using the Service. You agree to notify ServeMeHere.com immediately of any unauthorized use of your email or any other breach of security. ServeMeHere.com will not be liable for any loss or damage arising from your failure to comply.
You agree not to use the Site:
a) for any purpose in violation of local, state, national, or international laws;
b) to request the purchase of firearms;
c) in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
d) to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by ServeMeHere.com Service in its sole discretion;
e) to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
f) to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
g) to post improper responses;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
j) to post improper comments about a Service Provider or to make any comment that could be construed as libel or defamation
k) to engage in any other conduct that inhibits any other person from using or enjoying ServeMeHere.com and which negatively affects the user experience.
OBLIGATIONS OF PARTIES. Members should always read or contact Service Providers to learn about its Cancellation Policy. By booking a service online through ServeMeHere.com, Members agree to follow and be bound with Service Provider Cancellation Policy. We encourage You to make your Cancellation Policy well known by Members by using your Online Profile.
You understand and agree to manage and update in a timely manner the innovative online calendar that has been created by ServeMeHere.com to help Members make an appointment online with You 24/7.
You agree to notify Members in a timely manner should the appointment be cancelled, delayed and/or rescheduled.
SERVICES PAYMENTS. We cannot and do not control whether any Member will complete the payment for the services provided by You. We are not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Members and Service Providers. We do not act as a financial intermediary, a credit card processor, a clearinghouse or any type of financial or banking services provider. All matters regarding payments shall be resolved between Members and Service Providers.
PRIVACY. Solely to enable ServeMeHere.com to use the information you supply us with ("Your Information"), so that we and Service Providers are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. ServeMeHere.com will only use Your Information in accordance with our Privacy Policy and will require that Service Providers who use Your information use it in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
CONTENT. ServeMeHere.com reserves the right to post on the Site any service information entered by you in the request form ("Content") or submitted by you as a review of a Service Provider; however, we will not post any information you input in the fields calling for personally identifiable information to Service Providers, unless you specifically provide your personal information and select that it can be provided to Service Providers. You hereby acknowledge that neither ServeMeHere.com nor any of its Service Providers has or shall have any liability for how the Services are used, what Content is posted or accessed, or what products or services are made available through the Sites.
You acknowledge that ServeMeHere.com may screen requests to Service Providers and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.
RELEASE. Because we are not involved in the actual transaction between Members and Service Providers, in the event that you have a dispute, for any reason, You release ServeMeHere.com (and any officers, directors, agents, and employees thereof) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
REFERRAL. Because We believe our Service Providers deserve to be rewarded every time they refer our website to (i) a friend to become a member or (ii) a Service Provider, We set up a Referral reward program.
Referral points will be awarded to you once the friend you referred will have (i) booked and completed at least two services through ServeMeHere.com or (ii) been a Service Provider for at least 3 months.
Once your amount of referral points will be equal to 100 points, ServeMeHere.com will reward you with a Thirty Dollars ($30) coupon to use as a credit toward ServeMeHere.com Fee.
The Service Provider to whom the coupon will be redeemed shall inform ServeMeHere.com of such redeem and forward it to ServeMeHere.com. Upon reception of such coupon, Service Provider will be given three months of monthly subscription at no charge.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the site and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances are we responsible for any loss or damage resulting from any person's reliance on information or other content posted on the site or transmitted to members.
We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the site. We shall have the right to remove any such material that, in our sole discretion, violates, or is alleged to violate, the law or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Site, including but not limited to any posting or listing in the public areas of the site and in your private email messages. Emails sent between you and other members that are not readily accessible to the general public may be reviewed by us for compliance with this agreement, but will be treated by us as private to the extent required by applicable law.
Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted by Members or You and we are not liable for any such information posted on our site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on our site which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, we cannot, nor do We, control the information provided by You or other content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the ServeMeHere.com Web Site is provided "AS IS" and may contain technical inaccuracies or typographical errors.
The Web Site may contain links to third-party web sites not under the control or operation of ServeMeHere.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
SERVEMEHERE.COM’S PROPRIETARY RIGHTS. You acknowledge and agree that the Site and any necessary software used in connection with the Sites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Site or presented to you through the Site is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by ServeMeHere.com, you agree not to modify, sell, distribute or create derivative works based on the Site or software, in whole or part.
Servemehere.com agrees to authorize Service Provider to use its ServeMeHere.com profile URL for its personal or business use on marketing documents such as website or business cards. Service Provider’s ServeMeHere.com URL address can be found on its ServeMeHere.com profile page. As a supplemental technical tool linked to this authorization, Service Provider shall be allowed to create an HTML Code whose purpose is to edit a button directing Members to Service Provider’s profile page.
UPGRADES, SUPPORT AND NOTICES. From time to time, ServeMeHere.com may, and has the right, to send You information and offers about upgrades, documentation, special announcements and other services offered by ServeMeHere.com. Notwithstanding the foregoing, under no circumstances will ServeMeHere.com or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites.
INDEMNITY. You agree to indemnify and hold ServeMeHere.com, its parents, subsidiaries, affiliates, officers, employees and Partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Site, use of Your account by any third party, Your purchase or use of services offered by the Service Providers, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMER. You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER SERVEMEHERE.COM NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SERVEMEHERE.COM BE LIABLE TO YOU OR ANY MEMBER OR SERVICE PROVIDER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that you have a dispute with one or more Member or Service Provider, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, the Services, or such dispute. You waive the provisions of any state law limiting or prohibiting a general release.
Notwithstanding any other provision of this Agreement, in no event will ServeMeHere.com's liability to you for any action or claim related to the Services provided under this Agreement, whether based on contract, tort, negligence, or any other theory of liability, exceed the greater of: (A) $250 or (B) the aggregate amount of Service Charges actually collected by ServeMeHere.com from you for the Services to which the liability relates during the three (3) month period immediately preceding the determination of such liability.
STATE SPECIFIC LEGAL NOTICES. Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: ServeMeHere.com, located in Los Angeles, California, is the provider of the electronic commercial service on this site. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact ServeMeHere.com to resolve a complaint regarding any aspect of service relating to this site by writing to the above address, or contact us at info@ServeMeHere.com.
MISCELLANEOUS
A. This Agreement, and all writings, web pages, agreements and policies, including, but not limited to, the ServeMeHere.com Privacy Policy, incorporated herein, contains the entire Agreement between the parties and supersedes any prior agreement, negotiation or understanding of the parties, whether oral or in writing, with respect to the subject matter of this Agreement. Any representations, promises or conditions not incorporated herein shall not be binding upon ServeMeHere.com, ServeMeHere.com, Members or Service Providers or their respective successors and assigns. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of both parties. This Agreement is not assignable, transferable or sublicensable by You without ServeMeHere.com's prior written consent. ServeMeHere.com may assign this Agreement in whole or in part.
B. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for convenience and reference purposes only and have no legal or contractual effect. Failure of either party to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by the other party shall not be construed as a waiver of such a breach or prevent said party from thereafter enforcing strict compliance with any or all of the terms thereof.
C. This Agreement does not create a relationship of agency, partnership, joint venture, employment or representation between ServeMeHere.com and You for any purpose whatsoever, it being understood between the parties hereto that Service Providers are to act as independent contractors and are not authorized to make any contract, agreement, warranty or representation on behalf of each other nor have any authority of any kind to bind ServeMeHere.com in any respect whatsoever.
D. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
E. You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) your use of the Web Site and the Services and any Other Services provided thereby or therein; (ii) your ordering or posting of, services or offers, if applicable; and (iii) the posting and retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our Web Site.
F. This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of California, City of Los Angeles with regard to any and all claims by you arising out of or related to the Websites. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded
G. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
H. All notices required or permitted to be given under this Agreement, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered or certified mail to the addresses set forth below or to such other address as any party shall designate by notice in writing.
You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.