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ServiceForMe.com - Terms of Use Agreement
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This document was last updated on December 17, 2007.
Please read this Terms of Use Agreement before using the website.
This Terms of Use Agreement sets forth the standards of use of the ServiceForMe.com Online Service. By using ServiceForMe.com website (the “Website”) features and functions (the “Service”), you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. DESCRIPTION OF SERVICE
ServiceForMe.com is providing the Member with a website that serves as an online platform for connecting consumers and service providers. This Website only provides the platform for consumers and service providers. We are not directly involved in the actual transactions between Members of the Website nor do we authenticate or endorse any claims, comments, postings, messages, qualifications, or skills indicated by Members. ServiceForMe.com cannot and does not confirm the identification information of Members. We can only verify certain details provided by the Member at the time of registration. ServiceForMe.com encourages you to use common sense and good judgment when dealing with other Members.
This Website functions as an online place for Members to find or list services. We are not involved in any way with the actual completion of the services. Consequently, we do not have any control over the Member’s ability, quality, or truthfulness of the listed and performed services nor the legality of such services. ServiceForMe.com is not included in the execution of any agreement between Members. Thus, we cannot and do not guarantee in any way that a transaction (service) between Members will actually be completed or associated terms will be met.
2. DISCLAIMER OF WARRANTIES
The site is provided by ServiceForMe.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ServiceForMe.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. ServiceForMe.com shall have no liability for any interruptions in the use of this Website. ServiceForMe.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore in those jurisdictions the above-referenced exclusion is inapplicable.
3. LIMITATION OF LIABILITY
ServiceForMe.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ServiceForMe.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ServiceForMe.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
4. INDEMNIFICATION
Member agrees to indemnify and hold ServiceForMe.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. MODIFICATIONS AND INTERRUPTION TO SERVICE
ServiceForMe.com reserves the right to modify or discontinue the Service with or without notice to the Member. ServiceForMe.com shall not be liable to Member or any third party should ServiceForMe.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that ServiceForMe.com does not guarantee continuous, uninterrupted or secure access to Website and operation of Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. USER CONDUCT
Member agrees not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ServiceForMe.com.
In addition, Member agrees not to interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
Member agrees not to take any action that imposes or may impose (in our sole discretion) an unreasonable or excessively large load on our infrastructure.
Member also agrees not to reproduce, modify, create derivative works of, share, or publish any content other than the Member’s own profile from the Website without prior written permission from ServiceForMe.com.
Member agrees not to place any vulgar, offensive, or pornographic material on the Website.
Member agrees not to use the Website to solicit or promote any services which are not specifically listed by the Website itself.
Member agrees it is solely at the discretion of ServiceForMe.com to determine if the Member has acted inappropriately on the Website.
Member understands that ServiceForMe.com may immediately suspend or remove the Member’s account, profiles, and projects for failure to comply with the terms of this paragraph.
ServiceForMe.com also reserves the right to suspend or remove the Member’s unconfirmed or inactive account, profiles, and projects.
7. THIRD-PARTY SITES
Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
8. GOVERNING JURISDICTION OF THE COURTS
Website is operated in the State of Minnesota. As such, we are subject to the laws of the State of Minnesota, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Minnesota.
If a dispute arises between you and ServiceForMe.com, we strongly encourage you to first contact us directly to seek a resolution before any litigation occurs. We will consider reasonable requests to resolve the dispute through typical dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You agree that any claim or dispute you may have against ServiceForMe.com must be resolved by a court located in Dakota County, Minnesota. You agree to submit to the personal jurisdiction of the courts located within Dakota County, Minnesota for the purpose of litigating all such claims or disputes.
9. COMPLIANCE WITH LAWS
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © Copyright 2007 Wingenious, Inc., with all rights reserved, or is the property of Wingenious, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ServiceForMe.com is strictly prohibited.
Wingenious.com™ and ServiceForMe.com™ are proprietary marks of Wingenious, Inc. Wingenious, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Wingenious, Inc. or ServiceForMe.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wingenious, Inc. or ServiceForMe.com. ServiceForMe.com is a registered assumed name of Wingenious, Inc.
All other trademarks displayed on this Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the websites of third parties are not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Wingenious, Inc. or ServiceForMe.com.
11. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Wingenious, Inc. and ServiceForMe.com designate the following addresses for receipt of notifications of claimed copyright infringement.
Attention: Copyright Infringement
ServiceForMe.com
1410 Rocky Lane
Eagan, MN 55122
copyright@ServiceForMe.com
12. OTHER TERMS
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ServiceForMe.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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