Effective Date: September 28, 2023
Welcome to SERV! Please read on to learn the terms that govern your use of our communication tool and platform (the “Services”) for residential service providers (“Contractors”).
These Terms are Legally Binding
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
The Services enable Contractors and their registered sub-contractors (“Subcontractors”) to communicate with residential consumers (“Consumers”) about service jobs. The Services facilitate easy scheduling, messaging, and payment between Contractors and their Subcontractors on one hand and Consumers on the other hand.
If You are a Consumer
As a Consumer, you may register for the Services and enroll to communicate with one or several Contractors (and their Subcontractors) about jobs posted on the Services. If Consumer and a Contractor decide to enter into a contractual relationship for the provision of a job or product; SERV is not responsible for and is not a party to any such contract and under no circumstances will any such contract create an employment or any service relationship between SERV and any Consumer.
If You are a Subcontractor
If you are a Subcontractor, you may register for the Services but you will have limited functionality until you are invited to join a “Team” by a Contractor. If you wish to be removed from a Team, please contact the corresponding Contractor.
The Relationship Between You and Contractors
Each Contractor has separately agreed to a written agreement with SERV (each, a “Contract”). Each Contract permits Contractor to create teams for Subcontractors and to invite Consumers to communicate about and coordinate jobs.
When a Subcontractor or Consumer submits information or materials through the Services to a specific Contractor or in connection with a job posted on the Services (“End User Content”), such End User Data is subject to the terms of the Contract between SERV and Contractor.
SERV has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party website or by any third party that you interact with through the Services (including any Contractor or Subcontractor).
Your interactions with organizations and individuals via the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SERV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that SERV is under no obligation to become involved. In the event that you have a dispute with one or more Contractors, Subcontractors or Consumers, you release SERV, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Text Messaging via the Services
By using the Services, you may be required to register a mobile phone number to receive mobile texts and alerts about the Services and jobs managed by the Services, including messages from Contractors and Sub-Contractors. Message and data rates may apply.
Are there any restrictions on using the Services?
You represent, warrant, and agree that you will not use the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including SERV);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your SERV account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use the Services.
Will SERV ever change the Services?
We’re always trying to improve the Services and so they may change over time (including any applicable fees). We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
Will these Terms ever change?
We are constantly trying to improve our Services and so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the SERV website, by sending you an email, or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What if I want to stop using SERV?
SERV is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. SERV has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes.
What else do I need to know?
Warranty Disclaimer. Neither SERV nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Products and services purchased or offered through the Services are provided “AS-IS” and without any warranty of any kind from SERV or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product or service). THE SERVICES ARE PROVIDED BY SERV ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SERV (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $500 OR (II) THE AMOUNTS PAID BY YOU TO SERV IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold SERV, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without SERV’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice Of Law & Jurisdiction.
These Terms and your use of the Services will be interpreted in accordance with the law of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and SERV agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District court, Northern District of California located in San Francisco, California (collectively, the “San Francisco Courts”).
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and SERV agree that these Terms are the complete and exclusive statement of the mutual understanding between you and SERV, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of SERV, and you do not have any authority of any kind to bind SERV in any respect whatsoever.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org or SERVCommerce, Inc at 125 E Campbell Ave, Suite 101, Campbell, CA 95008.