Servicon Systems, Inc.
Last Updated: 6/3/2019
- you must be 18 years or older use our services and Platform;
- you must not provide or submit any false personal information to us;
- you must not submit information on our Platform for anyone other than yourself or organizations for whom you authorized represent;
- you must not solicit information belonging to someone else;
- if applicable, you are responsible for keeping your password secure;
- you must not use our services or the Platform for any illegal, unauthorized, discriminatory, misleading or malicious purpose;
- you are solely responsible for your conduct on or through our Platform;
- you are solely responsible for any data and information that you submit, post, and display on or through our Platform;
- you must not post or submit data or information that is hate speech, threatening, pornographic, incites violence, contains nudity, or contains gratuitous violence;
- you must not collect our data and information, or otherwise access our Platform using automated means (such as harvesting bots, robots, spiders, or scrapers);
- you must not modify, adapt or hack our Platform;
- you must not create or submit unwanted, harmful, or malicious emails, comments, or correspondence to any other member of our Platform ("Spam");
- you must not transmit any worm, virus or code of a harmful or malicious nature on or through our Platform, or to any other member of our Platform;
- you must obey any law in your jurisdiction relating to your use of our services and Platform.
The materials, procedures, information, and data that make up our Platform and services may be protected by applicable intellectual property law, including but not limited to copyright and trademark law. You may not use or adapt any of our intellectual property, unless you have received a license grant from us, or such use constitutes fair use under such applicable laws and statutes.
-As used herein, the terms “using” or “processing” information shall include without limitation using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
-As used herein, the term “affiliates” shall mean companies related by common ownership or control.
-As used herein, the phrases “including but not limited to” and “include without limitation” shall mean a list of parts or components that is not exhaustive and, thus, not exclusive.
Information We Collect
We collect and maintain information and data in order to operate effectively and provide you the best experience possible with our Platform. You provide some of this information and data directly to us, including but not limited to when you submit a contact form. We also get some of this information and data by recording how you interact with our Platform, including but not limited to using technologies like cookies. Lastly, we may get some of this information and data from third parties. By using our Platform, you authorize us to collect and maintain any of this information and data, whether received indirectly or directly, including but not limited to the following:
Personal Information is information that could reasonably be used to identify you individually, including but not limited to your name, postal address, e-mail address, and mobile number, but does not include your credit card number or other financial information. We use Personal Information to provide you the products and services we offer, including but not limited to ensuring you are within our service area. We also may use Personal Information to communicate with you. Failure to provide us with required and accurate Personal Information may preclude you from accessing or using our Platform.
Cookies and Similar Technologies
We may include small pixel graphic images, sometimes called web beacons (also known as "pixel tags" or "clear GIFs"), on our Platform and in e-mails sent by us. Web beacons are minute graphics with a unique identifier or other similar web programming code. Web beacons are used along with cookies to compile aggregated statistics to analyze how our Platform is used. Web beacons help us better manage the Platform, including but not limited to counting how many e-mails sent by us were actually opened.
When you visit our Platform, our servers automatically record information that your browser sends to us. This log data includes various information and data, including but not limited to your computer’s Internet Protocol (IP) address; browser type or the webpage you were visiting before you came to our Site or Application; pages of our Site and Application that you visit; the time spent on those pages; and access times and dates. Log data is required to verify that visitors to our Site and Application meet certain requirements to process their requests. We may also use Log Data for various other reasons, including but not limited to the technical administration and increased functionality of our Platform.
We do not process Financial Information, including but not limited to credit card numbers or bank account information, on or through our Platform.
Identity theft and the practice known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not, at any time, request your credit card information, login password, or national identification numbers in an unsolicited e-mail or telephone communication. For more information about phishing, please visit the Federal Trade Commission website at http://www.ftc.gov.
Changing or Deleting Your Information
You may contact us to update, correct, or delete any of your Personal Information. Failure to provide us with required and accurate Personal Information may preclude you from accessing or using our Platform.
We may send e-mails to the address specified in your contact submission form. You may at any time opt-out of receiving newsletters, marketing, or promotional materials that we may send to you. If you decide that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in the communication. You may not opt-out of e-mail communication from us if it relates to your use of our Platform, and if it is of a non-promotional or non-marketing nature.
Sharing your Information
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties, including but not limited to insurance providers, as we, in our sole discretion, believe necessary or appropriate under the law. This includes but is not limited to responding to subpoenas requiring the production of information; responding to claims or legal process; to protect our rights or property, or those of a third party; to protect the safety of the public or any person; to ensure the safety and security of our users and employees; or to prevent or stop any activity we consider to be, or poses a risk of being, an illegal or legally actionable activity.
We may employ third party companies and individuals to perform Site and Application-related services, including but not limited to maintenance services, database management, web analytics, and fraud detection. These third parties may have access to your Personal Information while performing these services; if they do, this access is only so that they may perform tasks on our behalf, and they are obligated not to disclose or use it for any other purpose.
Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other jurisdictional territory where the privacy laws may not guarantee the same level of protection as those in your jurisdiction. By providing your information to us, you consent to such transfers.
In connection with a merger, acquisition, reorganization, bankruptcy, or sale of assets, we may transfer or otherwise share some or all of your data and information.
We are very concerned with safeguarding your information. We undertake reasonable efforts consistent with industry practices to maintain the security of your information. However, no method of transmission of information over the Internet, or methods of electronic storage, is completely secure. Therefore, we do cannot guarantee the absolute security of your information. Any transmission of information or data to our Platform is solely at your own risk. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your electronically stored “personal data” (as defined by applicable law). Disclosures will be made to you by e-mail or conspicuous posting on the Site and Application. Disclosures will be made without unreasonable delay, consistent with the legitimate needs of law enforcement and other measures necessary to determine the scope of the breach and restore the reasonable integrity of our system.
Links to Other Websites
Our Platform may contain links to websites, banner ads, or other types of linked content (“Linked Content”) maintained by others. We do not exercise control over Linked Content. Your choice to visit Linked Content is solely at your own risk. The fact that our Platform contains Linked Content is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy policies, terms of service/use, or security practices.
Disclaimer of Warranties
USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SERVICON SERVICON SYSTEMS, INC. NOR ITS AFFILIATES OR LICENSORS WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH OUR PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CLEANING PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORM AND SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE PLATFORM, SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF OUR PLATFORM OR SERVICES OR THE TERMS. ACCESS TO OUR PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER SERVICON SYSTEMS, INC. NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM. NEITHER SERVICON SYSTEMS, INC. NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SERVICON SYSTEMS, INC. AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU AGREE NOT TO HOLD SERVICON SYSTEMS, INC., ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "PARTICIPANTS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE OUR PLATFORM OR SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (1) THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), (2) CLEANING SERVICES, (3) ANY DISPUTE WITH ANY USER, (4) ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SERVICON SYSTEMS, INC. OR PARTICIPANTS, AND (5) ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL SERVICON SYSTEMS, INC. OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR PLATFORM OR SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY PARTICIPANT(S) IS/ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SERVICON SYSTEMS, INC.
You hereby agree to indemnify, defend, and hold harmless Servicon Systems, Inc., and its directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands, including but not limited to attorneys' fees and costs incurred, in connection with or resulting from, directly or indirectly: (1) your use or misuse of or inability to use our Platform or services; (2) your violation of the Terms, (3) your violation of any applicable law or regulation; (4) your violation of the rights of another; and (5) your information and data that you submit, transmit, or publish on through our Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of us.
Governing Law and Jurisdiction
The Terms is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You hereby agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Los Angeles, California.
You may not assign or transfer any rights or obligations conferred to you under the Terms without our prior written approval. We may assign or transfer our rights and obligation under the Terms without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, (3) to our insurance carrier, and (4) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. The Terms is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns.
The captions and headings herein are solely for convenience and shall not affect the interpretation of this agreement. The terms herein shall not be modified or amended except in writing signed by both parties, or by means of a new update posted by us as described above. The terms herein shall be interpreted as if jointly drafted by the parties. We shall have no liability to you for any failure or delay in performing our obligations under the terms herein where such failure or delay is caused by an event or circumstance beyond our reasonable control, including but not limited to: (1) strikes, lock-outs or other industrial disputes, (2) breakdown of systems or network access, and (3) flood, fire, explosion, acts of terrorism, accidents, or other force majeure events. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by any term herein. A failure by us to enforce any provision(s) of the terms herein will not be construed as a waiver of any provision or right. The terms herein constitute the entire agreement between you and us with respect to its subject matter. You agree that, except as otherwise expressly provided in the terms herein, you shall not have third party beneficiaries to this agreement. You agree that any dispute, claim or cause of action arising out of or related to the terms herein must be filed within one (1) year after such a dispute, claim or cause of action arose, or forever be barred, regardless of any statute or law to the contrary, as allowable by law. All notices provided to a party in connection with legal redress arising out of the terms herein will be deemed given as of the day they are received either by email, messenger, delivery service, or U.S. Mail. Your address for such notices is your email address that you have provided to us on your account or your registered agent for service of process. Our address for such notices is our physical address: Servicon Systems, Attn. In-House Counsel, 3965 Landmark St., Culver City, CA 90232.
All terms and condition contained herein shall be deemed severable. In the event that any provision or phrase is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.