Copyright © 2008-2009 Service Pro Direct. All Rights Reserved. Terms & Conditions | Privacy Policy
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Welcome to serviceprodirect.com. Service Pro Direct, LLC and/or its affiliates (“Service Pro”) provide website features to you subject to the following conditions. If you visit serviceprodirect.com, you accept these terms and conditions (“Terms”) in their entirety, without alteration. Please read them carefully. In addition, when you use any current or future Service Pro service or business you also will be subject to the guidelines, terms and agreements applicable to such service or business. If these conditions are inconsistent with the Terms, the terms and conditions of such service or business will control. If you do not agree with any of the Terms, please do not use this website. We may amend these Terms at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices. When you use our services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our Web site. Some of this information will be sent to contractors and service professionals and providers (“Service Professionals”) who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by Service Professionals via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Service Pro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Service Pro has the right to refuse any current or future use of the Service Pro services (or any portion thereof) by you. You are responsible for any use of the Service Pro services by persons to whom you intentionally or negligently allow access to your password.
Service Pro endeavors to match your service needs with suitable Service Professionals. We do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed Service Professionals, we make no guarantees or representations regarding the skills or representations of such Service Professional or the quality of the job that they may perform for you if you elect to retain their services. Service Pro does not endorse or recommend the services of any particular Service Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of Service Pro, nor is Service Pro an agent of the Service Professionals. Service Pro does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Service Professional, you must address such dispute with the service professional directly.
You acknowledge and agree that your use of the Service Pro services is for your personal use and not for any commercial or advertising purposes.
All materials on this website and in our e-mail and other communications, including, but not limited to written content, any ratings and reviews or other content posted by you, images, illustrations, audio clips, video clips, in all media and formats (the “Materials”) are protected by copyrights which are owned or licensed by Service Pro. Further, “Service Pro Direct” and other Service Pro graphics, logos, page headers, button icons, scripts, and service names (the “Marks”) are trademarks, registered trademarks or trade dress of Service Pro in the U.S. and/or other countries. None of the Materials or the Marks, nor any of the materials in other websites owned or operated by Service Pro may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software of the website or any part thereof unless this is expressly permitted or required by law.
Any modification of the Materials or the Marks, or use of the Materials or the Marks for any other purpose constitutes an infringement of our copyright and other proprietary rights. Use of the Materials or the Marks on any other website or other networked computer environment is prohibited.
Any proprietary rights notices including copyright and trademark notices which may be affixed to or contained within the Materials or the Marks shall not be removed, obscured or altered. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks which are connected to this website.
You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Service Pro for any such damages, and will and here by do indemnify and hold harmless Service Pro in the event of any third party claims against Service Pro based on or arising from your violation of the foregoing.
We reserve the right to revoke your access to the Service Pro Web site and services at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by Service Pro in its sole discretion that you are misusing or attempting to misuse or circumvent the Service Pro services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Service Pro reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SERVICE PRO AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SERVICE PRO AND EACH SERVICE PRO SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF SERVICE PRO AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS’ FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
Service Pro grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Service Pro. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site, including content contained in our e-mail newsletters and other communications, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Service Pro. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Service Pro without express written consent. You may not use any meta tags or any other “hidden text” utilizing Service Pro’s name or trademarks without the express written consent of Service Pro. Any unauthorized use terminates the permission or license granted by Service Pro. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Service Pro so long as the link does not portray Service Pro, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Service Pro Mark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your password; (c) promptly inform Service Pro of any need to deactivate a password. You grant Service Pro and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website. If you are under 18, you may use Service Pro only with involvement of a parent or guardian. Service Pro reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You grant Service Pro and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website.
You may post reviews, comments and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and in the case of reviews does not refer to Service Providers other than those subject of the review and addresses only specific or meaningful issues associated with the Service Provider’s performance, does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Service Pro reserves the right (but does not have the obligation) to remove or edit such content in its absolute discretion.
Further, a reviewer must provide permission to Service Pro to contact the Service Professional about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached.
All ratings and reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Service Pro. Service Pro disclaims any and all representations or warranties with regard to the ratings and reviews.
Reviews do not reflect the views of Service Pro, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. Service Pro does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of this website or the materials contained therein.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Service Pro and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Service Pro will terminate the infringing customer's account. Service Pro may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Service Pro has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Service Pro respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Service Pro website, please contact "Accounts", via email at accounts@serviceprodirect.com, or mail at:
Service Pro Direct, LLC
4 Carriage Lane, Suite 403
Charleston, SC 29407
Any written notice describing the infringing activity must include the following information:
Parties other than Service Pro may provide services or promote and sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. These links are provided for your convenience only and you access them at your own risk. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Service Pro does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
BY USING THIS WEBSITE, YOU AGREE TO AND HEREBY DO INDEMNIFY SERVICE PRO, ITS OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES (INCLUDING ATTORNEYS’ FEES) AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT OR ARISING FROM YOUR VIOLATION OR ALLEGED VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SERVICE PRO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SERVICE PRO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVICE PRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PRO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SERVICE PRO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PRO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SERVICE PRO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This website is controlled and operated by Service Pro from its headquarters in Charleston, South Carolina. Service Pro does not represent or warrant that materials on this website are appropriate or available for use in other locations. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to this website shall be brought in either the State or Federal Courts of South Carolina. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Service Pro and this agreement shall not be modified, except in writing, signed by both parties.
Please review our other policies posted on this site. These policies also govern your visit to this site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The failure of Service Pro to exercise or enforce any right under or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service Pro services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms will continue to apply until terminated by either Service Pro or you. If you intend to terminate this agreement you may discontinue using this website.
Service Pro may terminate this agreement if you have breached any provision of the Terms or you have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms. Service Pro may also terminate this agreement if it is transitioning to no longer providing this website.
When these Terms come to an end, all the legal rights, obligations and liabilities from which you and Service Pro have benefited or to which you and Service Pro have been subjected shall be unaffected.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
OUR ADDRESS
Service Pro Direct, LLC
4 Carriage Lane, Suite 403
Charleston, SC 29407
Copyright © 2008-2009 Service Pro Direct. All Rights Reserved. Terms & Conditions | Privacy Policy