Background. Servable, Inc., a Delaware corporation (“Servable,” “our,” “us,” or “we”) provides a proprietary platform (the “Platform”) designed to enable users to offer, sell, solicit, manage and procure services and to customize, launch and manage two-sided service marketplaces.
Acceptance. These Terms of Service (this “Agreement”) shall create a legally binding agreement governing your use of the Platform.
By clicking the “I agree to Servable’s Terms & Conditions” box upon creating an account, you agree on behalf of yourself and (if applicable) your organization (“you” or “User”), effective as of such date (the “Effective Date”), to be bound by this Agreement. You are only authorized to use the Platform if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should discontinue use of the Platform immediately.
1. Provision of the Platform. Subject to the terms and conditions of this Agreement, Servable agrees to provide you with access to the Platform. You agree to cooperate with Servable as may be reasonably required to enable the provision of the Platform hereunder.
2. User Roles. The Platform is designed to serve Users in various roles.
- “Service Providers” are users that promote, offer and provide services to other Users of the Platform. A Service Provider may use the Platform to advertise his or her services, and to offer and provide freelance or contract labor for other Users.
- “Consumers” are Users that solicit services for one or more projects from other Users. Consumers may post a service request to Service Providers on the Platform.
- In addition, Service Providers may offer and provide services and Consumers may solicit and procure services through one or more service marketplaces created and managed through the Platform. Each marketplace created on the Platform has an owner or account creator (“Owner”), and a moderator with certain administrative functions and responsibilities with respect to the marketplace (“Moderator”). The role of the Moderator may be fulfilled by the Owner, or it may be fulfilled by other Users approved and invited by the Owner. Service Providers, Consumers, Owners and Moderators are collectively referred to as “Users” in this document. Users may perform different roles in their use of the Platform. For example, a given User may be an Owner, Moderator, Consumer or Service Provider of the same service or different services in various contexts.
- Certain additional terms are applicable based on the role of the User. The “SERVICE PROVIDERS” section below applies to you only insofar as you use the Platform as a Service Provider; the “CONSUMERS” section applies only insofar as you use the Platform as a Consumer; the “OWNER” section applies only insofar as you use the Platform as an Owner; the “MODERATOR” section applies only insofar as you use the Platform as a Moderator; and the “ALL USERS” section applies to all Users.
3. Acknowledgements Regarding Servable and the Platform. You acknowledge that Servable is a technology provider, not a Consumer or Service Provider. Servable is not directly involved in the transaction between Consumers and Service Providers, except to the extent that it provides the Platform as a technology that facilitate these interactions and retains a Processing Fee based on these transactions. Absent a separate written agreement for the provision of services, Servable does not use the Platform to provide or acquire any services for itself or on behalf of others. User acknowledges that nothing in this Agreement, and no transaction conducted through the Platform, shall in any way be construed to establish any User as an agent, employee, independent contractor or representative of Servable, unless otherwise indicated by Servable in writing.
4. Independent Contractors and Employees. User acknowledges that the Platform is designed to be used by individual and organizational Consumers and Service Providers that are acting as independent contractors of such Consumers. The Platform is not designed to be used by employers to pay their employees. If an employer nonetheless uses the Platform to schedule and manage its employees, the employer User represents and warrants that it shall not use the Platform for payroll purposes. All Users are responsible for ensuring that they comply with all applicable employment laws in connection with their use of the Platform.
TERMS APPLICABLE ONLY TO SERVICE PROVIDERS
5. Service Provider Eligibility. In order to qualify as a Service Provider, you must: (i) maintain current licensing, certification or other requirements and qualifications in your jurisdiction that are applicable to the type of services you offer, or that are otherwise required or imposed by any industry standards organization or any applicable federal, state or local government, (ii) not make any false statements or misrepresentations with respect to your services, and (iii) comply with any requirements imposed by any Owner or Moderator of a marketplace where your services are listed and any requirements imposed by any Consumer with which you communicate, or from whom you request or receive services, buy or sell services, or otherwise transact business via the Platform.
6. Service Provider Promises. As a Service Provider, you agree to comply with all applicable law at all times and to perform you services in a professional and workmanlike manner in accordance with our Code of Conduct and prevailing industry standards.
7. Service Provider Acknowledgements. You agree to furnish all materials necessary to undertake your obligations and responsibilities, and shall incur all expenses associated with your provision of services. It is your sole responsibility to ascertain and maintain an appropriate and desired level of insurance. You acknowledge that Servable is not responsible for and shall not be liable for actions taken or promises made by Consumers, Owners or Moderators. In addition, you accept all risks related to interacting with and transacting with Consumers, Owners or Moderators.
8. Taxes. You acknowledge and agree that you are obligated to report as income any compensation received by you pursuant to transactions conducted through the Platform, and you are solely responsible for paying all self-employment and other Taxes (defined below) thereon. You are solely responsible for determining whether any such Tax is applicable, calculating the same and remitting it to the applicable authority, and for including any applicable taxes that you determine are necessary to remit/report in any fees that you charge to Consumers (to the extent you want the Consumers to bear or share the burden of any such amount).
9. Payments; Processing Fees. In order to become a Service Provider for paid services, you must provide a valid payout account (either a debit card or bank account) in order to receive the funds when a Consumer makes a payment in connection with the Platform. Servable is not responsible for ensuring that Services Providers are paid by the applicable Consumers and Servable does not guarantee any Service Provider will be paid for any services provided, regardless of Consumer satisfaction with said services; however, Servable does guarantee payments to Service Providers for such amounts that have been successfully received by Servable or its agent from the Consumer in accordance with the rates and fee settings configured by the Service Owner. Subject to the foregoing, Service Providers solely accept all risks related to interacting with and transacting with Consumers. If a Consumer fails to pay Service Provider for services received in connection with Platform, Servable may, in its sole discretion pay Service Provider for such services but Servable is not obligated to do so. You expressly authorize Servable's service providers, which, depending on your account type may include Stripe, Inc., to originate credit transfers to your financial institution account.
TERMS APPLICABLE ONLY TO CONSUMERS
10. Consumer Promises. As a Consumer, you agree that you will: (i) as a condition to requesting paid services from Service Providers, connect your Servable account with a valid, unexpired credit card, bank account or other authorized payment method (“Payment Method”) and ensure that such Payment Method remains updated, valid and authorized at all times during the term of this Agreement, (ii) pay for any Service Provider services that you request via the Platform, and (iii) comply with all applicable law at all times. You are responsible for ensuring that you meet the requirements imposed by any Owner or Moderator of a marketplace or by any Service Provider with which you transacts business via the Platform.
11. Consumer Acknowledgements. You acknowledge that Servable has no responsibility and makes no guarantees regarding Service Providers or their service offerings. As between Servable and Service Providers, Service Providers are solely responsible for all aspects of any services provided. Consumer further acknowledges that Servable retains a portion of the payments made for paid services, but solely as a Processing Fee for facilitating the transactions and payments envisioned hereby, and not as payment for the services. Servable does not endorse any Service Providers listed on the Platform, nor does it validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers from whom you request and receive services. You acknowledge and agree that Servable shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's services. Servable does not guarantee that any Service Provider will fulfill any contract for any transaction enabled via the Platform. Consumer solely accepts all risks related to interacting with and transacting with Service Providers.
12. Payment. Consumer hereby authorizes Servable to charge its Payment Method on file with the fees associated with paid services it receives via the Platform. Consumer acknowledges that, should it dispute any charge that appears on a credit or debit card statement related to the use of the Platform to pay for services, any chargeback for such charge shall apply to the applicable Service Provider or Owner and Servable shall not be liable to you for such chargeback.
13. Refunds. Any refunds or adjustments in fees in connection with services provided by a Service Provider will be made to the applicable Payment Method. In the case of service marketplaces, the Moderator will be responsible for providing refunds to the Consumer. If Servable, in its sole discretion, provides a refund to a Consumer, we may seek reimbursement from the applicable Service Provider, Owner or Moderator.
14. Taxes. Consumer acknowledges and agrees that as between Servable and Consumer, Consumer shall be solely responsible for bearing the cost of any sales or comparable taxes associated with purchases it makes from a Service Provider via the Platform, which Servable requires the Service Provider to include in the fees for its services. Servable anticipates that the payment settlement entity or the electronic payment facilitator will file any required Forms 1099-K in respect of payments made to Service Providers, however we encourage each Consumer to consult with his or her personal financial and/or tax advisor to determine whether Consumer needs to file any forms with the Internal Revenue Service with respect to the services performed by Services Providers to whom Consumer pays via the Platform.
TERMS APPLICABLE ONLY TO OWNERS
15. Owner Promises. As an Owner, you agree that you will: (i) maintain current licensing, certification or other requirements and qualifications that are applicable in your jurisdiction in order to operate the services marketplace, (ii) not make any false statements or misrepresentations with respect to the marketplace or the services offered in connection therewith, (iii) ascertain and maintain an appropriate and desired level of insurance, (iv) ensure and verify that Service Providers are maintaining appropriate levels of insurance, and possess the appropriate skills levels, capabilities, and appropriate licensing, certification, continuing education, and other requirements, (v) maintain a high level of quality with respect to your marketplace and proactively moderate and resolve any disputes among Users of your marketplace.
16. Payment. In order to receive payments as a marketplace Owner, you must provide a valid payout account (either a debit card, bank account or PayPal account) in order to receive any applicable fees (such as a service fee or booking fee) when a Consumer makes a payment in connection with the Platform.
17. No Exclusivity. As a marketplace Owner, you agree not to require Service Providers to provide their services exclusively on your marketplace or include any requirement that Users not circumvent your marketplace in their interactions and transactions with other Users.
TERMS APPLICABLE ONLY TO MODERATORS
18. Moderator Eligibility. In order to fulfill a Moderator role, you must (i) maintain any applicable licensing, certification or other requirements and qualifications in your jurisdiction in connection with your role as a Moderator, or that are otherwise required imposed by any industry standards organization or any applicable federal, state or local government or agency thereof, (ii) not make any false statements or misrepresentations with respect to the marketplace or the services offered in connection therewith, (iii) ascertain and maintain an appropriate and desired level of insurance, and (iv) comply with any requirements imposed by any Owner of the applicable marketplace.
19. Moderator Promises. As a Moderator, you agree to comply with all applicable laws at all times and to perform your Moderator role in a professional and workmanlike manner in accordance with our Code of Conduct and prevailing industry standards.
TERMS APPLICABLE TO ALL USERS
20. Conditions of Eligibility. In order to be a User of the Platform, you must be at least 18 years of age. If Servable has previously removed you as a User or terminated your account, you are not eligible to become a User under this Agreement.
21. Age Restrictions. We do not intentionally collect personal information from children through our Service. Thus, as a condition to becoming a User, you represent and warrant to us that you are at least 18 years of age or older.
22. Code of Conduct. You agree to conduct yourself at all times in accordance with our Code of Conduct, which restricts certain types of activities in connection with the Platform.
24. Restrictions on Use of the Platform. The Platform may only be used in connection with the provision of services by Service Providers and not for transferring money or providing tangible goods or other products, whether physical or digital. Except as expressly permitted herein, you may not: (i) rent, lease, lend, sell, redistribute, or sublicense the Platform; (ii) modify, disassemble, de-compile, reverse engineer, or otherwise attempt to derive the source code of the Platform or knowingly permit or encourage any third party to do so (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Platform), (iii) use the Platform in any manner to provide service bureau, time-sharing or other computer services to third parties, (iv) use the Platform, or allow the transfer, transmission, export, or re-export of the Platform or portion thereof in violation of any export control laws or regulations administered by any government agency, or (v) resell, distribute or otherwise transfer the Platform, and code comprising the same, or any Servable trademark, logo or likeness. Any attempt to do so is a violation of the rights of Servable and its licensors. You may not use the Platform for any use other than its intended use.
25. Service- or Marketplace-Specific Terms. The Platform may allow Owners, Moderators or Service Providers to establish certain terms and conditions with respect to specific services or service marketplaces. Such terms and conditions, as supplemented by applicable law, shall comprise the terms applicable to any given service, or any given marketplace. Users agree to abide by such terms and conditions, as applicable.
26. Third-Party Services and Materials. Aside from connecting you with other Users, the Platform may enable access to third-party products and services (collectively and individually, “Third-Party Services”). Use of Third-Party Services may require your acceptance of additional terms of service. You agree to comply with any such terms. Further, information you make available to Third Party Services is subject to the privacy policies of such third parties. You agree that you will use the Third Party Services at your sole risk. The Platform and/or Third-Party Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to third-party websites. You acknowledge and agree that Servable is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Servable does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or websites.
27. Fees. It is currently free to create an account to access the Platform, although we reserve the right to charge a subscription fee to any User based on their usage of the Platform, which fee may be imposed once certain thresholds are met in accordance with our then current fee schedule, the latest of which appears here. In addition, in connection with paid services provided via the Platform, you agree that we may retain (and hereby authorize us to deduct) a processing fee (“Processing Fee”). Details regarding the applicable Processing Fee are available here. The Processing Fee may be paid by the Service Provider or the Consumer, depending on the terms agreed to among the Service Provider, Consumer and, if applicable, marketplace Owner or Moderator.
28. Payment Terms. User hereby authorizes Servable to charge the Payment Method on file with its account for all applicable fees, which may include without limitation (depending on the service) Processing Fees, booking fees, subscription fees, gratuities, chargebacks or refunds, and any other applicable fees. All fees are due and payable in U.S. dollars. Each User is solely responsible for determining what, if any, taxes or fees apply in connection with such User’s use of the Platform, including with respect to any services provided or received in connection therewith (“Taxes”). Further, each User is responsible for assessing, collecting, reporting, and remitting Taxes to the appropriate tax and revenue authorities. User agrees to indemnify Servable and hold Servable harmless from any claim relating to any such Taxes. Servable does not offer Tax-related advice; for questions about your Tax liability, you must contact your own attorney, accountant or tax advisor. Unless otherwise indicated, all fees are non-refundable. If payment is not made on the respective due date, Servable may, at its discretion and in addition to other remedies it may have, (i) charge a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and compounded monthly, and (ii) suspend your access to the Platform. Information regarding our current payment terms is available here.
29. IP Ownership
- Reservation of Rights. Servable shall own and retain ownership of all right, title, and interest in and to: (i) the Platform, (ii) any ideas, suggestions, or feedback relating to the Platform (“Feedback”); (iii) all modifications or derivative works to any of the foregoing; and (iv) all intellectual property rights embodied within any of the foregoing. User hereby irrevocably assigns all of User’s right, title, and interest in and to any of the foregoing to Servable.
- Content. User may input or upload text, images, photos, videos, sounds, links, works of authorship, or other materials to the Platform (collectively, “Content”). Servable does not claim ownership of User’s Content. By posting or sharing the Content, User grants to Servable only the limited rights that are reasonably necessary for Servable to provide the Platform to User. User represents and warrants that: (i) User owns User’s Content or otherwise have the right to grant the license set forth in this section, and (ii) transmitting User’s Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. User shall only collect, process, use, store, disclose and transfer Content in compliance with any applicable law, applicable third-party terms, privacy policies or other contractual obligations. It is User’s sole responsibility to back-up its Content. User acknowledges and agrees that after termination of this Agreement, User may not have access to the Content via the Platform.
- Data Ownership. User shall own all right, title, and interest in and to any data that is collected by Servable from User in connection with its use of the Platform (“Data”). User grants to Servable a perpetual, non-exclusive, transferable, sublicensable, royalty free license to use such Data in order to provide the Platform to User and as necessary to monitor and improve the Platform. Additionally, you agree that Servable may use the Data to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data (“Blind Data”). Notwithstanding anything in this Agreement to the contrary, to the extent that Servable collects or generates Blind Data, such Blind Data will be owned solely by Servable and may be used for any lawful business purpose without a duty of accounting to User, provided that such data is not personally identifiable and does not identify the source of such data. It is your sole responsibility to back-up your Data and you agree and acknowledge that post termination or expiration of this Agreement, you may not have access to the Data via the Platform.
- Data Privacy Laws. User acknowledges and agrees that the Platform stores data on servers in the U.S. or any other country in which Servable or its affiliates, subsidiaries, agents, vendors or contractors maintain facilities. User agrees, not to provide Servable with any data that: (i) could be deemed “sensitive personal data” under the EU Data Protection Directive 95/46/EC, (ii) is subject to the laws of any jurisdiction, or (iii) subject to the requirements of any industry or standards setting organization, in each case that would subject such data to heightened restrictions related to the storage, security, transmission and processing of such data (including without limitation data subject to the requirements of the Health Insurance Portability and Accountability Act (HIPAA), the PCI Security Standards Council (PCI-DSS) or the Children’s Online Privacy and Protection Act (COPPA)). User shall comply with all laws, rules, regulations, requirements and standards applicable to it as a provider of information technology services, including without limitation all obligation imposed upon User or its customers under any applicable data privacy laws, rules, regulations, requirements or standards.
31. Term and Termination. Unless earlier terminated, this Agreement will commence on the Effective Date and will continue until either party terminates this Agreement as set forth herein. Either party may terminate this Agreement if the other party is in material breach of any term of this Agreement, and the breach is not cured in the 30-day period following notice of the breach. User may cancel its account and terminate this Agreement at any time by contacting Servable. Such cancellation will be effective, and this Agreement will terminate, 30 days after Servable receives notice of such cancellation. In addition, Servable may reject, suspend or cancel any account at any time (with or without notice) and for any reason. Upon termination of this Agreement, User shall immediately cease all use of and all access to the Platform. Sections 23-24, 27-28 (as to amounts owed as of termination) and 29-40 shall survive any termination or expiration. All other rights and obligations shall be of no further force or effect.
32. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST LOSS OF DATA OR CONTENT, INTERFERENCE WITH USER’S ENJOYMENT OF THE PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE PLATFORM WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
33. Assumption of Risk; Disputes Among Users. EACH USER ACCEPTS ALL RISK ASSOCIATED WITH ITS INTERACTIONS AND TRANSACTIONS WITH OTHER USERS OF THE PLATFORM, AGREES TO LOOK SOLELY TO SUCH OTHER USERS FOR ANY CLAIM, DAMAGE OR LIABILITY ASSOCIATED WITH ANY TRANSACTION COMMISSIONED VIA THE PLATFORM, AND EXPRESSLY WAIVES AND RELEASES SERVABLE FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY SUCH USER, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. In the case of any service marketplace, the applicable Moderator will be responsible for monitoring disputes among Users and Users will look solely to such Moderators in connection with any such dispute. Servable reserves the right, but has no obligation, to monitor disputes between Users.
- Servable Indemnity. Servable shall defend User from and against all claims, demands, suits or proceedings made or brought by a third party (“Claims”) to the extent alleging that the Platform (excluding third-party software) infringes or misappropriates such third party’s intellectual property rights, and shall indemnify and hold User harmless from any damages, attorney fees and costs finally awarded against User or agreed upon in settlement of such Claims (“Losses”); provided that User: (i) promptly provides Servable with written notice of the Claim, (b) gives Servable sole control of the defense and settlement of the Claim (provided that Servable will not settle any Claim unless it unconditionally releases User of all liability), and (iii) gives Servable all reasonable assistance, at Servable’s expense. If Servable receives information about an infringement or misappropriation Claim related to the Platform, Servable may in its discretion and at no cost to User: (a) modify the Platform so that it is no longer infringing or misappropriating, (b) obtain a license for the continued use of the Platform, or (c) terminate User’s account and access to the Platform upon 30 days written notice. The forgoing indemnification obligations do not apply to the extent a Claim arises from User’s Content, software or services provided by third parties (including other Users) or the use of the Platform in violation of this Agreement.
- User Indemnity. User shall defend Servable and its subsidiaries, affiliates, Users, officers, directors, agents and employees from and against all Claims arising out of or in connection with User’s use of the Platform (including, but not limited to, violation of the this Agreement and/or our Code of Conduct), and shall indemnify Servable from all Losses; provided that Servable: (a) gives User sole control of the defense and settlement of the Claim (except that User may not settle any Claim unless it unconditionally releases Servable of all liability), and (b) gives User all reasonable assistance, at User’s expense.
35. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SERVABLE BE LIABLE FOR (a) PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SERVABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) ANY DAMAGES WHATSOEVER ARISING OUT OF TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES THROUGH THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SERVABLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY CAUSED BY SERVABLE) EXCEED THE GREATER OF (I) THE TOTAL PROCESSING FEES RETAINED BY SERVABLE IN CONNECTION WITH THE APPLICABLE SERVICES THAT ARE THE SUBJECT OF THE CLAIM, IF ANY, IN THE MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (II) $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
36. Dispute Resolution. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, USA, without regard to any principles of conflict of laws. Any dispute, controversy or claim arising out of this Agreement will be settled by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association (“Rules”) then in effect. Notwithstanding those Rules, the following provisions will apply to such arbitration: (a) the arbitration will be conducted by a single arbitrator, (b) the fees of the arbitrator shall be equally borne (50/50) by the parties, and (c) the proceedings shall be in the English language and shall take place in Austin, Texas or another location reasonably convenient to both parties. The arbitrator shall reach a binding decision regarding the issues presented as it deems fair, reasonable and appropriate, and such decision shall have the full force and effect of a binding judgment, which may be entered in any court having proper jurisdiction. Each party may seek injunctive relief in any court of competent jurisdiction. You and Servable agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis.
37. Copyright Policy. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please send our copyright agent a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Platform; (d) your address, telephone number, and primary email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may file a notice of infringement with our designated Copyright Agent.
It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our designated Copyright Agent to receive DMCA communications (including notices and counter-notices of alleged infringement) is: Attn: Copyright Agent, James Stephens, Servable, Inc., 603 Deep Eddy Ave, Austin, TX 78703, Email: firstname.lastname@example.org, Phone: 512-537- 1810
Upon receipt of a proper DMCA notice of infringement, we will promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those users that we determine to be “repeat infringers.”
38. Assignment. Servable may freely transfer or assign this Agreement and any of its rights or obligations hereunder. User shall not assign this Agreement, directly or indirectly without the prior written consent of Servable. Any such attempted assignment shall be void.
39. Modifications to the Terms of Service. We may modify the terms of this Agreement from time to time. Any modification shall be effective when we notify you of the modification (via an update delivered through the Platform or via email or other notification) and you signify your acceptance (via an electronic click-to- accept method or if you continue to use the Platform after such notification).
40. Miscellaneous Terms. Neither party shall be in default for failing to perform any obligation hereunder, other than the payment of monies, if such failure is caused solely by supervening conditions beyond the parties’ respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, collisions of celestial bodies (natural or artificial), labor disputes or governmental demands or restrictions (“Force Majeure Event”). If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, whether in writing or oral, with respect to the subject matter of this Agreement.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Servable may collect personally identifiable information, such as your: First and Last Name, Mailing Address, Age, E-mail Address, Phone Number, Employer, Job Title, and other personal information. Servable may also collect anonymous demographic information, which is not unique to you.
If you use or purchase Servable's products and services, we may collect billing information, credit card information, or other financial information. This information is used for purposes including charging you for your Servable account, sending money to other people, or receiving money from other people.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Servable's messaging or account customization tools, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing services through our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Servable collects and uses your personal information to operate its website(s) and deliver the services you have requested. Servable may also use your personally identifiable information to inform you of other products or services available from Servable and its affiliates.
Sharing Information with Third Parties
Servable may share data with trusted partners and third party service providers. Servable does not sell, rent or lease its customer lists to third parties.
Servable may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or facilitate payment transactions. All such third parties are required to maintain the confidentiality of your information, and they may only use your personal information in accordance with their own privacy policies or to provide these services to Servable.
Servable may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Servable or the site; (b) protect and defend the rights or property of Servable; and/or (c) act under exigent circumstances to protect the personal safety of users of Servable, or the public.
Tracking User Behavior
Servable may keep track of the websites and pages our users visit within Servable, in order to determine what Servable services are the most popular. This data is used to deliver customized content and advertising within Servable to customers whose behavior indicates that they are interested in a particular subject area. Servable may use advanced tracking such as screen recordings of user behavior on our site, for the purpose of identifying and resolving any problems or usability issues with our site.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Servable. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Servable website.
The Servable website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Servable pages, or register with Servable site or services, a cookie helps Servable to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Servable website, the information you previously provided can be retrieved, so you can easily use the Servable features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Servable services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
Servable secures your personal information from unauthorized access, use, or disclosure. Servable uses the SSL Protocol for this purpose. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Children Under Thirteen
Servable does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Disconnecting your Servable Account from Third Party Websites
You will be able to connect your Servable account to third party accounts. BY CONNECTING YOUR SERVABLE ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third party account at any time. To disconnect access to your account on a third party site, follow the guidelines provided by that third party site for disconnecting your account.
From time to time, Servable may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Servable or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Servable, you may opt out of such communications by To opt-out or unsubscribe from emails, use the link provided in the email footer, or contact us at email@example.com.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Servable welcomes your questions or comments regarding this Statement of Privacy. If you believe that Servable has not adhered to this Statement, please contact Servable at:
600 Congress Ave., 14th Floor
Austin, Texas 78701
Effective as of March 27, 2018