THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.
Last revised: November 2007
PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Service Omni, Inc. ("we" "us", "SO") provides the website known as Serviceomni.com, as well as all services related to the website ("the Site"), including various newsletters ("Newsletters") subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site or Newsletters, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
This Agreement is made between SO and you, the user and/or member of the Site ("you"). We reserve the right at any time to: Change the terms and conditions of this Agreement; Change the Site, including eliminating or discontinuing any content on or feature of the Site; or Change any fees or charges for use of the Site.
Be sure to review this Agreement periodically to ensure familiarity with the most current version.
While using the Site you agree not to:
While using the Site you agree to comply with all applicable laws, rules and regulations.
You must be 18 years of age or older to subscribe to this service. To have unlimited access to SO's service, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate and current. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You must be 18 years of age or older to be a member of this service. Trial subscriptions and related promotions are limited to one per subscriber.
You agree not to transfer or resell your use of or access to SO to any third party. If you are a SO subscriber, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and immediately notify us by emailing us.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You are responsible for all charges up to the amount of your invoice, and you agree to pay all the charges the day they are due in accordance to the site FAQ. Late payments bear interest at the rate of 1.5% per month. If we need to collect for late payment, you are responsible for all fees we incur including, but not limited to, attorney fees, government charges, and taxes. If you have subscribed to a monthly subscription product, payment for your subscription is due in advance of the subscription period you select. Your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription by email or phone. The appropriate annual, monthly, or similar periodic fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card you designated during the registration process (or subsequently changed) unless you cancel your subscription before the renewal period begins.
You agree to pay all fees and charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.
To the fullest extent permitted by law, you waive all claims relating to the validity of the charges unless claimed within 30 days after the charge. Refunds (if any) are at the discretion of Service Omni and only in the form of advertising credit on Service Omni property web sites. Nothing in our terms obligates Service Omni to extend credit to any party.
You may put your account at any time by clicking the "put my account on hold" link in the provider back-office area. During the time your account is on hold, your credit card will not be billed. By putting your account on hold vs. cancelling, you avoid having to pay set-up charges associated with re-subscribing.
You may cancel your subscription to Service Omni by notifying our Customer Service Department at: (866) 949-4748 (Hours of operation: Monday-Friday 9 am-5 pm PST), or by emailing us at: billing@serviceomni.com. Cancellation will take effect at the end of the current billing period. You will be responsible for all costs and leads sent to you up until the point we receive your cancellation notice. Any delinquent or unpaid amounts must be paid in full before you may re-subscribe.
This Agreement shall remain effective until terminated in accordance with its terms. SO may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 3 business days notice and the reimbursement of any monies that may be due according to the cancellation policy as defined on the Site, to terminate this Agreement without cause.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by SO or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to us by emailing us.: We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
©2006-2007 Service Omni, Inc. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
"Service Omni", "TAG LINE #1", "TAG LINE #2", "TAG LINE #3" tag line and logo are all trademarks and/or service marks of SO. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. WE RESERVE THE RIGHT TO MAKE EDITS AND MODIFICATIONS TO ENTRIES FOR CLARITY PURPOSES, TO REPLACE MISSPELLINGS, OR OTHER EDITS THAT WOULD BETTER HELP THE PROCESS. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
You are solely responsible for the content or information You publish or display (hereinafter, "post") on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so,
Readers are advised that SO does not warrant the services provided by any service provider listed on the Site. It is up to the parties involved to choose the provider best suited for each customer. SO is not involved in the selection process.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN SO'S NEWSLETTER OR WEBSITE.
UNDER NO CIRCUMSTANCE IS SERVICE OMNI, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to Our terms and conditions, We cannot and do not guarantee that the material and content posted by each member to be true and warranted. We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Neither SO, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE CURRENT TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site. This indemnification extends to and includes any attorney's fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.
MANDATORY ARBITRATION OF DISPUTES
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SUBSCRIBER AND THE COMPANY AND/OR ANY OF ITS. EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF CALIFORNIA.
If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
The terms and conditions of this Terms of Use Agreement may be edited and modified by SO at anytime.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT
Thank you.