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Knowledgebase: Policies & Terms
Terms of Use
Posted by Jeff Lamb, Last modified by Jeff Lamb on 03 December 2023 12:02 PM

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

This is a legal agreement between the person or organization (“Customer” or “you”) agreeing to these Terms of Service (“Terms”) and ServU Tech. When we refer to “ServU Tech,” “we,” “our,” or “us” in this policy, we are referring to ServU Tech, and all of its subsidiaries and affiliates, including ServU Files, ServU Mail and ServU Now. By accepting these Terms, signing an Order, or using the Services, you represent that you are of legal age and have the authority to bind the Customer to the Order, these Terms, and the applicable Service Descriptions (collectively the “Agreement”).

YOUR USE OF ANY SERVU TECH WEBSITE, OR ANY OF THE SERVICES OFFERED BY OR THROUGH ANY SERVU TECH WEBSITE, INCLUDING THE SERVU TECH NEWSLETTER, SHALL CONSTITUTE YOUR ACCEPTANCE OF OUR TERMS OF USE AND ALL THE TERMS AND CONDITIONS SET FORTH BELOW.

1. Introduction and Agreement to Be Bound. Certain parts of ServU Tech's websites are not available to you without a user name and password ("Member Area"). Other areas (the "General Website") are available to the general public and we welcome you to visit the General Website, providing that you agree to these General Website Terms and Conditions of Use ("General Terms"). The General Terms govern the General Website, services and the ServU Tech Newsletter (our “Newsletter”). If you are affiliated with a member and have access to member Areas, your access to and use of a Member Area is governed by separate terms and conditions that are available for your review at login.

2. Modification of Terms. You will be responsible for reviewing these General Terms periodically in the event that they are modified.

3. Privacy Policy. By using this site and agreeing to the General Terms, you also consent to the collection, use and disclosure of information as set forth in the ServU Tech Privacy Policy, which you understand may be modified from time to time.

4. License. ServU Tech grants you a limited, revocable, non-exclusive license (i) to access the General Website, services and/or Newsletter, and (ii) while accessing the General Website, services and/or Newsletter, to view Materials displayed on the General Website and/or in the Newsletter for your personal or internal business use, and for no other purpose. You may not use any functionality that requires use of an identification, tracking, access or other code where you have not been authorized to use such a code. You are also granted a limited non-exclusive license to print a copy of any portion of the contents of the General Website or Newsletter for your personal use and no other purpose. Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control. For purposes of these Mmeber Terms, "Materials" means any text, data compilations, photographs, software, data instruction packets, graphics, illustrations, artwork, video, music, sound, and any other contents of the General Website, services or Newsletter.

5a. Intellectual Property. ServU Tech retains all right, title and interest on behalf of itself and (where applicable) its third party suppliers to Materials. You acknowledge and agree that ownership of Materials resides with ServU Tech, and agree not to challenge, directly or indirectly, ServU Tech's ownership in and to the Materials. You agree to indemnify and hold ServU Tech harmless from any unauthorized use of the Materials by you or caused by you. The Materials are protected by copyright and/or other laws in both the United States and elsewhere.

5b. Materials Provided to ServU Tech or posted on any ServU Tech website. Any materials, including but not limited to images, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail, inputting, uploads, postings or submissions to any ServU Tech website are considered non-confidential (subject to your express confirmation of confidentiality and to ServU Tech's Privacy Policy) and shall become the sole property of ServU Tech. ServU Tech shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you and may publish your name in connection with your submission. The submission of any materials to any ServU Tech website, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials. ServU Tech is under no obligation to post, publish, or use any submission you may provide and ServU Tech may remove any submission at any time at ServU Tech's sole discretion.

6. Prohibited Conduct. Except as permitted under the General Terms or where a prohibition is contrary to applicable law, copying, storing, displaying, reproducing, distributing, marketing, selling, licensing, sublicensing, publishing or creating derivative works of any Materials is expressly prohibited without the prior written permission from ServU Tech or the copyright holder identified in the individual contents copyright notice. You agree that the Materials may not be reverse engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language or computer language. You will not use the Materials or any ServU Tech website in any manner that violates the law or the rights of any other person. You agree that you will not use any offline browser, robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from this General Website or otherwise monitor or copy the Materials. You are expressly prohibited from framing or linking or otherwise using or displaying the General Website and/or Newsletter in such a manner so that it appears to be part of your own or someone else's website. You shall not deep link to any page on the Company Website or otherwise link in a manner that bypasses the Company Website home page. You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the General Website. By doing so, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever.

7. Disclaimer. THE GENERAL WEBSITE, SERVICES, NEWSLETTER AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SERVU TECH AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. SERVU TECH AND ITS SUPPLIERS MAKE NO WARRANTIES TO YOU ABOUT OR FOR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GENERAL WEBSITE OR SERVICES OR THE NEWSLETTER OR THE MATERIALS OR ABOUT OR FOR THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE GENERAL WEBSITE OR THE NEWSLETTER OR THE MATERIALS, OR ABOUT OR FOR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SERVU TECH DOES NOT WARRANT TO YOU THAT THE GENERAL WEBSITE OR SERVICES OR THE NEWSLETTER OR THE MATERIALS WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE MATERIALS OR THE NEWSLETTER OR THE GENERAL WEBSITE SERVERS ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE GENERAL WEBSITE OR SERVICES OR THE NEWSLETTER OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERVU TECH IS NOT RESPONSIBLE FOR THOSE COSTS.

8. Limitation of Liability. YOUR USE OF THE GENERAL WEBSITE, SERVICES, NEWSLETTER AND THE MATERIALS IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, SHALL SERVU TECH AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES FOR WORK STOPPAGE OR INTERRUPTION, FOR LIABILITY OR INJURY TO THIRD PERSONS, OR FOR ECONOMIC, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR ANY LOSS OF BUSINESS, DATA, GOODWILL, PROFITS, SAVINGS, OR SOFTWARE) RESULTING IN ANY WAY FROM YOUR OR ANY OTHER PERSON'S USE OR INABILITY TO USE THE GENERAL WEBSITE, NEWSLETTER OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SERVU TECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Third Party Sites. THE GENERAL WEBSITE AND NEWSLETTER MAY CONTAIN LINKS TO THIRD PARTY WEBSITES, BUT SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. SERVU TECH IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES AND DOES NOT ENDORSE, SUPPORT, OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY WEB SITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.

10. Forward-Looking Statements. IN ACCORDANCE WITH THE SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, SERVU TECH NOTES THAT THIS SITE MAY CONTAIN "FORWARD-LOOKING" STATEMENTS WITHIN THE MEANING OF THAT ACT. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THE RESULTS CONTEMPLATED BY THE FORWARD-LOOKING STATEMENTS CONTAINED HEREIN, BASED ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO GENERAL ECONOMIC CONDITIONS AND SPECIFIC CONDITIONS IN THE MARKETS IN WHICH SERVU TECH OPERATES (WHICH CAN AFFECT DEMAND FOR SERVICES), THE COSTS AND DIFFICULTIES IN EXECUTION OF CERTAIN OF SERVU TECH'S SALES, MARKETING, AND INFORMATION TECHNOLOGY FUNCTIONS, COMPETITION FROM OTHER TRANSPORTATION AND LOGISTICS PROVIDERS, SERVU TECH'S ABILITY TO ADAPT TO TECHNOLOGICAL CHANGE AND TO COMPETE WITH NEW OR IMPROVED SERVICES OFFERED BY COMPETITORS, INCREASES IN MOTOR FUEL PRICES, WORK STOPPAGES, STRIKES OR SLOWDOWNS BY EMPLOYEES, CHANGES IN GOVER NMENT REGULATIONS, EFFECTS OF WEATHER, AVAILABILITY OF FINANCING ON TERMS ACCEPTABLE TO SERVU TECH, OTHER UNCERTAINTIES DETAILED FROM TIME TO TIME IN SERVU TECH'S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, PRESS RELEASES OF SERVU TECH AND ITS SUBSIDIARIES AND ELSWEWHERE. SERVU TECH UNDERTAKES NO OBLIGATION TO UPDATE OR REVISE ANY SUCH FORWARD-LOOKING STATEMENTS, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE EXCEPT AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS.

11. Indemnification. You agree to defend, indemnify, and hold harmless ServU Tech, its parents, affiliates and subsidiaries and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your negligence or from your breach of the General Terms.

12. Dispute Resolution. The General Terms shall be governed by and construed in accordance with the internal laws of the state of residence of the registered Administrative Contact (the "Admin State"), United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Admin State, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the Admin State and the United States District Court for the Admin State with respect to such matters.

You consent to electronic service of process regarding actions under the above agreement.

13. Severability. If any provision of the General Terms is found to be invalid by any court or tribunal having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the General Terms, which shall remain in full force and effect.

14. Waiver. No waiver of any term of the General Terms shall be deemed a further or continuing waiver of such term or any other term.

15. Assignment. ServU Tech may assign its rights and duties under the General Terms to any party at any time without notice to you. Your rights and duties under the General Terms are not assignable by you without consent of ServU Tech.

16. Termination. ServU Tech may terminate your use or rights to access any or all portions of any ServU Tech website, services and the Materials for any reason or no reason at all. Paragraphs 4-16 and any section which by its terms and nature are meant to survive termination of the General Terms, shall survive its termination.

If you have any questions about this policy, please contact us.

Other terms and conditions you must accept:

Privacy Policy
Terms of Use (Member Area)
Terms of Sale
Remote Support Policy
Anti-Spam Policy


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