Terms of Use (Member Area)
Posted by Jeff Lamb, Last modified by Jeff Lamb on 03 December 2023 12:02 PM
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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. Certain parts of this website are not available to you without a username and password ("Member Area"). You represent and warrant that (a) you are the employee or authorized agent of a Member of ServU Tech (“Member”), (b) Member has authorized you to use the Member Area of a ServU Tech website on its behalf and (c) you have authority to bind Member and hereby do bind Member and yourself to all the obligations set forth in these ServU Tech Member Area Terms of Use (“Member Terms”). 2. Access to Member Area of ServU Tech website. You will enter Member Area of ServU Tech website only through the Username and password (“Access Code”) provided to you by ServU Tech. You will be responsible for maintaining the Access Code and will not disclose this information to any other person. You are liable for anyone that uses your Access Code or for anyone that otherwise obtains access to the Member Area of a ServU Tech website based on your disclosure of an Access Code. You will notify ServU Tech if Member terminates your employment or otherwise terminates your access rights and you will thereupon stop using the Member Area of any or all ServU Tech website(s). 3. Agreement to be Bound. You and Member agree to abide by these Member Area Terms. You and Member will be liable, jointly and severally, for any breach of the Member Area Terms. 4. Modification of Member Area Terms. You will be responsible for reviewing these Member Area Terms regularly. The Member Area Terms may be modified by ServU Tech and you will be responsible for complying with the Member Area Terms as modified. 5. Privacy Policy. By submitting your registration form and agreeing to the Terms of Use, 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. 6. License. ServU Tech grants you a limited, revocable, non-exclusive license (i) to access portions of a ServU Tech website made available through authorized uses of authorized Access Codes (“Member ServU Tech Site”) solely for Member personal use as a Member of ServU Tech, and (ii) while accessing a ServU Tech website, to view Materials displayed on the Member ServU Tech Site. You are prohibited from downloading or printing copies of any Materials displayed on any portion of Member ServU Tech Site unless you are granted express permission from ServU Tech. Such copies shall not be distributed to any person or entity. For purposes of these Member Area Terms, “Materials” means any text, data compilations, photographs, software, data instruction packets, graphics, illustrations, artwork, video, music, sound, and any other contents of a ServU Tech website, ServU Tech documentation, instructions, help guides, tutorials and other information that is available to you via a ServU Tech website or that relate to a ServU Tech website and is provided in printed or electronic form to Member or you by ServU Tech or anyone on its behalf. 7. 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 and Member also 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. 8. Prohibited Conduct. Except as permitted under the Member Area 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 aspects of any ServU Tech website, including but not limited to the design and structure of the site and certain content of the site, constitute trade secrets and/or confidential information, that disclosure of the Materials, to competitors or others, could cause irreparable harm and damage to ServU Tech, that you will not allow any person to view the Materials unless expressly authorized to do so in writing by ServU Tech and that you will implement reasonable security measures to protect such information from being exposed to others. 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. 9. DISCLAIMER. YOUR USE OF ANY SERVU TECH WEBSITE, SERVICES AND THE MATERIALS IS AT YOUR OWN RISK. SERVU TECH DOES NOT REPRESENT OR ENDORSE TO YOU THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ANY STATEMENT DISPLAYED OR DISTRIBUTED THROUGH ANY SERVU TECH WEBSITE, SERVICES OR THE MATERIALS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION OR STATEMENT SHALL BE AT YOUR SOLE RISK. ANY SERVU TECH WEBSITE, SERVICES 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 ANY SERVU TECH WEBSITE, SERVICES OR THE MATERIALS OR ABOUT OR FOR THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH ANY SERVU TECH WEBSITE, SERVICES OR THE MATERIALS, OR ABOUT OR FOR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SERVU TECH DOES NOT WARRANT TO YOU THAT ANY SERVU TECH WEBSITE, SERVICES OR THE MATERIALS WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT ANY SERVU TECH WEBSITE, SERVICE OR THE MATERIALS OR SERVU TECH'S SERVERS ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. IF YOUR USE OF ANY SERVU TECH WEBSITE, SERVICES OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERVU TECH IS NOT RESPONSIBLE FOR THOSE COSTS. 10. LIMITATION OF LIABILITY. 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, MEMBERS’S OR ANY OTHER PERSON’S USE OR INABILITY TO USE ANY SERVU TECH WEBSITE, SERVICES 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. 11. THIRD PARTY SITES. ANY SERVU TECH WEBSITE 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. 12. INDEMNIFICATION. You and Member 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 Member Area Terms. 13. Dispute Resolution. The Member Area Terms shall be governed by and construed in accordance with the internal laws of the State of Virginia without regard to the conflicts of laws principles thereof. In the event of litigation, the parties agree to submit irrevocably to the state and federal courts located in Stafford County, Virginia and to raise no objections to the venue of such courts. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable attorney’s fees. 14. Severability. If any provision of the Member Area 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 Member Area Terms, which shall remain in full force and effect. 15. Waiver. No waiver of any term of the Member Area Terms shall be deemed a further or continuing waiver of such term or any other term. 16. Assignment. ServU Tech may assign its rights and duties under the Member Area Terms to any party at any time without notice to you. Your rights and duties under the Member Area Terms are not assignable by you without consent of ServU Tech. 17. Termination. ServU Tech may terminate your use or rights to access to any or all portions of any or all ServU Tech websites, services and the Materials for any reason or no reason at all. Paragraphs 3, 7-16 and any section which by its terms and nature are meant to survive termination of the Member Area 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 | |
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