Terms of Service
1. Your Agreement to these Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Service Cart, Inc. (collectively with its affiliates, “Service Cart” or “We”) consisting of the website available at https://servicecart.io, and its network of websites, software applications, or any other products or services offered by Service Cart (the “Services”). Other services offered by Service Cart may be subject to separate terms.
When using the Service Cart Services, you will be subject to Service Cart’s additional guidelines or rules that are posted on the Service Cart Services, made available to you, or disclosed to you in connection with specific services and features. Service Cart may also offer certain paid services, which are subject to additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with the Service Cart Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Service Cart Services, you are entering into a legally binding agreement between you and Service Cart regarding your use of the Service Cart Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Service Cart Services.
When using Service Cart or opening an account with Service Cart on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
2. Use of Service Cart by Minors and Blocked Persons
The Service Cart Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Service Cart Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Service Cart Services are also not available to any users previously removed from the Service Cart Services by Service Cart or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE Service Cart SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE Service Cart SERVICES.
a. Account and Password
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Service Cart upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Service Cart, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Service Cart reserves all available legal rights and remedies to prevent unauthorized use of the Service Cart Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
b. Third-Party Accounts
5. Use of Devices and Services
Access to the Service Cart Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Service Cart Services.
6. Modification of these Terms of Service
Service Cart may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Service Cart Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms. To the extent you have purchased a subscription to the Service, the modified terms will be effective as to such subscription Service upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
The Service Cart Services are owned and operated by Service Cart. Unless otherwise indicated, all content, information, and other materials on the Service Cart Services (excluding User Content, set out in Section 8 below), including, without limitation, Service Cart’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Service Cart or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Service Cart, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Service Cart Services for your personal use or internal business use only.
Service Cart reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Service Cart Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Service Cart Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Service Cart Services, the Materials, or any information contained in them, except as expressly permitted on the Service Cart Services; (f) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server or any other computer system; (g) attempting to probe, scan or test thevulnerability of a system or network or to breach security or authentication measures; (h) attempting to interfere with the function of the Site, the Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (i) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (j) transmitting, importing, uploading, or incorporating any financial or medical information of any nature, or any sensitive personal information (e.g., Social Security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials). Violations of the Site’s, the Service’s or Service Cart’s system or network security may result in civil or criminal liability; (k) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service (“Software”); (l) modify, translate, or create derivative works based on the Service or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Software; (m) use or access the Service to build or support, and/or assist a third party in building or supporting, products or services competitive to Service Cart; (n) remove any proprietary notices or labels from the Service or Software; or (o) otherwise use the Service or Software outside of the scope of the rights expressly granted herein. You agree to use the Service and Software only for your own internal business operations, and not to transfer, distribute, sell, republish, resell, lease, sublease, license, sub-license or assign the Service or use the Service for the operation of a service bureau or timesharing service; or (p) any use of the Service Cart Services or the Materials except for their intended purposes. Any use of the Service Cart Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Service Cart, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Service Cart can terminate this license as set out in Section 15.
Upgrading and Downgrading: Refunds are processed according to our fair refund policy. Any upgrade or downgrade in your Service use will result in the new Fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your User Account. Service Cart does not accept any liability for such loss. Design and build costs and on-boarding costs are non-refundable.
9. Cancellation and Termination by You
You are solely responsible for properly canceling your User Account. An email or phone request to cancel your User Account is not considered cancellation. You can cancel your Service Cart account anytime from the My Account page in your contractor dashboard.
10. User Content
Service Cart allows you to distribute pre-recorded audio-visual works; services and packages, such as but not limited to home cleaning services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, images, applications, code, or other data or materials on the Service Cart Services (“User Content”).
a. License to Service Cart
(i) Unless otherwise agreed to in a written agreement between you and Service Cart that was signed by an authorized representative of Service Cart, if you submit, transmit, display, perform, post, or store User Content using the Service Cart Services, you grant Service Cart and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Service Cart Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Service Cart and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Service Cart Services, or generally by closing your account, except:(a) to the extent you shared it with others as part of the Service Cart Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Service Cart used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
b.User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of Service Cart or third parties. Service Cart reserves all rights and remedies against any users who breach these representations and warranties.
c.Content is Uploaded at Your Own Risk
Service Cart uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Service Cart does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Service Cart shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Service Cart for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY SERVICE CART HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Service Cart Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Service Cart has the right to remove your Promotion from the Service Cart Services if Service Cart reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Service Cart is not responsible for and does not endorse or support any such Promotions. You may not indicate that Service Cart is a sponsor or co-sponsor of the Promotion; and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Service Cart does not sponsor or endorse this promotion and is not responsible for it.”.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising , the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Service Cart Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Service Cart Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Service Cart, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Service Cart Services.
f. Political Activity
Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
You agree not to solicit the use of or use any Service Cart monetization tool (e.g., Service Cart Tokens or subscriptions) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any Service Cart monetization tool in any capacity to raise money for a political campaign.
11. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Service Cart Services.
You agree that you will comply with these Terms of Service and Service Cart’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Service Cart Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Service Cart Services; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Service Cart Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of other users from the Service Cart Services;
v. defame, harass, abuse, threaten, or defraud users of the Service Cart Services, or collect or attempt to collect, personal information about users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Service Cart Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Service Cart Services, (c) features that enforce limitations on the use of the Service Cart Services or User Content, or (d) the copyright or other proprietary rights notices on the Service Cart Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service Cart Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon the Service Cart Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage the operation of the Service Cart Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Service Cart, including but not limited to the Service Cart Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Service Cart may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Service Cart, including but not limited to the Service Cart Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service Cart Services;
xiii. interfere with or disrupt the Service Cart Services or servers or networks connected to the Service Cart Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service Cart Services; use the Service Cart Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service Cart Services, or that could damage, disable, overburden, or impair the functioning of the Service Cart Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and Service Cart;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Service Cart Services that you are not authorized to access;
xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Service Cart Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Service Cart takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Service Cart liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Service Cart Services. Your use of the Service Cart Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service Cart Services will not contain any content that is prohibited by such rules.
Service Cart is not liable for any statements or representations included in User Content. Service Cart does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Service Cart expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Service Cart reserves the right to remove, screen, or edit any User Content posted or stored on the Service Cart Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service Cart Services at your sole cost and expense. Any use of the Service Cart Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service Cart Services.
12. Respecting Copyright
Service Cart respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Service Cart Services infringes upon your copyright, please submit your request with sufficient detail including as much information as necessary for Service Cart to identify and evaluate your request to firstname.lastname@example.org Attn: Legal, or Service Cart, LLC., Attn: Legal, 3801 Meadowknolls rd, Marion, IA 52302. All requests must include the information you may have that will help us identify the relevant records (particularly, the Service Cart Service at issue, e.g., Service Cart.com, and the username at issue), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.
Service Cart, the Service Cart logos, and any other product or service name, logo, or slogan used by Service Cart, and the look and feel of the Service Cart Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Service Cart, and may not be used in whole or in part in connection with any product or service that is not Service Cart’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Service Cart, without our prior written permission. Any use of these trademarks must be in accordance with all applicable laws.
All other trademarks referenced in the Service Cart Services are the property of their respective owners. Reference on the Service Cart Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
14. Third-Party Content
In addition to the User Content, Service Cart may provide other third-party content on the Service Cart Services (collectively, the “Third-Party Content”). Service Cart does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Service Cart Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Service Cart Services (the “Reference Sites”). Service Cart does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service Cart Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
15. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Service Cart or its employees, you acknowledge and agree that Service Cart shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, Service Cart reserves the right, without notice and in our sole discretion, to terminate your license to use the Service Cart Services (including to post User Content) and to block or prevent your future access to and use of the Service Cart Services, including where we reasonably consider that: (a) your use of the Service Cart Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Service Cart Services; or (c) we are unable to continue providing the Service Cart Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Service Cart Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Service Cart in operating the Service Cart Services, or (iv) any content or information transmitted through the Service Cart Services, is to terminate your account and to discontinue use of any and all parts of the Service Cart Services. We will not refund or reimburse you if we terminate your User Account for cause, including but not limited to a violation of these Terms of Service. Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Service Cart, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Service Cart Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Service Cart Services, any User Content you post, store, or otherwise transmit in or through the Service Cart Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Service Cart Parties of any third-party claim, and Service Cart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Service Cart, and you agree to cooperate with Service Cart’s defense of these claims. Service Cart will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE Service Cart SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Service Cart; (B) THE Service Cart PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE Service Cart SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) Service Cart DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE Service Cart SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) Service Cart IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE Service Cart ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE Service Cart SERVICES SAFE,Service Cart CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE Service Cart SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Service Cart OR THROUGH THE Service Cart SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Service Cart OR THE Service Cart PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE Service Cart SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Service Cart, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Service Cart’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Service Cart, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Service Cart SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Service Cart SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, Service Cart SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Service Cart AND RECEIVED THROUGH OR ADVERTISED ON THE Service Cart SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT Service Cart HAS OFFERED THE Service Cart SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Service Cart, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Service Cart. Service Cart WOULD NOT BE ABLE TO PROVIDE THE Service Cart SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d.Applicable Law and Venue
i. To the fullest extent permitted by applicable law, you and Service Cart agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Service Cart AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Service Cart.
You and Service Cart agree to arbitrate any dispute arising from these Terms of Service or your use of the Service Cart Services, except that you and Service Cart are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Service Cart agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Service Cart shall be sent to: Service Cart, LLC., Attn: Legal, 3801 Meadowknolls rd, Marion, IA, 52302. You and Service Cart further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Travis County, Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Travis County, Texas, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Service Cart will not commence against the other a class action, class arbitration, or other representative action or proceeding.
ii. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil courts within your jurisdiction of residence.
YOU AND Service Cart AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Service Cart SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Service Cart without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.
v. Entire Agreement
The Terms of Service, which incorporate the Terms of Sale and the Community Guidelines, is the entire agreement between you and Service Cart relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Service Cart as set forth in Section 6 above.
19.Requests for Information and How to Serve a Subpoena
All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process, and must be properly served on Service Cart at Service Cart, LLC., Attn: Legal, 3801 Meadowknolls rd, Marion, IA, 52302.
Please note that Service Cart does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Service Cart Service at issue, e.g., Service Cart.com, and the username at issue), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.
The Service Cart Services are offered by Service Cart, Inc., and can be reached by email at email@example.com.