|
|
|
The following describes the terms on which Lifespeed Corporation (“LSC”) offers you access to its www.servana.com services (“Servana”).
|
|
Terms of Use
|
|
Welcome to Servana.
By using the services of the Servana website, located at www.servana.com (the “Site”), you are agreeing to all terms stated herein, including those referenced by hyperlinks, (the "Agreement") with LSC.
If you have any questions, please refer to the Help section on the Site.
|
|
You must read and accept all of the terms and conditions in this Agreement and all of the policies and procedures described herein prior to becoming a Servana member and using any Servana services.
Use of the Site constitutes your acceptance of this agreement.
If you do not accept all of the terms and conditions of this Agreement, you are prohibited from using the Site or Servana Services.
The effective date of this Agreement for existing members and upon acceptance for the new members is August 26, 2008.
LSC reserves the right to amend Agreement from time to time.
At such events, you will be presented with the updated information when you log in.
|
|
Privacy
|
|
Servana is a venue for you to buy and sell all types of goods and services.
That means at certain points you may have to disclose your personal information.
It is understandable that you may not want to share your personal information with everyone and for that reason Servana
Privacy Policy
puts you in control of your personal information.
LSC does not sell or rent your personal information to third parties who use it for their marketing purposes without your explicit consent.
We use your information only as described in
www.servana.com/PrivacyPolicy
(“Privacy Policy”).
We view protection of users' privacy as a very important community principle.
We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
You can access and modify the information you provide to us and choose not to receive certain communications by signing-in to your account.
We use hosting center services provider as a third party to verify and certify our privacy principles.
For a complete description of how we use and protect your personal information, see the Servana
Privacy Policy.
If you object to your Information being transferred or used in this way you are prohibited from using Servana services or the Site.
|
|
Fees and Services
|
|
It is free to join and offer and pursue goods and services on Servana.
You are not charged for searching for other members who provide goods and services.
You are not charged for sending invitations to other members for demanding goods and services.
You are not charged for offering goods or services within your home-group such as a US Postal Zip Code and in some metropolitan areas US Postal Zip Code + 4 digits.
You are charged a non-refundable fee every time you accept an invitation from another member who demands a good or service (“Lead Fee”).
If you elect to offer your goods and services beyond your home group (the free service), and also take advantages of the unique features of the Site, you are charged a premier service fee (“Premier Services Fee”).
If you choose to opt-in by offering goods and services beyond your home-group, and take advantages of unique feature of the Sites, you are charged the Premier Services Fee.
The Premier Services fee is non-refundable.
Premier Services may be given away for promotional and other purposes.
Servana reserves the right, without prior notice, to restrict access to certain areas or features of the Site considered to be exclusive to paying members or members who undergo specific registration process.
LSC reserves the right to deny Premier Services to any Member for any reason.
|
|
Servana Lead Fee and Premier Services Fee may change from time to time.
Changes to the fees are effective after we provide you with at least fifteen days' notice by posting the changes on the Site(s).
Any time you are about to accept an invitation where a Lead Fee is involved, you will be clearly notified of such charges in advance.
We may choose to temporarily change the Lead Fees for our services for promotional events (for example, free Premier Services) and such changes are effective when we post the temporary promotional event on the Sites.
|
|
Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 75 days past due deducting it from any balance you may have on an escrow account).
|
|
Using Servana
|
|
You may use the Site solely for your own purposes.
The Site is a community networking platform that facilitates connection and communication between you and other people and businesses who choose to offer and pursue goods and services.
As a transaction facilitator, LSC does not participate in any transactions between you and other people and businesses who offer goods and services on the Site.
An exception to that is LSC processing payments on your behalf and on behalf of other people and companies who opt in for payment processing services.
You agree and understand that LSC does not control the quality, delivery, legality, or any other element within your transactions with other people and companies.
You agree not to hold LSC responsible for any aspect of your transactions including but not limited to the accuracy of the information and claims made by people and companies that you deal with.
|
|
By using the Site, you agree not to:
|
-
violate any law where you operate;
-
engage in any transaction involving goods and services that requires you to attain an official license or permit from a local, regional, state, or national government;
-
use the Site(s) or any of its services if you are not able to form legally binding contracts, are under the age of 18 – if you are under age of 18 your parents or your guardian may establish profile on your behalf;
-
post false, misleading, and/or inappropriate items on the Site;
-
take any action that may undermine the feedback or rating system;
-
circumvent or manipulate our fee structure, the billing process, or fees owed to Servana;
-
use the Site to purchase leads for reselling purposes;
-
violate Site's copyright policy
-
distribute viruses or any item deemed harmful by LSC on the Site;
-
scrape, collect, or disseminate information about Site members including email address, without their consent;
-
send or post chain letters, spam, or distribute schemes on the Site;
-
manipulate your prices and charge more than what you agreed for the goods and services that you agreed to deliver;
-
hold LSC responsible for yours or any other member’s actions.
-
send a provider other than yourself to fulfill another member’s demand, unless that person is your employee;
-
send invitations to other members for purposes other than for offering and procuring goods and services that are posted on the Site;
-
take any action that circumvents payment to LSC for the leads that it provides.
|
|
Information Management
|
|
When you enter content, graphic, audio, video, animation, messages or reviews in connection with your profile and description of the goods and services that you offer or pursue on the Site, you are solely responsible for assuring its accuracy and completeness.
When you enter content on our Site, you grant LSC, its affiliates, licensees and successors a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, world-wide license to use the content that you provide in any media of LSC’s choosing.
You agree that posting of these contents in any public and private media does not infringe or violate any or yours or any third party rights.
|
|
Liability
|
|
You understand and agree that you will not hold LSC responsible for other members’ content, listings, actions, or performance.
You acknowledge that the Site is a venue to facilitate communication between its members and that LSC does not take part in actual transactions.
LSC has no control over and does not guarantee the truthfulness, legality, quality, safety, and any other claims made about the goods and services transacted on the Site, and the ability of the offering member to sell/deliver the goods and/or services, the ability of the pursuing member to pay for goods and/or services, neither does LSC guarantee that the members actually deliver goods and/or services and complete the transaction.
LSC does not take title to any good or become a party to any service transaction or transfer ownership of goods and services from one member to another, and nothing in this agreement shall modify the governing provision of California Commercial Code SS 2401(2) and Uniform Commercial Code SS 2-401(2) under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Regardless of previous statement, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) total fee you paid us in the 12 months prior to the action given rise to the liability, or (b) $75.00
|
|
COPPA Compliance
|
|
We take Children Online Privacy Protection Act of 1998 (COPPA) as well as FTC regulation governing children use of Internet seriously.
You agree to monitor children use of general Internet and this specific Site.
The services of this Site are for people of 18 and older.
You agree not to hold LSC responsible for any misrepresentation regarding yours or other members age or parental consent when using the Site.
We reserve the right to close your account and blacklist you if you provide false information to us.
|
|
Indemnity
|
|
You will indemnify and hold LSC (and its officer, directors, agents, investors, joint ventured and employees), harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to arising from your use of the Site, breach of this Agreement, or your violation of any law or the rights of a third party.
|
|
Dispute Resolution
|
|
LSC does not take part in resolving disputes between its members.
If a dispute arises between LSC and its members, we provide a neutral and cost effective way for rapid resolution of all disputes.
Accordingly, you and LSC agree that we will resolve any claim of or controversy at law or equity that arises out of this agreement or our services (a “claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing.
Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the
support page.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
|
|
Law and Forum for Disputes
|
|
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
You agree that any claim or dispute you may have against LSC must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
|
|
Arbitration Option
|
|
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
|
|
Improperly Filed Claims
|
|
All claims you bring against LSC must be resolved in accordance with this Resolution of Disputes Section.
All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed.
Should you file a claim contrary to the Resolution of Disputes Section, LSC may recover attorneys' fees and costs up to $1,000, provided that LSC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
|
|
Most transactions go smoothly on Servana, but occasionally problems can occur.
Communicating with your trading partner is an important part of resolving disputes.
The best and fastest way to resolve problems is to contact your trading partner directly by email or phone.
|
|
Outage Policy
|
|
Servana’s highest priority is its members’ success. However, the Site occasionally experiences outages during which members cannot effectively locate other members via our search function.
You agree not hold LSC liable for any outages.
|
|
General
|
|
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by LSC.
LSC is located at 5115 Douglas Fir Rd, Suite E, Calabasas, CA 91302.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions of this agreement shall be enforced.
In our sole discretion, we may assign this Agreement in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee we will take action against all breaches of this Agreement.
|
|
We may amend this Agreement at any time by posting the amended terms on the Site.
Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.
Additionally, we will notify you through the Servana Message Center.
This Agreement may not be otherwise amended except in a writing signed by you and us.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
|
|
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210
|
|
You agree that Site members have no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended by this Agreement and LSC is not responsible for the actions of its members online or offline.
You agree not to hold LSC responsible for any of their actions including but not limited to damages, claims, or any other liability.
|
|
|
|
|