Privacy Policy

This Privacy Policy (“Policy”) describes how SrvU, Inc. and its affiliates and subsidiaries (collectively, “SrvU”, “we”, or “us”) collects, uses, and discloses, personal information about individuals who use our websites (“Site”) or who otherwise interact with us via our mobile application (collectively, our “Services”). The information below applies equally to both our websites and our mobile application.  They are intentionally meant to be used interchangeably when one or both are used.  

Please be advised that your use of any of SrvU’s websites and/or applications to any extent, is an automatic and unconditional acceptance and agreement by you that you fully understand and will abide and will cooperate with and by all of the following Private Polices described herein below without any objections now and/or in the future. 

If you do not agree fully with the aforementioned paragraphs above, then you shall opt out of the application immediately and to do so  email the words “OPT OUT” to the following email address: [email protected]

1. COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION

In this Policy, “Personal Information” (a/k/a “Personal Data”) means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available as defined by applicable privacy legislation or is anonymized.

We collect Personal Information directly from you that you voluntarily share with us through the Services, indirectly from you through technology (e.g., your activity on the Services), and from SrvU service providers, service professionals, and business partners.

In the past twelve months, SrvU has processed the following categories of Personal Information for the following purposes:

In addition to the uses and disclosures of Personal Information described in the chart above, we may use and disclose any Personal Information as reasonably necessary to comply with regulatory and legal requirements, cooperate with and respond to law enforcement requests, or as otherwise required by applicable law, court order, or governmental regulations. We also use Personal Information we collect to maintain appropriate records for internal administrative purposes, to protect our rights and interests or those of others, to resolve any disputes, to enforce our policies, or to prevent harm. Any Personal Information we collect may be provided to our professional advisors, including accountants, auditors, consultants, and lawyers, when reasonably necessary for our professional advisors to perform services for us and give us appropriate advice. All Personal Information we collect may be transferred to another company in the event of a sale, merger, or other acquisition of some or all of our assets or business or as part of the negotiation or evaluation of such sale, merger, or other acquisition.

2. TRACKING TECHNOLOGIES AND COOKIES

We collect information through technology to enhance our ability to serve you. When you access and use the Services, or contact us or our service providers, we and, in some cases, our service providers collect information about you or how you interact with the Services. We describe below a few of the methods we use to collect information through technology.

When you visit the Services, we collect your Internet Protocol (IP) address. An IP address is often associated with the portal you used to enter the internet, like your internet service provider (ISP), company, association, or university. While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address. However, we may link the last IP address you used to access the Services to Personal Information you provide us. We may also collect a unique identifier for your computer, mobile device, or other device used to access the Services (“Device Identifier”). A Device Identifier is a number that is automatically assigned to the device you used to access the Services. We may link the Device Identifier to other information about your visit, such as what pages you viewed, and to Personal Information you provide us, such as your name. In addition to these methods, we may also collect information about how you interact with the Services through advertising partners and data enrichment tools.

a. Do We Use Cookies?

Cookies are small files that a website transfers to your device through a web browser that enables the website’s systems to recognize your device and to capture and remember certain information. In general, our Services use cookies: (1) where necessary to run our Services, (2) to optimize the functionality of our Services, including by personalizing content for you and remembering your preferences (e.g., your choice of language or region), (3) for analytics purposes— for example, to help us understand how our Services are used, (4) to deliver advertisements relevant to you— for example, the cookies remember that you visited our Services after you leave. Sometimes they collect information about what pages of our Services you visited, and this information is shared with our advertising vendors, such as AppNexus, Google, Nanigans, Facebook, and Twitter.

Many advertisers and service providers that perform advertising-related services for us participate in voluntary programs that provide tools to opt-out of such interest-based advertising such as the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding interest-based advertising for DAA members, visit https://youradchoices.com/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies also are members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/ . Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads (e.g., from other ad networks).

Our Services uses analytics technologies, including Google Analytics, to support the operation and performance of our Services and to analyze your interactions and experiences with our Services, including the features you engage with, how you navigate, and your clicks, cursor movement, and scrolling activity, and general information about Site traffic data, performance, and related statistics. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

Rejecting Cookies Through Browser Settings: Most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. For more information on using browser settings to reject cookies, please visit www.allaboutcookies.org. You should note that rejecting cookies in your browser settings may mean that any preferences you set on the Services will be lost and that the Services may not work as well.

b. Web Beacons

We may include small graphic images or other web programming code, called web beacons (also known as “pixel tags”, “web bugs” or “clear GIFs”), on our Services and in our messages. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of Site users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on webpages and are about the size of the period at the end of this sentence. Web beacons help us better manage content on the Services by informing us what content is effective, monitoring how users navigate the Services, counting users of the Services, and counting how many e-mails sent by us were actually opened.

c. Session Monitoring

Some of the technologies used on our Site allow us and our service providers to monitor and analyze how visitors use our Services in order to better understand user behavior and improve our Services. When you interact with us online, information related to your browsing behavior may be collected by us and our service providers.

d. Your ‘Do Not Track’ Browser Setting

We do not support the Do Not Track (“DNT”) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit know that you do not want the websites collecting your Personal Information. We do track your online activities over time and across third-party websites or online services. For example, we use web beacons to help us determine what links or advertisers brought you to our Site. We also use third-party service providers to display advertisements to you on other websites based on your activities while on the Services.

e. Social Networking Sites

If you login to the Services through a social networking site, such as Facebook, we may collect your Facebook authentication token and account identification number and use that information to provide you with access to your account on the Services.

3. INFORMATION FROM OR ABOUT OTHER PARTIES
   a. Information You Provide About An External Party

Ratings

The Services may display profiles of service professionals who participate on the Services. These profiles may include the service professional’s name, and ratings and reviews about the service professional provided by their customers. Service professional profiles may be visible to all users of the Services and on booking partners’ websites.

The Services may provide you with an opportunity to give ratings and reviews regarding service professionals or service requests. If you provide a rating or review about a service professional, we may post your first name, the initial of your last name, and the name of your neighborhood along with your rating or review on the service professional’s profile on the Services and on booking partners’ websites. In addition, service professionals may use your ratings and reviews, as well as this personal information about you, in their own marketing materials.

b. Information External Parties Provide About You

We may supplement the information we collect about you through the Services with records received from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.

c. Information You Provide to a Third-Party / Third-Party Sites

We do not control any Third-Party Sites and are not responsible for any information they may collect. The information collection practices of Third-Party Sites are governed by that website’s privacy policy. We recommend that you read the Third-Party Site’s privacy policy if you choose to provide any personal information or click on a plug-in.

4. COMMUNICATIONS

a. SMS Text Messaging Disclosure

By using the Services, you expressly consent and agree to accept and receive communications from us, including via text message, calls, and push notifications to the cellular telephone number you provided to us. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by us, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems which will deliver prerecorded messages, sent by or on behalf of SrvU, its affiliated companies and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us, and news concerning SrvU and industry developments.

You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from us at any time. You may opt-out of receiving all text (SMS) messages from us (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however, you acknowledge that opting out of receiving all texts may impact your use of the Services.

5. INFORMATION RETENTION

We keep the categories of personal information described above for as long as is necessary for the purposes described in this Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

• Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
• Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
• The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
• Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.

6. TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION

Although we do not sell personal information in exchange for money, some of the ways in which we share personal information for targeted advertising may be considered “sales” or “sharing” under U.S. state privacy laws. Listed below are the categories of personal information we share for purposes of targeted/cross-context behavioral advertising or otherwise “sell” for non-monetary consideration:

• Identifiers
• Personal Records
• Internet or other electronic network activity information
• Geolocation Data (inferred from your IP address)
• Inferences

The types of third parties to which personal information is sold or shared are third-party advertisers and some analytics vendors. The purposes for which we sell/share this information include: showing you relevant ads while you browse the internet or use social media; marketing, advertising, certain types of analytics, or similar purposes. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age. If you would like to opt out, please see the information below.

7. UNITED STATES PRIVACY RIGHTS

If you are a resident of California, Colorado, Connecticut, or Virginia you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request to us via email at [email protected] including the email address that you have used to transact with SrvU. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected Personal Information. An authorized agent may submit a request on your behalf by emailing us at the email listed above. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

a. California Privacy Rights

This section supplements the other parts of our Policy and provides disclosures for California residents under the California Consumer Privacy Act (the “CCPA”).

Right to Know: You have the right to know about your Personal Information. You also have the right to obtain a transportable copy of your Personal Information. Your right to know request may be made no more than twice in a 12-month period.

• Your right to know request may encapsulate the following:
  • The categories of Personal Information we have collected about you
  • The categories of sources from which the Personal Information was collected
  • Our business or commercial purposes for collecting, selling, or sharing your Personal Information
  • The categories of third parties to which we disclosed your Personal Information
  • The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
  • The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
  • The specific pieces of Personal Information we have collected about you

Right to Correct Personal Information: You may request that we correct Personal Information that we maintain about you if you believe such Personal Information is inaccurate. Upon receipt of a verifiable request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct the information as you direct.

Right to Request Deletion of Personal Information: You may request that we delete your Personal Information that we have collected directly from you and are currently maintaining. Please note, however, that we may have a legal basis for retaining such Personal Information under applicable law, despite your request.

Opt-Out Rights: You have the right to opt out of the selling or sharing of your Personal Information via tracking technologies (e.g., cookies) on the Site by clicking on the “Do Not Sell or Share My Personal Information” link in the footer of the Site. If you choose to use an opt-out browser signal, such as the Global Privacy Control, you will be opted out of cookie-based sales and shares. Please note that visiting our Sites with an opt-out browser signal enabled will have the effect of opting you out of sales and sharing with respect to our Sites. You will need to turn on the signal for each browser that you use.

Right to Limit Use and Disclosure of Your Sensitive Personal Information: In the event that we use sensitive Personal Information to infer characteristics about you, you may direct us to limit the use and disclosure of your sensitive Personal Information to uses and disclosures that are reasonably necessary to provide our goods and services. We do not use or disclose sensitive Personal Information to infer characteristics, nor do we use or disclose sensitive Personal Information for other purposes not listed here.

Right to Non-Discrimination for the Exercise of Your Privacy Rights: If you choose to exercise any of your privacy rights under California law you also have the right not to receive discriminatory treatment by us.

Notice of Financial Incentive

From time to time, we may offer discounts and promotions (“Programs”) that provide benefits to those who choose to participate. Participation requires you to provide some Personal Information, such as Identifiers (e.g., email addresses, phone numbers, and/or zip codes). The full terms and conditions of our Programs will be set forth where the opportunity to sign up is offered.

We have made a good faith estimate that the value of consumers’ Personal Information provided in connection with our Programs is equivalent to the relevant expenses related to the collection and retention of that Personal Information. By joining our Programs, you consent to any associated financial incentive. You have the right to withdraw from the financial incentive at any time by discontinuing our Programs in the manner provided.

Unless you specifically request, submission of a request to delete your Personal Information will not erase information required for you to continue to participate in our Programs. Should you wish to delete your Personal Information associated with our Programs (and thereby cancel your participation in our Program), please contact us at [email protected]. In addition, we may offer you financial incentives for the collection, sale and retention and use of your Personal Information as permitted by the CCPA. The material aspects of any financial incentive will be explained and described in its terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the Program and you can opt-out of each Program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable Program description and terms. We may add or change incentive Programs and/or their terms by posting notice on the Program descriptions and terms, so check them regularly.

California Shine the Light

Separately from the CCPA, the California Shine the Light law permits customers in California to request certain details about how their personal information is “shared” with third parties as defined in the Shine the Light law, and in some cases affiliates, if personal information is shared for those third parties’ or affiliates’ own direct marketing purposes. We share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. Californians may request information about our personal information sharing by contacting us at [email protected]. Please include “California Shine the Light Request” in the subject line and in the body of your message. Please note that “Shine the Light” rights and CCPA rights are granted by different laws and must be exercised separately.

b. Other State Privacy Rights

This section supplements the other parts of our Policy and provides additional information for residents of Virginia, Colorado, and Connecticut. If you are a resident of California, please review our California-specific disclosures above.

We may process your Personal Information for targeted advertising and some of the ways that we disclose Personal Information may constitute a sale (as the term is defined in the applicable state privacy laws).

If you are a resident of Virginia, Colorado, and Connecticut, subject to certain conditions and restrictions set out in the applicable laws, you have the following rights with regard to your Personal Information:

Right to Access. You have the right to request access to and obtain a copy of any Personal Information that we may hold about you.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information.

Right to Delete. You have the right to request that we delete Personal Information that we have collected from or obtained about you.

Right to Opt Out of Targeted Advertising. You have the right to request that we stop disclosures of your Personal Information for targeted advertising via cookies and tracking technologies by adjusting your cookie preferences through the “Do Not Sell or Share My Personal Information” link in the footer of this page.

Right to Opt Out of Sales. You have the right to opt out of our Sales of your Personal Information.

Right to Opt Out of Profiling. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use Personal Information to conduct profiling.

Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision (Virginia, Colorado, and Connecticut only).

c. Nevada Privacy Rights

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services.

8. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

We may offer sweepstakes, contests, and other promotions (collectively “Promotion”) through the Services that may require providing Personal Information to register. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. Please read the official rules carefully. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners’ list.

9. CHILDREN’S PRIVACY

We do not collect any information from anyone under 16 years of age. The Services we offer are all directed to people who are at least 16 years old or older. If you are under the age of 16, you are not authorized to use the Services.

10. INTERNATIONAL VISITORS

SrvU operates and is based in the United States. If you are using our Services outside the United States, please be aware that the information described in this Policy may be transferred to, or processed and stored in, the United States and other countries, which may employ greater or less restrictive data protection laws. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country. In all cases, we will take appropriate measures to protect your personal information in accordance with the standards described in this Policy.

11. SECURITY

The security and confidentiality of your Personal Information is important to us. We have implemented commercially reasonable technical, administrative, and physical security measures to protect your Personal Information from unauthorized access or disclosure and improper use. It is important for you to protect against unauthorized access to your account password and to your computer. Be sure to log out of your account or to close your browser after you have completed your visit to our Services. Please note that despite our reasonable efforts, no security measure is perfect or impenetrable, therefore we cannot guarantee the absolute security of your Personal Information.

12. YOUR CHOICES

You may contact [email protected] to update, correct, or delete your Personal Information. You may also update, correct, and delete some of your Personal Information through your account on the Services.

You may opt out of marketing emails by clicking the “unsubscribe” link at the bottom of emails we send or by sending an email to [email protected] .

13. CONTACT US

If you have any questions about this Policy, we’ll do our best to answer them promptly. Here’s how to contact us:

Email:

[email protected]

Mailing Address:

Attn: Privacy Officer

SrvU

ADDRESS:   14500 Roscoe Blvd, 4th floor, Panorama City, CA 91402

14. CHANGES TO THIS POLICY

If we change this Policy, we will post those changes on this page and will modify the “Last Updated” date at the top of this Policy. If we materially change this Policy in a way that affects how we use or disclose your Personal Information, we will notify you by prominently posting a notice of such changes before making them.

SrvU Terms of Use

Introduction

Welcome to SrvU, a technology company offering the following services to consumers:

SrvU (“SrvU”) helps consumers research, hire rate and review a variety of service contractors and health related professionals (collectively, “Service Providers”).  We provide a digital platform that facilitates the connection between customers and independent contractors (“Contractors”).  We do not provide these services directly but enable your access to contractors.  The following Terms of Use outline your obligations when using the SrvU websites, mobile applications, and services and constitute a legally binding agreement between you (the user) and SrvU governing your access to and use of our website, mobile application, and services (collectively the “Services”).

1. ACCEPTANCE OF TERMS

The SrvU website available at www.SrvUeslist.com, the SrvU mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Services”) are owned and operated by SrvU and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2. MODIFICATIONS OF TERMS OF USE

SrvU may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide SrvU notice to remove you from any lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY MODIFIED TERMS OF USE.

3. USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, SrvU grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of SrvU. SrvU may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. SrvU shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4. USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by SrvU. By way of example, and not as a limitation, you agree not to:

1. violate these Terms of Use, other applicable agreement with SrvU, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
2. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
3. use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of SrvU, which consent may be withheld by SrvU in our sole discretion;
5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with SrvU, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7. knowingly provide or submit false or misleading information;
8. use the Sites and Services if you are under the age of eighteen (18);
9. take any action that would undermine the review and rating process under the Sites and Services;
10. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
11. use the Sites and Services in any way that could interfere with the rights of SrvU or the rights of other users of the Sites and Services;
12. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by SrvU by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
15. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
16. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of SrvU, including any SrvU account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by SrvU and provided for by the Sites and Services.

5. SRVU’S SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

6. REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide SrvU with true, accurate, current and complete information as prompted by the SrvU’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the security of your account, the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.  If you suspect any unauthorized use of your account, please contact us immediately.

7. SUBMITTING CONTENT

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

1. you grant to SrvU a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
2. you grant to SrvU all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
3. you grant to SrvU all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
4. your name and report information may be made available to the public and to the Service Providers on which you report;
5. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, SrvU, and others as described and otherwise contemplated in these Terms of Use;
6. you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
7. you are solely responsible for your reviews and ratings;
8. SrvU may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
9. you will not submit any reviews that may be considered by SrvU to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
10. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
11. all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
12. you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
13. you have not received any form of compensation to post reviews and ratings;
14. you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
15. you will not submit reviews that comment on other users or the reviews of other users;
16. you will not submit reviews with hyperlinks; or
17. the reviews and ratings that you provide do not reflect the views of SrvU, its officers, managers, owners, employees, agents, designees or other users.

8. PUBLICATION AND DISTRIBUTION OF CONTENT

SrvU does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that SrvU simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that SrvU does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.

You further acknowledge that SrvU has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other SrvU member or any Service Provider. However, SrvU reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely your responsibility to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will SrvU be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against SrvU relating to Content or Service Provider Content, and release SrvU from any and all liability for or relating to any Content or Service Provider Content.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that SrvU may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that SrvU has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that SrvU has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. SERVICE PROVIDERS

SrvU does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), SrvU is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve SrvU. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).

Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. SrvU does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites or apps is subject to the respective policies of those third parties or Service Providers, and not SrvU’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that SrvU will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. SrvU does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.

You agree that SrvU is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against SrvU relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release SrvU from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that SrvU shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the SrvU Sites and Services.

10. HEALTH RELATED PROVIDERS    [If you decide to offer these services:  Home Care of Elderly]

The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.

If you think you may have a medical emergency, call your doctor or 911 immediately. SrvU does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. SrvU is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by SrvU, its employees and others appearing on the Sites and Services at the invitation of SrvU, or other visitors to the Sites and Services is solely at your own risk.

The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. SrvU is not liable for any such Content. SrvU cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.

11. TERMINATION

SrvU may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that SrvU reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Sites and Services. You understand that SrvU may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to SrvU.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

12. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by SrvU, [ADDRESS].  If You have any questions, concerns, or complaints regarding the Services, please contact SrvU by either visiting Member Support or sending a letter, first class certified mail, to SrvU, [ADDRESS], Attn:  [?]

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

13. TRADEMARKS AND COPYRIGHTS

SrvU, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, data software and files and service names are the proprietary property of SrvU or our licensors, trademarks or trade dress of SrvU in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of SrvU and/or its licensors and are protected by all United States and international copyright laws and also the proprietary property of SrvU or our licenses.

14. NOTICES

You agree that SrvU may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to SrvU will be provided by sending a letter, first class certified mail, to SrvU, [ADDRESS], Attn: [?].  Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), SrvU will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

SrvU

INSERT ADDRESS & EMAIL and ATTN: [?]

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SrvU will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

15. DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. SrvU is not responsible for any delays, failures or other damage resulting from such problems.

16. USER FEEDBACK

SrvU appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of SrvU. In addition, none of the Submissions will be subject to any obligations of confidentiality and SrvU will not be liable for any future use or disclosure of such Submissions.

17. WARRANTIES AND DISCLAIMERS

You acknowledge that SrvU has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release SrvU from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. SrvU makes no representations concerning any content contained in or accessed through the Sites and Services, and SrvU will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. SrvU makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.  The Services are provided on an “as is” and “as available” basis.  SrvU expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose.  We do not warrant that services will be uninterrupted, timely, precise or error-free.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER SRVU NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SRVU, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL SRVU OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SRVU OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SRVU OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, SRVU DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SRVU’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

SRVU SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SRVU HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

SrvU has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release SrvU from all liability for you having acquired or not acquired Content through the Sites and Services. SrvU makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and SrvU will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because SrvU has no control over such sites and resources, you acknowledge and agree that SrvU is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that SrvU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

18. INDEMNITY

You agree to indemnify, defend and hold harmless SrvU, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to SrvU or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another; (d) any conduct (negligent or intentional); or content of any third party on the Services; (e) any content obtained from the Services; (f) connected with your access to or use of the Services, or your violation(s) of these transmissions or content therein. SrvU will have sole control of the defense of any such damage or claim.

19. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SRVU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SRVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY SRVU OR THE FAILURE OF SRVU TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that Your unlimited access to the Content on the Website, represents a substantial portion of the value You receive from Your SrvU’s Membership Fee. THEREFORE, TO THE EXTENT SRVU IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, SRVU’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SRVU CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO SRVU THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR SRVU, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF SRVU TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY SRVU. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF SRVU TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY SRVU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT SRVU SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the content in each report or record on SrvU has significant value to SrvU and that the damage caused to SrvU for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of SrvU’s damages for the specified breaches of these Terms of Use:

If you post Content in violation of these Terms of Use, you agree to promptly pay SrvU One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by SrvU, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

21. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and SrvU. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and SrvU regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to SrvU under these Terms of Use.

22. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and SrvU, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and SrvU may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to SrvU. SrvU’s address for such notices is: SrvU, Inc., d/b/a SrvU, Attn: [?].
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and SrvU agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules).  Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (4) below.
3. Excluded Disputes. You and SrvU agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and SrvU agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
5. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location and jurisdiction of the arbitration proceeding shall be in Los Angeles County, California, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
6. Severability. You and SrvU agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
7. The jurisdiction and venue for any legal action filed in any State or Federal Court shall be, without exception, Los Angeles County, California.

23. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

24. MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with SrvU, SrvU may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. SrvU’s remedies are cumulative and not exclusive. Failure of SrvU to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms of Use are not assignable, transferable or sublicensable by you except with SrvU’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.

Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.

No joint venture, partnership, employment or agency relationship exists between you and SrvU as a result of these Terms of Use or use of the Sites and Services.

You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.

SRVU CODE OF CONDUCT FOR SERVICE PROVIDERS

The SrvU Code of Conduct

SrvU (“SrvU”) is honored to connect homeowners and home service professionals to complete home projects, and we strive to provide each with the best experience possible. To that end, we require that all pros and homeowners uphold our core values:

Be respectful
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.

Be fair
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.

Be professional
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.

Be honest
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.

Be reliable
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.

Be inclusive
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. SrvU adheres to a strict zero-tolerance discrimination policy.

SrvU reserves the right to remove all users who fail to follow this code of conduct from our site and platform.