Welcome to SMPros, a service of ServiceMagic! These Terms & Condition (“Agreement”) govern your use of the SMPros website (the “Site”). By using the SMPros website, you agree to be bound by this Agreement. This Agreement may be changed from time to time, in ServiceMagic’s sole discretion, and you agree to be bound by any changes that are posted on the Site or which are otherwise communicated to you. In this Agreement, we will refer to you the user as "you" and to ServiceMagic, Inc. as "we" or "us" or "ServiceMagic."
I. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post content, messages, materials or other items on the Site ("Interactive Areas"). If ServiceMagic provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial or federal law or regulation, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content that, in the sole judgment of ServiceMagic, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose ServiceMagic or its affiliates or its users to any harm or liability of any type.
ServiceMagic takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ServiceMagic liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. ServiceMagic does not endorse any content posted on the Interactive Areas of the Site. As a provider of interactive services, ServiceMagic is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area on the Site. Although ServiceMagic has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, ServiceMagic reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
II. Advertisements and Promotions
ServiceMagic does not sell any products or services on the Site, however, ServiceMagic may display advertisements, offers and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ServiceMagic, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ServiceMagic is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
III. Disclaimer of liability.
ServiceMagic makes no warranties or representations with respect to any content, information or services provided through, or in conjunction with, the Site. ServiceMagic is not liable for conduct by any user in the Interactive Areas on the Site. ServiceMagic provides no guarantee or assurance of the accuracy, correctness or completeness of any content or information posted on the Site.
ServiceMagic does not verify or substantiate any statements of claims made by visitors in our Interactive Areas. ServiceMagic is not responsible or liable for: (i) any errors, omissions, losses and injuries arising from the use of such information; (ii) any libelous, infringing or unlawful material contained within content or information provided or posted by visitors to our sites, or their, web pages or profiles.
IV. Indemnity.
As a user of any part of the Interactive Areas, you agree to indemnify ServiceMagic and its partners, advertisers, and third-party content providers (the “Indemnified Parties”) against any and all claims and expenses, including attorneys' fees, arising from your use of the Site, including the Interactive Areas. This expressly includes, without limitation: (i) liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights in connection with any content or information you provide or post, and (ii) any libelous or unlawful material contained in any content or information you post, (iii) any other liability arising from or caused by any content or information that you provide or post, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF SERVICEMAGIC OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY SERVICEMAGIC OR THE INDEMNIFIED PARTIES. This section shall survive any termination or expiration of this Agreement.
V. Submission of content.
All information, ideas, suggestions or other communications you transmit and content you post on the Interactive Areas will be on a non-confidential basis and become the property of ServiceMagic. We will be free to reproduce, use, disclose, and distribute such communications without limitation or any obligation, and you shall not be entitled to any payments or other consideration associated with our use of the foregoing. Please see ServiceMagic’s Privacy Statement for a description of how information you provide to the Site will be used.
VI. Limitation of Liability; Disclaimer of Warranties.
a. Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SERVICEMAGIC TO YOU EXCEED $100.00, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
b. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND SERVICEMAGIC DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
VII. Other Terms.
a. ServiceMagic, in its sole discretion, reserves the right to suspend or terminate your access to the Site immediately at any time for any reason or no reason at all.
b. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
c. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
This Agreement was last updated on May 5, 2006.
© Copyright ServiceMagic 2006
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