These Terms of Service define the terms by which you may use the MyServiceConnection.com website (“website”), and are an agreement between you and MyServiceConnection, LLC, a Florida limited liability company (“company”) (the company and website are collectively referenced as “we” or “us”). By using this website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these terms of service.
This website is an online marketplace, where businesses or individuals (“Buyers”) and service providers (“Sellers”) can meet and enter into agreements. Our marketplace serves as a pass-through platform; we are not involved in any actual transactions between buyers and sellers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our Website. We do not pre-qualify sellers or validate their claims, including but not limited to licensing, insurance, and registration. We function solely as a neutral venue where two parties may agree on a price for a service. We are the neutral venue between you and other members. We cannot endorse buyers or sellers, and you acknowledge and agree that we are not in any way responsible for the provision of the services, nor can we guarantee the ability of members to complete payment for any of the provided services. We cannot make any guarantees regarding either buyers or sellers. You are solely responsible for all risks of doing business with any buyer or seller. You acknowledge and agree that all communications and correspondence, whether verbal or written, and any warranties or representations regarding the services are not provided by us and are specifically and solely between you and the buyer or seller. We are not involved in the actual transaction between buyers and sellers, and so we have no control over the accuracy of listings, the ability of sellers to perform services, or the ability of buyers to list items. We cannot ensure that either a buyer or seller will actually complete any transaction.
Only adults, who are at least eighteen (18) years of age, are eligible to use our Website. Minors may only use this Website in conjunction with their parents or guardians. In addition, to use the Website, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. If you are registering as a business entity, you represent and warrant that you have the authority to bind the entity to these terms of service. Moreover, if you engage in the transportation of goods, you represent and warrant that you have a valid license to operate the vehicle you intend to use. Finally, if you are a seller, you represent and warrant that neither you nor any employee or independent contractor working for you has been convicted of a felony or is currently involved in any legal proceedings, whether criminal, civil, or administrative, which would prevent you from performing the services.
By using this website, you represent and warrant that you have the right, authority, ability, and capacity to enter into these terms of service and can abide by all of the terms and conditions set forth in this Section.
In order to access many of the features of this website, you will need to register as a member and create an account. When you register, you may be asked to provide the following information: full name, address, phone number, email address, user name, address, and phone number. In addition, if you are registering a business, we may ask you to submit your license number and certifications.
All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case.
If you register, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.myServiceConnection.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this section.
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We reserve the right to suspend or cancel your membership for any reason without prior notice to you. You agree that we may suspend or cancel your account for the following reasons:
In addition to suspending or cancelling your membership, we reserve the right to notify our Buyers or Sellers of any fraudulent or improper actions.
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at firstname.lastname@example.org
You agree that any information that all non-public, proprietary information that you obtain from us, learn, or discover shall constitute our Confidential Information, including but not limited to our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business. You agree to hold all Confidential Information in confidence and not disclose such Confidential Information to any third party. You acknowledge and agree that monetary damages will provide an insufficient remedy for the breach of this confidentiality obligation, and that we will be entitled to injunctive relief.
We and our licensors own all right, title, and interest in the copyrighted material, potential patentable business method material, design logos, phrases, names, logos, and HTML Code (“Intellectual Property Content”). We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance,” and “graphic function” of this Website, including but not limited to its color combinations, sounds, layouts, and designs. You agree and acknowledge that your use of this Website does not confer upon you any license or permission to use the Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose.
In addition, this Website also contains trademarks, trade names, trade dress, service marks, domain names, and other proprietary notices (collectively the “Marks”) owned or licensed for use by us. Unless otherwise expressly agreed by separate written agreement, you agree that these Terms of Service convey no right, property, license, permission or interest of any kind in or to the Marks. You agree that you will not contest or deny the validity of our right, title, or license to use the Marks, and you shall not encourage or assist others directly or indirectly to do so. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical or similar to any of the Marks.
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
You are solely responsible for all comments, postings, or other communications that you make on or through this Website. Your communications must be true, legal, accurate, and non-fraudulent. You may not communicate with Buyers or Sellers for the purpose of bypassing our fees, and your communications may not contain viruses or other malware. Moreover, you may not communicate in such a way that would cause us to violate any applicable law or that would violate our terms on Prohibited Uses of the Website. We reserve the right to edit, remove or restrict any communication that you make for any reason. In addition, we reserve the right to suspend or delete the account of any member that attempts to make off-site transactions.
You agree that you solely own all right, title, and interest in any communications that you make to us, and you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license, with the right to grant sublicenses, to use, publish, display, and distribute any such communications.
You agree that neither Company nor Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of fees you pay to us in the twelve (12) month period immediately preceding the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
Your use of this Website is at your sole risk. If you are a Buyer, you are solely responsible for conducting due diligence on any Seller that you hire, and for ensuring that he or she has the appropriate credentials, licenses, and are otherwise in compliance with any requirements of their profession. If you are a Seller, you are solely responsible for conducting due diligence on any Buyer that you agree to work with. We can make no warranties regarding the quality, skill, or integrity of any Buyer or Seller on this Website, nor with respect to any decision to enter into a business relationship with such third parties.
In addition, we make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NOTHING ON THIS WEBSITE SHOULD BE INTERPRETED AS AN ENDORSEMENT OF ANY BUYER OR SELLER.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company’s services. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, employees, independent contractors, representatives, and agents, against any breach of these Terms of Service or any third party claim arising from or in any way related to your use of this Website or any transaction that you enter into on this Website, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
You are solely responsible for complying with all applicable laws, statutes, ordinances, and regulations with respect to your activities on or through this Website, including but not limited to complying with all relevant licensing requirements.
You shall not solicit to hire nor hire any of our employees or independent contractors, nor shall you interfere with any of our business relationships with other members.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. You may not assign your membership to any third party, without our prior written permission. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. We do not provide a dispute resolution service to resolve disputes between Buyers and Sellers; however, if you report a dispute to Member Support, we will make every effort to facilitate communication between the parties. It is your sole responsibility, however, to directly resolve all disputes with another Buyer or Seller. If we are contacted by a Buyer or Seller who claims to have a dispute with you regarding services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information. If a dispute involved fraud, theft, or other criminal activity, we encourage you to report such issues to the appropriate law enforcement authorities. All legal claims arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Tampa, Florida by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrator’s fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator ”s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
We always welcome messages and feedback from Buyers and Sellers on our Website; however, we do not currently accept or consider ideas, suggestions, or proposals from Buyers and Sellers. Our policy is intended to avoid the possibility of future misunderstandings when new features and functionally that we develop is similar or even identical to your idea. If you disregard this policy and submit an unsolicited suggestion, idea, or proposal to us (an ”Idea”), you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate into our Intellectual Property Content your Idea.
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website, please notify us at our email address email@example.com, or the contact information listed below:
Attn: Customer Support
Dr. Tampa, FL 33647 - USA