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Privacy Policy

ServiceUp Privacy Policy

Effective: July 1, 2022

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SCOPE OF PRIVACY POLICY

This Privacy Policy describes how ServiceUp Inc. (collectively, “ServiceUp”, “we”, “our”, or “us”) collects, uses, and shares information about you (“you”, “your”, or “user”) when you use our website or mobile application (“App”) at ServiceUp.com, together with all products and services we may offer from time to time via our website and/or related applications, our related social media websites such as Instagram, Twitter, Facebook, or otherwise through your interactions with us (our website, applications, products, services, and social media pages, collectively, the “Services”). This Privacy Policy also describes your and our legal rights and responsibilities with respect to information which we collect from or about you through the methods described below (see “Information We Collect” and “How We Use Your Information”), including without limitation information which identifies you or which could be used to identify you such as your name and contact details, or your user account information, which we call “Personal Information” in the text below. “Personal Information” also may include information about how you use our website. ServiceUp takes very seriously its responsibility to protect the safety and security of your Personal Information that we process and is committed to respecting your privacy rights.

The terms of this Privacy Policy are incorporated by reference into the ServiceUp Terms of Use and Service,which govern your use of the ServiceUp Website and ServiceUp services, applications, content and products. Your use of the ServiceUp website constitutes your agreement to follow and be bound by the Terms, including this Privacy Policy.

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APPLICABILITY OF SERVICEUP’S PRIVACY POLICY

This Privacy Policy is part of our Terms of Use that governs your access to and use of our Services. We will refer to access, use, transmission, and exchanges of information, availability or utilization of features, functions or activities, simply as “use” in the material below. This Privacy Policy applies to Personal Information that we use to provide the Services. This Privacy Policy applies regardless of the means used to access or provide the Services. This Privacy Policy also applies to our targeted content, including online offers and advertisements for products and services, which you may see on third party websites, platforms and applications (“Offer Sites”) based on your online activity. These Offer Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Offer Sites. This Privacy Policy does not apply to information from or about you collected by third parties and not shared with ServiceUp, such as ServiceUp’s service providers, and social media pages. The collection and use of your information by such third parties is governed by the relevant third party’s privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party’s compliance therewith. This Privacy Policy does not apply to websites that link to ServiceUp’s website or websites that may be accessed through the Services. We may provide links to other websites that contain information that we believe may be useful to you or that you will find valuable. However, we have not investigated the security of those linked websites and you should not assume those sites have a privacy policy equivalent to ours. If you access such a third party website through a link we provide, you will be subject to the privacy policy of the new site. ServiceUp is not responsible for the contents of any linked webpages referenced from our website. If you have any questions regarding the privacy, security, or content of those sites, you should contact the appropriate contact(s) at those websites directly.

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ACCEPTANCE OF PRIVACY POLICY

By using ServiceUp’s Services, including our website, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use ServiceUp’s Services. Your continued use of ServiceUp’s Services following the posting of changes to this Privacy Policy will mean that you accept those changes.

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AGE OF CONSENT

By accessing ServiceUp’s Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.

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INFORMATION WE COLLECT

Information That You Provide: We collect information that you provide directly to us. For example, we collect information when you use our website, call us on the phone, create an online or mobile account, sign up to receive our emails, request customer support, apply for a job or otherwise communicate with us. We also may collect information when you communicate with us via third party social media sites such as Facebook or Instagram (e.g. to create an account) or when you use sites and services that allow you to share information (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such services. Providing your Personal Information to us is voluntary, however, if you do not provide some or all of the information we request, we may not be able to provide you with certain products, services or information.

The types of information you may provide directly to us include, but are not limited to your name, vehicle information, billing address, zip or postal code, telephone number, email address, birth date, credit card or payment information, product and communication preferences, family members, demographic information, or any other information that could be used to contact you or any other information that you may choose to disclose to ServiceUp.

Information We Collect Automatically: In order to improve the overall quality of your online experience, ServiceUp, its partners, and/or vendors automatically collect certain information about you when you access or use our website or Offer Sites, interact with our emails or online advertisements, or when you transact business with us. Information we automatically collect includes:
Log File Information: We collect information about your use of our website, such as the type of browser you use, access date/times, pages viewed, your Internet Protocol (“IP”) address and the referring link through which you accessed our websites. An IP address is a number that automatically identifies the computer or device you use to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. We track and aggregate certain information about the visits to our website to analyze trends and statistics such as general traffic flow and feature usage related to ServiceUp’s website. We compile traffic-based statistics that show the numbers and frequency of visitors to our website and its individual pages. These are an aggregated statistical report that we use internally to better understand our website traffic, manage our website, and help diagnose any problems. ServiceUp may also aggregate such information and make it available to others as part of its business; however, we will not identify you when providing such information or make it possible to identify you by others in providing this information.
Cookies: Our website, App, online advertisements, and emails use first and third-party “cookies”, pixel tags, and other technologies to automatically collect information about you such as browser type, pages viewed, links clicked, and other actions you take in connection with our websites, online advertisements, and email. A cookie is data sent to your Internet browser from a Web server and stored directly on your computer hard drive. Cookies and similar technologies within a web browser allow us to collect and store data as you navigate our website. We use this information for various purposes, including to facilitate web page navigation, display information more effectively, personalize your online experience, to understand how our websites are used by users, market our products and services, measure the success of our marketing campaigns, and for security purposes.

Most web browsers are set up to accept cookies. You can adjust your browser settings to refuse all cookies or to inform you when a cookie is being placed on your hard drive. However, certain features of ServiceUp’s website or App may not work properly and you may be required to re-enter certain information each time you use our website.

Where we use Google Analytics, we have set up the service to anonymize your IP address as soon as data is received by the Analytics Collection Network, before any storage or processing takes place. To opt out of being tracked by Google Analytics across all websites please visit http://tools.google.com/dlpage/gaoptout.

Transaction Information: When you purchase our services, we collect information about the transaction, such as repair and vehicle details and the date and location of the service.
Mobile Information: When you access our website or App from a mobile or smartphone device, we may receive information about your general location and your mobile device, such as unique device identifiers.
Information From Third Party Sources: We also receive information about you from other sources, including service providers such as Google, Facebook, and HubSpot and through your interactions with us on social media websites, and we add it to the information we associate with your account.

INFORMATION WE DO NOT INTEND TO COLLECT

When you create an account on our website, you may provide us information such as your first and last name, e-mail address, password, birthdate and other info you provide. ServiceUp does not intend to collect and retain records of any sensitive personal information, data regarding minority status, or data received from third parties that is not expressly contemplated by this agreement or contractually authorized. We do not knowingly contact or collect information from persons under the age of majority in your state or province of residence. The Services are not intended to solicit information of any kind from persons under the age of majority in your state or province of residence.

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TEXT MESSAGE/SMS CONSENT AND OPT-OUT

If you choose, you can provide your mobile phone number to receive text message alerts containing information about the repair services you are receiving, and the timing thereof, by us or third-party services providers using automated dialing systems (“Text Messages”). You agree that by providing your mobile phone number you expressly consent to receive automated text messages to the mobile phone number provided. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by following the opt-out instructions that will be sent to the SMS number used to contact you. Please refer to any other third party’s privacy policies for how such third parties manage their information.

We may share your mobile phone number with other service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own purposes without your consent. You acknowledge that Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient’s mobile carrier, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. ServiceUp expressly disclaims any liability related to third parties or service providers.

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SECURITY OF TRANSMISSION OF PERSONAL INFORMATION

Unfortunately, the transmission of information via the Internet or e-mail is not completely secure. Although we will do our best to protect Personal Information that you submit to us, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use commercially reasonable procedures and security features to try to prevent unauthorized access.

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HOW WE USE YOUR INFORMATION

We may use your Personal Information to provide products and services and to support our business functions. For example, we may use this information for the following purposes:

Provide, Improve, and Develop the ServiceUp Website and App.

Provide the Services to you
Provide customer service
Operate, protect, improve, and optimize the ServiceUp Website and App and the user experience, such as by performing analytics and conducting research
Communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, support messages, updates, security alerts, and account notifications
Address problems with and improve our services and technologies, as well as to develop new products and services
Allow you to use our online technologies
Provide consistent, personalized services, including to personalize our advertising, marketing communications, and promotional offers
Facilitate your ability to share information to social media
Fulfill a contract we have with you
Operate, protect, improve, and optimize the ServiceUp Website and App experience, and personalize and customize your experience (such as making automatically entering your saved vehicle information), we conduct profiling based on your interactions with the ServiceUp Website and App, your search and booking history, your profile information and preferences, and other content you submit to the ServiceUp Website and App.

We process this information given our legitimate interest in improving the ServiceUp Website and App and our user’s experience with it, and where it is necessary for the adequate performance of the contract with you.

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Create and Maintain a Trusted and Safer Environment.

Prevent, detect, mitigate and investigate fraud, security breaches and activities that are or potentially may be prohibited or illegal
Conduct security investigations and risk assessments
Verify or authenticate information
As we believe to be required or appropriate to protect the rights, property, safety and security of ServiceUp and our employees, customers and others
As we believe to be required or appropriate under applicable law, to respond to requests from government authorities and to comply with legal process, investigations, regulatory or governmental enquiries or for other legal or regulatory purposes
Comply with our legal obligations
Resolve any disputes with any of our users and enforce our agreements with third parties
Enforce our Terms of Use or other policies

We process this information given our legitimate interest in protecting the ServiceUp Website and App, to measure the adequate performance of our contract with you, and to comply with applicable laws.

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Provide, Personalize, Measure, and Improve our Advertising and Marketing.

Send you promotional messages we believe may be of interest to you, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about ServiceUp or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).
Personalize, measure, and improve our advertising.
Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the ServiceUp Website and App, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by visiting https://app.retention.com/optout”

We will process your Personal Information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your ServiceUp Account.

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Other Purposes.

When you consent to it
When it is necessary to protect your vital interests or that of another person
When it is necessary for the performance of a task carried out in the public interest
When it is in our legitimate interests. Legitimate interests are our business or commercial reasons for using your data, such as (i) keeping our records up to date (ii) providing the Services to you; (iii) maintaining or administering the Services (iv) performing business analyses or for other internal purposes to improve the quality of our business and the Services we offer; (v) prevention of fraud and financial crime to protect the public; (vi) communicating with you concerning programs or services consistent with our obligations to provide those services or otherwise; and (vii) participating in litigation, investigations, regulatory or governmental enquiries or for other legal or regulatory purposes involving our customers who use or have used our Services or other third parties. We will not unfairly place our legitimate interests above what is best for you.

HOW WE SHARE YOUR INFORMATION

We share your Personal Information with, or obtain data from, third parties in the following ways:

By You. You may disclose Personal Information when you post, link or tag digital content to our website, third party websites, or other public forums, such as ServiceUp’s social media pages, blogs, and online product reviews. Any information that you disclose through these services will become public.
Third Party Service Providers. We share your information with third party service providers who we work with or who manage our customer information and perform services on our behalf, such as hosting our e-commerce platform, processing online payments, providing and maintaining website features, and sending communications and products to our customers. Our third party service providers are only authorized to collect, use, and disclose your information to the extent necessary to allow the third party service providers to perform the services they provide to us. Certain third-party service providers have their own terms of use and privacy policies with respect to the information we are required to share with them in order to provide us with their services. For these third party service providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
Social Sharing. Your Personal Information may be disclosed in connection with your social sharing activity, such as if you log into your customer account from your social media account. By connecting your customer account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.
Legal Requirements. We may share information about you if necessary or appropriate to comply with laws or regulations or in response to a valid subpoena, court order, legal processes, or government request, or to protect the operations, privacy, safety, property or rights of Color Image Apparel, Inc or others, or when we believe it is necessary to share such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law or to protect the public.
Business Transfer. In the event of a sale or merger of ServiceUp, our customers’ Personal Information and other information we have collected as described in this policy may be among the transferred business assets.
Other Disclosures. We may share your Personal Information with our legal, regulatory, audit, and other professional advisors. Those companies may use your Personal Information to assist us in our operations consistent with our legitimate business interests. We also may share information about you as described at the point of collection or otherwise pursuant to your consent or where ServiceUp has a legitimate interest in doing so.

These third parties do not have any independent right to share your Personal Information. We will exercise reasonable measures to have the third parties to whom we disclose your Personal Information respect your Personal Information and comply with applicable data protection laws.

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HOW WE KEEP YOUR INFORMATION

We will store your Personal Information for as long as is necessary to achieve the purposes for which it was collected, whether that is to provide services to you, for our own legitimate interests (described above), or so that we can comply with the law. We reserve the right to retain it to the full extent not prohibited by law. We may delete Personal Information in our discretion, so you should retain your own records, and not rely upon our storage of any Personal Information, content, or other data.

We will review the information we hold and when there no longer is a user, legal, or business need for us to hold it, we will either delete it securely or in some cases irreversibly anonymize it. When we delete any information, it will be deleted from our active databases but may remain in our archives.

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HOW WE PROTECT YOUR PERSONAL INFORMATION

To prevent unauthorized access, maintain data accuracy, and facilitate the correct use of Personal Information obtained through our website, we have put in place appropriate physical, technical, and operational measures to safeguard and secure the Personal Information we collect online against unauthorized access, unlawful use, accidental loss, corruption, or destruction.

We also use operational measures to protect your Personal Information, for example by limiting the number of people who have access to your membership information. Access to Personal Information is restricted to ServiceUp staff members and third party service providers who require the access for specific purposes, such as helping us provide the Services to you.

We use technical measures such as password protection to protect your data and the systems where they are stored. However, messages you send to us through the Internet or otherwise electronically may not be secure. We recommend that you do not send any confidential information to us by email. If you choose to send confidential information to us, you accept the risk that a third party may intercept this information. We make reasonable efforts to keep your information safe and secure while using our services. We protect your online order and Personal Information by using Secure Sockets Layer (SSL) technology. Generally, the data that travels between your computer and our servers is SSL encrypted, and then stored on a computer that is not connected to the Web. To make sure you are accessing a secure server, look at the lower left or right hand corner of your browser window after accessing the server. An un-broken key or closed lock (depending on your browser) indicates that SSL is active in your window. Some versions of browsers and firewalls don’t permit communication through secure servers. In that case, you’ll be unable to connect to the server so you won’t have to worry about mistakenly placing an order through an unsecured connection.

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LOCATION OF YOUR PERSONAL INFORMATION / YOUR PARTICULAR CONSENT

You are giving us the following particular express, voluntary, and informed consent to a few activities relating to your Personal Information that is disclosed in providing goods and services to you, or for a purpose directly related to such purpose:

Consent to International Transfer and Disclosure of Personal Information: ServiceUp is located in the United States (“U.S.”) and is subject to the applicable laws of the United States (where data privacy laws are less stringent than in the European Union and certain other jurisdictions). We will store and process information we receive about you, as described in this Privacy Policy, in the U.S.

You agree that ServiceUp and those with whom we share your Personal Information (“Recipients”) may disclose, transfer, process, and store your Personal Information outside of your country of origin to our affiliates, sponsors and partners, and any other third party service providers for the purposes described in this Privacy Policy.

Some of the recipients of Personal Information as specified above may be located in countries that do not provide a level of data protection equivalent to that set forth by the European Union and some other jurisdictions. If you submit any Personal Information or choose to access or use the Services offered by ServiceUp such as our website or app, you consent to such disclosure, transfer, process, and storage of information in accordance with this Privacy Notice and subject to such applicable laws which may include access by law enforcement and other government entities including courts and tribunals.

Consent to Electronic Notice If There is a Security Breach: We will take reasonable measures to safeguard your Personal Information and prevent such information from unauthorized access, disclosure, or use. However, there can never be a guarantee of data security. If we or a Recipient is required to provide notice of unauthorized access to or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our website or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.

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YOUR OPT-OUT CHOICES

We also work with third parties such as Google and Facebook to manage our advertising on other websites. Our third party advertising partners may use cookies or similar technologies on our website and other websites to provide you advertising based upon your browsing activities and interests, or to display ads that link back to our site. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page. You can opt-out of some, but not all, online behavioral based advertising by clicking here or by using your browser settings to block cookies or notify you when a cookie is set.

If you do not want ServiceUp to send you email or postal mail regarding ServiceUp or its Services, you can choose not to provide your Personal Information to ServiceUp, even though it might be necessary to make a purchase or to take advantage of certain features on our Services. You may also update and correct the information you provide as part of your account through your “Profile” on our mobile app. If you choose not to give us certain Personal Information, you can still use many aspects of our website. However, you will not be able to access website areas that require account registration.

If you have previously opted-in to receiving marketing emails from us, you can update your preferences to tell us specifically what you are interested in hearing about by clicking on the preferences link included in the marketing e-mails. You can update your preferences at any time.

If you would prefer not to receive marketing emails sent by ServiceUp, simply click on the “unsubscribe” link included at the bottom of any of those emails. If you opt out of receiving marketing emails, we may still send you other types of messages, such as purchase receipts, information about repairs, or emails about your user account.

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YOUR RIGHTS OVER YOUR PERSONAL INFORMATION

California Privacy Rights

As of January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) provided California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The CCPA does not currently apply to ServiceUp.

CONTACT US

If you’d like more information about our privacy practices, feel free to contact us at privacy@ServiceUp.com.

CHANGES TO THIS PRIVACY POLICYServiceUp may change this Privacy Policy from time to time to reflect our current practices. Any changes to this Privacy Policy will be posted on this website and will be effective when posted unless another date is referenced in the notice. We recommend you check the Privacy Policy on a regular basis so that you know the current terms and conditions that apply to you. If you use our website after any changes are effective, you are agreeing to comply with and be bound by them.

eUp”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the ServiceUp App and ServiceUp services, applications, content and products (collectively, the “Site”). The terms of ServiceUp’s Privacy Policy are incorporated by reference into these Terms. The ServiceUp General Terms and Conditions for Services further apply to any purchase of goods or services made through the Site.

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ACCEPTANCE OF TERMS

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. ServiceUp reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. ServiceUp provides you with access to and use of the Site subject to your compliance with the Terms.

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SITE CONTENTS

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without ServiceUp’s written permission, “mirror” any material contained on this Site or any other server. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is ServiceUp property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of ServiceUp.

We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

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DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

MINDFUL OF THE HIGH COST OF LEGAL DISPUTES, NOT ONLY IN DOLLARS BUT ALSO IN TIME AND ENERGY, BOTH YOU AND SERVICEUP INC. AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH SERVICEUP (INCLUDING CLAIMS RELATING TO SERVICEUP’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY SERVICEUP, OR SERVICEUP’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: SERVICEUP, ATTN: LEGAL, 20 N SANTA CRUZ AVE SUITE A, LOS GATOS, CA 95030, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS SENT, EITHER PARTY MAY COMMENCE ARBITRATION.

BY AGREEING TO ARBITRATION, YOU AND SERVICEUP ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR DISPUTE WERE INSTEAD BEING HEARD IN A COURT. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (’AAA’), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S APPLICABLE RULES. IN LIEU OF ARBITRATION, EITHER YOU OR SERVICEUP MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS.

IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY SERVICEUP INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

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CLASS ACTION WAIVER

You and ServiceUp agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against ServiceUp, nor will you seek to become a class representative. You further agree that in any action you initiate against ServiceUp, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.

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PROHIBITED USES

The Site may be used only for lawful purposes and is available only for your personal, non-commercial use which shall be limited to viewing the Site, purchasing services, providing information to the Site and downloading service information for your personal review. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. ServiceUp specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

Posting any information which is incomplete, false, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
Attempting to interfere in any way with the Site’s or ServiceUp’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
Communicating, transmitting or posting material that is in violation of applicable laws or regulations
Using the Site to harass, disrupt, or unlawfully interfere with ServiceUp business interests

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SECURITY RULES

Violations of system or network security may result in civil or criminal liability. ServiceUp investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging on to an ServiceUp server or account that you are not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

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PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms of Use, ServiceUp’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy. For further information regarding ServiceUp’s collection, protection, and use of your personal information, please refer to our Privacy Policy. By accepting these Terms, you also agreed to be bound by the Privacy Policy terms, which are incorporated by reference hereby.

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PROPRIETARY RIGHTS

As between you and ServiceUp (or any other company whose marks appear on the Site), ServiceUp (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The ServiceUp logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ServiceUp Intellectual Property”) are owned by ServiceUp and may be registered in the United States and internationally. You agree not to display or use ServiceUp Intellectual Property in any manner without ServiceUp’s prior permission. Nothing on the Site should be construed to grant any license or right to use any ServiceUp Intellectual Property without the prior written consent of ServiceUp. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by ServiceUp. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

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COPYRIGHT COMPLAINTS

ServiceUp respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ServiceUp with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to:

By mail:
ServiceUp

Attn: Legal

20 N Santa Cruz Ave Suite A

Los Gatos, CA 95030

By email: info@serviceup.com
(For both mail and email notices, please include “Notice of Infringement” in the subject line.)

Upon receipt of notices complying with the DMCA, ServiceUp will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ServiceUp may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SERVICEUP ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR “CONTACT US” PAGE OF THIS WEBSITE.

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DISCLAIMERS AND LIMITATION OF LIABILITY

ServiceUp publishes information on its Site as a convenience to its visitors. While ServiceUp attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The ServiceUp products described on the Site may not be available in your region. ServiceUp does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” SERVICEUP DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SERVICEUP DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SERVICEUP MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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ServiceUp makes no warranties of any kind regarding any non- ServiceUp sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and ServiceUp makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- ServiceUp sites. ServiceUp does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL SERVICEUP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SERVICEUP OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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INDEMNITY

You agree to defend, indemnify and hold ServiceUp, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

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GOVERNING LAW

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions, except to the extent governed by federal law.

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GENERAL INFORMATION

These Terms, along with the Privacy Policy, constitute the entire agreement between you and ServiceUp and govern your use of the Site, and they supersede any prior agreements between you and ServiceUp. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. ServiceUp may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in ServiceUp’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between ServiceUp and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to ServiceUp or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of ServiceUp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.You may not assign the Terms or any of your rights or obligations under the Terms without ServiceUp’s express written consent. The Terms inure to the benefit of ServiceUp’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our “Contact Us” page of this website.