Terms of Use
1. ACCEPTANCE OF TERMS. MyServiceForce, Inc. (“myServiceForce”) provides a collection of online resources, including, but not limited to, the following: forums, various e-mail services and industry information (all of the foregoing being collectively referred to as “Services”), subject to the following Terms of Use (“TOU” or “Agreement”). By using the Services in any way, you are agreeing to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, any subsequent modifications thereto or become dissatisfied with myServiceForce in any way, your only recourse is to immediately discontinue use of the Services.
2. MODIFICATIONS TO THIS AGREEMENT. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any such changes in modifications or alterations.
3. Thirty (30) day satisfaction guaranteed. We are committed to providing top-quality service to our customers. If, within thirty days of account activation, you are not completely satisfied with our service, you may: (i) cancel your service, (ii) receive a full refund, and (iii) pay no early termination fee. The thirty day satisfaction guarantee applies only to myServiceForce membership fees, and in no way applies to services provided or rendered by third parties through myServiceForce’s website. To receive your full money back refund, please contact us by emailing support@myserviceforce.com, and providing (i) your name, address and telephone number, (ii) user ID, and (iii) why you were not satisfied with myServiceForce.
4. CONTENT AND FORUMS. All postings, messages, text, files, images, photos, video, sounds or other materials (collectively referred to as “Content”) posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. MyServiceForce and its affiliates may not review or monitor and are not responsible for the Content of any information published. MyServiceForce’s website also provides links to third party websites. These linked sites are not under the control of myServiceForce, and myServiceForce is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. MyServiceForce is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by myServiceForce of the site. Moreover, your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organization and/or individuals.
5. PRIVACY AND INFORMATION DISCLOSURE. You should be aware that if you voluntarily disclose personal information on a bulletin board, chat room or on any other user member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. Upon using the Services, you will be prompted to disclose certain information about yourself and use myServiceForce’s software to store certain information. By providing this information to myServiceForce, you are requesting, and you expressly consent to being contacted by myServiceForce and its affiliates or partners via phone, fax, e-mail, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list. Moreover, you represent and warrant that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or myServiceForce has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, myServiceForce has the right to terminate this Agreement effective immediately. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS TO MYSERVICEFORCE AND ITS PARTNERS, AFFILIATES AND CUSTOMERS, AS WELL AS LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION.
You understand and agree that private information about myServiceForce’s website visitors is obtained through the use of forms and site feedback questionnaires. MyServiceForce may use this information to contact its users. MyServiceForce may share this information with its suppliers or service providers who assist in maintaining and managing the activities on the website. Such suppliers or service providers may use your personally identifying information only in the course of providing services to myServiceForce.
MyServiceForce also reserves the right to share, provide or sell this information to carefully screened third parties interested in contacting our users. MyServiceForce may provide your personal information to such third parties if we, in our sole discretion, believe it to be of benefit to you and MyServiceForce. Notwithstanding the forgoing, you may request myServiceForce to exclude your information from any e-mail list(s) provided to third parties by sending an e-mail to: support@myserviceforce.com. Of importance, by opting out, myServiceForce will not sell or provide your e-mail information to non-affiliated third parties. myServiceForce, however, may provide your information to affiliated third parties as well as contact you directly in accordance with these Terms of Use.
6. CONDUCT. You agree not to post, e-mail or otherwise make available Content:
a. That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or invasive of another’s privacy;
b. That is pornographic or depicts a human engaged in sexual conduct;
c. That harasses, degrades or is hateful toward an individual or group of individuals on the basis or religion, gender, sexual orientation, race, ethnicity, age or disability;
d. That impersonates any person or entity, including, but not limited to, a myServiceForce employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e. That includes personal or identifying information about another person without that person’s explicit consent;
f. That is false, deceptive, misleading, deceitful, or constitutes “bait and switch;”
g. That infringes any patent, trademark, trade secret, trade dress, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationship;
h. That includes links to commercial services or websites except as allowed herein;
i. That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by federal or state law;
j. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment; or
k. That promotes or offers any contest, giveaway or sweepstakes on myServiceForce without prior written consent.
7. LICENSE. You hereby grant myServiceForce or any third party myServiceForce designates a perpetual, non-exclusive, world-wide, royalty free, license to the submissions that you post on myServiceForce, which includes without limitation the right for myServiceForce or any third party myServiceForce designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form of media now known or hereinafter developed, any submission posted by you on or to myServiceForce.
MyServiceForce provides both free and subscription based access to its proprietary software, information, Services and website. MyServiceForce gives to you, whether a non-paying or paying user, a nonexclusive, non-transferable license to access its website and use the Services therein. Notwithstanding anything to the contrary contained herein or elsewhere, myServiceForce reserves the right to revoke your access to the license at any time with or without cause. If it is determined or suspected by myServiceForce, in its sole discretion, that you are misusing or attempting to misuse or circumvent this Agreement or any Term of Use, or are using or attempting to use myServiceForce’s software or website in an inappropriate way or in violation of this Agreement or any Term of Use, myServiceForce reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings and to seek appropriate remedies and/or damages. Notwithstanding anything to the contrary contained herein or elsewhere, you hereby acknowledge and agree that myServiceForce is the owner of all right, title, and interest, including copyright, in and to the licensed materials. Copyright to the individual programs (the “Software”) used to deliver the licensed materials to you is owned by myServiceForce or other authorized copyright owner of each program. Ownership of the Software and all proprietary rights relating thereto shall, at all times, remain with myServiceForce and its licensers.
8. LIMITATIONS ON SERVICE. You hereby acknowledge and agree that myServiceForce may establish with or without notice limits concerning use of the Services, including, but not limited to the following: the maximum number of days that Content will be retained by the Services, and the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Services.
9. NO OBLIGATION TO PROVIDE SERVICES. You hereby acknowledge and agree that myServiceForce has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that myServiceForce reserves the right at any time to modify or discontinue the Services or any part thereof, with or without notice, and that myServiceForce is not liable to you or any third party for any modification, suspension or discontinuance of services.
10. TERMINATION. MyServiceForce, in its sole discretion, has the right but not the obligation, to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services or any part thereof, immediately and without notice, and remove and discard any Content within the Services for any reason.
11. DISCLAIMER OF WARRANTIES. THE SERVICES PROVIDED BY MYSERVICEFORCE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYSERVICEFORCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR FREE. MOREOVER, MYSERVICEFORCE ALLOWS PARTNERS, AFFILIATES AND CUSTOMERS TO POST INFORMATION ON ITS WEBSITE. MYSERVICEFORCE IS UNDER NO OBLIGATION TO REVIEW OR VERIFY THE INFORMATION OR REPRESENTATIONS SET FORTH IN THOSE POSTINGS. MYSERVICEFORCE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT MYSERVICEFORCE MAY CHECK SUCH INFORMATION. POSTINGS DO NOT REFLECT THE VIEWS OF MYSERVICEFORCE, ITS AFFILIATES, OFFICERS OR DIRECTORS.
12. LIMITATION OF LIABILITY. Your use of Services and/or reliance on Content is at your own risk. Neither myServiceForce, its affiliates, officers, directors, employees, subsidiaries, representative and agents shall be liable to you or anyone else for any loss or injury or any direct, indirect, consequential, special, punitive or similar damages exceeding your one month membership free arising out of your access or use of, or your inability to access or use of Services or reliance on Content. In no event shall myServiceForce, its affiliates, officers, directors, employees, subsidiaries, representative and agents be liable for any damages exceeding a one month membership fee (including without limitation damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising from the use of or inability to use the Services or Content, even if myServiceForce has been advised of the possibility of such damages.
13. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MSF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, REPRESENTATIVE AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, COSTS, LIABILITIES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, COUNSEL FEES AND COURT COSTS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, MSF’S WEBSITE OR THE SOFTWARE, OR YOUR VIOLATION OF THESE TERMS OF USE, OR THE RIGHT OR RIGHTS OF ANY THIRD PARTY. YOU HEREBY WAIVE ANY AND ALL CLAIMS NOW EXISTING OR TO YET OCCUR, AGAINST MSF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, REPRESENTATIVE AND AGENTS ARISING OUT OF YOUR USE OF MSF’S SERVICES, WEBSITE, LICENSED MATERIALS OR SOFTWARE, OR THESE TERMS OF USE.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between you and myServiceForce and revokes and supersedes all prior agreements, oral or written.
15. GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the choice of law principles of such state. You hereby agree to submit any dispute, claim or cause of action relating to these Terms of Use to the exclusive jurisdiction of the Chester County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania.
16. SEVERABLE. If any provision of these Terms of Use shall, for any reason, be held to be invalid or unenforceable in any jurisdiction in which these Terms of Use are sought to be enforced, such invalidity and unenforceability shall not effect any other provision hereof and these Terms of Use shall be construed as if such invalid or unenforceable provision were omitted.
17. LICENSE AGREEMENT. For members who have purchased any of the myServiceForce Tools the following License Agreement is also applicable to your TOU. View License Agreement
