Terms of Service
TERMS OF SERVICE These are the Terms of Service for ServiceChannel.com, Inc. (“Company”) and our entire platform of products and services: Work Order Manager; Proposal Manager; Planned Maintenance Manager; Asset Manager; Invoice Manager; Mobile App; Fixxbook; Compliance Manager; Analytics; Training; Custom Analytics; Supply Manager; Site Audit Manager and Payment Manager (collectively the “Services”). These Terms of Service apply at the websites located at www.servicechannel.info, www.fixxbook.com and all related sub-domains (collectively, the “Sites”). The Sites and Services are offered to you (together with your owners, employees, partners, subsidiaries, affiliates and/or agents, “you,” “User” or “Client”), conditioned on your acceptance without modification of the following terms, conditions, and notices (the “Terms and Conditions”). Your use of the Sites or Services after clicking the “Accept” button constitutes your agreement to all such terms, conditions and notices in effect at such time. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered effective and binding on you upon your use of the Sites or Services after such posting. If you have any questions regarding these Terms & Conditions, you may contact us by email at email@example.com.
1. REGISTRATION FOR THE SERVICES.
(a) In order to use Company’s Services or the Sites, you must register. Please go to www.fixxbook.com to do so. As part of the registration process, you must use a User ID and password. By obtaining a User ID and password, you represent and warrant that you have authority to access and participate in the Services on behalf of the entity listed on your registration and that your acceptance of this Agreement has the effect of binding such entity or entities to this Agreement with us and our Customers.
(b) Responsibility for Security of User IDs and Passwords: All User IDs and passwords are specific to the User who created them and such User bears all responsibility for maintaining the confidentiality of the User ID and password. User shall not disclose its User ID and password to any unauthorized person or entity. Client shall be responsible for any unauthorized access of the Sites and Services with its password, unless such unauthorized access is a result of the gross negligence or willful misconduct of Company or its agents, employees or contractors.
2. DIRECTORY OF CONTRACTOR INFORMATION.
(a) As part of the Services the Company maintains an online directory (the “Directory”) that allows facilities Clients (each a “Facility Client”) to communicate with contractor Clients (each a “Contractor”) about potential projects, workorders and invoices. The Directory includes the Contractor’s business listing, and/or link(s) to its website(s) together with other information pertaining to or describing services offered by the Contractor, the geographical areas serviced by the Contractor, whether such services are offered directly or through subcontractors, other information relevant to a Facility Client searching for facilities maintenance services, and all materials, information, data, text, graphics, or materials generated in any form or media, uploaded by or on behalf of Contractor to the Directory, or uploaded by or on behalf of any other Client (collectively, “Client Content”).
(b) Each Contractor or other Client uploading content to the Directory, or any other area or feature of the Sites, represents and warrants that its listings, links and submissions do not, and will not include content, or links to content, which may result in a third party claim against, or civil or criminal liability to, Company or its affiliate(s) or partner(s) or that otherwise violates applicable law or the terms of this Agreement, including, without limitation, content that is fraudulent, deceptive, libelous, defamatory, obscene, pornographic, adult-themed, infringing or that violates the privacy, publicity, intellectual property or any other right(s) of a third party. Subject to the terms and conditions of this Agreement, Client hereby grants to Company a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Customer Content including its listings and submissions, and any portion thereof, including, without limitation, Client’s trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Client solely to display and provide Client’s Content in accordance with this Agreement.
(c) Customer Content Must Be Correct and Current. You agree that any Client Content you submit, as prompted or permitted by the Service, will be true, accurate, current and complete and that you will maintain and promptly update all information you provide to keep it true, accurate, current and complete. Should you become aware of any error or omission in the Client Content, you shall be responsible for correcting or altering the error.
(d) License to Use Directory. In consideration of your registration, Company grants you permission to use the Directory only as authorized in this Agreement. You agree that you will not reverse assemble, reverse compile, create derivative works of or from the Directory or the Sites, or otherwise translate the Directory or the Sites. User acknowledges that its use of the Directory, the Sites, and any information contained therein is governed by the terms of this Agreement. Client shall use Directory and the Sites only for its own commercial purposes in carrying out its business in compliance with this Agreement and all applicable laws, regulations and ordinances. Reproduction, retransmission, dissemination resale, timeshare or rental of the Directory, the Sites or the Client Content set forth therein is prohibited. You may not reproduce, reformat, analyze, print, or display any portion of any information contained in the Client Content or the Sites, except in connection with your own use in the ordinary course of your business to locate a service provider, provided that such use in no event may include any commercial publication, distribution, broadcast, or offering of any portion of the content contained in the Directory or the Sites.
(e) Directory and Sites Create No Agency Relationship. Company is not responsible for, and not an employee or agent of, any Client who may post Client Content to the Directory or the Sites, nor of any Customer who may contact Contractor through the Directory. Company does not perform, and is not responsible for, any of the services requested by a Customer through the Directory or the Sites. Your rights under contracts you enter into with Clients who communicate with you through the Directory or the Sites are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Client who communicates with you through the Directory or the Sites, you must address such dispute with the Client directly.
(f) Company Is Not Responsible for Client Content. Company reserves the right, but not the obligation, to review Client Content. Company does not review any information or data contained in the Client Content for accuracy or completeness, nor is it obligated to do so. Client Content uploaded to the Directory or the Sites will not be screened by Company when uploaded, but shall be subject to factual and editorial review, modification and/or removal in Company’s sole discretion from time to time.
(g) Company Is Not Responsible for Clients’ Use of Directory or Sites. Company does not assess the adequacy of the repairs or services rendered by Contractors, each of which is wholly responsible to each Facility Client with respect thereto. Any complaint concerning the accuracy of information contained or posted in the Client Content or any omission thereon, shall be addressed to Client who posted such information and the Contractor who rendered, or was supposed to supply or perform the services, parts or repairs in question and the Contractor shall have the duty to deal promptly and responsibly with such complaint.
3. OWNERSHIP AND USE OF INFORMATION.
(a) Upon using Company Services, you will be prompted to disclose certain information about yourself, and you will be able to store information on our Sites. Some of this information will be sent to Facilities managers who will need this information to communicate with Contractors or to other persons or entities in connection with our business.
(b) All materials, including but not limited to any computer software (in object code and source code form), data or information, know-how, methodologies, equipment, or processes developed or provided by Company, or used by Company, in connection with or to create or operate the Sites or any part thereof, or provide Services, including without limitation all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively “Company Content”) is and shall remain the sole and exclusive property of Company.
(c) Use of Clients’ Information: Company collects and uses Client business information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand Client needs; to provide a better website, products and services; to communicate with clients and potential clients regarding its or its affiliates’ products and services and other Client or third party products and services. By registering to participate in the Directory, or make any other use of the Sites or Services, Customer consents to receiving communications from Company via email, fax, telephone, mail, or any other delivery method. These communications may include, but not be limited to, information about product or service updates, new features, or information we believe you may find interesting. We may also send you information about other products and services of Company, its affiliates or other Clients, for fees or other compensation and in that connection shall have the right to use a Client’s address, business interest and geographical and business segment data in such marketing effect.
(d) Company reserves the right to compile anonymous aggregated data from Contractor Content solely for the purpose of assessing the operation and organizational effectiveness of the Sites and the non-personal demographic data of Contractors for marketing and/or management purposes.
4. CONTRACTORS & SUPPLIERS
(a) Contractors & Suppliers who regularly do business with Facilities who participate in the Company’s ServiceClick offering through the ServiceChannel platform will be identified by such Facilities as “Listed Contractors/Suppliers.”
(b) Listed Contractors/Suppliers will be able to log into the ServiceChannel platform to receive information about projects for that Facility Client, communicate with Facility Client as to progress toward completion, and report when projects have been completed.
(c) Upon completion, Facility Client will have five (5) days to approve or disapprove the Listed Contractor/Supplier’s completion of the project. If Facility Client does not expressly approve within that period, the completed project will be deemed approved.
(d) The ServiceChannel platform is merely a means of communication between Facility Client and its Listed Contractors/Suppliers. Company is not a party to, or responsible for, any transaction between Facility Client and a Listed Contractor/Supplier.
Links may be provided on the Sites to or from other websites. Company assumes no responsibility of any kind for the content or availability of these website links, or the use thereof. By inserting links to these sites, it is understood that Company does not endorse any such website or its content. Company is not responsible for Terms of Service, or any other governing terms or conditions, of any websites other than the Sites.
6. INDEMNIFICATION BY CUSTOMERS.
YOU HEREBY AGREE TO RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES, CLAIMS, ACTIONS, LIABILITIES, LOSSES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTES CONCERNING YOUR DEALINGS WITH OTHER CLIENTS (a) arising out of any breach by any Client of any duty, representation or warranty under this Agreement; (b) arising from the content or subject matter of any Client listing, link, submission or content of sites to which visitors can link through any Client’s links or listings; or (c) arising out of any dispute between any Contractor and any Facility Client who contracted for services by the Contractor based upon Contractor’s Directory listing.
7. DISCLOSURE BY NECESSITY.
Private information may be disclosed if required by a court order, statute, law, or regulation. Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of the Sites or Services, or the rights of any third party. Information is also subject to disclosure if we believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with our rights or property including the Directory, the Sites, the Services or our Clients.
(a) YOU AGREE THAT YOUR USE OF THE SITES AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN AS-IS, AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, THE SERVICES OR THE DIRECTORY OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITES. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(b) OUR DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER UNDER A CLAIM OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. CLIENT SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.
(c) IN NO EVENT SHALL COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT OWNERS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND ALLEGED TO BE SUFFERED BY A CUSTOMER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT OWNERS OR AFFILIATES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED NOR ARE THE FOREGOING PARTIES LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO COMPANY BY CLIENT UNDER THIS AGREEMENT DURING THE MONTH DURING WHICH THE APPLICABLE CLAIM ACCRUED.
We reserve the right to terminate your account at any time for any reason and without notice. In the event of termination, you are no longer authorized to access the part of the Sites and Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from any Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.