Terms of Service
Revised: November 2020
Sagax Media LLC (d.b.a Service Direct), a Texas limited liability company and its affiliates (“Service Direct,” “we,” “us” or “our”) operates and maintains this website and the associated domains thereof (including any content, functionality and services offered on or through the foregoing, the “Website”) on behalf of the service provider featured on the Website and/or service providers offering such service provider’s products or services through such Website (each of the foregoing, a “Provider”) in connection with certain services we provide to Provider to market its products and/or services (such products and/or services, “ProviderServices”). These Website Terms of Service (“Terms of Service”) are entered into by and between you and Service Direct and govern your use of the Website.
1. Acceptance of Terms of Service
1.1 Access and Use as Acceptance
1.2 Age Restrictions
The Website is intended for use only by users who are at least 13 years of age or otherwise of legal age to form a binding contract with Service Direct. If you are not of an appropriate age, you must not access or use the Website.
1.3 Binding Arbitration
THE TERMS OF SERVICE REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF SERVICE, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
2. Changes to Terms of Service
We may change, modify, supplement or update the Terms of Service from time to time in our sole discretion without advance notice. Any such changed, modified, supplemented or updated Terms of Service are effective immediately when we post them, and apply to all access to and use of the Website thereafter. You are encouraged and expected to check this page to review these Terms of Service periodically for changes, modifications, supplementations and updates as they are binding on you if you continue to use the Website after such changes are posted.
3. Access and Security
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and we reserve the right to change the access configuration of the Website at any time without prior notice.
4. Intellectual Property and Proprietary Rights
The Website (including without limitation all messages, information, data, software, text, displays, images and designs thereof or other content (“Materials”)) is owned by Service Direct, its licensors or other providers of such material and are protected by United States and international intellectual property and proprietary rights laws and treaties, including patent, copyright, trade secret, trademark laws.
4.2 Limited License
Subject to your full compliance with these Terms of Service (including Sections 4.3 and 5), we hereby grant you a limited, nonexclusive, nontransferable, nonsublicensable, and revocable license to access and make personal (non-commercial) use of the Website. Additionally, you may download information from the Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice contained in the information.
4.3 License Restrictions
Except as explicitly set forth herein, you may not download (other than automatic page caching and temporary RAM copies incidental to your accessing and viewing the Website), modify, publicly display ,download, store or transmit the Website or any portion of, or materials on, it. For the avoidance of doubt, you may not reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit the Website for any commercial purpose.
4.4 Attribution and Ownership
Service Direct’s and Provider’s names, logos, designs and slogans are the trademarks and service marks of Service Direct and Provider, as applicable, or their affiliates or licensors. You must not use such marks without the permission of Service Direct or Provider, as applicable. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. Except as otherwise expressly stated, all Materials appearing on the Website are the copyrighted work of Service Direct, Provider, or their users or third party content suppliers and are protected by U.S. and international copyright laws and treaties.
5. Prohibited Uses, Access and Interference
5.1 Prohibited Access and Interference. You shall not:
- Use the Website in any manner that could damage, disable, overburden, or impair any server or the Website, or the network(s) connected to any server or the Website.
- Attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means.
- Attempt to access systems, data or information not intended by Service Direct to be made accessible to a user.
- Use the Website to obtain or attempt to obtain any materials or information through any means not intentionally made available by Service Direct.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems.
- Use any robot, spider, scraper, crawler, robot or other automated or manual means to access the Website, or copy any content or information on the Website.
- Otherwise attempt to interfere with the proper working of the Website.
5.2 Other Prohibited Activities. You must not:
- Use the Website for any unlawful, unauthorized, fraudulent, illegal or malicious purpose.
- Upload or transmit any Material that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy, publicity, confidentiality or intellectual property rights;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Service Direct or Provider representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements), including without limitation, any resume or transcript of another individual who has not expressly authorized you to do so.
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
- Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise.
- Upload files that contain or otherwise introduce viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.
- Delete or revise any Material posted by any other person or entity unless such Material is incorrect and you are permitted to delete or revise it.
- Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website.
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so.
- Use the Website to harvest or otherwise collect information about others, including without limitation e-mail addresses.
6. TCPA Consent & Privacy
Notwithstanding any current or prior election to opt in or opt out of receiving automated telephone calls, SMS messages or other messaging from Service Direct, our agents, representatives, affiliates, anyone calling on our behalf or the Provider regarding the Website or Provider Services, you expressly consent to be contacted by Service Direct, our agents, representatives, affiliates, anyone calling on our behalf or the Provider for any and all purposes arising out of or relating to the Website or Provider Services, at any telephone number you provide, or physical or electronic address you provide or at which you may be reached. You agree Service Direct or the Provider may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS messages (including text messages). You consent to receive SMS messages (including text messages), calls, messages (including prerecorded and artificial voice and autodialed) or other messaging from Service Direct, our agents, representatives, affiliates, anyone calling on our behalf or the Provider at the specific number(s) you have provided to Service Direct, or numbers Service Direct can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about the Website or Provider Services. You certify, warrant and represent that the telephone numbers that you have provided to Service Direct are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to Service Direct. You agree to promptly alert Service Direct whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that Service Direct and/or the Provider may contact you by e-mail, using any email address you have provided to Service Direct or that you provide to Service Direct in the future. Service Direct may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
7. Right to Monitor
Service Direct neither actively monitors general use of the Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through the Website. However, Service Direct does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Service Direct’s sole discretion, may be illegal, may subject Service Direct to liability, may violate these Terms of Service, or are, in the sole discretion of Service Direct, inconsistent with Service Direct’s purpose for the Website.
8. No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Materials included in the Website is provided by Provider, users or third party content providers, Service Direct has no editorial control or responsibility over such Materials. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Website are those of Provider or such users or third party suppliers. Service Direct does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by Provider or any user or third party, or represent or warrant that your use of the Materials displayed on the Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Service Direct.
9. Links to Third Party Websites
The Website may contain hyperlinks to other sites owned and operated by parties other than Service Direct. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. If the Website provides hyperlinks to other websites that are not owned, operated or maintained by Service Direct, you acknowledge and agree that Service Direct is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific their own terms of service and privacy policies that you should review. Service Direct is under no obligation to maintain any link on the Website and may remove a link at any time in its sole discretion for any reason whatsoever. Service Direct shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Service Direct is not responsible for the privacy practices of any other websites.
11. Changes to Website
We may update the Website (including any Materials) from time to time; however and we are under no obligation to update the Website or any Materials.
12. No Guarantees or Endorsements; Disputes Between or Among Users
Service Direct does not guarantee that your service or product needs will be matched with a Provider or that there are Providers in your area who are able or willing to complete your needs. Service Direct makes no representations or guarantees regarding the skills, quality or pricing of any Providers. Service Direct does not endorse or recommend any particular Provider and it is entirely your decision whether to enter into an agreement with a Providers. Service Direct does not warrant Provider performance or guarantee the outcome or quality of the service performed or product acquired. Your rights under the contracts you enter into with the Providers are governed by the terms of such contracts and by applicable laws. Service Direct is not a party to any agreements between or among users, Providers, or third parties. Should you have a dispute with any Provider, you must address such dispute with the Provider directly. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service or any user’s or Provider’s use of any part of the Website, including but not limited to any scheduling or other Provider Services. Neither Service Direct nor any Provider or users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. You and Provider are required by the Terms of Service to provide accurate information, and although Service Direct may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Service Direct services they are using or any involvement by Service Direct personnel in providing or scheduling those services.
Any reference on the Website to a user being licensed or credentialed in some manner, or “best of,” “top,” “background checked” (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Service Direct and is not verification of their identity and whether they or their Provider Service is licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Service Direct has no responsibility for any damage or harm resulting from for your interactions with other users.
By using the Website, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Service Direct with respect to such actions or omissions
Service Direct does not review or verify the information or representations set forth by a Provider in its profiles and bids. Service Direct does not make any representations or warranties that the Provider is appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at any time. Service Direct does not represent or warrant that information received from state or other government agencies or from third-party sources is accurate, error free or up to date.
The Materials and other information contained on the Website have been prepared by Service Direct as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Service Direct has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Materials or other information contained in or linked to the Website or any other website maintained by Service Direct. Users relying on the Materials or other information from the Website do so at their own risk. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND SATISFACTORY QUALITY. SERVICE DIRECT MAKES NO WARRANTY THAT THE WEBSITE IS ACCURATE; YOUR USE THEREOF WILL BE TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED; OR THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
14. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT SERVICE DIRECT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SERVICE DIRECT HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN NO EVENT SHALL SERVICE DIRECT’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSEITE OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO SERVICE FOR ACCESS TO THE WEBSITE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Any notices to you from Service Direct regarding the Website or these Terms of Service will be posted on the Website or made by e-mail or regular mail.
16. Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
17. Binding Arbitration and Class Action Waiver
ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, you and Service Direct may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 17.
If Service Direct implements any material change to this Section 17, such change shall not apply to any claim for which you provided written notice to Service Direct before the implementation of the change.
18. General Provisions
18.1 Entire Agreement
18.2 Governing Law; Jurisdiction; Venue
The Terms of Service are governed by the laws of the State of Texas, USA and controlling United States Federal law without regard to any conflicts of law provisions.
18.3 Severability of Provisions
All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
18.4 No Agency Relationship
Neither these Terms of Service, nor materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.