ServiceWhale, Inc., a Delaware corporation ("ServiceWhale", "we" or "us"), is the owner and operator of the ServiceWhale Platform (the "Platform"), which is an online platform that is designed and built for the purpose of connecting Service Providers (as defined below) with Service Consumers (as defined below) who are seeking home improvement services ("Services"), including installation and repair of certain equipment manufactured and/or distributed by ServiceWhale’s enterprise partners ("Partners").
The Platform consists of contractor directories hosted on Partners’ websites, Service Provider profiles hosted on the Platform, widgets hosted on Service Provider websites and customer relationship tools.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
In connection with your use of the Platform, ServiceWhale will collect certain Personal Information (as defined below).
By using the Platform you are consenting to our processing of your Personal Information as set forth herein. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States (“U.S.”). If you reside outside of the U.S., your Personal Information will be transferred to the U.S., and processed and stored there pursuant to U.S. privacy standards. By registering for and using Platform you consent to such transfer and processing of your Personal Information.
Personal Information shall include, but not be limited to:
- Information Collected Upon Visiting. When you visit and use of the Platform our servers automatically record information that your browser sends ("Log Data"). This Log Data may include information such as your IP address, location, browser type or the domain, from which you are visiting, the web-pages you visit, the search terms you use, the interactions with the Platform that you perform and links on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time they log on. We use your Log Data to monitor your use of the Platform and for technical administration of the Platform.
- Information Collected Upon Registration or Use of the Platform. When you register for, maintain a profile on and/or use the Platform, you will be asked to submit certain Personal Information, including but not limited to, (i) your first and last name, your street address, email addresses, telephone and mobile numbers if you are either a Service Provider or Service Consumer and (ii) the legal name of the business you are representing, the address of such business, business logo or avatar, your professional credentials and qualifications, the year your business was establishment, links to your personal and/or business website and any photographs you may choose to upload or submit to Platform to be displayed on your Account if you are a Service Provider. In the case of Service Provider Personal Information, ServiceWhale reserves the right to supplement or modify any such information to conform to our editorial policies and/or to add to such submitted information any other information from your website, other materials that you supply to us, or any other publicly available information.
- Transaction Data. We will collect any information you upload or post to or through the Platform, messages you send and receive, the Services you request quotes for, the quotes and orders you submit or receive, your pricing policy, lead and customer details, products you offer and other information relevant to you as a Service Provider offering Services or as a Service Consumer seeking Services.
- Communications. We will collect any information which you provide to us through your communications e.g., when you communicate with our customer support team.
- Survey. From time to time you may be contacted by ServiceWhale or any of its affiliates or partner companies to participate in surveys conducted by or on behalf of us, our affiliates or our partner companies, including but not limited to questionnaires, telephone interviews and/or discussion groups. Any information provided by you in connection with such surveys shall constitute Personal Information.
USE OF PERSONAL INFORMATION
- managing your Account and providing you with customer support;
- performing research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicating with you by e-mail, postal mail, telephone and/or mobile devices or sending newsletters about products or services that may be of interest to you;
- developing and displaying content and advertising tailored to your interests on our site and other sites;
- verifying your eligibility and delivering information and prizes in connection with contests and sweepstakes;
- managing the Platform; and
- marketing to you, and providing you with information about, our products and services, including but not limited to our service, services provided by Service Providers and products provided by our Partners. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications. Notwithstanding the foregoing, ServiceWhale and Partners will always retain the right to contact a Service Provider for any purpose. Furthermore, certain communications are essential to the proper function of the Platform (e.g., a notification to a Service Provider that a Service Consumer sent a message to such Service Provider) and users will not be able to unsubscribe from such communications.
INFORMATION SHARING AND DISCLOSURE
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on Platform. We do not share your Personal Information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your Personal Information shared.
Circumstance under which we may share your Personal Information:
- To Provide Information to Service Providers. We may share your Personal Information with Service Providers registered with the Platform. The information we share is generally includes the Personal Information of the Service Consumer, type of services the Service Consumer may be interested in, when and where the Service should be performed, a description of the Services needed, and other related information.
- To Provide Information to Service Consumers. If you are a Service Provider, we may share your Personal Information with Service Consumers using the Platform. Sharing this information with Service Consumers helps them to assess Service Provider quality and select the Service Provider to perform the service they need done. The information we share is generally the information in your Service Provider profile.
- To Facilitate ServiceWhale's Use of Third-Party Services. We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, credit card payments and database storage and management. We will share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
- To Comply with Laws and Law Enforcement. ServiceWhale cooperates with government and law enforcement bodies to enforce and comply with the law. We may disclose any information about you to government or law enforcement bodies if, in our sole discretion, we believe such action to be necessary or appropriate in order to (i) respond to claims, legal processes (including subpoenas), (ii) protect the property and rights of ServiceWhale or a third party, (iii) ensure the safety of the public or any person, (iv) prevent or stop any illegal, unethical, or legally actionable activity, (v) or to comply with the law.
YOUR RIGHTS AND CHOICES
- Account Information. You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Platform. You may update, correct, or delete your profile information and preferences at any time by accessing your account settings page on the Platform. If you are not a registered user of the Platform, if you wish to access or amend any other Personal Information we hold about you, or if you would like to request that we delete any information about you that we have obtained, you may contact us at firstname.lastname@example.org. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, to the extent permitted under applicable law.
- Opt-Out. If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email email@example.com. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Platform. Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period, unless we are required by applicable law to process your request within a shorter period of time. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
- Privacy Settings. Although we may allow you to adjust your privacy settings to limit access to certain Personal Information, please be aware that no security measures are perfect or impenetrable. To the fullest extent permitted under applicable law, we are not responsible for circumvention of any privacy settings or security measures on the Platform. Additionally, we cannot control the actions of others with whom you may choose to share your information. Further, even after information posted on the Platform is removed, caching and archiving services may have saved that information, and others, including third parties, may have copied or stored the information available on the Platform. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Platform will not be viewed by unauthorized persons.
- Do Not Track. Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our website does not currently respond to such signals.
- Other Rights. If you are a California resident, please review the additional notice below for more information regarding your rights under California law.
CALIFORNIA RESIDENT PRIVACY NOTICE
Use of Personal Information. We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:
- Platform: Making our Platform available for use.
- Communicating: Communicating with you, providing you with updates and other information relating to our services, providing information that you request, responding to comments and questions, and otherwise providing customer support.
- Connecting Third Party Services: Facilitating the connection of third party services or applications.
- Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you.
- Personalization: Personalizing your experience on our services such as presenting tailored content.
- Sending Messages: Sending you text messages or push notifications.
- Facilitating Payments: Facilitating transactions and payments.
- Deidentification and Aggregation: De-identifying and aggregating information collected through the Platform and using it for any lawful purpose.
- Safety Issues: Responding to trust and safety issues that may arise.
- Compliance: For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
- Auditing Interactions: Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Fraud and Incident Prevention: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging: Debugging to identify and repair errors that impair existing intended functionality.
- Transient Use: Short-term, transient use.
- Contracting Partners: Contracting with service providers to perform services on our behalf or on their behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
- Research: Undertaking internal research for technological development and demonstration.
- Platform Improvement: Undertaking activities to verify or maintain the quality or safety of the Platform, and to improve, upgrade, or enhance our services.
- Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction.
- Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.
- Collection of Personal Information. In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources: your devices, other users of the Platform, affiliates, government entities, consumer data resellers, Partners, publicly accessible sources.
- Disclosure of Personal Information. We share your Personal Information with the following categories of third parties: Users, Partners, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, consumer data resellers, affiliates, vendors and service providers, third parties integrated into our Platform, third parties as required by law and similar disclosures, third parties in connection with a merger, sale, or asset transfer and other third parties for whom we have obtained your permission to disclose your Personal Information.
Your California Privacy Rights. If you are a California resident, you may exercise the following rights.
- Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months.
- Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.
- Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please provide us with your current name, email address, and phone number in your request and we will reach out to you to obtain additional information, if necessary.
- Right to Opt Out. In some circumstances, you may opt out of the sale of your Personal Information.
- Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.
- Shine the Light. You may request information once per calendar year about our disclosures of certain categories of Personal Information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing using the How to Contact Us section below.
- Submit Requests. To exercise your rights under the CCPA, please submit a request via email at firstname.lastname@example.org.
- Authorizing an Agent. To authorize an agent to make a request to know, delete, or opt out on your behalf, please send a written authorization signed by you and the authorized agent to email@example.com.
- Use of Personal Information. We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:
CREDIT CARD INFORMATION
We collect credit card information from our users only using secure and encrypted communication channels based on SSL technology. To ensure security of credit card information collected from our users, we do NOT store such information (or any parts thereof) on any of our computers or servers, including servers that we lease from hosting providers. In order to accept credit cards, we use Stripe.com payment gateway, a PCI Level 1 certified provider, which is the most stringent level of security certification available for payment gateways. In accordance with Stripe.com requirements, we only use secure and encrypted communication channels when transferring any credit card information to Stripe.com servers. See https://stripe.com/help/security for more information.
ServiceWhale is very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Platform your information will travel through networks and other third party infrastructures which are not under our control.
LINKS TO OTHER WEBSITES
- PERSONAL INFORMATION
ACCESS TO PLATFORM AND GENERAL ELIGIBILITY
GENERAL ELIGIBILITY RULES
As a Service Provider, by requesting to use and registering for the Platform, you represent and warrant that you have never been convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. Additionally, you represent and warrant that no employee of your company (business) who will be visiting homes of Service Consumers you connect with on the Platform, has ever been convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize ServiceWhale to verify your representations and warranties herein, and you acknowledge that ServiceWhale reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. Should you or your company (business) no longer comply with provisions of this Section F in the future, you agree that you will discontinue using the Website and terminate your membership immediately.
To register for the Platform you will need to create a password-protected account profile ("Account" or "Profile"). To create a Profile, you must submit certain Personal Information during the registration process and create a password. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your ServiceWhale password and, if applicable, your ThirdParty Site Password (collectively, "Passwords") at all times and should keep your Passwords secure at all times. You should not allow other persons access to and/or the use of your Account and you are solely responsible for all activity that occurs on your Account. You should notify ServiceWhale immediately of any breach of security or any unauthorized use of your Account. Similarly, you may never use another user's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of Platform. You hereby acknowledge and agree that ServiceWhale will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of ServiceWhale or others due to such unauthorized use.
You acknowledge and agree that you should comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Platform in any medium without ServiceWhale's prior written authorization.
- You will not alter or modify any part of Platform other than as may be reasonably necessary to use Platform for its intended purpose.
- You will provide accurate and complete information when creating your Account.
- You should not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access Platform for any purpose without ServiceWhale's prior written approval.
- You should not in any manual or automated manner collect Service Providers or Service Consumers information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third-party site.
- You should not use Platform in any way that transmits more request messages to the ServiceWhale servers, or any server of a ServiceWhale subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. ServiceWhale reserves the right to revoke these exceptions either generally or in specific cases.
- You should not take any action that (i) unreasonably encumbers or, in our sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of Platform or any third-party participation in Platform; or (iii) bypasses our measures that are used to prevent or restrict access to Platform.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from Platform, nor to use the communication systems provided by Platform for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced eligibility criteria or Account Policies, please immediately delete your Account and discontinue your use of Platform.
- ACCESS LICENSE
CONTENT SUBMITTED BY USERS
SERVICE PROVIDER PROFILES MUST BE ACCURATE.
SERVICE PROVIDER PROFILES MUST MEET SERVICEWHALE CRITERIA.
If a Service Provider violates any of the above-referenced rules in connection with its Profile or use of Platform, ServiceWhale, in its sole discretion, may take any or more of the following actions: (a) limit the Service Provider's Account privileges; (b) delete the Service Provider's Account; and/or (c) discontinue Service Provider's use of Platform.
RESTRICTIONS ON SUBMITTED CONTENT
You should not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform or the posting of any opinions or reviews in connection with the Platform, the Services, the Service Providers, or the Service Consumers (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content") that:
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage ServiceWhale or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant ServiceWhale all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a ServiceWhale employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for Platform (as determined by ServiceWhale in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm ServiceWhale, or the interests or property of ServiceWhale users;
- is non-local or irrelevant content;
- contains identical content to other open postings you have already posted; or uses any form of automated device or computer program that enables the submission of postings without the express written consent of ServiceWhale.
ServiceWhale may now or in the future permit publishing of your Profile. You agree that any content provided by you for which you authorize to be searchable by other user of Platform is provided on a non-proprietary and non-confidential basis. You agree that ServiceWhale should be free to use or disseminate such freely searchable content on an unrestricted basis.
YOUR REPRESENTATIONS AND WARRANTIES
YOUR OWNERSHIP RIGHTS AND LICENSE TO SERVICEWHALE
You retain all of your ownership rights in you’re the Submitted Content. However, by submitting any Submitted Content through the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to ServiceWhale a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use all the Submitted Content in connection with the Platform and ServiceWhale's (and its successor's) business operations.
Additionally, by submitting Submitted Content through the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to ServiceWhale a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with Platform and ServiceWhale's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of Platform, and any derivative works thereof, in any media formats and through any media channels.
You acknowledge and understand that the technical processing and transmission of Submitted Content to the Platform may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
SERVICEWHALE'S DISCLAIMERS AND RIGHT TO REMOVE
You acknowledge and understand that when using Platform, you will be exposed to Submitted Content from a variety of sources, and that ServiceWhale is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ServiceWhale with respect thereto, and agree to indemnify and hold ServiceWhale, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of and access to Platform.
- SERVICE PROVIDER PROFILES MUST BE ACCURATE.
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") and other federal and state laws, ServiceWhale has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit ServiceWhale to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit ServiceWhale to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice".
Any communications regarding this matter should be directed to ServiceWhale customer service via e-mail at firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. ServiceWhale will remove any infringing material, subject to the procedures outlined in the DMCA. Notwithstanding ServiceWhale's instructions above, you are solely responsible for ensuring that any Notice you provide to ServiceWhale complies with the provisions of the DMCA.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
VERIFICATION OF SERVICE PROVIDERS
ServiceWhale, voluntarily and at its sole discretion, may use a variety of tools in an effort to make Platform as safe as possible for Service Providers and Service Consumers. Among these tools may be searches in sex offender databases; name, address and social security number verifications, credit report verifications and criminal background checks, all using third-party verification tools and services.
Do not register as a Service Provider on ServiceWhale if you do not authorize ServiceWhale to run the foregoing verifications and background checks on you.
By registering as a Service Provider for Platform, you do hereby consent to allow ServiceWhale to perform the verifications using information you provide, and you understand that ServiceWhale may review the information provided by a third-party verification service and that ServiceWhale, after reviewing the results, may take whatever actions it deems necessary with respect to your Account.
Furthermore, if you are registering as a Service Provider, then pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice ServiceWhale notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you decide to use or access information provided by a third-party verification service offered through the Website, you warrant that you will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through Platform with any other party (either through Platform or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold ServiceWhale harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. ServiceWhale does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
You hereby authorize ServiceWhale to verify your representations and warranties herein, and you acknowledge that ServiceWhale reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless ServiceWhale from any loss or liability that may result from such verifications.
In addition, you do hereby represent, understand and expressly agree that ServiceWhale offers the third-party verification services as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services and/or the information provided by the third-party verification services. ServiceWhale retains the right to terminate your ServiceWhale membership based on the information provided by third party verification services.
If you are registering as a Service Provider, then pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice ServiceWhale, Inc. notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you decide to use or access information provided by a third-party verification service offered through the Website, you warrant that you will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Website with any other party (either through this Website or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold ServiceWhale harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. ServiceWhale does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
AGREEMENTS AND DISTPUTES BETWEEN USERS
SERVICEWHALE IS NOT A PARTY TO ANY AGREEMENT BETWEEN USERS.
EACH USER HEREBY ACKNOWLEDGES AND AGREES THAT SERVICEWHALE IS NOT A PARTY TO ANY ARRANGEMENT, AGREEMENT OR UNDERSTANDING, WHETHER VERBAL OR WRITTEN, REGARDING ANY PROVISION OF SERVICES BY A SERVICE PROVIDER TO A SERVICE CONSUMER. AS SUCH, SERVICEWHALE IS NOT SUBJECT TO ANY LIABILITY ARISING OUT OF ANY SUCH ARRANGMENT, AGREEMENT OR UNDERSTANDING BETWEEN OR AMONG USERS.
NO AGENCY OR PARTNERSHIP
DISPUTES BETWEEN USERS
Your interactions with other users of Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such other user. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any transaction with any Platform user or any third party.
You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service Consumer or use any information contained in Platform is your personal decision for which you alone are responsible. You understand that ServiceWhale does not and cannot make representations as to the suitability of any user you may decide to interact with on or through Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any user.
It is the sole obligation of the Service Consumer to verify that any particular Service Provider holds all required licenses, certificates, insurance, bonds and other items required to deliver a particular Service in the jurisdiction where such Service will be delivered.
YOU HEREBY AGREE THAT SERVICEWHALE SHOULD NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY TRANSACTION OR DEALINGS BETWEEN YOU AND ANY OTHER USER OF PLATFORM OR ANY THIRD PARTY. IF THERE IS A DISPUTE BETWEEN YOU AND ANOTHER USER OF PLATFORM OR A THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT SERVICEWHALE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE OTHER USERS OR ANY THIRD PARTY YOU HEREBY RELEASE SERVICEWHALE, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
ADVERTISEMENTS OF WEBSITE
Aspects of Platform may be supported by advertising revenue. As such, ServiceWhale may display advertisements and promotions through Platform. The manner, mode and extent of advertising through Platform are subject to change and the appearance of advertisements on Platform does not necessarily imply endorsement by ServiceWhale of any advertised products or services. You agree that ServiceWhale should not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers through Platform.
THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS
YOU AGREE THAT YOUR USE OF PLATFORM SHOULD BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICEWHALE AND ITS SHAREHOLDERS, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH PLATFORM, THE SERVICES OFFERED BY SERVICE PROVIDERS ON OR THROUGH PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SERVICEWHALE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PLATFORM. SERVICEWHALE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY SERVICE PROVIDER OR THIRD PARTY THROUGH PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. SERVICEWHALE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING OTHER USERS AND THIRD PARTIES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
IN NO EVENT SHOULD SERVICEWHALE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF PLATFORM (II) ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS THROUGH PLATFORM, (III) AGREEMENTS FORMED OR ARRANGMENTS MADE THROUGH PLATFORM OR OUTSIDE OF PLATFORM, (IV) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT; (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PLATFORM BY ANY USER OR A THIRD PARTY; (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PLATFORM; (VIII) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT; (IX) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION IN CONNACTION WITH A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF PLATFORM; (X) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY; OR (XI) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SERVICEWHALE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHOULD APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHOULD THE TOTAL, AGGREGATE LIABILITY OF SERVICEWHALE, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SERVICEWHALE BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT SERVICEWHALE SHOULD NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SERVICEWHALE SHOULD NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNTIFICATION AND RELEASE
IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE SERVICEWHALE (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF PLATFORM, ANY SUBMITTED CONTENT, AND/OR SERVICES.
INTELLECTUAL PROPERTY RIGHTS
LICENSES TO DATA AND MARKS
The content on Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by ServiceWhale, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on Platform are the property of their respective owners.
Data on Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ServiceWhale reserves all rights not expressly granted in and to Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of Platform or the Data therein.
SERVICEWHALE'S LICENSE TO YOU FOR DATA AND MARKS
If you send or transmit any communications, comments, questions, suggestions, or related materials to ServiceWhale, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ServiceWhale is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that ServiceWhale is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
- LICENSES TO DATA AND MARKS
MODIFICATIONS AND TERMINATIONS
MODIFICATION OR DISCONTINUATION OF WEBSITE
ServiceWhale reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Platform (or any part thereof), including, but not limited to, any fees now or hereafter charged to Service Providers for the use of Platform, with or without notice and in its sole discretion. You agree that ServiceWhale should not be liable to you or to any third party for any modification, suspension or discontinuance of Platform.
ACCOUNT TERMINATION BY SERVICEWHALE
ACCOUNT TERMINATION BY YOU
You may delete your Platform Account with or without cause at any time by sending us an email to email@example.com requesting that your Account is deleted.
EFFECTS OF TERMINATION
Upon termination of your Account, your right to have access or use Platform will automatically terminate. In the event of termination of your Account, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the ServiceWhale system.
Unless ServiceWhale has previously canceled or terminated your use of or access to Platform (in which case subsequent notice by ServiceWhale should not be required), if you provided a valid email address during registration, ServiceWhale will notify you via email of any such termination or cancellation, which should be effective immediately upon ServiceWhale's delivery of such notice.
Upon termination of your Account, the following should occur: all licenses granted to you hereunder will immediately terminate; and you should promptly destroy all copies of ServiceWhale Data, Marks and other content in your possession or control. You further acknowledge and agree that ServiceWhale should not be liable to you or any third-party for any termination of your use of or access to Platform. Upon termination of your Account, ServiceWhale retains the right to use any data collected from your use of or access to Platform for internal analysis and archival purposes, and all related licenses you have granted ServiceWhale hereunder should remain in effect for the foregoing purpose. In no event is ServiceWhale obligated to return any Submitted Content to you.
You agree to indemnify and hold ServiceWhale, and its shareholders, officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third-party due to or arising out of the termination of your Account.
Section E, paragraphs 5, 6 and 7, Sections F through N should survive the deletion of your Profile and Account and the termination of your access to Platform.
- MODIFICATION OR DISCONTINUATION OF WEBSITE
NO THIRD-PARTY BENEFICIARIES
STATUTE OF LIMITATIONS
You agree that despite any law to the contrary, any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.