Welcome to MyServiceVine, a website that connects you with your friends so you can find, share and recommend great household, personal and professional service providers. MyServiceVine (defined below) is operated by Audrey Helps LLC (named after the founder’s daughter). and its subsidiaries and affiliates ("us," "we" “MyServiceVine” or "Audrey Helps"). By using or accessing MyServiceVine, you agree that you have read, understand and are bound by these Terms of Use ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of MyServiceVine after any such changes constitutes your acceptance of the new Terms.
Account Registration and Security
All users must live in the United States.You may not use the MyServiceVine if you are under 13 years old. If you are between the ages of 13 and 17 years old, we strongly suggest that you seek parental consent to use MyServiceVine. If you are required to register as a sex offender in any jurisdiction, you may not use MyServiceVine.
When you register for and use MyServiceVine, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, let anyone else access your account or share your password. If you have reason to believe that your account is no longer secure, please let us know immediately.
Privacy
We care about the privacy of our users and encourage you to read our Privacy Policy.
Prohibited Conduct
By using or accessing MyServiceVine, you represent, warrant and agree that you will not:
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of MyServiceVine or our site or any software used by MyServiceVine;
do anything that could disable, overburden or impair the proper working of MyServiceVine;
use any robot, spider, scraper or other automated means to access MyServiceVine;
send spam, junk mail, chain letters or any other unauthorized advertisements or solicitations through or using MyServiceVine;
harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of MyServiceVine without consent from such users;
solicit private information (including social security numbers, credit card numbers and passwords) from users of MyServiceVine;
provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
use your profile (as opposed to a Page) for any commercial purpose;
offer any contest, sweepstakes, coupon or other promotion through MyServiceVine without our prior written consent;
impersonate any person or entity;
intimidate or harass any user;
use an iframe or offer web search functionality on MyServiceVine;
infringe the rights of any third party, including without limitation, intellectual property, privacy publicity or contractual rights;
remove any copyright, trademark or other proprietary right notices contained on the site;
do anything that is illegal, fraudulent, malicious or could expose MyServiceVine or MyServiceVine users to harm or liability; or
attempt, encourage or facilitate any of the above.
User Content
By using or accessing MyServiceVine, you represent, warrant and agree that you will not Post:
any Contact Information or private information of any third party;
false, misleading or fraudulent information;
any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
alcohol-related or other mature content on Pages on MyServiceVine that have not set appropriate age based restrictions (based on the country in which the page will be viewable);
User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy); or
User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
MyServiceVine does not pre-screen, review, edit or approve any User Content. MyServiceVine may, in its sole discretion, remove or disable access to any User Content.
"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through MyServiceVine. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through MyServiceVine.
Intellectual Property Complaints
We respect the IP rights of others and we prohibit users from Posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on MyServiceVine infringes your IP rights, please email ip-rights@MyServiceVine.com. If you are a user whose User Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please emailip-rights@MyServiceVine.com. All claims will be handled in accordance with the Digital Millennium Copyright Act.
Mobile
There are features of MyServiceVine that may be accessible via certain mobile carriers (the "Mobile Services"). While we currently do not charge for these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on MyServiceVine to ensure that your messages are not sent to the person that acquires your old number.
Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on MyServiceVine.If you collect, access or use information relating to any user of MyServiceVine (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not MyServiceVine.
Service Charges
You must be authorized to use the credit card, debit card or other payment source ("Card") you provide to purchase services from MyServiceVine. By purchasing services, you authorize Audrey Helps or its designated payment processor to charge the purchase amount (plus any applicable tax) to your Card. By providing your Card account information to MyServiceVine, you authorize us to collect and store it and other related transaction information.
When you subscribe to our services, you agree to be billed in advance for the service term. The service term automatically renews for equal term subject to then current pricing. In addition, we reserve the right to charge for leads generated by our site for your business. We will provide you with sixty (60) days email notice if we plan to start charging for leads. To cancel you subscription please provide us sixty (60) days email notice. If you cancel your subscription, we do not provide a refund. So please cancel in advance of your renewal. Optionally, you can also purchase additional advertising services and these services are billed monthly in arrears. You are free to start and stop these optional services at any time.
Proprietary Rights
Except for User Content all materials, content and trademarks on MyServiceVine are the property of Audrey Helps and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, MyServiceVine, the FACE LOGO, and all related logos, are trademarks of Audrey Helps. Except as expressly authorized by Audrey Helps in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
Licenses
You are solely responsible for the User Content that you Post on or through MyServiceVine. You hereby grant Audrey Helps an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with MyServiceVine or the promotion thereof or (ii) enable a user to Post, including through a link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with MyServiceVine or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
If you own or control a website, you may place MyServiceVine link button, logo and/or text, including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on MyServiceVine. By offering a link on your website to MyServiceVine, you agree, represent and warrant that you will not place a link on any page containing content that would violate these Terms if Posted on MyServiceVine. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all these links from your website.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to MyServiceVine ("Submissions"), are non-confidential and non-proprietary. Audrey Helps will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes and Complaints
You agree not to hold Audrey Helps responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to MyServiceVine. This includes transactions conducted on MyServiceVine as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to MyServiceVine, you release Audrey Helps and its directors, officers, employees and agents (collectively, the "Audrey Helps Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You are solely responsible for your interactions with other users of our site. MyServiceVine reserves the right, but has no obligation, to monitor disputes between you and other users.
If you believe that MyServiceVine or MyServiceVine’s business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of MyServiceVine. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that MyServiceVine is unfair, fraudulent or unlawful with respect to that issue.
Indemnity
You agree to indemnify and hold Audrey Helps Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of MyServiceVine or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. MyServiceVine reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MyServiceVine, and you agree to cooperate with MyServiceVine’s defense of these Claims.
General Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MYSERVICEVINE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYSERVICEVINE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MYSERVICEVINE SITE AT ANY TIME. ADVICE RECEIVED VIA THE MYSERVICEVINE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE DO NOT WARRANT THAT (A) OUR SITE WILL MEET YOUR REQUIREMENTS, (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SITE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU AS A RESULT OF USING OUR SITE WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OR EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATIN OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH OUR SITE OR MYSERVICEVINE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS OR SUPPLIERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR MYSERVICEVINE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
USE OF MYSERVICEVINE IS AT YOUR OWN RISK. MYSERVICEVINE WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH MYSERVICEVINE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYSERVICEVINE, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MYSERVICEVINE, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT MYSERVICEVINE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT MYSERVICEVINE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MYSERVICEVINE IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH MYSERVICEVINE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.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.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE MYSERVICEVINE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF LIABILITY BETWEEN MYSERVICEVINE AND YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AUDREY HELPS OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE MYSERVICEVINE, THE MYSERVICEVINE WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH MYSERVICEVINE, EVEN IF MYSERVICEVINE OR A MYSERVICEVINE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYSERVICEVINE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF AUDREY HELPS ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF MYSERVICEVINE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF MYSERVICEVINE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MYSERVICEVINE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
Termination and Changes to MyServiceVine
We may block, suspend or terminate your account on MyServiceVine, delete your profile and any User Content you have Posted on or through MyServiceVine, and/or prohibit you from using or accessing MyServiceVine (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change or discontinue, temporarily or permanently, any aspect or feature of MyServiceVine at any time without notice. The following sections will survive any termination of your use of MyServiceVine: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to MyServiceVine, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Arbitration
Except as set forth in the paragraph below, you agree that all claims and disputes between you and MyServiceVine that arise out of or relate in any way to the Terms or your use of MyServiceVine will be resolved either by (a) binding arbitration by a single arbitrator in Cook County, Illinois or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Governing Law
These Terms of Use shall be governed by the laws of the State of Illinois without regard to principles of conflict of laws. You agree that all claims and disputes between you and MyServiceVine that arise out of or relate in any way to the Terms or your use of MyServiceVine will be governed by the laws of the State of Illinois (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Cook County, Illinois.
Other
"MyServiceVine" means the features, services and properties that MyServiceVine makes available through (a) http://www.myservicevine.com or any other MyServiceVine-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the MyServiceVine Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from MyServiceVine at the email address you provide in registering for MyServiceVine or otherwise elect in your profile settings page. Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of MyServiceVine.
