TERMS AND CONDITIONS OF SERVICE
1. Acceptance of Terms and Conditions.
This is an agreement ("Agreement") between you ("Subscriber") and ServeCentral LLC. This
Agreement governs your use of any web site, software, server, or web page ("Service")
operated by ServeCentral LLC (each a "ServeCentral software", "ServeCentral Web Site"
and collectively, the "ServeCentral Web Site and Software Applications").
ServeCentral LLC offers you this Service subject to the following terms and conditions
which may be periodically revised by us without notice to you. You are responsible for
regularly reviewing these terms, conditions and notices, and any additional terms posted
on the www.serve-central.com website. Your continued use of the ServeCentral LLC web site
after the effective date of such changes constitutes your acceptance of and agreement to
such changes.
SERVECENTRAL LLC OFFERS THE SERVE-CENTRAL.COM WEB SITE(S) TO YOU CONDITIONED ON YOUR
ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVE-CENTRAL.COM WEB
SITE(S) AND/OR THE SERVECENTRAL LLC SOFTWARE ENTITLED, "SERVECENTRAL", CONSTITUTES YOUR
ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND
LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR
BUSINESS RELATIONSHIP.
2. Proprietary Rights of ServeCentral LLC
You acknowledge and agree that the ServeCentral software contains proprietary and
confidential information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by ServeCentral LLC,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part. ServeCentral LLC grants you a
personal, non-transferable and non-exclusive right and license to use the software
entitled, "ServeCentral” provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that is
provided by ServeCentral LLC for use in accessing the Service.
3. Description of Services
ServeCentral LLC provides subscribers the ability to create user accounts, upload
documents electronically, and send documents over the internet to users who are
attorneys, paralegals, clerks, process servers, collection companies, mortgage companies,
others involved in the litigation process and related end-users who are involved in
Serving Process and activities relating thereto, including, but not limited to, writ
services, court filings, records retrieval, skip traces searches, private investigations,
courier services, enforcement of judgments, garnishments, court and litigation research,
document reproductions, notary services, bank levies and related activities (in each
case, an “End User”) may locate and select process servers, provide information to assist
involved parties in effecting service of process and may monitor the engaged process
server’s efforts to effect service-of-process. You understand and agree that this
Service is being provided on an on-demand basis and requires acknowledgement of payment
from you in order to complete the Service. You also understand and agree that the Service
may include certain communications from ServeCentral LLC, such as service announcements,
administrative messages and that these communications are considered part of your account
registration and that you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augments or enhances the current
Service, including the release of new ServeCentral LLC properties, shall be subject to
the terms and conditions of Service. You understand and agree that the Service is
provided "AS-IS" and that ServeCentral LLC assumes no responsibility for the timeliness,
deletion, erroneous data or failure to store any user communications or personalization
settings or data. You are responsible for obtaining access to the Service and that access
may involve third party fees (such as internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service. You acknowledge that ServeCentral LLC is not
an attorney or licensed to practice law. ServeCentral LLC does not and may not provide
you or the general public with legal advice or accept fees for legal advice. Refunds:
Your service cancellation of process delivery must be received BEFORE the process server
or any independent contractor accepts the service. No refund will be made for failure to
serve, file, copy, retrieve or prepare because of inadequate instructions, improper
documents supplied, incomplete documents supplied or the availability of any required
party or inadequate or incorrect address. Direct costs incurred, but not limited to
printing, mail, courier, and service charges will be reimbursable by the client
irrespective of Service cancelation after the process server has accepted the work.
Additionally, the service fee paid to ServeCentral shall be paid whether there was a
request for cancellation and such cancellation was accepted as long as a Serve package
was successfully uploaded into ServeCentral and a Serve Request was submitted into
ServeCentral for service.
4. Your Responsibilities for Registration
In consideration of your use of the Service, you represent that you are of legal age to
form a binding contract and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You also agree to:
(1) provide legitimate, true, accurate, current and complete information about yourself
and your company as prompted by the Service registration form (such information being the
"Registration Data") and (2) maintain and promptly update the registration data to keep
it legitimate, true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or ServeCentral LLC has any reasonable
grounds to suspect that such information is illegitimate, untrue, inaccurate, not current
or incomplete, then ServeCentral LLC has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
5. Subscriber Account Information, Password and Security
ServeCentral LLC will provide you with a response e-mail with instructions to validate
your user name and password upon completing the registration process. Upon receipt, you
may edit the password on your account. It is your responsibility to secure such passwords
and account information. You are completely and fully responsible for any and all
activities, including electronic messages that take place under your password or account.
You agree to: (1) immediately notify ServeCentral LLC of any unauthorized use of your
password or account or any other breach of security; and (2) ensure that you exit from
your account at the end of each session. ServeCentral LLC cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5.
6. Payment Terms
The non-exclusive, revocable, personal, non-transferable license to utilize
"ServeCentral" is contingent on upon payment in full of your periodic invoice based upon
the desired level of Service that you have selected. Individual service transactions via
invoicing are the standard communication for payment. Standard terms for payment fees
must be paid by you or your company per the pre-negotiated terms with ServeCentral
LLC. All monthly payments must be submitted, received and cleared by our bank on or
before the due date listed on your invoice. Your account may be subject to a one month
in advance surcharge pending the review of your credit application (and credit
worthiness). This will be determined by ServeCentral LLC on an individual basis. There
are no refunds or pro-rated credit rendered should you decide to discontinue usage of the
software application for work that is out-for-service (i.e. accepted by the process
server or independent contractor). Payment for non-exclusive, revocable, personal, non-
transferable license may be made by money order, check, or some other prearranged payment
method. Payment terms are within the sole and complete discretion of ServeCentral LLC.
Your non-exclusive, revocable, personal, non-transferable license is subject to
cancellation by ServeCentral LLC and at the sole and complete discretion of
ServeCentral LLC.
7. Service and Support
ServeCentral LLC does not provide any type of service to any of your computer hardware.
ServeCentral LLC has no obligation to provide technical support. However we may provide
technical support at our sole and complete discretion. You understand and agree that
ServeCentral LLC is not liable for any mistakes, errors, omissions and or loss of revenue
caused by any misinterpretation, inaccurate or erroneous technical support provided to
you in regards to the usage of ServeCentral and/or any of the ServeCentral LLC web sites
or hardware servers. You also understand and agree that ServeCentral LLC is not
responsible for any loss of your data that is housed, stored and/or maintained on our
hardware server(s).
8. Unlawful / Harmful Use of the www.serve-central.com Web-Site or ServeCentral
Software
The ServeCentral LLC software is intended for your business use and may not be
reproduced, altered, sold, leased or in any way shape or form transferred to a third
party. You will not use the ServeCentral LLC web site(s) or software in any way that is
unlawful, or harms ServeCentral LLC, its resellers, affiliates, service providers,
distributors, and/or suppliers (each, a "ServeCentral LLC Party" and collectively, the
"ServeCentral LLC Parties") or any customer of a ServeCentral LLC Party, as determined by
the sole discretion and complete discretion of ServeCentral LLC. ServeCentral LLC may
tell you about certain specific harmful uses in a code of conduct or other notices
available through the www.serve-central.com website, but has no obligation to do so. You
may not use the ServeCentral Web Site or the ServeCentral software in any way that
breaches any code of conduct, policy or other notice applicable to ServeCentral LLC.
Without limiting the generality of this section, you may not use the ServeCentral
software or any affiliate web sites in any manner that could damage, disable, overburden,
or impair any, or interfere with any other party's use and enjoyment of the ServeCentral
software or affiliate web site(s).
9. Software
Your use of any software associated with ServeCentral LLC is subject to and will be
governed by the terms and conditions of this license agreement. You agree that you and
your employees, sub-contractors, customers will be bound by such license agreement. Once
your user account is approved and activated, ServeCentral LLC grants to you a
non-exclusive, revocable, personal, non-transferable license to use such software solely
in connection with the www.serve-central.com web site(s) and in accordance with this
agreement. Fees must be paid by you or your company per the pre-negotiated terms with
ServeCentral LLC in order for your continued use of the software. ServeCentral LLC may
terminate your ability to utilize the software at any time and for any reason at its'
sole discretion. ServeCentral LLC reserves all rights to such software not expressly
granted to you in this Agreement. Such software is protected by copyright and other
intellectual property laws and treaties. ServeCentral LLC or its suppliers own the title,
copyright, and other intellectual property rights in such software, and such software is
licensed, not sold. You will not disassemble, decompile, or reverse engineer such
software, except and only to the extent that such activity is expressly permitted by
applicable law and written authorization is rendered by ServeCentral LLC.
10. ServeCentral LLC Privacy Policy
Registration data and certain other information about you are subject to our Privacy
Policy. You understand that through your use of the service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the transfer
of this information to the United States and/or other countries for storage, processing,
and use by ServeCentral LLC and its affiliates. Please review our complete privacy policy
for more information.
11. ServeCentral LLC Makes No Warranty
SERVECENTRAL LLC PROVIDES THE SERVECENTRAL SOFTWARE "AS IS", AND "WITH ALL FAULTS" AND
"AS AVAILABLE", AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SERVECENTRAL LLC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. THE SERVECENTRAL LLC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR
CONDITIONS THAT ACCESS TO OR USE OF THE SERVECENTRAL WEBSITE WWW.SERVE-CENTRAL.COM WILL
BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF
THIS AGREEMENT.
12. Not a Referral Service; No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the site is not intended to and does
not constitute legal advice or recommendations under any circumstance and no
attorney-client relationship is formed. ServeCentral LLC does not warrant or guarantee
the accurateness, completeness, adequacy or currency of the information contained in or
linked to the site. Your use of information on the site or materials linked to the site
is entirely at your own risk.
13. Subscriber Conduct
You understand and agree that all information, data, text, software, graphics, electronic
messages or other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such content originated. This means
that you are entirely responsible for all content that you up-load, post, e-mail,
transmitted or otherwise make available via the Service.
ServeCentral LLC does not control the content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such content. You understand that by
using the Service, you may be exposed to content that is offensive, indecent or
objectionable. Under no circumstances will ServeCentral LLC be liable in any way for any
Content, including, but not limited to, for any loss or damage of any kind incurred as a
result of the use of any Content posted, e-mailed, transmitted or otherwise made
available via the Service or any errors or omissions in Content. You agree to not use the
communication center of the Service to: (1) e-mail, post, up-load, transmit or otherwise
make available any content that is unlawful, threatening, abusive, harmful, tortious,
harassing, vulgar, defamatory, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; (2) e-mail, post, up-load,
transmit or otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of
employment relationships, client relationships, independent contractor relationships or
non-disclosure agreements; (3) e-mail post, up-load, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, such as: "pyramid
schemes", "spam"' "chain letters", "junk mail", or any other form of solicitation;
(4) e-mail, post, up-load, transmit or otherwise make available any Content that infringes
any trademark, trade secret, patent, copyright or other proprietary rights ("Rights") of
any party; (5) e-mail post, up-load, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs designed to
destroy, interrupt, or limit the functionality of any telecommunications equipment or
computer software or hardware; (6) disrupt or interfere with the Service or servers or
networks connected to the Service, or disobey any requirements, policies, procedures or
regulations of networks connected to the Service. You understand and agree that
ServeCentral LLC will cooperate with all local, state and federal law enforcement
authorities, and United States courts in disclosing your identity and account information
if it deems appropriate to do so for the purposes of any official investigation and/or
court proceeding.
14. Indemnity
To the fullest extent permitted by law, you agree to indemnify, defend, and hold
ServeCentral LLC, and its subsidiaries, affiliates, officers, agents, parents,
successors, assigns, co-branders or other partners, and employees, harmless from any
claim or demand, cause of action, debt or liabilities, including reasonable attorneys'
fees, expenses and court costs, made by any third party due to or arising out of content
you submit, post, transmit or make available through the service, your use of the
service, your connection to the service, your breach of the terms and conditions as set
forth herein, your omissions, misrepresentation, or negligence, and/or your violation of
any rights of another.
15. Liability Limitation
SERVECENTRAL LLC LIABILITY IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE FEES
PAID BY THE SUBSCRIBER UNDER THIS AGREEMENT. IN NO EVENT SHALL ANY SERVECENTRAL LLC PARTY
BE LIABLE TO SUBSCRIBER OR SUBSCRIBERS' EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR
ASSOCIATES, FOR ANY LOST REVENUES OR PROFITS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT,
ITS' TERMINATION OR SUBSCRIBERS' EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR ASSOCIATES USE
OF THE SERVECENTRAL SOFTWARE OR SERVECENTRAL LLC WEB SITE(S), EVEN IF SUCH
SERVECENTRAL LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION
OF DAMAGES UNDER SECTION 11 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE
EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
(1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF
ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SERVECENTRAL SOFTWARE OR SERVECENTRAL LLC WEB SITE(S),
OR YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY SERVECENTRAL LLC PARTY WITH RESPECT TO THIS AGREEMENT OR THE
SERVECENTRAL SOFTWARE OR SERVECENTRAL LLC WEB SITE(S), THEN YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SERVECENTRAL SOFTWARE AND THE SERVECENTRAL LLC WEB SITE(S).
16. Governing Law - Location for Dispute Resolution
THIS AGREEMENT AND ANY SALES RESULTING FROM IT SHALL BE GOVERNED BY THE LAWS OF THE STATE
OF NEW YORK. YOU AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN SUBSCRIBER AND/OR USER AND SERVECENTRAL LLC,
ITS' AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, AFFILIATES (COLLECTIVELY FOR THE
PURPOSES OF THIS PARAGRAPH, "SERVECENTRAL LLC") ARISING FROM OR RELATING TO THIS
AGREEMENT, ITS' INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE
RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS
AGREEMENT), SERVECENTRAL LLC ADVERTISING, OR ANY RELATED PURCHASE OR SALE SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY A COURT OF JURISDICTION LOCATED WITHIN ONONDAGA COUNTY NEW YORK.
17. Upgrades, Changes, Revisions, Deletions to the ServeCentral Software
ServeCentral LLC may upgrade, change, revise, and/or delete section(s) of the software at
any time at its sole and complete discretion. Should you decide that the upgrades,
changes, revisions and/or deletions are not suitable to your business then you could
discontinue using the Service. You understand and agree that your decision to discontinue
using the Service does not entitle you to any rebates, refunds or pro-rations for monies
already paid for such Service. All monies paid in advance for the Service are
non-refundable. We will vigorously defend any action taken to initiate a charge-back.
18. Viruses or Disabling Features
You understand, acknowledge and agree that ServeCentral LLC is not responsible or liable
for: (1) any viruses or other disabling features that affects your access to or use of the
ServeCentral software and ServeCentral LLC web site(s); (2) Any incompatibility between
the ServeCentral LLC web site(s), servers and other web sites, software, hardware and
servers; (3) any delays or failures you may experience in initiating, conducting or
completing any transmissions or transactions in connection with the ServeCentral software,
ServeCentral LLC websites and/or servers in an accurate or timely manner, or (4) any
damages or costs of any type associated with your use of the services made available from
third parties through links and/or modules on the ServeCentral software and/or the
ServeCentral LLC website(s).
19. Resale Prohibited
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access to the
Service. The subscription is intended for the use of your business and may not be
transferred, sold, loaned or leased to anyone else. Permission is granted to print mapping
directions, affidavits, invoices, field sheets, accounting forms, communication center
advertisements, and e-mails in regards to you or your company business provided you do
not modify the default materials and that you retain all copyright and other proprietary
notices contained in the materials.
20. Termination of Subscription and Access to Stored Data.
ServeCentral LLC may terminate this Agreement, your subscription or suspend your access
to the ServeCentral software at any time, with or without cause, with or without notice,
at its sole and complete discretion. Upon such termination or suspension, your right to
use the ServeCentral software will immediately cease. Upon such termination or suspension,
any information / data you have stored on the ServeCentral LLC server(s) may not be
retrieved at the date of termination or suspension or at a later date. ServeCentral LLC
may purge and/or destroy all of your information / data from its server(s) in the event
of a termination or suspension. In the event that you voluntarily discontinue using the
Service, ServeCentral LLC will only store the information/data on its server(s) for a
period of (30) thirty days from the date of your voluntary separation. All of your
information / data that are on our server(s) after (30) thirty days from your voluntary
separation will be purged and or permanently destroyed.
21. Trademarks, Registered Marks and / or Copyrights
You may not use the "ServeCentral" name for any purpose. You may not use "ServeCentral"
trademarks or service marks, or "ServeCentral" logos or copyrighted works, at any time.
You are prohibited from referring to yourself as an authorized reseller of ServeCentral
implying that you and ServeCentral are partners, creating the impression that ServeCentral
is affiliated with you or has sponsored, authorized, approved or endorsed your business,
or any offer or any marketing, advertising or promotion thereof. You may not register or
use any domain name or business name containing or confusingly similar to any name or mark
of ServeCentral's. You will clearly and prominently identify yourself in all offers and
advertising, marketing and promotional materials relating to this Agreement. The copyright
in all material provided on this site ("Site") is held by ServeCentral LLC or by the
original creator of the material. Except as stated herein, none of the material may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission of
ServeCentral LLC or the copyright owner. Any unauthorized use of any material contained on
this Site may violate trademark laws, copyright laws, the laws of privacy and publicity,
and communications, statutes and regulations.
22. Independent Contractors
No provision of this agreement will or shall be deemed to create a partnership, joint
venture or other combination between ServeCentral LLC and you. You and ServeCentral LLC
are independent contractors. Neither party will make any warranties or representations or
assume any obligations on the other party's behalf. Neither party is, nor will claim to
be a legal representative, franchisee, partner, employee or agent of the other party. Each
party is responsible for the amounts it incurs arising from this agreement and for the
direction and compensation, and is liable for the actions of its employees and
subcontractors.
Process Servers are independent contractors and are responsible for process documentation
printing and delivery of documentation (unless otherwise notified by the Subscriber)
irrespective of where the documentation is printed. ServeCentral makes no warranties or
representations or assume any obligations on the other party's behalf. Neither party is,
nor will claim to be a legal representative, franchisee, partner, employee or agent of
the other party. Each party is responsible for the amounts it incurs arising from this
agreement and for the direction and compensation, and is liable for the actions of its
employees and subcontractors
ServeCentral's third party printing service is an independent contractor that
documentation may be sent to by the Process Server for printing. Responsibility for
document printing is with the third party printing service and ServeCentral makes no
warranties or representations or assume any obligations on the other party's behalf.
Neither party is, nor will claim to be a legal representative, franchisee, partner,
employee or agent of the other party. Each party is responsible for the amounts it incurs
arising from this agreement and for the direction and compensation, and is liable for the
actions of its employees and subcontractors.
23. Links to Other Web Sites
ServeCentral LLC may provide, or third parties on our web site(s) may provide, links to
other World Wide Web sites or resources. You acknowledge and agree that ServeCentral LLC
has no control over such sites and resources. Furthermore, you acknowledge and agree that
ServeCentral LLC is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
You also acknowledge and agree that ServeCentral LLC shall not be responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available on
or through any such site or resource.
Unless a user has a written agreement in effect with ServeCentral LLC which states
otherwise, Users may only provide a hyperlink to ServeCentral’s Websites on another
website, if the User complies with all of the following: (a) the link must be a text-only
link clearly marked either (i) “serve-central.com” or (ii) “www.serve-central.com” or ;
(b) the link must “point” to the URL “http://www.serve-central.com” and not to other page
s within these websites; (c) the link, when activated by a User, must display the
ServeCentral Websites full-screen and not within a frame on the linking website; and
(d) the appearance, position and other aspects of the link must not be such as to damage
or dilute the goodwill associated with ServeCentral and trademarks or create the false
appearance that ServeCentral is associated with or a sponsor of the linking website.
ServeCentral LLC reserves the right to revoke its consent to any link at any time in its
sole discretion.
24. Headings
The section headings used herein are for reference only and do not form a part of these
terms and conditions. No construction or inference shall be derived there from. The
section headings have no legal or contractual effect.
25. Miscellaneous Information
A. Entire Agreement. The terms and conditions set forth herein constitute the entire
agreement between you and ServeCentral LLC and govern your use of the Service, superseding
any prior agreements between you and ServeCentral LLC with respect to the Service. You
also may be subject to additional terms and conditions that may apply when you use or
purchase certain other ServeCentral LLC affiliate services, third-party content or t
hird-party software.
B. Waiver and Severability of Terms. The failure of ServeCentral LLC to exercise or
enforce any right or provision of the terms and conditions shall not constitute a waiver
of such right or provision. If any provision of the terms and conditions is found by a
court of competent jurisdiction to be invalid, then the other provisions of the terms and
conditions remain in full force and effect.
C. Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Service or
the terms and conditions must be filed within (1) one year after such claim or cause of
action arose or it will be forever barred.
© Copyright 2010 SERVECENTRAL. All rights reserved.