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The following describes Servosity’s requirements for using our websites, website services, and software related to, downloadable at, or otherwise accessible in connection with our websites:
Please read the complete agreement that follows:
Welcome to Servosity’s Web site. These Terms of Use govern your use of www.servosity.com (the “Site”), any and all Servosity software downloaded from the Site or obtained elsewhere (the “Software”), and the services made available on the Site or through use of the Software (the “Services”). By using the Services or Software or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use the Services or Software or visit or browse the Site. These Terms of Use constitute a binding legal agreement between you and Servosity, Inc. (“Servosity,” “we,” “us,” and “our”). Please read them carefully before accessing or using the Site or the Services.
We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, including the right to charge for the Software or Services. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, the Services or the Software to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software, and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.
Before you can use certain parts of the Services, you may be required to register as a member through the Site. You must be 18 years of age or older to register as a member and use the Services and Software. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form, or forms (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, the Site, or the Software. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content (as defined below in the section below entitled “CONTENT”) violates the rights of third parties; or (d) protect the rights, property, or personal safety of Servosity, its users, or the public.
The Site, the Software, and the Services may allow you and other third parties to post media, data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information that will be accessible by visitors to and members of the Site (“Public Content”). The Site and Services may also allow you to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information that will be accessible only to you and other members specifically designated by you (“Private Content”); (Public Content and Private Content collectively, “Content”). All Content, whether publicly posted on or privately transmitted via the Site, the Software, or the Services, is the sole responsibility of the person from whom the Content originated and not of Servosity, or its shareholders, directors, officers, or employees. Servosity may review and delete any Content, in whole or in part, that in the sole judgment of Servosity violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Servosity or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Site, the Software, or the Services. It is your responsibility to evaluate the Content available through the Services, the Software, or the Site. Although Content will not be pre screened or reviewed, we reserve the right to refuse or delete any Content. Furthermore, you understand that whether or not your Content is Public Content or Private Content, Servosity does not guarantee any confidentiality with respect to the submission or distribution of any such Content.
SERVOSITY, DR Desktop, DR Server, and other Servosity brands, graphics, logos, page headers, button icons, scripts and service names used on the Site and in connection with the Software and Services are trademarks or trade dress of Servosity. Any trademarks not owned by Servosity that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Servosity. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, is the property of Servosity, Inc, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on an unlimited number of personal computers, mobile phones, mobile entertainment devices, and other compatible devices solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.
When you post or submit Public Content, you hereby grant (or warrant that the owner of the Public Content grants) us and each user of the Site or the Services a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. When you post or submit Private Content, you hereby grant (or warrant that the owner of the Private Content grants) us and each user of the Site or the Services designated by you a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Private Content for any purpose and without acknowledgement to you.
You shall be solely responsible for your own Content and the consequences of posting and publishing them. By posting or providing Content, either Public Content or Private Content, you represent and warrant that posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party and that you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable person to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use. For the avoidance of doubt, you retain all of your ownership rights in your Content, subject to the licenses granted in these Terms of Use.
The Services are for the personal use of members. You agree not to use the Site, the Software, or the Services to:
The Software may contain a feature that allows the Software to automatically update itself to incorporate new versions of the Software. If you interrupt or disable this feature, your copy of the Software may not operate correctly. The Software may contain a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your license to use the Software or your subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if Servosity has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to the Services and data made with or stored using the Software. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
These Terms of Use will remain in full force and effect while you use the Site, the Services, or the Software, unless otherwise terminated as set forth in this section entitled “TERMINATION.” You agree that Servosity, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site, the Software, and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Servosity believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Servosity may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site or, the Services, or the Software may be effected without prior notice, and you acknowledge and agree that Servosity may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site or the Services. Servosity will not return any Content to you, and you agree that Servosity shall not be liable to you or any third party for any modification or termination of your access to the Site or the Services, or for your inability to recover any Content.
Any information submitted on the Site or the Services, or via the Software, is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found www.servosity.com/legal/privacy-policy. Please review our Privacy Policy carefully.
Servosity (and, to the extent applicable, its licensors) owns and shall retain all right, title, and interest in and to any ideas, opinions, comments, or suggestions that you submit to Servosity, its affiliates, its agents, or its representatives in any form or format (including, but not limited to, e mail, telephone, facsimile, regular mail, text messages, and chat room discussions) and in any context in which it is apparent that Servosity may use such ideas, opinion, comments, or suggestions to improve the Site, the Software, or the Services or any other product or service offered by Servosity to its customers.
The Site, the Services (including all Content), and the Software are provided “as is”; Servosity makes no representations or warranties of any kind with respect to the Software, the Services, the Content, the Site, or any contents therein. Servosity assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. SERVOSITY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Servosity does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
The Site, the Services (including all Content), and the Software are provided “as is”; Servosity makes no representations or warranties of any kind with respect to the software, the Services, the Content, the Site, or any contents therein. Servosity assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. SERVOSITY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, AND THE CONTENT OF ANY SITES LINKED TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURRACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, THE SERVICES, THE SITE, OR THE CONTENT, (C) ANY UNATHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SERVOSITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SERVOSITY WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU A THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. In addition, Servosity does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
SERVOSITY AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. SERVOSITY AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SERVOSITY’SS AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
YOU SPECIFICALLY ACKNOWLEDGE THAT SERVOSITY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Servosity from its facilities in the United States. Servosity makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold Servosity and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Software, the Site, the Services, or Content, including without limitation these Terms of Use.
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. SERVOSITY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.
These Terms of Use are governed in all respects by the laws of the State of South Carolina as such laws are applied to agreements entered into and to be performed entirely within South Carolina between South Carolina residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Software, the Products, or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Greenville County, South Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by South Carolina law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, the Software, or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Greenville County, South Carolina.
In the event that you have a dispute with one or more users of the Site or the Services, you release Servosity and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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.”
Servosity respects the intellectual property rights of others, and requires that the people who use the Software, the Site and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
If we receive such a claim, we reserve the right to refuse or delete Content as described under these Terms of Use and to terminate a user’s account.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is
Servosity
209 North Main Street
Suite 400
Greenville, South Carolina 29601
Attn: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days.
Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
You may not export or re-export the Software without (a) the prior written consent of Servosity; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
Servosity’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from Servosity. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Servosity is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and Servosity and supersede all prior agreements between the parties regarding the subject matter contained herein.
Please direct any questions regarding these Terms of Use to: legal (at) servosity.com