Thank you for using Service.com products and services (“Services”). The Services are provided by Service.com LLC. (“Service.com”), by using Service.com Services, you are agreeing to these terms and to follow all Service.com policies made available to you. Please read them carefully. All Home Improvement Projects (“Work”) are performed only by our Independent Contractor Service Professionals (“Service Pros.”)
Using our Services
You agree not to misuse Service.com Services. You agree not to interfere with Service.com Services or try to access them using a method other than the interface and the instructions that Service.com provides. You agree to use Service.com Services only as permitted by law, including applicable export and re-export control laws and regulations. Service.com may suspend or stop providing Service.com Services to you if you do not comply with Service.com terms or policies or if Service.com is investigating suspected misconduct. Using Service.com Services does not give you ownership of any intellectual property rights in Service.com Services or the content you access. You agree to not use content from Service.com Services unless you obtain permission from Service.com or where Service.com is not the owner of the content, from its owner or when otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in Service.com Services. You do not have the right to remove, obscure, or alter any legal notices displayed in or along with Service.com Services. Service.com Services display some content that is not Service.com’s. This content is the sole responsibility of the entity that makes it available. Service.com may review content to determine whether it is illegal or violates Service.com policies, and Service.com may remove or refuse to display content that Service.com reasonably believe violates Service.com policies or the law. But that does not necessarily mean that Service.com reviews all content, so please don’t assume that we do. In connection with your use of the Service.com Services, Service.com and our verified Service Pros may send you service announcements, offers, administrative messages, and other information including but not limited to e-mail, SMS, push-notifications, web and app alerts. You may opt out of some of those communications. SMS messages are used to provide estimates and to schedule your service request. You may switch to receive push notifications instead of SMS by downloading our Android or iOS applications. You understand that consent is not a condition of purchase.
Corporate Social Responsibility
Service.com believes that we can provide a fair marketplace for our Members and positively impact our community. All of our Pros have agreed to provide fair pricing to all Members regardless of situation, age, race or socioeconomic status. If you learn of any issues that you feel might violate this intent – we would like you to communicate to our project managers immediately.
You may need a Service.com Account in order to use some of Service.com Services. You may create your own Service.com Account, or your Service.com Account may be assigned to you by an administrator, such as your employer. If you are using a Service.com Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. You are not permitted to create an account for someone without their prior consent nor are you permitted to install our software on someone’s devices without their prior consent – to do so would be a violation of these terms and is against the law. If you learn of any unauthorized use of our software please notify Service.com by calling 888-805-0010. If you learn of any unauthorized use of your password or account, please change your password immediately and notify Service.com by calling 888-805-0010.
Privacy and Copyright Protection
Service.com’s privacy policies explain how we treat your personal data and protect your privacy when you use Service.com Services. By using Service.com Services, you agree that Service.com can use your data in accordance with Service.com privacy policies http://service.com/privacy/ . Service.com responds to notices of alleged copyright infringement and will terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can call 888-805-0010.
Your Content in our Services
About Software in our Services
When a Service.com Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Service.com Services may let you adjust your automatic update settings. Service.com gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Service.com as part of the Service.com Services in specified countries and or territories. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service.com Services as provided by Service.com, in the manner permitted by these terms. You agree you will not copy, modify, distribute, sell, or lease any part of Service.com Services or included software, and you agree not to reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have written permission from Service.com. Your license shall automatically terminate when you stop using Service.com Services or if Service.com stops or suspends providing its services to you. Open source software is important to Service.com. Some software used in Service.com Services may be offered under an open source license that Service.com will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
Service.com is constantly changing and improving its Services. Service.com may add or remove functionalities or features, and Service.com may at any time suspend or stop a service altogether. You can stop using Service.com Services at any time. Service.com may also stop providing Services to you, or add or create new limits to Service.com Services at any time. You own your data and preserving your access to such data is important. If we discontinue a service, where reasonably possible, Service.com will give you reasonable advance notice and a chance to retrieve your data out of that service.
Service Level Agreement
Our service relies on Amazon Web Services for our infrastructure needs and therefore we have chosen to match their service level for our customers:
Dispute Resolution Process
We take all concerns very seriously and will use reasonable efforts to resolve them. If a dispute between a Member and a Service Pro arises then Service.com will log the dispute and will review all information it has regarding the matter. No payment shall be made to either party until the dispute is resolved. You agree that Service.com is a third-party and not affiliated with the Service Pro. Service.com will use reasonable efforts to help both parties adhere to the terms of the Work defined by both the Member and the Service Pro. If any Work is performed without use of our Services and/or payment is made external to the Service.com then Service.com will not be able to help resolve any disputes as you are not acting as Member and are therefore violating these terms and do not receive any benefits from Service.com. The terms of the Work can include but are not limited to the Quote supplied by the Service Pro, the correspondence in the Service Chat and any promotions. Any signed contracts outside of Service should be considered part of the terms of the Work when uploaded to the Service prior to hiring and/or change orders agreed to in writing by both parties. Any conversations or other interactions not documented on the Service can’t be defined as terms of the Work. Therefore it is advisable that all interactions are documented on the Service. Service.com will help mitigate any disputes by reviewing any claims, the terms of the Work, and may even have another Service Pro who is verified on the Service.com act as a 3rd party to review any Work that is in dispute. Service.com will not be responsible for additional costs required to mitigate any agreed upon settlement – either the Service Pro will agree to a discount or the Member will pay Service Pro in full. A member may hire another Service Pro but the Member is responsible for all costs. Mindful of the high cost of litigation, not only in dollars, but also in time and energy, if a dispute develops between you and the Service Pro, you agree to submit to non-binding mediation to address any controversy or claim and you agree that you will use good faith efforts to resolve the dispute.
You agree that you will not collect Member’s and/or Service Pro’s content or information, or otherwise access Service.com using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
Service.com Warranties and Disclaimers
We provide Service.com Services using a commercially reasonable level of skill and care. But there are certain things that Service.com does not promise about Service.com Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Service.com NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. Service.com PROVIDES THE Service.com SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, Service.com EXCLUDES ALL WARRANTIES BOTH EXPRESSED OR IMPLIED.
Liability for Service.com Services
YOU AGREE THAT Service.com, ITS OFFICERS, EMPLOYEES, AGENTS, Service.com’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Service.com, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID Service.com TO USE THE Service.com SERVICES (OR, IF Service.com CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, Service.com, ITS OFFICERS, EMPLOYEES, AGENTS AND Service.com SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OR INJURY WHETHER OR NOT IT IS REASONABLY FORESEEABLE. NO MATTER WHETHER BASED ON WARRANTY, CONTRACT TORT, OR ANY OTHER THEORY, Service.com, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF Service.com SERVICES, ANY MISTAKES OR OMISSIONS OF YOUR CONTENT OR ANY VIRUS, BUGS, ETC TRANSMITTED OR THROUGH Service.com SERVICES.
Business uses of our Services
If you are using Service.com Services on behalf of a business, by your use on behalf of a business, that business accepts these terms of service set forth herein. You and that business hereby agree to hold harmless and indemnify Service.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of Service.com Services or violation of the terms set forth herein, including but not limited to any liability or expense arising from claims, losses, obligations, damages, suits, judgments, litigation costs and attorneys’ fees. If you are a Service Pro then you agree to the additional set of Terms found here: https://www.service.com/terms-of-service-pro .
About these Terms
Service.com may modify these terms or any additional terms that apply to Service.com Service to, including without limitation, to reflect changes to the law or changes to Service.com Services. You should review the terms regularly. Service.com will post notice of modifications to these terms on this page. Service.com will post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Service.com and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that Service.com may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. You agree that the terms of this service and any rights or licenses granted hereby may not be transferred or assigned by you, but shall be assignable and transferrable by Service.com without restriction. The laws of Michigan, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Oakland, Michigan, USA, and you and Service.com consent to personal jurisdiction in those courts.