GENERAL WEBSITE USER AND ATTENDEE TERMS & CONDITIONS
Last Updated: February 12, 2025
PLEASE CAREFULLY REVIEW THE BELOW. THESE TERMS AND CONDITIONS LIMIT
CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE
RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS
OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS
PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND
FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SERVICEPLUS WOULD HAVE IN COURT
ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THESE TERMS AND CONDITIONS
ALSO GOVERN THE RIGHTS OF SERVICEPLUS AND ITS AGENTS AND EMPLOYEES TO CALL,
TEXT MESSAGE, AND EMAIL ON BEHALF OF SERVICEPLUS AND SERVICEPLUS' ADVERTISERS
(See Section 2).
Welcome to www.serviceplusauto.com (the “Website”), operating as
ServicePlus, a Pennsylvania limited liability company,
( "ServicePlus", “we”, “our”, or “us”). The terms
“you”, “your” and “yours” when used herein refers to either you of
this website, as applicable from the context of the sentence, and in
the case of doubt refers to both Attendees and You. This Agreement
sets forth the terms and conditions which govern your use of the
Website and your attendance at each Event.
1. THIS AGREEMENT.
1.1 Acceptance. Please read this
Agreement carefully before otherwise accessing the Website. In order
to use the Website, you must first agree to the provisions of this
Agreement. By accessing any web page of the Website (other than this
Agreement), You indicate that they have read and agree to be bound
by the terms and conditions set forth in this Agreement. By signing
up for any service offered, you represent and warrant that you are
at least eighteen (18) years of age and not a minor in your state of
residence, and that, if you are executing this Agreement on behalf
of an entity or any other person, you have been duly authorized to
so act by such entity or such person. Please keep in mind that you
are not authorized to use the Website if (a) you are not of legal
age or otherwise do not have the legal capacity to form a binding
contract with ServicePlus, or (b) you are a person barred from using the
Website either (i) under the laws of the jurisdiction in which you
reside or otherwise from which you are attempting to access the
Website, or (ii) due to prior violations of this Agreement. If you
do not agree to be bound by this Agreement, you are not authorized
to use the Website. If we ask Attendees to indicate their
acknowledgement of this Agreement and their adherence to its
provisions more than one time and in more than one manner, such
repeated request and/or multiple execution of this Agreement is
intended for the sake of good practice only and in no way derogates
from the validity of any prior acknowledgement or execution.
1.2 Modification. We reserve the right to modify this Agreement at
any time. You agree to review this Agreement periodically to be
aware of all such modifications. We will indicate that changes to
this Agreement have been made by updating the date indicated after
“Last Updated” at the beginning of this Agreement. You agree that
your continued use of the Website after a modified version of this
Agreement has been posted to the Website shall be deemed to be your
conclusive acceptance of any modified version of this Agreement. If
you do not agree to abide by the initial version and each modified
version of this Agreement, you are not authorized to use the
Website. A current version of this Agreement is accessible via the
footer of the Website’s homepage.
2. SMS Text Messages;
Robo Calls; Email Blasts; Other Contacts. By entering my information
and clicking “GET YOUR FREE QUOTE,” “CHECKOUT,” “ENOLL NOW,”
“SUBMIT,” "PROCEED," or "NEXT", or other similar
language, you provide your electronic signature: (1) providing your
prior express written consent that you have fully read and agree to
the Terms and Conditions and Privacy Policy of ServicePlus, which includes a Consent to Arbitrate and a Class Action
Waiver. (2) providing your prior express written consent to be
contacted by ServicePlus in order to receive price
quotes. You understand that included in your consent is your
agreement authorizing ServicePlus and their Marketing Partners to
contact you via email or at the telephone number provided, including
your wireless number, using automated technologies, including texts
and prerecorded messages, even if it is registered on a federal,
state, or corporate Do Not Call list. You understand that consent is
not a condition of purchase or receipt of services. If your area is
not covered, you agree that your information may be referred to an
alternate provider. If you do not want to receive automated calls or
text messages, then you can call 1-888-426-9991 to request a quote
or product information.
2.1 Opt Out. Being removed or opting out from any of the marketing
lists for ServicePlus , including, but not limited to,
pre-recorded messages, SMS, emails or any form of communication from
ServicePlus may take up to seven (7) business days to
go into effect from the date of the request.
3.
COMMERCIAL TRANSACTIONS.
3.1 Purchases. Certain of our
products or services may be offered for sale by us through the
Website, by phone by our representatives, or otherwise by us. In the
event you wish to purchase any of these products or services, you
will be asked by ServicePlus or an authorized third party on ServicePlus’ behalf
to supply certain of your personally identifiable information
(“PII”), including without limitation, your full name, address,
telephone number and credit card information. You shall provide ServicePlus
and/or such third party with your accurate, complete and current PII
and other information at all times, and you shall comply with the
terms and conditions of any additional agreement that you may enter
into which governs your purchase of any such product or service. You
shall be responsible for all charges incurred through your Account,
or otherwise made by you or on your behalf.
3.2 Payment.
Your right to use any service or product that is available for
purchase through the Website, by phone, or otherwise, is contingent
upon your payment in full of the applicable fees indicated for such
purchase (collectively, the “Fees”). Each applicable portion of the
Fees must be paid in full at the time of purchase or otherwise as
directed in writing by ServicePlus. You may pay any portion of the Fees by
Visa, MasterCard, Discover or American Express credit card.
3.3 Taxes. You shall be responsible for obtaining all licenses,
permits and approvals under local, state or federal law which are
applicable to your purchase of any products and/or services from
ServicePlus or any person acting on behalf of ServicePlus, and for obtaining all
tax identification numbers and paying all taxes, license fees and
other charges that become due to any governmental authority or any
other person in connection with or related to any such products
and/or services.
4. INTELLECTUAL PROPERTY.
4.1
Proprietary Rights. The Website contains various Content which is
protected by the copyright, trademark and other laws of the United
States and/or other jurisdictions. As between you and ServicePlus (a) all
right, title and interest (including without limitation all
copyright, trademark, patent, trade secret and other intellectual
property rights) in and to the Website (including without limitation
all Content appearing on the Website) is owned exclusively by ServicePlus,
and (b) you have no rights in and to the Website other than for (as
between you and us) the limited usage rights expressly described in
this Agreement. Except for that information which is in the public
domain or for which you have been given express written permission
by ServicePlus, no Content may be sold, copied, reproduced, republished,
uploaded, displayed, posted, transmitted, distributed, modified,
publicly performed, used in any derivative works based thereon or
otherwise used for any public or commercial purpose without the
prior written consent of ServicePlus and, where applicable, our licensors,
except for as provided in Section 8 hereof.
4.2 Copyright
Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S.
copyright law. If you believe that your work has been copied and
posted on the Website in a way that constitutes copyright
infringement, please provide our copyright agent with the following
information: (a) an electronic or physical signature of the
copyright owner or of the person authorized to act on behalf of the
owner of the copyright interest, (b) a description of the
copyrighted work that you claim has been infringed, (c) a
description of where the material that you claim is infringing is
located on the Website, (d) your address, telephone number, and
e-mail address, (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law, and (e) a statement by you,
made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. Any notification
by a copyright owner or a person authorized to act on its behalf
that fails to comply with the requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon
ServicePlus actual knowledge of facts or circumstances from which
infringing material or acts are evident. ServicePlus’ copyright agent for
notice of claims of copyright infringement can be reached as
follows:
Name: ServicePlus Copyright Agent
Address: 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683
Telephone:
833-427-4653
Fax: 866-383-4947
Email:
admin@serviceplus.com
We suggest that you consult your
legal advisor before filing a notice with ServicePlus’ copyright agent.
You should note that there can be penalties for false claims under
the DMCA. ServicePlus will, in appropriate circumstances and to the extent
plausible, terminate the Account of an Attendee who infringes the
rights of copyright holders.
4.3 Trademarks. All
Trademarks appearing on the Website are the property of their
respective owners. ServicePlus is not affiliated with, or sponsored or
endorsed by, any third party trademark owner whose Trademark appears
on the Website (unless the opposite is expressly indicated), and
ServicePlus does not sponsor or endorse the owner of any such Trademark. As
used herein, the term “Trademarks” means, collectively, all service
names, graphics, designs, logos, page headers, button icons,
scripts, commercial markings and trade dress appearing on the
Website and/or at an Event which indicate a source of any products
or services. Trademarks are protected by the trademark laws of the
United States and other jurisdictions. You may not use, copy,
reproduce, republish, distribute or modify any Trademarks in any
way, including without limitation by means of the distribution of
Content, without our prior written consent or the consent of a third
party Trademark holder, as applicable. In no event may any of the
Trademarks be used in any manner that is likely to cause confusion
or which causes confusion, or in any manner that disparages or
discredits ServicePlus and/or any Event.
5. REPRESENTATIONS,
WARRANTIES AND COVENANTS. Further to any other representation or
warranty made by you in this Agreement, you additionally represent
and warrant that (a) you have all rights, power and the full legal
authority to enter into this Agreement and into any additional
applicable agreements with ServicePlus, on your behalf or on behalf of your
employer (if applicable), (b) you have read this Agreement and you
shall strictly comply with all of its provisions and with all
additional applicable agreements, terms and conditions posted to the
Website or otherwise communicated to you by ServicePlus over the phone, by
email, at an Event, or otherwise, (c) you have carefully reviewed
the Privacy Policy (as hereinafter defined) and to our information
collection, use, storage and transfer protocols described in such
document, (d) you will not use any Content other than as expressly
permitted in this Agreement, (f) you grant us the right to use your
name, image or likeness in connection with our filming of any Event,
(g) you have the full right to grant all rights being granted to
ServicePlus by you under this Agreement, and (i) this Agreement is
enforceable against you in accordance with its provisions.
6. LICENSE. You agree not to use, copy, reproduce, distribute,
publish, display, perform, modify, create derivative works of,
transmit, retransmit, sell, publish, broadcast, circulate, display
or in any way exploit any Content (including without limitation any
copyrighted material, trademarks, or other proprietary information),
in whole or in part, whether by e-mail or by any other means, for
any purpose other than for your personal, non-commercial use, and in
a manner which does not disparage ServicePlus. However, you may print
copies of materials on the Website for your personal, non-commercial
use only, provided that you (i) keep intact all copyright,
Trademark, and other proprietary notices appearing therein, and(ii)
use such materials only in the manner permitted by this Agreement.
7. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
TO EACH OF THE PROVISIONS SET FORTH IN THE FOLLOWING SECTIONS:
7.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”,
AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE SERVICEPLUS
PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE
RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE
WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS,
PRODUCTS OR SERVICES, AND NONE OF THE SERVICEPLUS PARTIES MAKES ANY
PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO
SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE
WEBSITE OR ANY EVENT.
7.2 NO RELIANCE ON INFORMATION OR
INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION
OBTAINED FROM SERVICEPLUS OR ANY THIRD PARTY THROUGH THE WEBSITE, WHETHER
PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED
REPRESENTATION OR WARRANTY THAT YOUR USE OF THE WEBSITE OR OTHERWISE
YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR
REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR USE OF THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR
OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE
OR CURRENT, (D) DEFECTS IN THE OPERATION OF THE FUNCTIONALITY OF ANY
PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E)
DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US WILL BE
ACCURATE OR CORRECT, AND (F) ANY SERVICEPLUS PARTY IS IN ANY WAY LIABLE FOR
ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT
FROM YOUR USE OF THE WEBSITE.
7.3 YOUR SOLE LIABILITY;
RELEASE. NONE OF THE SERVICEPLUS PARTIES SHALL HAVE ANY LIABILITY,
OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY
LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR
WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE
WEBSITE. SPECIFICALLY, EACH OF THE SERVICEPLUS PARTIES DISCLAIMS ANY
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF
THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND
THE SERVICEPLUS PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES,
LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR
RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY
EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE SERVICEPLUS PARTIES
FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE
WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
8.
LIMITATION OF LIABILITY.
8.1 LIMITED LIABILITY AND
DAMAGES. IN NO EVENT SHALL ANY OF THE SERVICEPLUS PARTIES BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, OR ANY
PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR
NOT SERVICEPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 CAP ON LIABILITY. IN NO EVENT SHALL THE SERVICEPLUS PARTIES’
AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF
THE WEBSITE EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE
GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF
APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
8.3
EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE SERVICEPLUS
PARTIES IN THIS SECTION 9 SHALL APPLY WHETHER OR NOT ANY OF THE SERVICEPLUS
PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN
CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS IN SECTION 9 ABOVE OR IN THIS SECTION 10 MAY
NOT APPLY TO YOU.
9. INDEMNITY. Notwithstanding anything
to the contrary in this Agreement, you hereby agree to indemnify,
defend and hold each of the ServicePlus Parties harmless from and against
any and all claims, demands, actions, losses, expenses, damages
(actual and consequential, direct and indirect) and liabilities of
every kind and nature, and all related costs and expenses thereof
(including without limitation reasonable attorneys’ fees and
disbursements), arising out or related to (a) any breach by you (or
any person acting on your behalf) of any representation, warranty or
covenant made by you (or obligation undertaken by you) in this
Agreement or in any further agreement executed by you with ServicePlus (if
applicable), (b) any act or omission by you (or any person acting on
your behalf), (c) your use of the Website, (d) your negligence or
misconduct, or (e) your violation of any law, regulation or rule. If
your indemnification obligations under this Section are invoked by
any ServicePlus Party, such ServicePlus Party shall endeavor to reasonably
cooperate with you and shall at all times have the right fully to
participate in such ServicePlus Party’s defense with such ServicePlus Party’s own
counsel at its own expense. You shall not enter into any settlement
which imposes any liability or obligation on any of the ServicePlus Parties
or which contains any admission or acknowledgment of wrongdoing
(whether in tort or otherwise) without each such ServicePlus Party’s prior
written consent.
10. THIRD PARTIES. Your participation,
correspondence or business dealings with any third party found on or
through the Website, in general or specifically regarding payment
and delivery of any specific goods and/or services, and any other
terms, conditions, representations or warranties associated with any
such dealings, are solely between you and such third party. You
agree that none of the ServicePlus Parties shall be liable or otherwise
responsible for any loss, damage, or other matters of any sort
incurred as the result of or related to any such dealings.
11. NO AGENCY. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended
or created between you and ServicePlus by this Agreement or otherwise.
12. PRIVACY. ServicePlus views the protection of your privacy as
an important responsibility. The terms regulating the handling of
your PII and other information submitted by you in connection with
the Website or any Event is described in our Privacy Policy, which
can be found https://www.serviceplus.com/privacy-policy (the
“Privacy Policy”). By using the Website or otherwise by submitting
your PII or other information to us, you consent to the collection
and use of your PII and other information by us as described in the
Privacy Policy.
13. NOTICES. All notices hereunder shall
be provided by certified mail, postage prepaid and return receipt
requested, to: 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683. Notice
shall be deemed given three (3) days after the date of the mailing
or upon receipt by email.
14. GOVERNING LAW; ARBITRATION;
LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
14.1
Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of New York, excluding New York's choice-of-law principles, and all claims arising out of or
relating to your use of the Website, contacts between you and us
(including telephone calls and text messages), this Agreement and/or
any other understanding or arrangement between you and ServicePlus or any
of the other ServicePlus Parties, or the breach of any thereof, whether
sounding in contract, tort or otherwise, shall likewise be governed
by the laws of the State of New York, excluding New York’s
choice-of-law principles.
14.2 Arbitration; Legal Fees;
No Jury Trial; No Class Actions; No Cross Claims. Any dispute with
you or any person acting on your behalf (if applicable) which arises
out of or is related to your use of the Website, this Agreement,
and/or any other understanding or arrangement between you and ServicePlus
or any of the other ServicePlus Parties, including without limitation
regarding any breach of this Agreement, any contacts between you and
ServicePlus (including, but not limited to, emails, telephone calls, and
text message correspondence between us and you, including but not
limited to, claims under the Telephone Consumer Protection Act), or
any other such other understanding or arrangement, shall be finally
resolved by binding arbitration administered by a private
professional arbitrator and rules reasonably determined by the
parties in writing, and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction. You and
ServicePlus are expressly waiving any rights to a jury trial. The
arbitration will be conducted in the State of New York, by an
arbitrator with applicable industry expertise in the field of event
management services, who shall be named in accordance with such
rules. The award of the arbitrator shall be final and binding on you
and ServicePlus , and shall be accompanied by a statement of the reasons
upon which the award is based, and such statement as well as all
information concerning such arbitration proceedings including
without limitation all evidence and materials submitted by you and
ServicePlus and any decision rendered shall be deemed to be the
confidential information of ServicePlus and shall not be made public by you
or any person acting on your behalf or for your interest (and any
submission made to any court as part of such a proceeding shall be
made under seal). If the party initiating such a proceeding does not
prevail regarding a material part of its claim, then the initiating
party shall pay the responding party’s costs and expenses, including
but not limited to reasonable attorneys’ fees and costs as well as
the costs for any counter claim asserted by the responding party. NO
ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY
OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS
SHALL BE PERMITTED. Notwithstanding the foregoing, either you or
ServicePlus may apply to any federal or state court sitting in the County
and State of New York for injunctive relief or enforcement of this
arbitration provision, without breach of this arbitration provision,
and you and ServicePlus each submits to the exclusive jurisdiction of such
courts for such purpose. You and ServicePlus waive any right to assert any
claims against the other party as a representative or member in any
class or representative action. You agree that any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs
incurred to a maximum of $1500 per claim, but in no event
attorneys' fees. You also agree that ServicePlus is not liable for
consequential, incidental, indirect, secondary or punitive damages
as you are waiving your rights to all such damages. You and ServicePlus
each expressly waives any claim of improper venue and any claim that
such courts are an inconvenient forum.
14.3 Equitable
Relief. You agree that it would be impossible or inadequate to
measure and calculate ServicePlus’ damages from any breach of certain of
the representations, warranties or covenants made, or obligations
undertaken, by you in this Agreement. Accordingly, you agree that
ServicePlus shall have the right to obtain an immediate injunction
enjoining any breach or threatened breach of any your obligations
under this Agreement which ServicePlus in its sole discretion believes will
cause damage to any of the ServicePlus Parties, without having to post a
bond or other security, and to specific performance of any such
provision of this Agreement. The remedies of ServicePlus in connection with
this Section shall be in addition to, and not in limitation of, any
other remedies to which ServicePlus may be entitled under this Agreement or
otherwise at law or in equity. If ServicePlus prevails in any such
proceeding, ServicePlus shall have the right to recover from you the costs
and expenses thereof, including without limitation for reasonable
attorneys’ fees. For purpose of this Section 14.3, you agree to the
personal and exclusive jurisdiction by and venue of any federal or
state court sitting in the County and State of New York for ServicePlus’
pursuit of such relief, without breach of the above arbitration
provision, and you and ServicePlus submit to the exclusive jurisdiction of
such courts for such purpose, and to receive service of process
through certified mail or by other means sanctioned by law, and you
expressly waive any claim of improper venue and any claim that such
courts are an inconvenient forum.
15. TIMELY FILING OF
CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO
YOUR USE OF THE WEBSITE, OR ANY CONTACTS BETWEEN ServicePlus AND YOU
(INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR
OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE
ARISEN.
16. ASSIGNMENT. You shall not sell, assign or
otherwise transfer any of your rights or obligations under this
Agreement, without ServicePlus’ prior written consent (to be provided or
denied in our sole discretion). This Agreement may be automatically
assigned by ServicePlus, in our sole discretion, to a third party, and such
an assignment shall inure to the benefit of such third party or
otherwise to our successors, assigns and/or licensees. Without
limitation of the foregoing, we may sell, transfer or otherwise
share some or all of our assets, including without limitation your
PII, with any parent company, subsidiary, joint venture, or any
company under our common control, as well as with a potential
acquirer, in connection with a merger, reorganization, or sale of
assets, or in the event of bankruptcy. In each such an event, the
PII we have collected from you may be one of the assets so
transferred.
17. VALIDITY; WAIVER. If any one or more of
the provisions contained in this Agreement shall, for any reason, be
held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any of
the other provisions of this Agreement, which shall remain in full
force and effect, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained
herein. If, moreover, any one or more of the provisions contained in
this Agreement shall for any reason be held to be excessively broad
as to duration, geographical scope, activity or subject, it shall be
construed by limiting and reducing it, so as to be enforceable to
the extent compatible with applicable law as it shall then appear.
Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to a subsequent or similar
breach or subsequent or similar breaches. If ServicePlus does not exercise
or enforce any legal right or remedy which is contained in this
Agreement (or which ServicePlus has the benefit of exercising or enforcing
under any applicable law), such non-exercise or non-enforcement
shall not be taken to be a formal waiver of ServicePlus’ rights or
remedies, and all such rights or remedies shall still be available
to ServicePlus.
18. GENERAL. Section headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of any such section. This Agreement and any
additional applicable agreement between you and us sets forth the
entire understanding and agreement between us with respect to the
subject matter hereof. The provisions of this Agreement will survive
termination or expiration to the extent necessary to carry out the
intentions of you and us.
19. CONTACT US. If you have any
questions or concerns regarding the Website, please contact us by
e-mail: admin@serviceplus.com.
ServicePlus offers its customers mobile alerts regarding marketing messages, sales, promotions, and discounts by SMS message (the "Service") on short code 64198. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. ServicePlus reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
A. Authorize ServicePlus to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B.Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C.Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D.Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call contact us at 1-833-427-4653. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Once you affirm your choice to opt-in to the Service on short code 64198, your message frequency may vary. You may receive alerts about:
A.Sale promotions
B.Discounts
C.New product services and program plans
D.Quote reminders
E.Browsing reminders
F.Blog promotions
G.Renewal reminders
H.Policy updates
I.Warranty information
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. ServicePlus may add or remove any wireless carrier from the Service at any time without notice. ServicePlus and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from ServicePlus, text the word STOP to short code 64198 any time or reply STOP to any of the text messages you have received from ServicePlus. After texting STOP to short code 64198, you will receive one additional message confirming that your request has been processed. Being removed or opting out from any of the marketing lists for ServicePlus, including, but not limited to, pre-recorded messages, SMS, emails or any form of communication from ServicePlus may take up to seven (7) business days to go into effect from the date of the request. No additional messages will be sent to you unless you opt in again.
You can text HELP for help at any time to short code 64198. This will provide you with a toll-free number, 1-833-427-4653 to contact customer service. You can also contact us at ServicePlus 518 Old Post Road, Suite 7 #315,Edison, NJ 08817-4683.
These Mobile Terms and Conditions are subject to change at any time without notice.
