Clicking the “ACCEPT” tab displayed as an aspect of the complete online registration process, or otherwise choosing to sign up for a new account, using, or accessing the expected Service, you agree to be regulated by Serveantage’s terms and conditions outlined in this Agreement (this “Agreement”) between clients and any organization they represent (collectively, “you” or “Customer”) and Serveantage, Inc. (“Serveantage” or “our,” or “we”) governing your utilization of Serveantage’s former Serveantage agreements terms that the client may have approved are superseded by this Agreement. By this reference, Serveantage’s Privacy Policy, Comments Policy, Service Terms, Public Review, and all other notices or guidelines are included in this Agreement.
If one accepts this Agreement on behalf of yourself or the organization, you fully represent, you also mean that you are authorized to be guided by the terms that come along with the Agreement. If any term in the accompanying documents conflicts with these policies and conditions, these policies and conditions get to take precedence. You shouldn’t click on the “ACCEPT” button and must close the electronic contract if you happen not to possess such type of authority or if you strongly do not concur with the policies and conditions of the written Agreement. You may not utilize the Service if you do not have such authority or do not agree with this Agreement’s terms and conditions.
Granting and enforcing licenses
Serveantage hereby grants its clients the non-transferable, non-exclusive global right to utilize the Service for your business purposes during the Term of this Agreement, subject to the policies and conditions of this type of Agreement. Serveantage and its third-party suppliers or licensors (collectively, the “Licensors”) reserve all rights not expressly granted to you.
You may not
- License, sell, resell, assign, distribute, transfer, or otherwise make available to a third party the Content made available the honor Serveantage via the Service in several ways;
- Edit or create works based on the Content or the Service;
- Create Internet “links” to the leading Service or “frame” or “mirror” any Content type on another server.
You concur that Serveantage may modify, amend, and publish all and any Content showing up on Serveantage.com, Serveantage d3.com, and other Content feeds managed or internet domains, controlled or managed by Serveantage, including advertisements, promotions, and event listings for businesses that are non-competing, or Serveantage services and products.
Intellectual client property rights/client data ownership
You acknowledge alongside concur that subject mainly to the grants associate to license set forth in this type of Agreement, Serveantage or its certified licensors retain all title, interest, and right in and directly to the Serveantage technology, the Service, and the Content as well as any significant suggestions, enhancement requests, ideas, recommendations (collectively, “Feedback”), feedback, or several other information directly related to the Service provided by either you or any other certified party. Subject to Serveantage’s right to use such Customer Data to offer the Service to you, you maintain all title, interest, and right in any customer data. This will also include Client review data recorded by the Serveantage system (“Customer Data”) or supplied to Serveantage. You grant Serveantage a perpetual, royalty-free worldwide right to use, edit, aggregate, publish, make derivative works, sublicense and distribute the consumer data review and all surveys Serveantage performs on the client’s behalf.
Except for the limited licenses provided to you under this Agreement, this type of Agreement is not a product on sale and strictly does not transmit to you as a client any ownership rights in or relating to the Serveantage Service, Serveantage technology, Serveantage Content, or Serveantage intellectual property. All algorithms, software, structures, applications, source codes, routines, sub-routines, sequences, and related programming, technological or engineering matter created or developed by Serveantage or its certified licensors (along with all patents, copyrights, trademarks, and proprietary related rights entities) shall be the exclusive, sole, and legal property of Serveantage or its certified licensors. Serveantage occasionally collaborates with a third party to provide additional services and products to its clients. Serveantage obtains anonymized, aggregated data to grant clients such extra services and products, and you concur to allow us to utilize that data.
Serveantage or its licensors own the trade names, trademarks, major service names, and top logos related to the Service, and no license or right to utilize them is provided. You acknowledge and agree that Serveantage or its licensees have exclusive and perpetual ownership and title assigned to the goodwill and the Marks associated with them. You concur not to register any Mark that is confusingly related to the Marks or use any Mark that is confusingly or deceptively similar to the Marks.
Information about customers and accounts
Any customer information, data, or material that you contribute to the Service embedded in the course of utilizing the Service is not owned by Serveantage. Client Data in the identifiable form shall not be disclosed, assigned, licensed, sold, or otherwise disposed of by Serveantage to any third party unless it is in line with this Agreement, if applicable, or as required by law.
Except as made available in this Agreement or as required by the state law, you, not Serveantage, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual ownership of property or right to use of all Customer Data, and Serveantage shall not be held responsible for the deletion, destruction, failure, correction, damage, or loss to store any Customer Information, or for the erroneous upload or extraction of Customer Data. For any security breach, including zero limitation, your non-payment as described in this Agreement, Serveantage reserves the right to withhold, remove, and discard Customer Data without notice.
Your full right to use Customer Data immediately stops upon termination for cause. Serveantage has no responsibility to keep or forward any Customer data, except as outlined in the Section labeled “Listing services” below. Regardless of the preceding, your Customer Data may be shared with your franchisor and franchise association if you are a member of a franchise organization that has or later executes an agreement with Serveantage. The franchisee has authorized the franchisor access to their data.
Serveantage reserves the right, but not the duty, to monitor any content you make while using the Service. Serveantage reserves the right to share any information necessary or appropriate to comply with Serveantage’s legal requirements, protect Serveantage or its customers, or adequately administer the Service.
Serveantage reserves the right to refuse to post, remove, or force you to remove any of Your Content that it deems unpleasant, undesired, improper, or in violation of this Agreement, in its sole discretion. Serveantage reserves the right to compel you to password secure all or part of your Content at its discretion. If Serveantage has requested that your Content be password-protected, you may not post the password or any other information that would jeopardize the password’s effectiveness. Suppose you fail to place any of your material behind password protection within a reasonable time after Serveantage requests it. In that case, Serveantage may (a) place such Content behind password protection itself or (b) terminate this Agreement immediately.
Information about customers and accounts
Any Customer-related Data that you contribute to the platform’s Service in the event of using the Service is not owned by Serveantage. Customer Data in the identifiable form shall not be sold, assigned, licensed, disclosed, or otherwise discarded by Serveantage to a third party unless it is in line with this Agreement, if applicable, or as required by law. Except as made known in this Agreement or as required by law, you, not Serveantage, are solely responsible for the quality, integrity, reliability, and intellectual property ownership or full right to utilize of all Client Data and Serveantage shall not be held responsible or liable in cases of correction, damage, loss, deletion, destruction, or a failure to effectively store any Client Data, or majorly for the erroneous or improper extraction or upload of any Client data.
For any significant breach, comprising, without limitation, your non-payment state as described in this Agreement, Serveantage reserves the full legal right to remove, withhold, remove, or discard Client Data without a major notice. Your full right to access Client Data stops upon termination of business activities on the platform. Serveantage has no responsibility to keep or forward any Customer data, except as presented forthrightly in the website Section labeled “services” below. Regardless of the foregoing, your Customer Data may be shared with your franchisor and franchise association if you happen to be a member of a well-known franchise organization that has or executes agreements with Serveantage and such franchisee has authorized the franchisor full access to data owned by such client.
Serveantage reserves the right, but not the duty, to check out any content you make while utilizing the Service. Serveantage reserves the right to share any information required or the right to comply with Serveantage’s legal requirements, protect Serveantage or its clients or adequately administer the Service. Serveantage reserves the right to refuse to remove, post, or force you to get rid of any of your main Content that it deems unpleasant, undesired, improper, or completely violates the already-established written Agreement in its sole discretion. Serveantage reserves the right to compel you to password secure all or part of your business Content at its discretion. If Serveantage has requested that your Content be password-protected, you might not post the account password or any other information that would jeopardize the password’s effectiveness. Suppose you fail to place any other material behind full password protection within a reasonable time after Serveantage requests it. In that case, Serveantage may:
(a) Decide to place such type of Content behind full password protection, or
(b) Terminate this type of Agreement immediately.
Email adherence
You promise to follow all aspects of the CAN-SPAM Act and safe sender email practices. This includes, but is not limited to, providing unsubscribe links in all mail, including your complete contact information in all correspondence, and not disclosing private or confidential information. Customers who have an existing relationship and have stated that they accept correspondence from you may only use email services. You may not try to spoof sender domains, spam, or engage in any other illegal email practices, such as those described in this Agreement’s Section headed “Customer responsibility and passwords; third-party software.” Serveantage gives no express or implied promise of individual message receipt due to carrier technologies. Serveantage is not responsible for any issues that develop due to the Content you give or any unforeseen liabilities that may come as a result of it being provided.
Compliance with text messages
The Telephone Client Protection Act is federal legislation that governs how businesses contact customers via phone, fax, or text message. The TCPA requirements apply to the text and automated telephone communications you can send to your clients and patients using the Serveantage Service.
Consent to Process Data for Services
You agree that Serveantage may remotely log in to your computers, devices, and systems to provide technical support, training, and other Services, including, without limitation, technical troubleshooting, answering queries, benchmarking, and giving training to you or your personnel. You also agree that Serveantage may log in remotely as needed or appropriate to keep our Services running. The use of third-party entities for remote login is possible.
Serveantage may log off accounts that have not been inactive for an extended time. In addition, Serveantage may place suspected messages in quarantine. Serveantage may also change any domain and user settings at any time, with or without notice, including, but not limited to, changing settings so that spam or bulk email is denied rather than quarantined to avoid space capacity issues that jeopardize the technical viability of the services rendered, or the system used to facilitate the services.