MyServiceProfile Terms and Conditions
General Terms
1. Rights & Permissions
Client warrants that it has obtained all rights and permissions required in order that data, recordings, domains, artwork and printed material supplied by Client to Myserviceprofile may be legally replicated; that the data, recordings, artwork and printed materials will not infringe upon any trademark, copyright, contract, or property rights; that Client has paid any and all royalties or other charges to be paid pursuant to copyright law of the United States, any statute, order, or other law, right or contract governing such materials; and the materials do not contain matter which is libelous, defamatory, obscene or invades the rights of privacy or rights of any individual. Myserviceprofile retains the right to use creative materials developed for Client in any future advertising. Client's signature authorizes Myserviceprofile to act on their behalf as SEO agent during the duration of this Agreement. Client authorizes Myserviceprofile to post, publish and or edit their business profile or internet advertisements. Client further agrees to indemnify and defend Myserviceprofile against any claims brought by or liability to any third parties due to Client's breach of this Agreement, including the representations and warranties set forth in this Section.
2. No Liability for Damages
In no event shall Myserviceprofile or its suppliers or agents be liable for any damages (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of this Agreement of the use or inability to use this service, even if Myserviceprofile has been advised of the possibility of such damages. In any case, Myserviceprofile and its suppliers' entire liability under any provision of this Agreement shall be limited to the amount actually paid to Myserviceprofile for the local listing with search engines.
3. Copyright
Following termination of the Application/Contract, ownership of concepts and/or executions transfers from Myserviceprofile to the Client, when applicable, but will only occur after full payment on all invoices. Myserviceprofile's proprietary methods of optimization cannot be copied without prior exclusive written consent of Myserviceprofile.
4. Applicable Law
Laws of the State of California shall apply to this Agreement.
5. Updating
Myserviceprofile reserves the right without penalty, and without prior notice, to upgrade listing/profile in order to meet current guidelines – which may temporarily interrupt service.
6. Arbitration
THIS SECTION CONTAINS A MANDATORY ARBITRATION PROVISION WHICH DISALLOWS CLASS ACTIONS. THIS SECTION ALSO CONTAINS A CLASS ACTION WAIVER PROVISION AND A JURY WAIVER PROVISION.
Arbitration pursuant to this Agreement will be handled by the American Arbitration Association ("AAA"), a non-profit arbitration company (http://www.adr.org) in AAA's San Diego/Orange County Regional Office (but you may appear at any hearings remotely, as set forth above). The arbitration will proceed using AAA's Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ("Consumer Rules"). AAA updates those rules occasionally and the rules for any particular arbitration will be the ones in effect at the time of the arbitration. Therefore, it is important to check AAA's website (http://www.adr.org/arb_med) periodically to ensure that you are referring to the most updated version.
By executing the Application/Contract or by using Myserviceprofile's service, you consent to resolve any disputes concerning your Contract with Myserviceprofile or Myserviceprofile's services, including disputes about the Contract's performance, interpretation, cancellation, termination, or invalidity to binding arbitration. Such proceeding will be governed by the laws of the state of California. This Agreement waives your right to submit any disputes you may have now or in the future with Myserviceprofile to the court system, including Small Claims court, and waives your right to a jury trial.
Any arbitration award under this Agreement will be limited to money damages. No injunction or or other equitable relief will be available. Further, the arbitrator cannot grant punitive, exemplary or consequential damages. All damages in arbitration shall be subject to the limitations specified in Section 6 above ("No Liability for Damages").
If, for any reason, this arbitration clause is deemed invalid or is deemed not to apply to any dispute between you and Myserviceprofile, the venue for any lawsuits, including Small Claims actions, with Myserviceprofile, shall be exclusively in the courts of Orange County, California.
- 7.1 Arbitration Procedures
- Before Arbitration. Before you file an arbitration action, you must first describe your dispute in writing to Myserviceprofile by sending an email to billing@Myserviceprofile.com, and referencing this Section of the Terms and Conditions. If you have been in email contact with any other persons at Myserviceprofile, copy that person or persons on the email. Myserviceprofile may elect to resolve the matter with you at that time. If you and Myserviceprofile cannot resolve the matter within 30 days of your first email to Myserviceprofile referencing this dispute resolution procedure, you can file arbitration paperwork under the AAA Consumer Rules (see above and below).
Fill Out and File a Demand for Arbitration. Arbitration begins when you fill out and file a "Demand for Arbitration,"—a written statement in which you inform the arbitrator about your dispute. You can find a form Demand for Arbitration at http://www.adr.org/aaa/faces/home. A separate form must be used for California residents. This form can also be found at AAA's website above.
Make and Send Copies. After you have filled out the Demand for Arbitration, you must make at least five (5) copies. Keep one copy for your records. Send one copy to our attorneys at: Lanza & Smith, Attn: Myserviceprofile Arbitration, 3 Park Plaza, Ste. 1650, Irvine, CA 92614, and another copy to Myserviceprofile, Attn: Legal Department, 8687 Research Dr. #200, Irvine, California. The other two copies must be sent to AAA (see below)
File Two Copies of Your Demand for Arbitration to AAA and Pay the Filing Fee. Submit two copies of your Demand for Arbitration to AAA San Diego/Orange County Regional Office at 402 W. Broadway – Ste. 400, San Diego, CA 92101. Ensure that you include the appropriate AAA filing fee of $125 for claims under $10,000. Keep in mind, however, that AAA may increase the fee at any time. Current fee amounts may be found by viewing AAA's rules on its website by calling AAA at 800.778.7879.
After you pay the filing fee, your responsibility for arbitration fees will be limited to an additional $200 in non-frivolous cases. In other words, you and Myserviceprofile will both pay 50% of arbitration fees, up to the first $400 (not including filing fees). When the arbitration fees exceed $400, Myserviceprofile will pay 100% of any additional fees in non-frivolous cases. If the arbitrator rules that the claims in your Demand for Arbitration were frivolous or had an improper purpose (as defined by Federal Rule of Civil Procedure 11(b)), then arbitration fees and costs will be governed by AAA's rules. If the arbitrator determines your case was frivolous, you may be ordered to repay Myserviceprofile for advancing your half of the arbitration costs after the first $400.
After you have properly filed the Demand for Arbitration with AAA, AAA will notify you of additional procedures and deadlines. If you have not received any further contact from AAA within 20 days of your filing of the Demand for Arbitration, you should contact AAA for further instructions by calling 800.778.7879.
Alternative Payment and No Attorney's Fees. After the arbitration hearing, if the arbitrator awards you more than Myserviceprofile's last written settlement offer, Myserviceprofile will then pay you the amount of the award, or $1,500, whichever is greater, plus reimbursement of your filing fee. If Myserviceprofile never made offer to settle, you will be paid the amount of the reward, or $1,500, whichever is greater. If the arbitrator awards you less than Myserviceprofile's last written settlement offer, Myserviceprofile will pay you that sum, but no more. If Myserviceprofile wins the arbitration, Myserviceprofile will not attempt to collect its attorney's fees against you, even if it otherwise has the legal right to do so.
