Terms of ServiceUPDATED: January 14, 2016By using this website (the "Site”) or any services provided through this Site, you ("you,” "your,” or "User”) agree to the following terms and conditions provided by Seyego, LLC ("Seyego,” "us,” "our,” or "we”). This Agreement between us and User supersedes all previous written and oral agreements, representations, and warranties. If you do not wish to agree to these terms of service (the "TOS” or "Agreement”), please refrain from using the Site.By agreeing to this TOS, you represent and warrant that you have the legal capacity to enter into legal agreements on behalf of yourself and any company or entity you claim to represent or be affiliated with.General
Seyego has websites (Seyego.com, PowerDispatch.com, Serviceslogin.com, and their respective subdomains) owned by Seyego to offer the following products and services to Users: website design, website rental, internet marketing, and licenses for PowerDispatch.User Conduct
All Users are required to abide the following rules of conduct.
* You must provide accurate information on your User account.
* You are responsible for protecting your password to login to this Site. Do not share your password with others.
* You must not use our products or services to abuse, harass, or defame anyone.
* You must not use products or services to do anything unlawful, misleading, malicious, or discriminatory.
* You must not use our products or services post spam or upload viruses or other malicious code. You may not do anything that is designed to disable, overburden, or interfere with the normal working of our products or services.
* You must not use products or services to violate anyone’s intellectual property rights.
* You must update your account information if your company or payment information changes.
* You are responsible for your actions when using our products or services. Not all products and services offered by Seyego are legal in every state in the U.S.A. or other countries. It is your responsibility to determine what you can legally do with our products and services and act accordingly.
* You must not write software to connect in any way to our products or services, including PowerDispatch, unless you are given explicit written permission from us.Allowing a User to create an account for our products or services is not an endorsement by Seyego of that User’s skills, products, qualifications, or expected performance. Users are not employees, independent contractors, or agents for Seyego.Seyego Subscription Services
All of our product licenses and services are offered on a subscription basis. You sign up for a subscription during the initial checkout where you pay for your subscription with a credit card. This will by your monthly subscription fee. Each subscription is automatically renewed each month unless cancelled by you or us.If there is an error with your credit card and payment cannot be processed, we will contact you, through our software, informing you of the error. You will have 10 calendar days to cure the error. If we cannot collect payment from you during that time, we will make your account "inactive.” You may reactivate the account by paying a $50 reactivation fee within 30 days. Failure to reactivate your account within 30 days may result in the termination of your account.Refunds may be requested up to the fifth day of the subscription. After the fifth day, refunds for that month’s product licenses and services are not available.Payments for Seyego product licenses and services are processed by Authorize.net. By signing up for a Seyego subscription, you agree to abide by this service’s user terms as well. DO NOT SAVE ANY CREDIT CARD INFORMATION ON OUR SOFTWARE.If you are interested in a 6, 9, or 12-month subscription contract, please contact us at info@seyego.com. Discounts may be available.Subscriptions can be canceled at any time by contacting Seyego customer service at 888-933-1033. You cannot cancel your subscription via email because we must verify your account before making such a change.You attest that you understand that purchases of our product licenses and services are not tangible products that can be physically delivered to you. By agreeing to this TOS, you waive the right to initiate a chargeback action through your credit card provider for lack of Proof of Delivery.PowerDispatch Licensing Terms
PowerDispatch™ is a product used by members of the services industries to coordinate workers to provide services to customers, such as locksmiths, plumbers, garage door technicians, etc. If you purchase a subscription for PowerDispatch, we shall grant you a non-exclusive, worldwide license to use our product that is time-limited to the duration of your subscription. You shall not sublicense this product to anyone; nor shall you copy, distribute, display, make derivative works, allow others’ access to, or attempt to reverse engineer this product for the duration of your license.PowerDispatch works in part with your Twilio account. By using PowerDispatch, you may incur additional charges on your Twilio account. It is your responsibility to stay abreast of changes in Twilio’s services and associated fees. If you use PowerDispatch to save calls on Twilio, you shall be responsible for deleting these recordings to avoid incurring additional fees from Twilio. Additionally, some features of PowerDispatch are available for a fee. You must approve these charges before using these features.When you create a PowerDispatch account, you designate who in your organization is an administrator on the account. Account administrators have the ability to add premium features, delete jobs, and make additional modifications to your account which could result in changes in your subscription fee or additional charges to your account.
Links
We may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which we provide a link. User assumes all risk by following a link. Seyego provides no guarantee that any website it links to will be accurate or available.Intellectual Property
Seyego retains its copyright rights in all its content published on or made available through this Site and any sites we own and use to promote our products and services. Users may request permission to use or repurpose our content by contacting us at support@seyego.com."Seyego,” "PowerDispatch,” and their logos are trademarks owned by Seyego, LLC and may not be used without our explicit written permission.Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.Digital Millennium Copyright Act (DMCA) Policy
Seyego will comply with any properly submitted DMCA takedown and counter takedown notices we receive (17 U.S.C. § 512). If you believe that your copyrighted work has been copied and posted on this Site or a website we rent to a User in a way that constitutes copyright infringement, you must contact our DMCA Agent at the following address: Seyego, LLC; Attn: DMCA/Copyright Agent; 1208 East Broadway Road, Suite 205, Tempe, AZ 85282 or support@seyego.com.Indemnification
User agrees to defend, indemnify, and hold harmless Seyego, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by User in connection with the Site, products, or services.Dispute Resolution
By using this Site, User agrees that any claim, dispute, or controversy User may have against us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site and Seyego’s products and services. In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by the other party in addition to any damages assessed against them. User agrees they may not bring a claim on behalf of themselves and shall not file a class action lawsuit or seek class action status in a lawsuit against Seyego. The User agrees that the most damages you could collect in a dispute is a full refund of subscription fees paid to Seyego.If a person or organization has a dispute with a User related to a Seyego product or service, they must resolve the problem directly with the User. We will not be involved in resolving your conflict.Modified Terms of Service
We reserve the right at any time to discontinue this Site, change the products or services provided through this Site, or modify any of our TOS as we deem necessary or desirable. We may notify Users of changes by posting notice of a change on the Site. Changes to this Agreement may occur, however, without notice. Any changes to this Site or the TOS will be effective upon the changes being made to this Site. Continued use communicates acceptance by User of the new services and/or TOS.We suggest, therefore, that you re-read our TOS periodically in order to stay informed as to any such changes. The date at the top of this Agreement will inform you of the date of the most recent change. Any use of the Site by User after the changes shall be deemed to constitute acceptance by User of such modifications.Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND OUR PRODUCTS OR SERVICES IS AT USER’S SOLE RISK. NEITHER SEYEGO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR OUR PRODUCTS OR SERVICES OR (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCT, OR SERVICE PROVIDED BY SEYEGO.THIS SITE AND OUR PRODUCTS AND SERVICES ARE MADE ACCESSIBLE ON AN "AS IS” AND "AS AVAILABLE” BASIS. SEYEGO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.Limitation of Liability
IN NO EVENT SHALL SEYEGO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.Disclosures
Questions and suggestions may be sent to Seyego at 1208 East Broadway Road, Suite 205, Tempe, AZ 85282 or via email at support@seyego.com.Communication with Users
By using this Site, you give us consent to communicate with you using the contact information you provided. We may contact you for various reasons, including but not limited to, information about changes to our Site and/or products or services.Privacy Policy
We have the utmost respect for your privacy. We will use the information collected from you to improve our services, which may require us to share aggregate user data (no personal information) with third party analytic service providers. We want to know what aspects of the Site, our products, and our services are most used and where we can improve. In the event that we sell the business or this Site, that sale will include all User information we’ve obtained via this Site. We will never spam you or sell your information to a third party for other purposes.We may share your information with a third party if we have a good-faith belief that sharing the information is necessary to comply with a law, regulation, or enforceable government request; to investigate potential violations or technical issues on our website; or to protect against harm to our Users, or our affiliates’ rights, property, safety, or to the public as permitted by law.You must provide the following information to create a User profile: company name, contact person name, email address, phone number, and credit card information. (Users who are using our products and services during a 30-day free trial must provide the company name and a contact person’s email address. The additional User information will be requested when you continue using our products and services.) As stated above, we will not share your information with third parties who are not affiliated with this Site except as stated above.Miscellaneous
This Agreement shall constitute the entire agreement of the parties with respect to the subject matter in this document. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.Termination
Seyego may terminate this Agreement with any User at any time for violations of the Site’s Terms of Use. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any User subscriptions in the event of any conduct by User or which Seyego in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.When a User account is terminated by us or the User, we reserve the right to delete all the User’s information from our servers 90 days after the account has been terminated. During that time, you may request access to or a copy of your account data if needed.Termination may occur without notification and without a refund to the User. The provisions of the following sections will survive termination of this Agreement: User Conduct, Intellectual Property, Indemnification, Dispute Resolution, Warranty Disclaimer, Limitation of Liability, Privacy Policy, and Miscellaneous. Seyego shall not be liable for any damages for terminating a User.
