Terms of Service

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS OF SERVICE ("TERMS").

These Terms of Service ("Terms") are a legally binding agreement between you ("You") and ServiceBridge, LLC, an Illinois limited liability company ("ServiceBridge"), and govern Your access to and use of certain Software as a Service applications, systems, software, databases, mobile applications and certain websites described herein (collectively, the "ServiceBridge Services"), on a subscription basis ("Subscription"). Access to and use of the ServiceBridge Services by You is subject to these Terms, including any modifications or additions to these Terms from time to time issued by ServiceBridge, and all applicable laws and regulations. If you are agreeing to these terms on behalf of an organization ("Organization"), then you represent and warrant that you have the authority to so bind the Organization to these Terms.

  1. ServiceBridge Services.

    1. Access to ServiceBridge Services. (i) ServiceBridge may, from time to time, introduce new features to the ServiceBridge Services, or modify or delete existing features, in its sole discretion. By using any new or modified features when they become available, You agree to be bound by these Terms concerning such features. You may use the ServiceBridge Services to access and use, on a subscription basis the ServiceBridge Mobile App ("Mobile App"), which can be accessed by downloading the version for your approved mobile device. The ServiceBridge Services, and the Mobile App, may also allow you to access certain Third Party Materials. Third Party Materials are governed by their own set of legal terms, which will be provided by the licensor thereof. ServiceBridge is not responsible for any Third Party Materials.
    2. Registration. If You wish to use the ServiceBridge Services, You are required to register by completing a Registration Form ("Registration Form"). ServiceBridge may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that You will update such information from time to time as necessary. As part of the registration process, You will select a user name based on Your e-mail ("User Name"), and a password ("Password") to access the User Name. ServiceBridge may, at its option, change the parameters for Passwords used to access the ServiceBridge Services without prior notice to You. ServiceBridge may reject any User Name that ServiceBridge determines in its discretion is unacceptable for use. You are solely responsible for maintaining the security of Your User Name and Password, and changing Your User Name and Password if either is compromised. If You disclose Your User Name and/or Passwords to any person(s), or permit any other person(s) to use the ServiceBridge Services with Your User Name, Passwords, or other means to access Your accounts, You are responsible for any use or misuse by such person(s).
    3. Access. You agree that ServiceBridge, in its sole discretion, may terminate Your Password or User Name or use of the ServiceBridge Services for any reason, including, without limitation, for lack of use, or if ServiceBridge believes that You have violated or acted inconsistently with the letter or spirit of these Terms. You acknowledge and agree that any termination of Your Password or User Name or use of the ServiceBridge Services may be effected without prior notice and that ServiceBridge may immediately deactivate or delete Your account and all related information and files and/or bar any further access to such information and files. You agree that ServiceBridge shall not be liable to You or any third party for any termination of Your access as provided herein. Any access or attempted access of other areas of ServiceBridge's computer systems, third-party systems and services that ServiceBridge utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others' use of or access to the ServiceBridge Services. You agree that the ServiceBridge Services contains proprietary content that is protected by applicable intellectual property and other laws, and that You will not use such content in any way except for Your permitted use of the ServiceBridge Service. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ServiceBridge Service, in any manner, and You shall not exploit the ServiceBridge Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the ServiceBridge Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ServiceBridge is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the ServiceBridge Services. ServiceBridge reserves the right to report any activity that it reasonably suspects violates any law, regulation or rights of a third party and to disclose any information to law enforcement officials, regulators, or other appropriate third parties.
    4. Restrictions. You may not rent, lease, lend, sell, redistribute or sublicense any part of the ServiceBridge Services. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any part of the ServiceBridge Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law [or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the ServiceBridge Services]) or delete the copyright and other proprietary rights notices on any part of the ServiceBridge Services and any attempt to do so is a violation of the rights of ServiceBridge and its licensors. ServiceBridge reserves all rights not expressly granted under these Terms. You may not use or otherwise export or re export any part of the ServiceBridge Services except as authorized by U.S. law and the laws of the jurisdiction in which the ServiceBridge Mobile App was obtained. The ServiceBridge Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the ServiceBridge Apps, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. The ServiceBridge Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end Yous (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  2. Mobile Application.

    1. The ServiceBridge Mobile App allows You to interface with certain of Your back office software solutions. The license granted to You for the Mobile App is limited to a limited, revocable, non-transferable license for You to use the object code of the Mobile App on one approved mobile device that You solely own or control and as permitted herein [by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). To use the Mobile App, you need an approved, compatible mobile device. Your license to use the. You agree that ServiceBridge may from time to time issue new versions of the Mobile App, which will be automatically upgraded on your mobile device, and that these Terms will apply to any such upgrades.
  3. Third Party Materials.

    1. The ServiceBridge Services enables Your access to content, data, information, applications or materials from third parties (collectively, "Third Party Materials"). In the event You already have rights to use Third Party Materials that are accessible through ServiceBridge Service, then You can simply access such Third Party Materials via the ServiceBridge Service. In order to access and use any new Third Party Materials, You will need to access the website of the particular vendor for such Third Party Materials. When doing so, You will need to agree to a separate agreement with such Third Party Vendor setting forth Your permitted use of such Third Party Materials. You agree that ServiceBridge is not responsible for the performance of or Your access to any Third Party Materials, and You will not hold ServiceBridge responsible therefore in any way. Third Party Materials are not supported by ServiceBridge. For any performance issues, You must look to the third party provider of such Third Party materials, and not to ServiceBridge. By using the ServiceBridge Services, You also acknowledge and agree that ServiceBridge is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials.
    2. Links. The ServiceBridge Services contains links or references to third-party websites or resources. You acknowledge and agree that ServiceBridge is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links or references to such websites do not imply any endorsement by ServiceBridge of such websites or the content, products, or services available from such websites. Linked and referenced websites are not operated, controlled or maintained by ServiceBridge, and ServiceBridge is not responsible for the availability, content, policies or practices of linked or referenced websites. Links and references to other websites are provided for Your convenience only, and You accesses them at Your own risk.
    3. Feedback. ServiceBridge welcomes your feedback, comments, and suggestions for improvements to the ServiceBridge Services ("Feedback"). You hereby agree that any such Feedback shall be the sole and exclusive property of ServiceBridge, and You hereby irrevocably transfer and assign to ServiceBridge and agree to irrevocably assign and transfer to ServiceBridge all of Your right, title, and interest in and to all of the Feedback, including all worldwide patent rights, copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein, and will execute any documents and take such further acts as ServiceBridge may reasonably request to effect such transfer and assignment.
  4. Content. Content in the Service may be comprised of ServiceBridge Content, Third Party Content and Subscriber Content.

    1. ServiceBridge Content. ServiceBridge Content may consist of information and/or data provided by ServiceBridge, and will include any intellectual property of ServiceBridge, all of which is protected by Intellectual Property Rights owned by ServiceBridge. [You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the ServiceBridge Content (either in whole or in part) without the express prior written consent of ServiceBridge.] ServiceBridge may change, delete or update any ServiceBridge Content at any time, from time to time, without prior notice. ServiceBridge Content is provided for informational purposes only and is not binding on ServiceBridge in any way except as otherwise expressly agreed to in writing by ServiceBridge.
    2. Third Party Content. Third Party Content consists of information and/or data provided by a Third Party, and may be protected by intellectual property rights which are owned by such Third Parties. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Third Party Content (either in whole or in part) without the express prior written consent of Third Party. You acknowledge and agree that Third Party Content is provided by third parties that are not affiliated with or under the control of ServiceBridge, and ServiceBridge does not operate, control, endorse, guaranty, represent or warrant in any way any Third Party Content on or accessed through the ServiceBridge Services.
    3. Subscriber Content. "Subscriber Content" means the information contained in the ServiceBridge Services that You upload, download and access through the ServiceBridge Services or that you store in the ServiceBridge Services data Folders ("Data Folders"). You represent and warrant that You own or have the necessary licenses, rights, consents and permissions to possess and use, and allow others to use, as described herein, and You hereby grant to ServiceBridge a nonexclusive, royalty-free, revocable right and license to access, store, reproduce, display, handle, transmit, test or otherwise use all Subscriber Content solely for purposes of ServiceBridge providing its services to You hereunder. You are solely responsible for the Subscriber Content. [If You choose to, You can share all or some of Subscriber Content with specific individuals You select. If You decide to share Subscriber Content, You are giving certain legal rights to those individuals. ServiceBridge does not claim any ownership rights in Subscriber Content. You acknowledge that ServiceBridge does not have any obligation to monitor the Subscriber Content, or use by others to whom You have granted access, that is uploaded, posted, submitted, linked to or otherwise transmitted using this ServiceBridge Service, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Subscriber Content or any information obtained by using ServiceBridge Service. You also agree that ServiceBridge may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the ServiceBridge Service. ServiceBridge may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
    4. You acknowledge and agree that (A) by using any of the ServiceBridge Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material, and (B) the records, documents, images and information posted on this Website by ServiceBridge or any other party may contain errors, omissions or typographical errors or may be out of date. Nevertheless, You agree to use the ServiceBridge Service at Your sole risk and that ServiceBridge shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Notwithstanding the foregoing, ServiceBridge reserves the right to monitor content on this Website and to remove content that ServiceBridge, in its sole discretion, determines to be harmful, offensive or otherwise in violation of applicable law, these Terms or the spirit of this Website. ServiceBridge is not responsible for any failure or delay in removing such material. ServiceBridge is not responsible for content made available on the Internet.
    5. All right, title, and interest in and to the ServiceBridge Services and content (other than Subscriber Materials), are and will remain the exclusive property of ServiceBridge and its licensors, including all Intellectual Property Rights (as defined below) therein, even if ServiceBridge incorporates any of Your Feedback (as defined below) into subsequent versions. The ServiceBridge Website, Content, and ServiceBridge Service are protected by copyright, trademark, and other laws of both the United States and foreign countries.
  5. Data Storage.

    You acknowledge and agree that ServiceBridge utilizes a third party for the operation of the ServiceBridge Service and for processing and storage of all Subscriber Content. As such, ServiceBridge cannot guarantee that You will always have access to the Subscriber Content, or the security of the Subscriber Content. You further acknowledge and agree that You are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the ServiceBridge Services.

  6. Termination.

    1. Termination of Subscription. Your use of the ServiceBridge Service is on a month-to-month basis. You can terminate your Subscription by notifying ServiceBridge of such termination, which shall be effective as of the last day of on the then-current Subscription period.
    2. Expiration or Termination of rights for Third Party Materials. ServiceBridge reserves the right to terminate these Terms and any licenses granted hereunder in the event any license for Third Party Materials is terminated for any reason.
    3. Termination for Default. ServiceBridge has the right to modify, suspend or discontinue, temporarily or permanently, the ServiceBridge Services, any licenses granted by ServiceBridge hereunder, and Your right to access or use any ServiceBridge Mobile Application at any time and without prior notice, for any reason, including without limitation: (1) attempts by You (or other party) to gain unauthorized access to the ServiceBridge Services or assist others in attempting to do so, (2) You (or other party) disabling any security features on the ServiceBridge Services, (3) Your violation of these Terms, (4) Your failure to pay for services ordered hereunder or any related charges, (5) Your suspected or actual infringement of a third party's intellectual property rights, or (6) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities of You incurred prior to the termination date shall survive the termination of these Terms for all purposes. YOU ACKNOWLEDGE AND AGREE THAT SERVICEBRIDGE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TAKING ANY ACTION AUTHORIZED IN THIS SECTION.
    4. In the event of any termination for any reason, ServiceBridge shall terminate your access to the ServiceBridge Services and the ServiceBridge App, and You shall (i) immediately pay all amounts due to ServiceBridge through the date of termination; (ii) at Your expense, permanently purge all copies of the ServiceBridge Content and ServiceBridge Apps from Your computers and mobile devices, and (iii) certify to ServiceBridge in writing that the foregoing duties have been performed and that You shall not in any way continue to use or permit the continued use of ServiceBridge Content and ServiceBridge Apps. You will have 30 days from such termination to download all of Your Subscriber Content, which will thereafter be deleted at ServiceBridge's discretion.
    5. Survival. Any provision of this Agreement that by its very nature or context is intended to survive any termination, cancellation or expiration thereof, shall so survive, and shall apply to respective successors and assigns.
  7. Fees.

    1. Subscriptions ("Subscriptions") for access to the ServiceBridge Service and the ServiceBridge Mobile App are set forth on the Fee Schedule then in effect (http://www.ServiceBridge.com/pricing/). ServiceBridge reserves the right, at any time and from time to time, to change its billing procedures hereunder effective upon posting such changes on this Website. Subscription fees are due in advance on the date Your Account is opened, and on the same day of each month thereafter (each, a "Due Date"). Any changes in such fees will take effect on the next Due Date.
    2. To purchase any Subscription on the ServiceBridge Services, You must be legally permitted to enter into a legally binding contract. Prior to the purchase of any Subscriptions on the ServiceBridge Services, You must, when prompted to do so, provide a valid credit card number and related payment information. By submitting that information, You hereby authorize ServiceBridge to charge Your credit card on each Due Date for such Subscriptions as set forth herein.
    3. All prices on this Website are quoted in U.S. currency, are valid and effective only in the United States, Canada and Puerto Rico and are subject to change at any time without notice. You shall be responsible for any tax or other governmental charge related to the sale, use or delivery of the merchandise or services. ServiceBridge shall automatically charge Your credit card and withhold the applicable tax for ServiceBridge Service as is required, however ServiceBridge's failure to do so shall not relieve You of any liability for such taxes. If ServiceBridge is unable to collect amounts owed on Your accounts, ServiceBridge may refer those accounts to a collection agency, and You will be responsible for all costs of collection.
  8. Permitted Use.

    1. You agree that, while using the ServiceBridge Services, You will at all times comply with ServiceBridge's Acceptable Use Policy https://www.servicebridge.com/acceptable-use-policy/.
    2. If You use the ServiceBridge Service to send any electronic communications to any third parties, You agree (i) that such use, and each such electronic communication, shall comply with all applicable laws, rules, regulations and guidelines; (ii) ServiceBridge will not be liable to You or any third party for such use by You; and (iii) You will indemnify and hold harmless ServiceBridge and its officers, directors, employees and affiliates from and against any and all liability or costs arising from or related to such use.
    3. All prices on this Website are quoted in U.S. currency, are valid and effective only in the United States, Canada and Puerto Rico and are subject to change at any time without notice. You shall be responsible for any tax or other governmental charge related to the sale, use or delivery of the merchandise or services. ServiceBridge shall automatically charge Your credit card and withhold the applicable tax for ServiceBridge Service as is required, however ServiceBridge's failure to do so shall not relieve You of any liability for such taxes. If ServiceBridge is unable to collect amounts owed on Your accounts, ServiceBridge may refer those accounts to a collection agency, and You will be responsible for all costs of collection.
    4. In order to cooperate with governmental requests, or to ensure the integrity and operation of ServiceBridge's business and systems, ServiceBridge may access and disclose any information it considers necessary or appropriate, including, without limitation, Your contact details, IP addressing and traffic information, usage history and posted content. You agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
    5. Your access to and use of the ServiceBridge Services, content and ServiceBridge website and is at Your own risk. ServiceBridge will have no responsibility for any harm to Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the ServiceBridge Services, content or ServiceBridge website.
    6. ServiceBridge Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile devices are not available in all languages or in all countries. ServiceBridge makes no representation that such ServiceBridge Service and Materials are appropriate or available for use in any particular location. To the extent You choose to access such ServiceBridge Service or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. ServiceBridge, and its licensors, reserve the right to change, suspend, remove, or disable access to any ServiceBridge Service at any time without notice. In no event will the ServiceBridge be liable for the removal of or disabling of access to any such ServiceBridge Services. ServiceBridge may also impose limits on the use of or access to certain ServiceBridge Services, in any case and without notice or liability.
  9. Privacy; Security; Intellectual Property.

    1. Digital Millennium Copyright Act Compliance. ServiceBridge has adopted and implemented a policy for Digital Millennium Copyright Act Compliance that permits the deletion of content that violates this policy, and that permits ServiceBridge to terminate the accounts of users who infringe or are believed to be infringing the rights of copyright holders. See ServiceBridge's DMCA Policy at http://www.ServiceBridge.com/dmca.
    2. Privacy. ServiceBridge will take all commercially reasonable measures not to disclose information about You or Your communications to any other party, except when ServiceBridge believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of ServiceBridge or others. Information about You may also be subject to ServiceBridge's Privacy Policy. You represent that You have read ServiceBridge's Privacy Policy and You consent to the collection, use and disclosure of Information about You as described in ServiceBridge's Privacy Policy. ServiceBridge's Privacy Policy's terms and conditions may change from time to time, and Your use of the ServiceBridge Services or any features will be deemed Your consent to such changes.
    3. Security. You acknowledge that it is Your responsibility to use a secure connection to communicate with and/or utilize this ServiceBridge Service. While ServiceBridge takes reasonable steps to safeguard and to prevent unauthorized access to Your information, ServiceBridge cannot be responsible for the acts of those who gain unauthorized access to ServiceBridge's or its Third Party's systems, and ServiceBridge makes no warranty, express, implied or otherwise, that ServiceBridge will prevent unauthorized access to Your information.
  10. Representation, Warranties and Covenants.

    1. In addition to the other commitments contained herein, the parties represent, warrant and covenant that they each have the right and authority to enter into these Terms, and that these Terms do not and will not conflict with or result in a breach or default of any term or provision of any agreement, obligation or duty to which either party is bound.
    2. You represent and warrant to ServiceBridge that (i) You are authorized to enter into and be bound by, and cause Your Company to be bound by, these Terms; (ii) to the extent You are agreeing to the Terms on behalf of Your Company's system administrator will be able to access any of Your Subscriber Content, including any geo-location information, and you will not hold ServiceBridge responsible for any such access; and (iii) you possess valid rights to use Third Party Materials; and (iv) the Subscriber Content does not and will not contain any matter that is obscene, defamatory or illegal or that infringes the intellectual property rights of any third party. In the event the Subscriber Content contains any matter that is obscene, defamatory or illegal or that infringes the intellectual property rights of any third party, You will immediately remove any such Subscriber Content.
    3. DISCLAIMER OF WARRANTY. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICEBRIDGE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICEBRIDGE SERVICES AND ALL CONTENT AND APPLICATIONS (INCLUDING Third Party MATERIALS) INCLUDED IN OR ACCESSIBLE FROM THE SERVICEBRIDGE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT PERMITTED BY LAW, SERVICEBRIDGE (FOR ITSELF AND ITS SUPPLIERS) DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE SERVICEBRIDGE SERVICES AND ALL CONTENT AND APPLICATIONS (INCLUDING Third Party MATERIALS) INCLUDED IN OR ACCESSIBLE FROM THE SERVICEBRIDGE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) SERVICEBRIDGE DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO, OR USE OF, THE SERVICEBRIDGE SERVICES CONTENT AND APPLICATIONS (INCLUDING Third Party MATERIALS) WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; AND (II) SERVICEBRIDGE DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF THIRD PARTY MATERIALS ACCESSED THROUGH THE SERVICEBRIDGE SERVICES. IN NO EVENT SHALL SERVICEBRIDGE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SERVICEBRIDGE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. YOU ACKNOWLEDGE AND AGREE THAT THE ONLY WARRANTIES ON ANY THIRD PARTY MATERIALS SHALL BE THE WARRANTIES INCLUDED WITH SUCH THIRD PARTY MATERIALS, IF ANY. TO THE EXTENT APPLICABLE TO THIRD PARTY MATERIALS, SERVICEBRIDGE'S SUPPLIERS SHALL BE DEEMED THIRD PARTY BENEFICIARIES OF THESE TERMS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  11. LIMITATION ON LIABILITY.

    UNDER NO CIRCUMSTANCES WILL SERVICEBRIDGE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF, OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICEBRIDGE SERVICES OR ANY CONTENT AND APPLICATIONS (INCLUDING THIRD PARTY MATERIALS) OR OTHER WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, BUSINESS INTERRUPTION, OR LOSS OF OR DAMAGE TO SYSTEMS OR DATA, EVEN IF SERVICEBRIDGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR ONLY REMEDY FOR ANY DISSATISFACTION WITH THE SERVICEBRIDGE SERVICES OR ANY CONTENT OR APPLICATIONS ACCESSIBLE HEREBY SHALL BE TO DISCONTINUE USE THEREOF. IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A YOU AND A THIRD PARTY VENDOR, YOU RELEASE SERVICEBRIDGE (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  12. Trademarks and Copyrights.

    Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on the ServiceBridge Services are owned by ServiceBridge or by third parties that have licensed their use to ServiceBridge. You may not download, copy, link to or print copies of the content of the ServiceBridge Services. Use of these marks or Website content, except as specifically permitted in these Terms or agreed to in writing by ServiceBridge, is strictly prohibited. You shall not store, electronically or otherwise, any significant portion of this Website.

  13. Indemnification.

    Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on the ServiceBridge Services are owned by ServiceBridge or by third parties that have licensed their use to ServiceBridge. You may not download, copy, link to or print copies of the content of the ServiceBridge Services. Use of these marks or Website content, except as specifically permitted in these Terms or agreed to in writing by ServiceBridge, is strictly prohibited. You shall not store, electronically or otherwise, any significant portion of this Website.

  14. Miscellaneous

    1. ServiceBridge shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or Subscription of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
    2. The terms "herein," "hereof" and "hereunder" and other words of similar import refer to these Terms, and any agreement into which these Terms are incorporated by reference. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations.
    3. These Terms, together with any agreement into which these Terms are incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms may be waived only in writing signed by an authorized representative of ServiceBridge. No waiver by ServiceBridge of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right that may be exercised at any subsequent time. If any provision hereunder shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder.
    4. Access to or use of the ServiceBridge Services by You shall not be construed as ServiceBridge's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Illinois. Your agreement to these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with the ServiceBridge Services or these Terms, the parties hereto consent exclusively to personal jurisdiction of the Federal or state courts located in the State of Illinois, County of Cook.
    5. These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but You may not assign, transfer or delegate its rights or obligations under these Terms without ServiceBridge's express prior written consent, and any attempt to do so without such consent shall be null and void. No right or remedy conferred upon or reserved to ServiceBridge by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon ServiceBridge by these Terms and by law shall be cumulative and in addition to any other right or remedy available to ServiceBridge. ServiceBridge has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to Your access to or use of the ServiceBridge Services. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to You. If You disagree with the changes to these Terms, You should discontinue Your use of the ServiceBridge Services. Any access to or use of the ServiceBridge Services after posting of modifications or additions to these Terms shall constitute and be deemed to be such Your agreement to such modified Terms.
    6. ServiceBridge welcomes your comments regarding these Terms. If you have any questions or comments regarding these Terms, or any of the services provided hereunder, please contact us electronically at info@servicebridge.com or via postal mail at the address provided below, and we will use commercially reasonable efforts to promptly respond.
ServiceBridge LLC
343 W Erie St.
Suite 600
Chicago, Illinois 60654
(312) 242-1891