ServiceXRG reserves the right to modify these TOU at any time by posting an update to the Site. Your use of the Site following such update constitutes your agreement to be bound by these TOU as modified. NOTWITHSTANDING THE FOREGOING, THIS RIGHT TO MODIFY SHALL NOT INCLUDE THE AGREEMENT TO ARBITRATE SET FORTH BELOW. NO PART OF THE AGREEMENT TO ARBITRATE MAY BE AMENDED, DISCHARGED, MODIFIED, OR WAIVED EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.
- About ServiceXRG: (the “Purpose”).
- About the Services: ServiceXRG offers a range of coaching, assessment, and planning services in furtherance of the Purpose (“Services”). Certain Services are provided directly on the Site, and other Services are provided by other means of communication using the contact information you submit through the Site. Some Services may require payment of a fee (“Service Fee”). ServiceXRG does not accept payment of Service Fees through the Site.
- About the Site: The Site is provided by ServiceXRG to provide access to and information about the Services solely for your personal, non-commercial use. By browsing or interacting with the Site, you are a “Site User” for purposes of these TOU. To access certain features of the Site, including certain Services, Site Users will need to become a member (“Member”) by creating an account on the Site (“Account”). To create an Account, you must provide your name, email address, and other information that may be required for certain Services, as well as a username and password to access your account (collectively “Account Information”). In addition to the Services available on the Site, the Site enables Site Interactions (see Section 4) and provides ServiceXRG Content (see Section 5). As used in these TOU, references to use of the Site include use of Site Content and Site Interactions. You understand and agree that your use of the Site is subject to your continued compliance with these TOU.
- Site Interactions: The Site enables Site Users to interact with the Site for purposes of submitting information or contacting ServiceXRG (collectively “Site Interactions”). Creating an Account, registering for Services, and downloading ServiceXRG Content are also considered Site Interactions.
- Site Forms: Some Services or requests for information through the Site require you to submit information through a form provided on the Site (each a “Site Form”). Submitting a Site Form is considered a Site Interaction.
- Chats: The Site may enable Site Users to send messages and data to ServiceXRG and to engage in conversation with ServiceXRG through an application on the Site (“Chats”). Any messages or data sent through Chats are considered a Site Interaction.
- Consent to Transfer: To submit a Site Form, you may have to provide personal information such as your name and email. You may also provide personal information when you engage in a Chat. In connection with: (i) enabling and processing Site Forms and Chats, and (ii) fulfilling the transactions requested through Site Forms and Chats, ServiceXRG may utilize tools, products, and services provided by third parties (“Third Party Tools”). By submitting information or data through a Site Form or Chat, you expressly consent to ServiceXRG sharing your personal information with the companies that provide Third Party Tools.
- Service XRG Content: Except for Third Party Content as defined in Section 6, all text, images, graphics, sounds, writings, and other content that you see, hear, download, or otherwise experience on the Site or receive in connection with Services are owned or licensed by ServiceXRG (“ServiceXRG Content”). ServiceXRG Content includes, but is not limited to, the content described below in Sections 5(a)-(c).
- Assessment Reports: ServiceXRG may provide Site Users the opportunity conduct a self-assessment of their service capabilities. Preliminary results may be displayed on the Site and, if you complete a Site Form, you may receive a more detailed report based upon this self-assessment as a downloadable file by other means such as email (each an “Assessment Report”).
- Resources: ServiceXRG also may provide informational resources, which may be viewed on the Site or downloaded from the Site (“Resources”). Certain Resources are only available to Members.
- Blog Posts: The Site may display blog posts and identify the authors of such blog posts. ServiceXRG makes no endorsements as to any blog posts, authors, or the statements or views contained in the blog posts, nor does ServiceXRG screen blog posts or authors for accuracy or trustworthiness.
- License: Subject to these TOU, ServiceXRG grants you a limited, non-exclusive, non-transferable, and revocable license to access ServiceXRG Content for: (i) your personal, non-commercial use; or (ii) in connection with Services provided to a company, for your company’s internal, non-commercial use. ALL OTHER USES ARE EXPRESSLY PROHIBITED. This license does not give you ownership of or any intellectual property rights in ServiceXRG You may not reproduce, redistribute, transmit, assign, sell, broadcast, lease, modify, adapt, create derivative works of, sublicense, or otherwise transfer any ServiceXRG Content, unless we give you express permission in a written agreement signed by a ServiceXRG representative.
- Downloads: You acknowledge and agree that your access to any downloadable materials is made voluntarily and at your own risk. ServiceXRG will not be responsible for any damages you incur as a result of downloading ANY SERVICEXRG CONTENT.
- Third Party Content: The Site may display content or tools provided by third parties, links to third-party web pages, advertisements, and solicitations to purchase products or services (collectively “Third Party Content”). In consideration for the convenience of ServiceXRG making Third Party Content available or accessible to you, you acknowledge that ServiceXRG is not responsible for any such Third Party Content and ServiceXRG makes no representations as to the completeness or accuracy of such Third Party Content. You also agree that ServiceXRG is not responsible or liable for any losses or damages you experience with any Third Party Content you choose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you
- Your Responsibilities: You may use the Site and Services solely for your personal, non-commercial use, provided that you comply and remain in compliance with these TOU. You are responsible for obtaining access to the Site and Services and for any third-party fees incurred as a result (such as Internet service provider or airtime charges).
- Prohibited Conduct: You may not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Content or other information, tools, products, or services obtained from the Site;
- copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code;
- copy or reproduce Site Content or functionality to any other server or location for further reproduction or redistribution;
- use the Site to upload or distribute any type of malware;
- use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party’s use and enjoyment of the Site;
- access the Site by any means other than through the interface that is provided by ServiceXRG for use in accessing the Site;
- use, or attempt to use, the Site to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights;
- impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ServiceXRG, or otherwise attempt to mislead with respect to your identity; or
- use the Site or Services for any purpose or in any manner that is unlawful or prohibited by these TOU.
- Reservation of Rights: ServiceXRG reserves the right, in its sole discretion, to: (i) make changes to these TOU; (ii) make changes to the Site, Services, and Site Content; (iii) determine if you have violated these TOU; (iv) suspend or terminate your access to the Site and/or Services; and (v) take any other action we deem appropriate if we determine you have violated these TOU.
- Intellectual Property Rights:
- In General: The Site and ServiceXRG Content are protected by United States and foreign intellectual property laws. The ServiceXRG Content is the valuable intellectual property of ServiceXRG or its licensors or affiliates. ServiceXRG owns and retains all copyrights in ServiceXRG Content. Third Party Content may be subject to the intellectual property rights of third parties. Except as stated herein, none of the ServiceXRG Content may be copied, reproduced, or distributed in any form without the prior written permission of ServiceXRG.
- Trademarks: “Marks” means the trademarks and service marks of ServiceXRG, whether or not registered, including but not limited to ServiceXRGThe Marks are protected by United States and foreign intellectual property laws and are the valuable intellectual property of ServiceXRG or its licensors or affiliates. The appearance, layout, color scheme, and design of the Site are protected trade dress. Site Users do not receive any right or license to use any of the foregoing.
- Feedback: ServiceXRG may use for any lawful purpose, including to improve the Site or the Services, any suggestions or other feedback you provide, without payment or condition.
- Copyright Infringement and Copyright Agent: If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Site, please provide notice to the ServiceXRG Copyright Agent and include the following information (“Notice”):
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
- A description of where the material that you claim is infringing is located on a Site.
- Information sufficient to permit ServiceXRG to contact you, such as your physical address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The ServiceXRG Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Service Excellence Research Group, LLC
Groton, MA 01450
By email: firstname.lastname@example.org
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON THE SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
- Compliance with Laws: By accessing or using the Site or Services, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any ServiceXRG Content to countries or persons prohibited under the export control laws of the United States. ServiceXRG makes no representation that the ServiceXRG Content are appropriate or available for use outside the United States. If you have chosen to access the Site or Services from outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable.
- Legal Disclaimers: The Site is provided for the convenience of Site Users. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICEXRG AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, SERVICES, AND SERVICEXRG CONTENT. THE SITE, SERVICES, AND SERVICEXRG CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SERVICEXRG DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. SERVICEXRG DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR SERVICEXRG CONTENT ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITE OR DOWNLOADED MATERIAL OR DATA RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, SERVICEXRG IS NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS SERVICEXRG OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE, SERVICES, OR SERVICEXRG CONTENT. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF SERVICEXRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party products and services advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Indemnity: You agree to defend, indemnify, and hold harmless ServiceXRG and its affiliates and their respective officers, directors, employees, consultants, agents and licensors from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site or Services, (ii) your violation of any provision of these TOU, (iii) your violation of applicable law in connection with your use of the Site or Services, or (iv) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.
- Waiver and Severability: Any failure by ServiceXRG to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect.
- Entire Agreement: These TOU constitute the entire agreement between you and ServiceXRG with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.