Service Cafe Terms of Use

PLEASE PROMPTLY STOP USING THIS SITE IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS OF SERVICE.

  1. Definitions.
    1. "Terms of Service" refers to all terms contained in this agreement as well as this site's privacy policy and all other guidelines posted anywhere on Service Cafe.
    2. "Using" Service Cafe refers to accessing, crawling, scraping, browsing, or performing any other activities that connect to or make use of Service Cafe in any manner.
    3. The words "you" and "your" refer to you, the user who is reading this agreement.
    4. The words "we" and "us" refer to Service Cafe.
    5. "Content" refers to data or media in any form, including but not limited to text, photos, graphics, audio, and video.
      1. USER CONTENT: Any and all content submitted to Service Cafe or made available by users, collectively.
      2. YOUR CONTENT: Any and all content that you submit or make available, including but not limited to reviews, ratings, compliments, information, and invitations displayed as part of your profile.
      3. SERVICE CAFE CONTENT: Any and all content created or made available by Service Cafe.
      4. THIRD PARTY CONTENT: Any and all content created or made available by data providers who license data to Service Cafe for use on the site, or other parties other than Service Cafe or its users.
      5. SITE CONTENT: The sum total of all types of content defined previously.
  2. Eligibility.

    You must be at least 18 years old and a United States resident to use this site. If you use Service Cafe as an agent of any business entity, you must be an authorized representative of that business and you agree on behalf of that business to be bound to these Terms of Service. If you do not meet these eligibility requirements or if you do not have the authority to bind your company to these Terms of Service, you must not use this site.

  3. Permission to Use.

    We grant you permission to use Service Cafe under the restrictions described in these Terms of Service. You may at times be exposed to indecent, offensive, inaccurate, objectionable, and/or content that is otherwise inappropriate. We do not vouch for the accuracy of such content, and we do not encourage or endorse it.

  4. Restrictions.

    You agree to not directly or indirectly encourage or participate in any of the following activities:

    1. Violate the Service Cafe Terms of Service or any applicable law.
    2. Use Service Cafe to stalk, defraud, threaten, harass, or otherwise harm any other person.
    3. Attempt to gain unauthorized access to any part of the site, including user accounts, computer systems, or networks connected to the site, using password mining, hacking, or any other illegal or unethical methods.
    4. Cause excessive network traffic.
    5. Circumvent, remove, disable, damage, or interfere in any way with any of Service Cafe's security features that limit site use or prevent unauthorized copying of site content.
    6. Use Service Cafe for discriminatory or bigoted purposes.
    7. Use Service Cafe to affect natural search results in any way, including but not limited to keyword spamming.
    8. Use Service Cafe to submit, display, or transmit illegal or pornographic content.
    9. Use Service Cafe in any way that might create a conflict of interest or the appearance of a conflict of interest, for example, soliciting reviews or trading reviews with other businesses.
    10. Use the site to crack passwords or security encryption codes, disrupt or interfere with security, or for any purposes that interfere with security or cause harm to the site or site content.
    11. Use Service Cafe or content found within it as a means of transmitting destructive items including but not limited to viruses, worms, or Trojan horses (collectively, "viruses").
    12. Use Service Cafe to solicit information from minors or cause harm to minors.
    13. Omit or alter any part of Service Cafe's copyright, trademark, or other proprietary rights notices on anything you copy, print, or distribute from the site.
    14. Reverse engineer any part of Service Cafe, except as permitted under law.
    15. Data mine, process, or record any data about Service Cafe or its users.
    16. Use any software or device to interfere with the proper working order of the site.
    17. Exploit the site or site content (other than your content) through modification, adaptation, translation, sale, reproduction, distribution, trade, or creation of derivative works or adaptations of site content or the site itself.
    18. Use Service Cafe for commercial or promotional purposes not expressly allowed by the site.
    19. Access, scrape, or index this site or its content using any automated device, spider, site search/retrieval application, robot, or process as a means to (a) frame or reformat any part of Service Cafe, (b) build, develop, or populate a database of business-focused reviews, or (c) take any action that will impose, or, in the site’s opinion, may possibly impose an unreasonable load on our systems.
    20. Using Service Cafe in a manner that violates the rights of other users or third parties. This includes all rights, proprietary or intellectual, including but not limited to confidence, copyright, privacy, moral, patent, trademark, trade secret, and publicity.
  5. User Accounts.

    To access certain features of Service Cafe, you may need to log in using a Facebook account. If you do not have a Facebook account, you must create one to access these features. You are responsible for keeping your account password secure and for any activity associated with your account. You agree to notify us immediately if you know or suspect that an unauthorized person is using your account.

    1. "Personal Accounts" are those that you use for your own personal, non-commercial purposes. To ensure your credibility as a site contributor, you agree to provide accurate and complete information about yourself when creating your personal account. You may not create multiple personal accounts or provide another person’s e-mail address or impersonate another person in any way.
    2. "Business Accounts" are those that you use solely for representing a business. To create an account for your business, you must be an authorized representative of the business, and you must register using a Facebook account. You agree to submit accurate and complete information about yourself and the business when creating your business account. You may not create more than one business account for the same organization or register business e-mail addresses that you do not have permission to register.
  6. Content and Responsibility.

    Your content is solely your responsibility. Service Cafe bears no liability for your content. You assume any and all risks associated with your content, including but not limited to reliance on accuracy, completeness, or usefulness and disclosures that reveal your identity. You may not imply in any way that your content is endorsed or sponsored by Service Cafe. Upon posting content on Service Cafe, you represent that you own the posted content or you have permission to use it and to authorize its use for any other purpose.

    You may be exposed to liability if (a) your content violates any third-party right, including but not limited to rights involving copyright, patent, trademark, privacy right, publicity right, trade secret, moral right, or any other right, intellectual or proprietary; or (b) your content contains information that is false or intentionally misleading, defamatory information, information containing pornography or hate speech, information that harms or exploits minors, unlawful information, or information that violates or encourages others to violate laws or regulations.

  7. Content Permissions.

    You agree that your content may be displayed on Service Cafe, incorporated into other works, used for promotion, used to create derivative works, distributed, or used for any other lawful purpose. Others may also do the same in connection with their own websites or media platforms ("other media"). By posting your content or otherwise making it available, you grant irrevocable permission to use your content for any purpose and you consent to waive any moral rights, attribution claims, and assertions for your content. You also agree to grant access to your content to Service Cafe and users of other media in connection with their use of the site and any other media.

  8. Content Uses.

    We may remove or reinstate user content at any time and for any reason at our discretion. Specifically, we may remove content that is determined to violate our Terms of Service or that we believe to be inappropriate.

    To help distribute content widely and easily, some of the site content (also "feed content") is made available through Atom feeds and Real Simple Syndication (RSS) (collectively, "feeds"). Users may access feeds to display feed content on their websites, computers, handheld devices, or anywhere else provided that (a) such use is personal and not commercial, (b) displayed feeds link back to relevant pages on the site and attribute Service Cafe as the source, (c) you do not suggest through use or display of Feed Content that Service Cafe endorses or promotes any third-party causes, products, ideas, websites, or services, (d) you do not redistribute the feed content, and (e) Service Cafe's systems are not overburdened by your accessing the feeds. We reserve the right to terminate access to any feed at any time and for any reason.

    You do not own rights or any entitlements to compensation for advertisements that run alongside your content or anywhere else on the site. Advertising manner, mode, and extent are subject to change without notice.

  9. Unauthorized Access.

    We strictly and expressly forbid unauthorized access to Service Cafe. We reserve the right to use any means necessary to prevent unauthorized access, including but not limited to contacting your Internet Service Provider (ISP), mapping IP addresses, and using technological or programmatic barriers.

  10. Investigations.

    Service Cafe is under no obligation to monitor the site or its Content. However, if we believe a possible Terms of Service violation has occurred, we reserve the right to investigate, contact appropriate law enforcement personnel as necessary, and/or block you from the site. In compliance with the Privacy Policy listed on this page, information may be prudently disclosed, including some or all of your content.

  11. Account Termination.

    We may, at any time and for any reason or without cause, terminate or suspend your account or ability to use the site without notice or liability. For example, if we suspect that you are involved in illegal activity or you are found to be in breach of these Terms of Service, we may terminate or suspend your account. If your account is terminated or suspended, you may be prevented from accessing your account, your content, the site content, and/or any related data.

  12. Site Availability.

    We have the right to update, change, or discontinue Service Cafe at any time, for any reason, at our discretion, without notice or liability.

  13. Ownership.

    Service Cafe content elements include interactive features, computer code, products, compilations, visual interfaces, graphics, designs, software, aggregate user reviews and ratings, and all other elements of Service Cafe, including user and third-party content. These elements are owned by Service Cafe. Changing, distributing, reproducing, publicly displaying, creating derivative works or adaptations, or exploiting the Service Cafe content, in whole or in part, is prohibited unless expressly authorized by the site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights in and to Service Cafe and all site content. Also, all copyrights, trademarks, service marks, trade names, and intellectual and proprietary rights throughout the world ("IP Rights") that are associated with Service Cafe in any way, whether with its content or with the site itself, are also owned by the site, except where otherwise noted. These IP Rights are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.

  14. Third Parties.
    1. Some site features are powered by Google, Inc. Use of these features is governed by our Terms of Service and Google.com's Terms of Use, which reside at http://maps.google.com/help/terms_maps. Other features are powered by The Microsoft Corporation. These features are governed by our Terms of Service and The Microsoft Corporation's terms of use, located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy policy is located here: http://go.microsoft.com/fwlink/?LinkId21970. These URLs might have been changed.
    2. You may see links to other websites ("third party sites"). Responsibility for third party content lies with third party sites and not with Service Cafe. Third party sites are not endorsed or controlled by Service Cafe.
  15. Feedback.
    1. Site Improvements or Suggestions. If you have suggestions for enhancements to Service Cafe, use our Contact Us form. By sending us feedback in the form of suggestions, ideas, requests, or proposals, you certify that (a) similar feedback may already be in development or under consideration, (b) in regards to provided feedback, Service Cafe is under no express or implied obligation of confidentiality, (c) your feedback does not contain confidential or proprietary information regarding third parties, and (d) you grant Service Cafe an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the feedback and all improvements resulting from it.
    2. Dissatisfaction. To help us continually improve your user experience, we also invite you to share negative feedback with us by using our Contact Us page. However, terminating your account and discontinuing use of Service Cafe is the only way to fully remedy your dissatisfaction.
  16. Warranties, Disclaimers, and Limitations of Liability.
    1. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY SERVICE CAFE AS TO (A) SITE OPERATION OR FUNCTIONALITY, (B) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (C) ANY PRODUCTS AND SERVICES SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON SERVICE CAFE AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM SERVICE CAFE SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY SERVICE CAFE. USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
    3. ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY SERVICE CAFE. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY SERVICE CAFE; HOWEVER, SERVICE CAFE RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
    4. SERVICE CAFE DISCLAIMS ALL LIABILITY FOR ANY (A) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (B) PROFIT LOSS, (C) INTERRUPTION OF BUSINESS, (D) DAMAGE TO OR LOSS OF REPUTATION OF SERVICE CAFE OR ANY THIRD PARTY, OR (E) INFORMATION OR DATA LOSS.
    5. LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH SERVICE CAFE IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (B) U.S. $100.00.
    6. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON THE LENGTH OF A WARRANTY. IN THIS CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FULLY, BUT THEY WILL APPLY TO YOU TO THE FULLEST EXTENT OF THE LAW.
  17. Indemnity.

    You agree that you will indemnify and hold harmless Service Cafe and all of its parents, subsidiaries, related companies, licensors, partners, affiliates, and suppliers, as well as the officers, agents, directors, employees, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any demand or claim made by a third-party arising from (a) your Terms of Service violation, (b) your access to or use of Service Cafe, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You consent to cooperate with claims as Service Cafe, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. We will make reasonable efforts to make you aware of any claim, action, or proceeding. Without written consent from us, you may not settle any matter.

  18. Miscellaneous.
    1. The Terms of Service contain the entire agreement between you and Service Cafe for all instances and types of Site use.
    2. Either party's failure to exercise, in any respect, any right provided herein will not result in the providing of a waiver.
    3. This agreement supersedes all other prior agreements between you and Service Cafe.
    4. Both parties herein acknowledge that no reliance is placed on any direct or indirect representation contained in these Terms of Service.
    5. In the event that any provisions found in these Terms of Service are found to be unenforceable or illegal, those provisions will be eliminated or limited to the minimum extent necessary to make them enforceable and legal.
    6. These Terms of Service may not be interpreted as authorization of agency, employment, joint venture, or partnership. These Terms of Service do not give you authority to bind Service Cafe in any way.
    7. Section titles within the Terms of Service are listed for convenience only. They have no contractual or legal effect.
    8. Nothing contained in these Terms of Service confers rights or remedies to any third party, except where expressly noted.
    9. You may not assign, transfer, or sub-license these Terms of Service without first obtaining written consent from Service Cafe. Any assignment made in violation of these Terms of Service will be void. Service Cafe reserves the right to assign or transfer the Terms of Service without restriction.
    10. You agree that the State of California will govern any dispute regarding or involving Service Cafe without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in San Francisco county, California state, and United States federal courts.
    11. Service Cafe reserves the right to make occasional changes to these Terms of Service. We will notify you of any such changes by posting the revised Terms of Service on this page with a list of changes. Notifications may also be provided to you through e-mail or regular mail, but this is not mandatory. You agree to periodically revisit this page to read all changes. All changes are in effect as of the moment they are posted on this page. All future changes are binding to you through use of this Site. By continuing to use Service Cafe after we change the Terms of Service, you indicate agreement with all changes.
  19. Contact Information

    To report a Terms of Service violation or to ask a question about the Terms of Service, please contact our legal department.