General Terms and Conditions
(Applies to all Users)
Welcome to the User Agreement for idsv.net. The following
describes the terms on which idsv offers you access to our
services and products.This agreement describes the terms
and conditions applicable to your use of our services
available under the domain and sub-domains of www.idsv.net,
www.idsventures.com and the general principles for the Web
sites of our other divisions or subsidiaries as they may
exist. If you do not agree to be bound by the terms and
conditions of this agreement, please do not use or access our
services. By using our website or registering for our
services, or purchasing our products either as Buyer or
Provider you accept the terms of this User Agreement. In
addition, you must indicate your specific agreement to the
items specified in either the "Service Provider" or "Buyer"
sections below.
You must read, agree with and accept all of the terms and
conditions contained in this User Agreement and our other
policies, which include those terms and conditions expressly
set out below and those incorporated by reference, before you
may become a user of IDSV.net
We strongly recommend that, as you read this user
agreement, you also access and read the information contained
on the other pages and Web sites referred to in this document,
as they may contain further terms and conditions that apply to
you as a IDSV user.
We may amend this agreement at any time by posting the
amended terms on our web site. Except as stated below, all
amended terms shall automatically be effective immediately
after they are posted on our site. In addition, we will notify
you in accordance with your notification preferences. This
agreement may not be otherwise amended except in a writing
signed by you and IDSV.
Eligibility to use our services
Our services are available only to corporate or other
entities, or individuals who can form legally binding
contracts under applicable law. Without limiting the
foregoing, our services are not available to minors, to anyone
under 18 years of age, or to temporarily or indefinitely
suspended IDSV members. If you do not qualify, please do not
use our services. Further, your IDSV account (including
feedback) and User ID may not be transferred or sold to
another party which is unrelated to you. If you are
registering as a business entity, you represent that you have
the authority to bind the entity to this agreement.
Fees and services
We may change our fees and credits policy and the fees for our
services from time to time. Our changes to the policy are
effective immediately. We may choose to temporarily change our
services or promotional events. We may in our sole discretion
change some or all of our services at any time. In the event
we introduce a new service, the fees for that service are
effective at the launch of the service.
All fees are quoted in U.S. Dollars. You are responsible
for paying all fees associated with using our service and our
Web site and all applicable taxes, if any.
Our web site ComputerRepair.com is a venue
Our site acts as a venue to allow computer service providers
("Providers") and buyers of computer services ("Buyers") to
offer, sell, and buy at any time, from anywhere in a fixed
price format. We are not involved in the actual transaction
between Buyers and Providers. As a result, we have no control
over the quality, safety or legality of the services offered
or advertised, the truth or accuracy of the services or the
ability of Providers to provide services. We cannot ensure
that a Buyer or Provider will actually complete a transaction.
Identity verification.
We use many techniques to identify our Users when they
register on our site. However, because user verification on
the Internet is difficult, although IDSV does attempt to verify
credentials of all service providers, IDSV cannot and does not
confirm each User's purported identity. Thus, we have
established a user-initiated feedback system to help you
evaluate service providers. We encourage you to communicate
directly with potential Providers through the tools available
on our site.
Release.
Because we are a venue, in the event that you have a dispute
with one or more Users, you release IDSV (and our officers,
members, agents, subsidiaries, joint ventures and employees)
from all 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.
If you are a California resident, you waive California Civil
Code § 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the
debtor."
Information control
We do not control the information provided by othes that is
made available through our system. You may find others
information inaccurate or deceptive. Please use caution,
common sense, and practice safe business when using our site.
Third-Party Link and Content Disclaimer
Links contained in the IDSV website may cause a User to leave
the website. Such linked websites are not under the control of
IDSV and IDSV is not responsible for the contents of any linked
website or information contained in a linked website, or any
changes or updates to such website . IDSV provides these links
from the IDSV website only as a convenience, and the inclusion
of any link does not imply any endorsement of the website or
any of its contents. All users use materials and information
in third-party websites at their own risk.
Your information
Definition.
"Your Information" is defined as any information you provide
to us or other users in the registration process, in any
public message area or through any email feature. You are
solely responsible for Your Information, and we act as a
passive conduit for your online distribution and publication
of Your Information.
Restricted activities.
Your Information and your activities on the site shall not:
be false, inaccurate or misleading;
be fraudulent or involve the providing of services for which
you are not qualified;
infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or
privacy;
violate any law, statute, ordinance or regulation (including,
but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false
advertising);
be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing;
contain any viruses, Trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines
that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information;
create liability for us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers; or
link directly or indirectly to or include descriptions of
goods or services that are prohibited under this Agreement.
Furthermore, you may not consummate any transaction that was
initiated using our service that, by paying to us any fees
could cause us to violate any applicable law, statute,
ordinance or regulation.
License.
Solely to enable IDSV to use the information you supply us
with, so that we are not violating any rights you might have
in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have
in Your Information, in any media now known or not currently
known, with respect to Your Information. IDSV will only use
Your Information in accordance with our other policies.
Access and interference
Our Web site contains robot exclusion headers and you agree
that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our Web pages or
the content contained herein without our prior expressed
written permission.
You agree that you will not use any device, software or
routine to bypass our robot exclusion headers, or to interfere
or attempt to interfere with the proper working of the IDSV
site or any activities conducted on our site.
You acknowledge the patent application filed by IDSV and
will not take any actions which violate that patent
application or are otherwise not consistent therewith,
including any unauthorized use of the IDSV System.
You agree to receive all email/electronic transmissions
sent by IDSV in connection with or relating to the IDSV System.
It is the policy of IDSV not to transmit unrequested email.
Much of the information on our site is updated on a real
time basis and is proprietary or is licensed to IDSV by our
users or third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly
display any content (except for Your Information) from our Web
site without the prior expressed written permission of IDSV or
the appropriate third party.
Breach
Without limiting other remedies, we may immediately remove you
from our system, warn our community of your actions, issue a
warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our services
to you if:
you breach this Agreement or the documents it incorporates by
reference;
we are unable to verify or authenticate any information you
provide to us; or
we believe that your actions may cause financial loss or
legal liability for you, our Users or us.
No Warranty
We, our subsidiaries, employees, joint venture partners and
our suppliers provide our Web site and services "as is" and
without any warranty or condition, express, implied or
statutory. We, our subsidiaries, employees, joint venture
partners and our suppliers specifically disclaim any implied
warranties of title, merchantability, fitness for a particular
purpose and non-infringement. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights that vary from
state to state.
Force Majeure
In the event IDSV's delivery of its services is delayed,
prevented or otherwise made impracticable by reason of any
acts of God, floods, earthquakes, or other natural
catastrophes; national emergencies, strikes, lockouts or other
labor difficulties; computer "hacking" attack or computer
virus; any law, order, regulation or other action of any
governing authority; or any other cause beyond IDSV's
reasonable control, IDSV shall be excused from such delivery to
the extent that its delay is prevented by such cause.
Modifications to Terms of Service
IDSV reserves the right to amend the terms of service that
govern the User Agreement and the website at any time by
posting a revised version of the terms of service on the
website or by sending information regarding any amendment to
the terms of service to the email address you provide to IDSV.
Each User is responsible for regularly reviewing the User's
continued use of the Terms of Service after such amended terms
of service have been posted or information regarding such
amended terms of service has been sent to User shall be deemed
acceptance by user's amended terms of service.
Liability limit
In no event shall we, our subsidiaries, employees, joint
venture partners or our suppliers be liable for lost profits
or any special, incidental or consequential damages arising
out of or in connection with our site, our services or this
agreement (however arising, including negligence).
Our liability, and the liability of our subsidiaries,
employees, joint venture partners and suppliers, to you or any
third parties in any circumstance is limited to the greater of
the amount of fees you pay to us in the 3 months prior to the
action giving rise to liability, and $100. Some states do not
allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion
may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, members, agents,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement or the documents
it incorporates by reference, or your violation of any law or
the rights of a third party.
Legal compliance
You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations
regarding your use of our service and your listing, purchase,
solicitation of offers to purchase, and sale of items and
services.
No agency
You and IDSV are independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by
this Agreement.
Notices
Except as explicitly stated otherwise, any legal notices shall
be given by postal mail to:
Computer Repair Systems, LLC ("IDSV") Attn: Legal Department
951 Clint Moore Road., Boca Raton, FL 33487.
Notice shall be deemed given 24 hours after it is sent.
Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address
provided to IDSV during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or legal claim arising out of or relating to
this User Agreement or our services, excluding legal action
taken by IDSV to collect our fees and/or recover damages for,
or obtain an injunction relating to, the IDSV site operations,
intellectual property, and our services, shall be settled by
binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party.
The arbitration shall be conducted in a location of our
choice, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or IDSV
may seek any interim or preliminary relief from a court of
competent jurisdiction in a location of our choice necessary
to protect the rights or property of you or IDSV pending the
completion of arbitration. Should either party file an action
contrary to this provision, the other party may recover
attorney's fees and costs.
General
This Agreement shall be governed in all respects by the laws
of the State of Florida as such laws are applied to agreements
entered into and to be performed entirely within Florida
between Florida residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation
of our site may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced.
You agree that this User Agreement and all incorporated
agreements may be automatically assigned by IDSV, in our sole
discretion, to a third party in the event of a merger or
acquisition or similar corporate transaction.
Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of
such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to
subsequent or similar breaches.
This Agreement together with the following Additional Terms
Sections sets forth the entire understanding and agreement
between us with respect to the subject matter hereof. Except
as otherwise indicated, all provisions of the User Agreement
shall survive any termination or expiration of this Agreement.
Disclosures
The services hereunder are offered by IDSV, located at 951
Clint Moore Road, Boca Raton, FL, 33487.
Disputes between you and IDSV regarding our services may be
reported to Client Support.
Additional Terms and Conditions for Service Providers
Your On-Line Office™ and Selling Service
Listing description.
You must describe your services and all terms associated with
the delivery of such service. Your On-Line Office™ may only
include text descriptions, a logo or picture and other content
relevant to the your services.
Accepting Work Orders.
If you receive a service request and accept, you are obligated
to complete the transaction with the Buyer unless there is an
exceptional circumstance.
Fraud.
Without limiting any other remedies, IDSV may suspend or
terminate your account if we suspect that you have engaged in
fraudulent or other inappropriate activity in connection with
our site.
Manipulation.
You may not manipulate the price of any item nor may you
interfere with other users' transactions.
Feedback
Integrity.
You may not take any actions that may undermine the integrity
of the feedback system. If you earn a negative feedback your
membership may be suspended, and you may be unable to use our
system.
Export.
You acknowledge that your feedback consists of comments left
by other users and a composite feedback number compiled by
IDSV, and that the composite number without the comments does
not convey your full user profile. Because feedback ratings
are not designed for any purpose other than for facilitating
service request decisions between IDSV Users, you agree that
you shall not market or export your IDSV feedback rating in any
venue other than a IDSV operated Web site. You agree that IDSV
shall have no liability to you relating to the feedback
system.
Import.
We do not provide you the technical ability to import feedback
from other (non-IDSV operated) web sites to IDSV because a
composite number, without the corresponding feedback does not
reflect your true online reputation within our community.
Each Service Provider by using the IDSV System represents to
and agrees with IDSV as follows:
Such Provider is a completely independent contractor with no
other ties to or, relationship with, IDSV.
Such Provider is in good standing, is not in violation of any
applicable federal, state or local laws, rules or regulations,
and has made and will make all required regulatory filings,
including state sales tax filings. Provider shall file all
necessary legal documentation relating to his self-employment
required by any federal, state or local governmental body, and
pay, in a timely manner, all pertinent self-employment taxes
pursuant to federal, state, and local legal requirements,
including, but not limited to, self-employment taxes pursuant
to Internal Revenue Code ("IRC") Sections 1401-1403, estimated
federal income tax payments pursuant to IRC Section 6654, and
any state or local self-employment or income tax. Such
Provider has workers compensation and all other required
insurance.
Such Provider will submit an invoice separately indicating the
service fee, any parts changes, and applicable state sales tax
for each work order. The Provider agrees that IDSV shall deduct
the applicable fee as set forth on the Fee Schedule before
arranging for payment to the Provider by Buyer. The Provider
also agrees that IDSV may deduct a fee for each authorized
payment from the Provider's IDSV account to his designated
checking account.
Such Provider acknowledges that IDSV has expended significant
sums to create its network, which network is proprietary and
is covered by an application pending in the U.S. Patent
Office. Such Provider will not attempt to circumvent the IDSV
System in any way, including dealing outside of the IDSV System
with any party introduced to the Provider through the IDSV
System.
Additional Terms and Conditions for Buyers of Repair Services
Identity verification.
We use many techniques to identify Providers when they
register on our site. However, because user verification on
the Internet is difficult, IDSV cannot confirm each Provider's
purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate Providers. We encourage
you to communicate directly with potential Providers through
the tools available on our site.
Work Order Creation - Buying Service
As a Buyer, you are obligated to complete the transaction with
the service provider if you:
Create a work order, route it to a Provider for acceptance,
and the Provider accepts and incurs costs associated with it.
By selecting certain Providers you agree to be bound by the
conditions of service included in the service providers
On-line Office™ so long as those conditions are not in
violation of any of our agreements. Work orders are not
retractable once accepted.
Manipulation.
You may not manipulate the price of any item nor may you
interfere with other users' transactions. Each Buyer, by using
the IDSV System, represents to and agrees with IDSV as follows:
1.Such Buyer agrees to pay to IDSV the fee specified on the
applicable Fee Schedule each time it enters a work order
request. The fee shall be automatically deducted from the
Buyer's IDSV Account. Once a work order has been entered the
fee will be deducted.
2.Such Buyer acknowledges that IDSV has expended significant
sums to create its network, which is proprietary and is
covered by our application pending in the U.S. Patent Office.
Each Buyer will not attempt to circumvent the IDSV System in
any way, including dealing outside of the IDSV System with any
Provider introduced to the Buyer through the IDSV System. In
addition, no Buyer may employ directly any such Provider. As
liquidated damages for failure to comply with the foregoing a
Buyer will pay to IDSV immediately upon demand either:
(a) ten times the value of the service provided outside the
IDSV System; or
(b) one-third of the full-year compensation of any Provider
employed or contracted.
Terms of Service
By completing the registration process and clicking the "I
accept" button, you agree to be legally bound by all of the
terms and conditions set forth in the IDSV Policies,
specifically including the provisions relating directly to
Buyers and Providers, as the case may be.
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