Last Updated on August 15, 2018
Welcome to My Service Builder. We look forward to helping You grow your maintenance sales beyond anything you have done before, so you can take your business as far as you can imagine. This Agreement sets forth your rights and obligations as a My Service Builder User. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will abide by and be bound by its Terms.
By clicking “I Agree” to these Terms, transferring payment to MSB, and creating a User Account, You become a MSB User. There are various products and services available to Users, and monthly prices applicable to such products and services. MSB products, services, and prices are posted on the MSB website, and are subject to change without notice including, but not limited to MSB add-ons. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing MSB Your credit card information You authorize MSB to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of MSB services, and unless You terminate this agreement as provided herein, You agree that MSB may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
Your User contract with MSB begins when You click “I Agree,” and will continue month-to-month until either:
Any content on any MSB website may constitute the intellectual property of MSB. Except where expressly authorized, no material on any MSB website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The MSB trademark and logo are proprietary marks of MSB, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MSB or any of MSB affiliates.
You agree to protect, defend, indemnify and hold harmless MSB, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against MSB for liability for payments for, damages caused by, or other liability relating to, You.
MSB does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that MSB does not at any time provide sales leads or referrals to You. Additionally, MSB WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MSB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY MSB WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS IS AT YOUR SOLE RISK. MSB MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY MSB WEBSITE OR SERVICE IS AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY MSB WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY MSB WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY MSB WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The MSB websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any MSB website and these Terms, these Terms shall control.
YOU AGREE THAT IN NO EVENT IS MSB LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION THAT EXCEEDS THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MSB FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MSB OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
MSB is not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of MSB. Delays due to any of the above causes is not deemed to be a breach of or failure to perform under this Agreement. MSB is not required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
MSB may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without MSB or its assigns express written consent.
As a MSB User, You are required to create an account with MSB. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your MSB User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, MSB under Your User Account. You agree to immediately notify MSB of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that MSB is not liable, and You hold MSB harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
You grant MSB permission to use any and all photographs taken by MSB or its agents or employees, or submitted by You to MSB as well as all written endorsements of MSB that you send to us, or that you post on social media (photographs, social media posts, and messages sent to MSB are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of MSB or any product or service sold and marketed by MSB. You agree that this authorization to use Photographs may be assigned by MSB to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in MSB sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MSB in exchange for this Release and Assignment. You hereby release and forever discharge MSB from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
MSB has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
You further understand and agree that MSB has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software. MSB DOES NOT WARRANT THAT ANY MSB SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.
If You have any questions or complaints concerning any of the Terms, You may contact MSB by e-mail at firstname.lastname@example.org, or by regular mail at 504 1st Ave S. Altoona Iowa 50009.
If You believe that materials or content available on any MSB website infringes any copyright You own, You or Your agent may send MSB a notice requesting that MSB remove the materials or content from the MSB website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send MSB a counter-notice. Notices and counter-notices should be sent to MSB, Attention Legal Department, at 504 1st Ave S. Altoona Iowa 50009, or by e-mail to email@example.com.
MSB reserves the right to change these Terms, in whole or in part, from time to time at MSB sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms www.myservicebuilder.com/terms. By Your continued use of MSB services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by MSB of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to MSB under or related to these Terms must be in writing, addressed as follows:My Service Builder, LLC
Notices to You may be made by posting a notice (or a link to a notice) on www.myservicebuilder.com/terms, by e-mail, or by regular mail, at MSB discretion.
What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.
Is MSB GDPR Compliant? MSB has no intention of doing business with people or businesses in the EU. Everything in the MSB software and website is deisgned for North America. If you are in the EU and are thinking of creation a MSB Account, you are encouraged not to. If you proceed you will not be covered by the GDPR.