IF YOU CAN'T OR WON'T COMPLY WITH THESE TERMS OF SERVICE, YOU MUST STOP USING THIS SITE.

1. Contacting Us.

   Please contact our legal department if you need to report a Terms of Service violation or ask a question about the Terms of Service.

2. Definitions.
   • "Using" Service Mountain is defined as accessing, browsing, crawling, scraping, or performing any other activities that connect to or make use of Service Mountain in some way.
   • "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 Mountain.
   • "Content" means any form of media or data, including but not limited to text, photos, graphics, audio, and video.
     • "User content" means all content submitted to Service Mountain or made available by users, collectively.
     • "Your content" means 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.
     • "Third party content" means all content created or made available by data providers who license data to Service Mountain for use on the site, or other parties other than Service Mountain or its users.
     • "Service Mountain content" means all content created or made available by Service Mountain.
     • "Site content" means all types of content mentioned above, collectively.
   • "We" and "us" refer to Service Mountain.
   • "You" and "your" refer to you, the user who is reading this agreement.
3. Eligibility.

   You must be at least 18 years old and a resident of the United States to use this site. If you use Service Mountain 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.

4. Use of the Site.

   We grant you permission to use Service Mountain 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.

5. Restricted Uses.

   You agree to neither directly nor indirectly participate in or encourage any of the following activities:

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

   To access certain features of Service Mountain, you may need to log in using a Facebook account. If you do not have a Facebook account, you will have to 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 are aware of or suspect unauthorized use of your account.

   • "Personal Accounts" are those that you use for your own personal, non-commercial purposes. To ensure your credibility as a valuable 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 personís e-mail address or impersonate another person in any way.
   • "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 entity, 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.
7. Responsibility for Content

   Your content is solely your responsibility. Service Mountain 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 Mountain. Upon posting content on Service Mountain, you represent that you own the posted content or you have permission to use it and to authorize its use for other purposes.

   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, trade secret, moral right, privacy right, publicity right, or any other right, intellectual or proprietary; or (b) your content contains information that is false or intentionally misleading, defamatory information, information containing hate speech or pornography, information that harms or exploits minors, unlawful information, or information that violates or encourages others to violate laws or regulations.

8. Content Permissions.

   You agree that your content may be displayed on Service Mountain, 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 Mountain and users of other media in connection with their use of the site and any other media.

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

   You don't own rights or entitlements to compensation for advertisements that run with your content or anywhere else on the site. Advertising mode, manner, and extent are subject to change without notice.

10. Unauthorized Access.

    Unauthorized access to Service Mountain is strictly and expressly forbidden. We reserve the right to use any means necessary to prevent unauthorized access. This includes but is not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using technological or programmatic obstructions.

11. Investigations.

    We are 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 site, information may be prudently disclosed, including some or all of your content.

12. Third Parties.
    1. You may see links to other websites ("third party sites"). Responsibility for third party content lies with third party sites and not with us. Third party sites are not controlled by, endorsed by, or affiliated with Service Mountain.
    2. Some of Service Mountain's features are powered by Google, Inc. Use of these features is governed by our Terms of Use 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 their 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.
13. Site Availability.

    We may change, update, or discontinue Service Mountain at any time, for any reason, at our discretion, without notice or liability.

14. Account Termination.

    We may, for any or no reason and at any time, 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.

15. Ownership.

    Service Mountain 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 Mountain, including user and third-party content. These elements are owned by Service Mountain. Changing, distributing, reproducing, publicly displaying, creating derivative works or adaptations, or exploiting the Service Mountain 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 Mountain 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 Mountain 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.

16. Feedback.
    1. Site Improvements or Suggestions. If you have suggestions for enhancements to Service Mountain, 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 Mountain 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 Mountain 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 Mountain is the only way to fully remedy your dissatisfaction.
17. Indemnity.

    Users agree that they will indemnify and hold harmless Service Mountain and all of its parents, subsidiaries, related companies, licensors, partners, affiliates, and suppliers, as well as the officers, employees, agents, directors, 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 Mountain, 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 Mountain, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. Unless you have written consent from Service Mountain, you may not settle any matter. We will make reasonable efforts to make you aware of any claim, action, or proceeding.

18. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
    • ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY Service Mountain. 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.
    • 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 Mountain. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY Service Mountain; HOWEVER, Service Mountain RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
    • Service Mountain DISCLAIMS ALL LIABILITY FOR ANY (1) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (2) PROFIT LOSS, (3) DAMAGE TO OR LOSS OF REPUTATION OF Service Mountain OR ANY THIRD PARTY, (4) INTERRUPTION OF BUSINESS, OR (5) INFORMATION OR DATA LOSS.
    • 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.
    • LIMITED TO THE GREATER OF (1) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH Service Mountain IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (2) U.S. $100.00.
    • NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY Service Mountain AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) 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 (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON Service Mountain AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. Service Mountain 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 Mountain SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
19. MISCELLANEOUS
    • The Terms of Service contain the entire agreement between you and Service Mountain for all instances and types of Site use.
    • This agreement overrides any and all other previous agreements between you and Service Mountain.
    • Both parties herein acknowledge that no reliance is placed on any direct or indirect representation contained in these Terms of Service.
    • Either party's failure to exercise, in any respect, any right provided herein will not result in the providing of a waiver.
    • Section headings within the Terms of Service are included for convenience only and have no contractual or legal meaning or effect.
    • 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.
    • You may not assign, transfer, or sub-license these Terms of Service without Service Mountain's written agreement. Any assignment made in violation of these Terms of Service will be void. Service Mountain reserves the right to assign or transfer the Terms of Service without restriction.
    • 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 Mountain in any way.
    • These Terms of Service give no rights or remedies to any third parties unless expressly noted.
    • You agree that the State of California will govern any dispute regarding or involving Service Mountain 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.
    • Service Mountain reserves the right to make necessary 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 required. 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 Mountain after we change the Terms of Service, you indicate agreement with all changes.