Services Select

ServedWell


Terms & Conditions 

Welcome to the Services Select, ServedWell web site located at www.servicesselect.com, www.servedwell.com (“these Sites” or “this Site"), which is owned by Services Select Franchise Company, LLC ("Services Select" also DBA: “ServedWell”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these "Terms"), including but not limited to conducting this transaction electronically, disclaimers of warranties and a choice of Tennessee law. 

 
These Terms are effective as of March 20, 2006.  This agreement was most recently updated May 27, 2020.

 

1. Site Content 

All contents of this Site are: ©2006 Services Select Franchise Company, LLC. DBA: ServedWell, All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the "Content"). Except as provided in these Terms, you may not use, modify, republish, frame, license, monetize, transfer, post, transmit, exhibit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express written permission of Services Select, ServedWell. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Services Select, ServedWell's intellectual property or other rights. 

2. Information You Provide To Us 

Upon using the Services Select, ServedWell website, you will be prompted to disclose certain information about yourself. By providing this information to us, you warrant that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current, or incomplete, or Services Select, ServedWell has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Services Select, ServedWell has the right to refuse any current or future use of this Site by you. When establishing your account, a personalized user name and password combination may be created for you or in some circumstances a user will create their own user name and password combination to provide access to the account and the functionality of the site. Services Select, ServedWell highly recommends you change the password provided to you immediately upon its issuing for increased security and personalization.
You are solely responsible for making this change, and for keeping your password and other credentials secure and confidential. You are responsible for any use of this Site by persons to whom you intentionally or negligently allow access to your password or any other means of access. You agree to notify Service Select immediately upon learning of any breach or possible breach to your account. Services Select, ServedWell disclaims all responsibility and liability regarding your account access, usage, or security Your creation of an account acknowledges that you agree to receive various communications connected with our site. You may receive consumer reviews regarding your business, special offers, for example, as well as account related and other correspondence from us, our partners, subsidiaries, or affiliates. You agree that all communications, agreements, documents, disclosures, and notifications, provided to you digitally by us, whether by email or otherwise, shall satisfy all legal obligations that such correspondence be conducted in writing.  Any documents or transmissions we send to you will be deemed delivered and effective upon our sending of such correspondence to the email address you provide in your account, or to any alternate email address you have otherwise used to correspond with us. Users may receive special or related offers based on their geolocation and/or proximity to nearby Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher merchant companies, and in relation to zip codes of interest including the business zip code delineated on a previously purchased Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher. You have the ability to make adjustments to the type of communications you receive from us in your account settings.



3. Your Use of the Services Select, ServedWell Website 

You acknowledge and agree that your use of this Site is for your personal use and not for any commercial or marketing purposes, unless you are a business owner submitting data for a business listing.
You further affirm Services Select, ServedWell’s right in our sole discretion to delete, alter, remove, or otherwise keep from posting any content you or other parties may post or submit. You agree that we may remove or reinstate reviews, in our sole discretion, that we deem inappropriate, inaccurate, objectionable, or for any other reason without notification. You agree that all of the content and information posted on this Site, including but not limited to any testimonials provided by you, or reviews posted by consumers are the sole and exclusive property of Services Select, ServedWell, and that you have no right to reproduce, post, publish, or otherwise use or exploit such information other than for your personal use and as our provided features are intended for use except as provided in these Terms. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Services Select, ServedWell for any such damages, and will indemnify Services Select, ServedWell in the event of any third party claims against Services Select, ServedWell based on or arising from your violation of the foregoing. We reserve the right to revoke your access to this Site and any services at any time for any reason. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Services Select, ServedWell, in its sole discretion, that you are misusing or attempting to misuse this Site, or are using or attempting to use this Site for any inappropriate, malicious, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, deep-linking, scraping, data mining, employing bots or spiders, doxing, fraud, advertising, jamming, spamming, using the site and services with the intention of extracting or manipulating the source code, reproducing or reverse engineering our technology, and acting in any way to become or create increased competition for us. Services Select, ServedWell reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. 

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS, E-MAIL ADDRESS, OR COMPANY NAME IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SERVICES SELECT, SERVEDWELL AND IT'S SEAL OF SATISFACTION RECIPIENT COMPANIES, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU INPUT FALSE INFORMATION IN A REVIEW, INCLUDING BUT NOT LIMITED TO A THIRD PARTY'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS, COMPANY NAME OR PHONE NUMBER OR A RANDOM OR MADE-UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SERVICES SELECT, SERVEDWELL AND EACH AFFECTED SERVICES SELECT, SERVEDWELL LISTED BUSINESS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $1,000 TO SERVICES SELECT, SERVEDWELL AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER. 

When utilizing email or text messaging services available within this system, and with regard to all of your correspondences, solicitations, and communications involving consumers you agree and warrant that you have obtained proper and explicit authorization for such solicitation and correspondence in accordance with the CAN-SPAM ACT from the client or prospect requesting/receiving these communications.

Notice: If you elect to use text features available through our site, you grant Services Select, ServedWell express permission to make your telephone number public and available to the party receiving such messages. You assume sole responsibility for using all text related features offered through our site including any charges levied by your provider, and the possibility of being blacklisted or otherwise having your service interrupted or discontinued by your phone service provider, or other entity, related to or as a consequence of your use. We have placed certain constraints on the volume of bulk texts allowable within our system. Services Select, ServedWell expressly disclaims any possible implied guarantee that the limitation on your text volume will in any way protect you or be deemed sufficiently within acceptable limits by your service provider or other controlling entity.

4. User Content, Ideas, and Feedback

Any submission made to Services Select, ServedWell, our sites, or in any manner conveyed to us will immediately become the property of Services Select, ServedWell. By submitting content to us or the sites you thereby grant Services Select, ServedWell a royalty-free license which is universal in scope, cannot be revoked, and endures in perpetuity. The license grants Services Select, ServedWell the full and unlimited right to use, profit from, sell, alter, encumber, create derivative works from, exhibit, publish, and otherwise exploit the content in any way, in any of its possible forms or manifestations, utilizing any mode or methodology, upon any conceivable platform, or in any forum, in our sole discretion without liability to you. Services Select, ServedWell further expressly disclaims any moral or other claim that attribution or compensation for any submission is due to you.

You acknowledge and agree that all user content you convey, submit, or otherwise make available to the site or through our services is your sole responsibility. As such you affirm and warrant that you are either the sole and undivided owner of the content, or that you possess all rights, licenses, permissions, and other considerations or releases necessary to effectively grant Services Select, ServedWell the full battery of rights in such user content that it is afforded by these Terms as set forth. You further agree that content you submit, transmit, post, or otherwise make available through the site or services will not in any way violate, usurp, or infringe on any third party’s intellectual property rights, trademark, or other proprietary, moral, or patent rights, nor violate, usurp, or infringe on any right or expectation of privacy or attribution and shall in no way result in the violation of any law or regulation of applicable jurisdiction.

Services Select, ServedWell does not actively seek to collect personally protected information, including personal health information, from users of the site.  Our intent is to manage any Protected personal information we receive, process, store, or otherwise utilize in accordance with HIPAA standards. Such protected information, when obtained as part of a recipient company’s participation in advanced features of our site, will be accompanied by express written consent between the parties.

 

 

5. Modifications To Terms and Site 

Services Select, ServedWell may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site. 

Services Select, ServedWell also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Service Select may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Services Select, ServedWell will not be liable to you or any third party in the event that Services Select, ServedWell exercises its right to modify or terminate access to this Site, to portions of this Site, or to make material or other consequential changes to the site without notice including in the event that you notify us such changes would cause loss or damage to you. 

6. Third Party Sites 

As a convenience to you, Services Select, ServedWell may provide links to web sites and access to content, products and services of third parties, including without limitation, Services Select, ServedWell's affiliates and strategic partners, Award Recipient Companies, businesses with listings, offers, and other entities ("Linked Sites"). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use such Linked Sites. Services Select, ServedWell does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Services Select, ServedWell, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You are solely responsible for vetting providers, made available through any linked site, regarding their ability to satisfactorily perform or deliver advertised services or goods and the quality thereof, their solvency, and attainment of all licensing, bonding, accreditation, or other qualifying standards requisite for legal and professional performance.
Merchants are solely responsible for all aspects of any customer loyalty programs they may offer. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site. 

7. Seal and Non-Seal Recipient Pre-screening Procedures & Disclaimers 

Services Select, ServedWell uses required information submitted as part of its "List Your Business" registration enrollment process ("Registration") for businesses applying for listing their company information and/or cost saving offer on the website. 

Services Select, ServedWell may change its prescreening procedures from time to time at the sole discretion of Services Select, ServedWell. Services Select, ServedWell believes that it uses commercially reasonable methods to check these matters, but does not make any representations or warranties that Seal or non-Seal of Satisfaction award recipient companies are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period their company information and/or cost saving offer is listed, or thereafter. As circumstances can change daily, Services Select, ServedWell advises consumers to confirm and investigate such matters for themselves. Services Select, ServedWell does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Services Select, ServedWell checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third-party sources. 

 

 

8. Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers and Seal Deals Points and Deserved Deals Points

Services Select, ServedWell distributes Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers, on behalf of Seal Deals Merchant Companies, which may be purchased by consumers. Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers are redeemable for goods and services which are offered by and the sole responsibility of the Merchant Company delineated on the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher.  Your use of the site, redemption of Seal Deals Points, ServedWell Deserved Deals Points, or participation in the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher Program affirms your agreement to abide by the Terms and Conditions in their entirety including as specified below. The Merchant has sole responsibility for all aspects of and liabilities pertaining to the offering and redemption of Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers including, but not limited to, the level of quality for all goods and services provided to you, completeness of performance, and any harm, damages, expenses, claims, or other liabilities you may incur, directly or indirectly. Services Select, ServedWell makes no representation that the prices offered as part of the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher Program are the lowest or best prices available, and we expressly disclaim any liability for errors in pricing, product display/description, or offer representation. Services Select, ServedWell reserves the right to cancel or deny any Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher purchase, or otherwise limit quantities of Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers available for purchase, in our sole discretion. You affirm our right to change Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher terms, conditions, and/or availability at any time without notice or liability. You acknowledge and agree that it is incumbent on you to read, understand, and rely on any warnings or directions provided with products or services facilitated through the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher program, before use. Any applicable sales tax or delivery fees will be included at the time of checkout. If you find a product or service to be different than as described or in any other way unsatisfactory, you agree that your sole source for pursuing any possible remedy or other consideration is the Merchant Company, and you further agree to release and indemnify Services Select, ServedWell , and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners from any liability or other responsibility regarding any such matter or claim.

Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers have no cash value. Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers are transferable following our established guidelines. Individual Seal Deals Voucher(s), ServedWell Deserved Deals Gift Card Voucher(s) may be purchased for immediate use and you can build an inventory of Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers within your personal account which can be utilized for personal use or transferred to another account holder any time prior to the Voucher’s expiration date. Should the transferee not currently have a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher account established, upon receiving the transfer notification they will be prompted to set up an account at that time allowing them to accept the transfer By accepting transferred Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers, the transferee agrees to become accountable for all terms and conditions listed herein, and additional obligations, waivers, disclaimers, including minimum purchase requirements as established during the initial Seal Deals Voucher’s, ServedWell Deserved Deals Gift Card Voucher’s issuance.  After a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher reaches its expiration date it becomes void and cannot be redeemed, refunded, and is not eligible for any credit. The feature allowing a user to build an inventory of Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher(s) and/or to transfer Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher(s) to another account is intended for personal use only and is strictly prohibited from any commercial application whatsoever. You may not procure or attempt to procure large quantities of Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers or otherwise attempt to stockpile, distribute, repackage, barter, or resale Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers. Merchant companies may elect to set a minimum purchase threshold requirement which you must meet or exceed in order to make your Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher eligible for redemption. By purchasing a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher you acknowledge and agree to abide by any minimum purchase requirements set forth in the Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers issuance detail. Businesses offering Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers must delineate any minimum purchase threshold requirement as part of the initial Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher issuance detail. Merchant companies must be willing to redeem any Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher that meets the minimum purchase price threshold established in the initial issuance detail. In addition, consumers redeeming a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher remain eligible and must not be denied the right to redeem any additional offers that may exist independent of the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher Program. Any Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher must be honored and redeemable in conjunction with all other Merchant Company’s discounts and specials. This allows the consumer to redeem both the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher and another discount offer, simultaneously, so long as the independent discount(s) does not reduce the total purchase price below the minimum required purchase price threshold established in the initial issuance detail. Therefore, Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers are valid to be redeemed in conjunction with Merchant Company offer(s) even should a condition of said offer state that it is not valid with any other offer or similar restrictions. Merchant Companies may place certain restrictions on the geographic areas eligible for service which must be detailed as part of the initial Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher issuance. The consumer is responsible for determining their own eligibility for service including whether they reside within the geographic service area demarcated on the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher offer detail. If you purchase a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher which you are ineligible to redeem because you reside outside of the geographic areas eligible for service, then your sole recourse is to receive a credit from Services Select, ServedWell equivalent to the original purchase price in Seal Deals Points, ServedWell Deserved Deals Points.

 You agree not to create links to our offers, or in any way attempt to circumvent our site, the sanctity of our site or services, or act in any way that is detrimental to or competitive with Services Select, ServedWell. Any Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher that is in violation of the Terms and Conditions is void. Any attempt to redeem a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher in ways that violate the Terms and Conditions is void. Any stolen, counterfeit, or otherwise fraudulent Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher is Void. Regardless of the form of payment used in the original purchase of Seal Deals Voucher(s), ServedWell Deserved Deals Gift Card Voucher(s), should you decide to return an unused Seal Deals Voucher(s), ServedWell Deserved Deals Gift Card Voucher(s) any time within the first 30 days of purchase, you will be solely eligible to receive a credit from Services Select, ServedWell equivalent to the original purchase price in Seal Deals Points, ServedWell Deserved Deals Points. This limitation includes all purchases made whether using credit, debit, or another approved payment method. After 30 days from the date of purchase Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers will no longer be eligible to be returned to Services Select, ServedWell for credit or compensation of any kind. Seal Deals Points, ServedWell Deserved Deals Points are a form of site credit that may be accumulated exclusively for personal use toward Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher purchases. You are responsible for verifying that any awarded credit is accurately applied to your account, and for notifying us immediately should an awarded credit not be properly attributed to your account. Any Seal Deals Points, ServedWell Deserved Deals Points accumulated in your account will be used first in priority toward future Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher purchases before cash is applied. In the event that the accumulated Points in your account are not of a sufficient quantity to purchase the desired Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher, or in the case that you do not have any Seal Deals Points, ServedWell Deserved Deals Points accumulated, Services Select, ServedWell provides you the ability to purchase the Seal Deals Voucher(s), ServedWell Deserved Deals Gift Card Voucher(s) of your choice within our shopping cart using credit, debit and other approved payment methods. As a user of this site you acknowledge that certain limitations exist in the type and availability of Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers. You also acknowledge that, in no event, including the return of a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher will any cash value be attributed or credited to you because Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers have no cash value. Services Select, ServedWell makes no representation that available Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers will meet your expectations regarding specific products or services available. Once you have used any credit available in your account for a Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher purchase, that amount will be deducted from your account. Seal Deals Points, ServedWell Deserved Deals Points have no cash value and are not transferrable.

You may receive Seal Deals Points, ServedWell Deserved Deals Points in multiple ways which impacts how they are accounted for and managed. Seal Deals Points, ServedWell Deserved Deals Points may be acquired through promotional offers including as a rebate percentage of a qualifying Seal Deals Voucher’s ServedWell Deserved Deals Gift Card Voucher’s purchase price. You may receive Seal Deals Points, ServedWell Deserved Deals Points from participating Merchant Companies following a direct transaction, gifted as a reward for conducting business with the participating Merchant Company. Seal Deals Points, ServedWell Deserved Deals Points gained in these various ways may take 8-10 days to show up in your account. Seal Deals Points, ServedWell Deserved Deals Points can be acquired in the form of a refund credit when an eligible Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher is returned within 30 days of its issuance, and before it is redeemed or reaches its expiration date. Seal Deals Points, ServedWell Deserved Deals Points gained as a refund credit do not expire but remain subject to an absolute requirement that your account be kept current and in good standing as a prerequisite for Seal Deals Points, ServedWell Deserved Deals Points accumulation, maintenance, and retention. Additionally, the option exists to purchase various denominations of Seal Deals Points, ServedWell Deserved Deals Points. Seal Deals Points, ServedWell Deserved Deals Points procured using this method remain subject to possible expiration in accordance with applicable law.  Seal Deals Points, ServedWell Deserved Deals Points are transferable following our established guidelines. Individual Seal Deals Points, ServedWell Deserved Deals Points may be purchased for immediate use and you can build an inventory of Seal Deals Points, ServedWell Deserved Deals Points within your personal account which can be utilized for personal use or transferred to another account holder any time prior to the Points expiration date. Should the transferee not currently have a Seal Deals Points, ServedWell Deserved Deals Points account established, upon receiving the transfer notification they will be prompted to set up an account at that time allowing them to accept the transfer. By accepting transferred Seal Deals Points, ServedWell Deserved Deals Points, the transferee agrees to become accountable for all terms and conditions listed herein, and additional obligations, waivers, disclaimers, including minimum purchase requirements as established during the initial Seal Deals Points, ServedWell Deserved Deals Points issuance. After Seal Deals Points, ServedWell Deserved Deals Points reach specified expiration date it becomes void and cannot be redeemed, refunded, and is not eligible for any credit. The feature allowing a user to build an inventory of Seal Deals Points, ServedWell Deserved Deals Points and/or to transfer Seal Deals Points, ServedWell Deserved Deals Points to another account is intended for personal use only and is strictly prohibited from any commercial application whatsoever. You may not procure or attempt to procure large quantities of Seal Deals Points, ServedWell Deserved Deals Points or otherwise attempt to stockpile, distribute, repackage, barter, or resale Seal Deals Points, ServedWell Deserved Deals Points. We reserve the right to change aspects of or discontinue the entire Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher Program and/or discontinue or make changes to the Seal Deals Points, ServedWell Deserved Deals Points System anytime without notice or liability. In order to participate in the Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher Program and to receive or maintain any refund credits, Seal Deals Points, ServedWell Deserved Deals Points, or benefits afforded to you, your account must be kept current and in good standing, including but not limited to your maintenance of a valid credit card on file. Any failure to maintain your account in good standing is a violation of these Terms and Conditions and may result in the forfeiture or loss of any accrued credit, Seal Deals Points, ServedWell Deserved Deals Points and other benefits from your account.

As part of our Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher program we reserve the right to offer you a Seal Deals benefit program. When offered, each purchase you make of an eligible Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher, may award you a certain number of Seal Deals Points, ServedWell Deserved Deals Points which will be added to your account. Seal Deals Points, ServedWell Deserved Deals Points may be redeemed exclusively toward the personal purchase of Seal Deals Vouchers, ServedWell Deserved Deals Gift Card Vouchers and have no other value. Seal Deals Points, ServedWell Deserved Deals Points are cumulative in nature and can be banked in your account for later use toward Seal Deals Voucher, ServedWell Deserved Deals Gift Card Voucher purchases of a higher value.



9. Indemnification 

YOU AGREE TO INDEMNIFY AND DEFEND SERVICES SELECT, SERVEDWELL, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES SELECT, SERVEDWELL SERVICES OR IN CONNECTION WITH THIS WEBSITE OR YOUR VIOLATION OF THESE TERMS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. YOU AGREE TO COOPERATE FULLY IN DEFENDING SERVICES SELECT, SERVEDWELL AGAINST SUCH CLAIMS, AND FURTHER ACKNOWLEDGE SERVICES SELECT, SERVEDWELL’S RIGHT TO TAKE EXCLUSIVE CONTROL OF ITS DEFENSE, AT YOUR EXPENSE, IN MATTERS FOR WHICH IT IS REQUIRED THAT YOU INDEMNIFY US. YOU AGREE THAT YOU WILL NOT SETTLE ANY SUCH CLAIM WITHOUT THE ADVANCE WRITTEN CONSENT OF SERVICES SELECT, SERVEDWELL.


10. Disclaimer and Limitation of Liability 

Services Select, ServedWell is committed to making your total Services Select, ServedWell experience a positive one. Although we take certain steps to examine the credentials of our listed award recipient companies, we make no guarantees or representations regarding the skills or representations of such companies or the quality of the job that such companies may perform for you if you elect to retain their services. You expressly acknowledge and agree that you accept sole risk and responsibility for your use of the site. Services Select, ServedWell does not endorse or recommend the services of any particular company. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of Services Select, ServedWell, nor is Services Select, ServedWell an agent of the companies. Services Select, ServedWell does not perform, and is not responsible for, any of the services requested by you with these companies. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the companies directly, AND YOU HEREBY AGREE TO RELEASE SERVICES SELECT, SERVEDWELL (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE SERVICES SELECT, SERVEDWELL MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY AND ALL COMPANIES LISTED ON THIS WEBSITE. 

Services Select, ServedWell makes no representation of any kind regarding this Site, Content or any portion thereof, OR THE SERVICES PROVIDED THROUGH THIS SITE, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SERVICES SELECT, SERVEDWELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 

You agree to indemnify Services Select, ServedWell and hold us blameless for any monetary or other loss, damages, or claims, direct or indirect, which may occur as a result of lost, compromised, or deleted, marketing reviews, customer lead information, or data of any kind. SERVICES SELECT, SERVEDWELL FURTHER DISCLAIMS ANY EXPECTATION REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT ON THE SITE, THE SECURITY OF THE SITE OR CLIENT INFORMATION, SITE PERFORMANCE INCLUDING THAT THE SITE WILL FUNCTION ACCORDING TO YOUR EXPECTATIONS, OR THAT THE SITE IS FREE FROM VIRUS OR OTHER HARMFUL EFFECT.


IN NO EVENT SHALL SERVICES SELECT, SERVEDWELL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, OR ANY CHANGES, UPDATES, OR DELETIONS IMPLEMENTED TO THIS SITE BY SERVICES SELECT, SERVEDWELL, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS OR NEFARIOUSLY BY UNAUTHORIZED PARTIES, EVEN IF SERVICES SELECT, SERVEDWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


11. Force Majeure

Services Select, ServedWell is not liable should forces outside of our control disrupt or interfere with the function or performance of the site or services, including but not limited to acts of God/weather-related disruptions, acts of terrorism, regulatory mandate, civil unrest, network interruptions, and hardware/software or system failure.

 

12. Waiver

Services Select, ServedWell’s failure to enforce any of its rights under this agreement does not indicate or constitute a waiver of such right, or of any other right or provision whatsoever. Any potential waiver of a right by Services Select, ServedWell must be agreed to in writing and shall be limited to the specific occurrence delineated in such writing.

 

13. Severability

If any provision or condition of these Terms is found to be invalid or unenforceable, that provision or condition alone will be limited to the least extent necessary to ensure that the remainder of the agreement will persist in full force and effect, and that all other terms and conditions contained herein will remain intact and enforceable.

 

14. Digital Millennium Copyright Act 

For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address: Services Select Franchise Company, LLC, also DBA: ServedWell, Attn: Director of Operations, P.O. Box 1503, Smyrna, TN 37167. 

15. Governing Law 

Use of this Site is governed by Tennessee law. Any claim related to the Site shall be brought in a federal or state court in Rutherford County Tennessee within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site. 

16. Acknowledgement 

By using the site or any of our services, you acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. 

17. Contact Information 

If you have any questions about these Terms, the practices of Services Select, ServedWell, or your dealings with this Site, please contact us through one of the methods listed below. 

Services Select, LLC, also DBA: ServedWell 
Attn: Support 
contact@servicesselect.com 

Support
Attn: Webmaster (Services Select, ServedWell) 
support1@servedwell.com