SERVICE MEMBER DATA TERMS OF SERVICE AGREEMENT
This Service Member Data Terms of Service Agreement (“Agreement”) is entered into by and between Service Member Data, LLC (“Company”) and the undersigned customer (“Customer”). By enrolling in the Company’s services, Customer agrees to the following terms and conditions:
1. Term of Service
1.1 This service is provided on a month-to-month basis. There is no minimum service term. No refund of a payment for a month of service will be refunded if the service is terminated by the Customer.
1.2 The Agreement will automatically renew on a month-to-month basis upon payment of the pricing level selected by the Customer. The Customer must provide notice to the Company before the payment due date for any new month of service of the intent to cancel the agreement.
2. Pricing and Service Level
2.1 Customer agrees to subscribe to the Company’s services at the tiered pricing level selected during onboarding.
2.2 Pricing shall remain fixed unless modified by the Company. If the pricing is modified the Company agrees to provide notice to the Customer of the intended modification 90 days prior to the date of the intended modification.
3. Payment Terms
3.1 Customer authorizes Company to automatically debited for the first month of service during the during the onboarding process and then subsequently on the 1st day of each month for the upcoming month of service.
3.2 Customers electing ACH payments will be automatically debited for the first month of service during the onboarding process and then subsequently on the 1st day of each month for the upcoming month of service.
3.3 If Customer fails to make timely payment, Company reserves the right to:
- Suspend or terminate access to the Company’s portal and services; and
- Charge any applicable late fees as permitted by law.
4. Access Suspension and Termination
4.1 Non-payment or repeated late payment constitutes material breach of this Agreement.
4.2 Company may suspend or permanently terminate Customer’s access to all portals, data, and services until the account is brought current.
5. Arbitration of Disputes
5.1 Any dispute, claim, or controversy arising out of or relating to this Agreement—including but not limited to billing, payments, or data research—shall be resolved exclusively by binding arbitration.
5.2 Arbitration shall take place in King County, Washington, before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”).
5.3 The decision of the arbitrator shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction.
6. Limitation of Liability
6.1 Company shall not be liable for indirect, incidental, special, or consequential damages arising from the Customer’s use of services, including loss of data, revenue, or profits.
6.2 Company’s total liability shall not exceed the amount paid by Customer under this Agreement in the twelve (12) months preceding the claim or the value of the vehicle sold by the Customer at auction whichever is less.
7. Miscellaneous
7.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.
7.2 Amendments must be in writing and agreed to by both parties.
7.3 This Agreement shall be governed by the laws of the State of Washington without regard to conflict of law principles.
7.4 Customer represents and warrants that all payment and account information provided is accurate and authorized.
Acknowledgment
By signing below or otherwise electronically agreeing, the Customer acknowledges that they have read, understood, and agreed to the above Terms of Service.
Service Member Data, LLC
Authorized Representative: _________________________
Date: _________________________
Customer
Name of Authorized Representative: _________________________
Signature: _________________________
Date: _________________________
It is agreed by the Customer that requesting Service Member Data to open an account in the name of the Customer constitutes agreement with the terms and conditions contained in the Service Member Data Terms of Service Agreement.