Terms of Use

Terms of Use Agreement – last updated August 5, 2014

By using the Service Elite website, and/or purchasing Service Elite services/products, you are agreeing to comply with and be bound by the following terms of use.  Review the following terms carefully, and if you do not agree to these terms, you should not use this site or purchase Service Elite services/products.  The terms “Service Elite”, “us”, “we” and “our” refer to Service Elite:  the terms “you” and “your” refer to visitors to Service EliteUSA.com and purchasers of Service Elite services/products.  Service Elite reserves the right to update the terms of use at any time without notice to you. The most current version of the terms of use can be reviewed by clicking on the "Terms of Use" hypertext link located near the bottom of our website.

1.  Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). By purchasing Service Elite services/products you agree to accept this Agreement.  This Agreement constitutes the entire and only agreement between Service Elite and you, and supersedes all prior agreements, representations, warranties and understandings with respect to Service Elite services/products and the Service Elite website. This Agreement covers products or services provided by or through Service Elite. This Agreement may be amended at any time by Service Elite without specific notice to you. The latest Agreement will be posted on the Service Elite website, and you should review this Agreement prior to using the Site and purchasing Service Elite service/products.

2.  Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Service Elite products are protected under applicable copyrights, trademarks and other proprietary (including but not limited to literary and intellectual property) rights. The copying, redistribution, use or publication by you of any part of Service Elite services/products, except as allowed by Section 4 below, is strictly prohibited. Under no circumstances do you acquire ownership rights to any Service Elite document, product or materials in whole or in part.

3.  Registered Name.

"Service Elite" and “ServiceEliteUSA.com” are our registered names.

4.  Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable license to (a) to use the Site and Service Elite services/products in strict accordance with this Terms of Use Agreement (b) use the Site and Service Elite services/products solely for personal purposes; and to (c) print information from Service Elite services/products solely for non-commercial purposes and provided that you maintain all copyright and other policies contained therein.

5.  Restrictions and Prohibitions.

Your license for access to and use of Service Elite services/products and information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, create derivative works from, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of Service Elite services/products or any Content and Materials retrieved from it; (b) create compilations or derivative works of any Content and Materials from Service Elite services/products or any materials obtained from the Service Elite website for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) use any Content and Materials from Service Elite products in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Service Elite; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in Service Elite products; (f) make any portion of Service Elite services/products available through the Internet or any other technology now existing or developed in the future; (g) use any automatic or manual process to harvest information from the Service Elite website; (h) use Service Elite services/products in a manner that violates any state or federal law; and (i) export Service Elite services/products or any Content and Materials.

6.  Forms, Agreements & Documents

Service Elite services/products and any information, materials or documents (collectively defined as “the products”) therein are provided on a non-exclusive license basis only for your personal use, for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. The products are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, accuracy, completeness, and/or appropriateness. The documents are provided “as is”, and with “all faults”, without warranties. The services/products may be inappropriate for your particular circumstances. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the services/products may not be applicable to any particular situation.

7.  No Legal Advice or Medical Advice.

Information contained in or made available through Service Elite services/products or on the Service Elite website is not intended to and does not constitute legal advice or legal recommendations, medical advice or replacement of professional medical advice under any circumstance. Service Elite does not warrant or guarantee the accurateness, completeness, or adequacy of the information of this kind contained in the Service Elite website. Use of Service Elites information in Service Elite services/products or information on the Service Elite website is entirely at your own risk and we suggest you consult your own appropriate professional for consul.

8.  User Skills and Abilities.

Service Elite have been developed using third-party merchant software programs.  Service Elite is not responsible for training on use of these programs.  Under no circumstances are we liable for any damages arising from the use of our products or the third-party software programs.

9.  Third-Party Merchants and Links

We may provide access to or advertise certain third-party providers ("Merchants") from which you may obtain certain information, goods or services. You understand that we do not operate or control the information, products or services offered by these Third-Parties. We are not a party to the transactions entered into between you and the Third-Party. You agree that use of information or purchase of products or services from such Third-Party is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement.  Under no circumstances are we liable for any damages arising from the transactions between you and the Third-Party Merchants, or for any information appearing on Merchant sites or any other site linked to our site. We give you open disclosure that Service Elite may receive a referral reward or other compensation; monetary or non-monetary from the Third-Party Merchants on the Service Elite website.

10.  Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent of each other and neither party has authority to make any representations or commitments on behalf of the other.

11.  Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner whatsoever. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

12.  Unsolicited Idea Submission Policy.

Service Elite or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new services/products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Service Elite services/products or marketing strategies might seem similar to ideas submitted to us. If, despite our request that you not send us your ideas and materials, you still send them, you understand that Service Elite makes no assurances that your ideas and materials will be treated as confidential or proprietary.

13.  Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

14.  Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

15.  Disclaimer.

The information, content and documents from or through the site are provided "as-is," "as available," with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in section 17(b). In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

16.  Limitation of Liability

(A) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom, or from Service Elite or its Affiliates; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site or Service Elite products; (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.  (B) The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the services/products, information, documents and services provided therein or thereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.

17.  Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration. 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 the county and state of our choosing. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred.