Terms of UseTERMS OF USE Welcome to Service Element also known as www.serviceelement.com. Our corporate name is Element Group, Inc. and we conduct business as Element Group, Service Element and Service Element Pro and through www.serviceelement.com, standard.serviceelement.com and pro.serviceelement.com. Element Group offers its services to you upon agreement to the following Terms of Use. Our Terms of Use may be updated at any time without notice to you. Check back often for changes as you are responsible for any information contained herein. Throughout these Terms of Use, the name Service Element may refer not just to the service provided, but also to the owners, directors, officers, employees, and other assigns that make the service available. BY CHECKING THE BOX “I ACCEPT THE TERMS OF USE OF SERVICEELEMENT” DISPLAYED AS PART OF THE SIGN-UP PROCESS, YOU AGREE TO THIS AGREEMENT GOVERNING YOUR USE OF SERVICEELEMENT. USE OF THIS SITE THEREAFTER CONSTITUTES CONTINUAL ACCEPTANCE OF THE TERMS OF USE. You may not, without limitation: (a) make any resale or commercial use of the Site or its Content (other than the Customer Data itself); (b) make any derivative use of the Site or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Site. Except as expressly stated in these Terms of Use, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Service Element or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, frame, or utilize framing techniques to enclose any Service Element trademark, logo, or other proprietary information (including the images and photographs found at this Site, the content of any text and/or the layout or design of any page of the Site) without Service Element's express written consent. Any unauthorized use of this Site will terminate the permission granted by these Terms of Use and may violate copyright, trademark, and other laws. DESCRIPTION OF SERVICE Service Element is the premier online service business management suite. Our websites at standard.serviceelement.com and pro.serviceelement.com provide functionality and support to the Service Element Subscribers (the "Service") information about Service Element and other content and functionality. The "Service" is provided "As Is" and "As Available" and therefore Service Element assumes no liability for the accuracy, completeness, timeliness, deletion, mis-delivery or failure of any user communications. The person, persons, organization, or company that develops any content is said to be the "Sender." The Sender sends or "Posts" his or her content. Any person who reads the content is said to be the "Reader." All of the text, pictures, links, information, data or any other material contained within any content is considered to be its "Content." Service Element cannot and does not edit, modify, or even proofread any of this Content originating from Senders other than itself. You acknowledge and agree that the Sender of any content is solely responsible for any and all of its Content. Thus, you also acknowledge and agree that Service Element is in no manner, shape, or form to be held responsible or liable for any of the Content posted by Senders or that can be found anywhere on these websites. All parties involved should use caution and discretion before sharing any credit card information, passwords, account numbers, or any other relevant personal information. You acknowledge and agree that Service Element shall not be held responsible or liable for any communications that arise between Senders and Readers from any use of the “Service”. You acknowledge and agree that the Sender is solely and entirely responsible to be sure that all of his Content complies with all local, state, federal, and international laws, policies, and any other restrictions. REGISTRATION OBLIGATIONS You understand and agree that Service Element may ask you to register for various reasons. It is expected that you will provide complete and accurate information. If your information is found to be untrue, or incomplete, Service Element has the right to suspend or terminate you from service. Service Element reserves the right to terminate any person, group, or company at any time, for any reason. YOU AGREE BY REGISTERING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AMONG OTHER THINGS, THIS MEANS (1) IF YOU ARE REGISTERING FOR AN INDIVIDUAL ACCOUNT, YOU MUST BE AN INDIVIDUAL OF AT LEAST EIGHTEEN (18) YEARS OF AGE ENROLLING UNDER YOUR OWN NAME AND (2) IF YOU ARE A DESIGNATED USER REGISTERING FOR A BUSINESS ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE BUSINESS ENTITY IN WHOSE NAME THE ACCOUNT IS HELD AND YOU MUST BE AUTHORIZED TO BIND THE BUSINESS ENTITY AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE BUSINESS ENTITY. PAYMENT AND PAYMENT TERMS Billing and Renewal – Service Element charges and collects in advance for use of Service Element. Service Element will automatically renew and bill your credit card or issue an invoice to you every month, or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current subscription, unless Service Element has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. For any services that are rendered within a month that Service Element did not collect in advance, Service Element will charge and collect for these charges along with the Service Element use fee. In addition, Service Element may charge a $25.00 fee in any month where the automatic credit card charges are declined and must be re-processed. Fees for other services will be charged on an as-quoted basis. Service Element's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Service Element’s income. You agree to provide Service Element with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Service Element reserves the right to terminate your access in addition to any other legal remedies. Unless Service Element in its discretion determines otherwise: all entities will be billed in U.S. dollars and be subject to payment terms and pricing schemes at the discretion of Element Group, Inc. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. Non-Payment and Suspension - In addition to any other rights granted to Service Element herein, Service Element reserves the right to suspend or terminate this Agreement and your access to Service Element if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Service Element initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Service Element may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Service Element reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access. You agree and acknowledge that Service Element has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent. Termination upon Expiration - This Agreement commences on the Effective Date. The Term is for one month and this Agreement will automatically renew for successive months at Service Element's then current fees. Either party may terminate this Agreement, effective only upon the end of each month, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following month. In the case of free trials, notifications provided through Service Element indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), Service Element will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Service Element has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination. Termination for Cause - Any breach of your payment obligations or unauthorized use of Service Element will be deemed a material breach of this Agreement. Service Element, in its sole discretion, may terminate your password, account or use of Service Element if you breach or otherwise fail to comply with this Agreement. In addition, Service Element may terminate a trial account at any time in its sole discretion. You agree and acknowledge that Service Element has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. This Section regarding charges, enforcement of the agreement and the collection of monies owed will survive termination of this Agreement. Member Conduct You are responsible for all activity occurring under your User accounts and shall abide by all applicable laws, in connection with your use of Service Element, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Service Element immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Service Element immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Service Element user or provide false identity information to gain access to or use Service Element. Service Element takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, Service Element is not liable for any statements, representations or Content provided by its users in any messages, advertisements, or any other interactive areas of this website. RIGHTS TO REMOVE AND DISCLOSE CONTENT You acknowledge and agree that Service Element does not pre-screen any Content or directory listing, but that Service Element and its designees shall have the right, but not obligation, in their sole discretion to refuse or remove any Content or directory listing that violates these Terms of Use or is in any other way objectionable. Therefore, you also understand and accept that Service Element shall not be held responsible or liable for any damages that result from the refusal or removal of any Content or directory listing. You understand and agree that Service Element maintains the right to preserve Content and may also disclose Content if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content violates the rights of third-parties, or protects the rights, property, or personal safety of Service Element or its users. INTERNATIONAL USE You acknowledge and agree that it is your responsibility to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. MODIFICATIONS TO SERVICE Service Element reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge and agree that Service Element will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. SEVERABILITY If any provisions of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. LINKING TO SERVICEELEMENT WEB SITE The appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with Service Element’s names and trademarks. The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Service Element. Service Element reserves the right to revoke its consent to the link at any time and at its sole discretion. Unauthorized use of any trademark, service mark, or logo may be a violation of federal and state trademark laws. RESPECT OF PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that may or may not be protected by applicable intellectual property rights and other laws. Some of the information provided to you through the Service, by advertisers and other parties may be protected by copyrights, trademarks, patents, service marks, or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. You also agree to check with us before copying any portion of this website for the purpose of developing any similar websites. You understand and agree that Service Element’s software was designed to provide a service to you. You are permitted to use the Service, provided that you do not (and do not allow any third party to) copy, modify, create any derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Service Element for use in accessing the Service. DISCLAIMER OF WARRANTIES SERVICEELEMENT 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. You expressly understand and agree that: 1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis to the fullest extent permissible pursuant to applicable law. 2. Service Element makes no warranty that (1) the service will meet your needs, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (5) any errors in the software will be fixed, (6) that the use of the materials or content in the site as to their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, and (7) or that the site or the servers that make the site available are free of viruses or other harmful components. 3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 4. No advice or information, whether oral or written, obtained by you from Service Element, or through or from the Service shall create any warranty not expressly stated in the Terms Of Use. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICEELEMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SERVICEELEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY OF USE OF THE SERVICE, OR THE MATERIALS OR CONTENT ON THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (4) STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (6) ANY OTHER MATTER RELATING TO THE SERVICE. Service Element will not be held liable for the consequences of any interruptions, errors, or loss of any data. You acknowledge and agree that Service Element shall not be held responsible or liable for any unlawful or otherwise improper acts performed by any third parties. This includes, but is not limited to, acts of hacking or any other means of disrupting data or preventing access to Service, transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the System. EXCLUSIONS AND LIMITATIONS Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. NOTICES Except as explicitly stated otherwise, any notices should be sent to us by postal mail to:
Element Group, Inc. We shall send our notices by email to the email address you specified during registration. Notice shall be deemed given 24 hours after sent, unless we are notified that the email was returned to us "undeliverable." Alternatively, we may give notice by certified mail, to the mailing address you provided during registration. In such cases, notice will be deemed given 4 days after the date of mailing. JURISDICTION The Terms Of Use and the relationship between you and Service Element shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the jurisdiction and venue of the Florida courts located within the County of Lake, Florida and the United States District Court. The failure of Service Element to exercise or enforce any right or provision of the Terms Of Use shall not constitute a waiver of such right or provision. If any provision of the Terms Of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms Of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. MISCELLANEOUS Service Element may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Service Element contrary to those set above. Privacy Policy Service Element values its customers and respects their privacy. When you order, we need to know your name, email address, credit card billing address, mailing address, telephone number, credit card number, and credit card expiration date. This allows us to process and fulfill your order and to notify you of your order status. We do not sell or make available the information you provide us online to third parties. By shopping with us, you agree that we may use your information for our own marketing purposes. We use the latest encryption technology to keep your personal information safe. We use Secure Sockets Layer (SSL) technology to ensure the security of your online order information. All your ordering information -- including your name, address, and credit card number -- is encrypted using a secure server for maximum security. Your credit card and billing information is secure as it travels to our ordering system. Credit card transactions are handled by a respected third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions. Both Service Element and our payment processor, SWREG, may set and access cookies on your computer to improve your shopping experience. You can configure your web browser to accept all cookies, reject all cookies, or notify you when a cookie is set. By using our web site, you consent to the collection and use of this information by Service Element. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Contact Us If you have any questions about these Terms of Use, please email us at support@serviceelement.com. Or mail us at:
Element Group, Inc. |
