Terms Of Uses Of The Website And All Use Agreement For All Service
ElevatorService.com, Inc.,
512 bayshore drive fort lauderdale FL, 33304
Cust. Service: E-mail Us: help@elevatorservice.com
Table Of Content
- Terms Of Uses Of The Website And All Use Agreement For All Service
- Consumer Information Security Policy
- Request Of Services
- Terms Applicable to All ElevatorService Request
- Copyright, Trademark and Service Mark Notices
- Disclaimers And Liability
- Communications/Notices and Information Delivered Electronically
- Privacy Policy
- Indemnity
- Limitation on Damages
- Links To Third Party Websites
- Delays and Errors
- Dispute Resolution
- Other Terms
1. TERMS OF USES OF THE WEBSITE AND ALL USE AGREEMENT FOR ALL SERVICE
Please review this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, divisions or service groups, or any page thereof, through any direct or indirect means, or by using the goods, facilities or services offered in or through this Website through alternative methods (including, for example, telephone, mail, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms "Website" include use through these alternative methods).
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 8 and 16). These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Website.
For purposes of this Agreement, "You" or "Your" means the person(s) using the Website, and/or the good, facilities or services of ElevatorService.com, Inc. offered through alternative methods, including persons that allow others to provide information about themselves to ElevatorService (as defined below), the ElevatorService's network Providers (as defined in section 7) "ElevatorService", "us" or "we" means, but is not limited to ElevatorService.com
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
ElevatorService operates the Website and shall have the right at any time to change or discontinue any aspect or feature of the Website and the right sole in complete discretion to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by you of the Website or the good, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes.
2. CONSUMER INFORMATION SECURITY POLICY
While no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure, ElevatorService understands your concerns with the safety of your personal information. The following is a summary of the measures ElevatorService takes to protect your information and descriptions of ways we implement these measures for different types of information you may provide to us.
ElevatorService uses well-known and vetted security technology to protect your data and transmissions between you, ElevatorService, participating in the ElevatorService Website. Transmissions between ElevatorService are encrypted using public key cryptography algorithms with a minimum key size of 256 bit.
Those pages on the Website that ask for your personal financial information are delivered to your browser through HTTPS, a secure server communications layer. Transmission between your browser and our web server, including when you send your personal financial information to us, is implemented using Secure Sockets Layer (SSL) technology. SSL encrypts it, making the information unreadable by anyone except ElevatorService. SSL does not allow anyone to intercept and read your personal information; only we can decode the encryption. This technology requires any modern web browser such as Internet Explorer, Firefox, Safari or Opera. You can verify that your communications with ElevatorService are secure by checking for the key or lock icon on your browser. If your browser’s security feature has been turned on, a pop up box will notify you when you enter a secure page.
Another important information security measure in place throughout the Website is the timeout feature. This feature will log you out if there has been no activity within a specified amount of time.
3. REQUEST OF SERVICES
The ElevatorService process occurs when you request and get matched with a elevator service provider who will reply and respond with conditional service request.
A. Terms Applicable to All Request of Services
ElevatorService is a computerized originator for origination of services for elevator service providers and is compensated for such services by the elevetors service companies. are not to directly charge you any computerized fee. ElevatorService does not endorse or recommend the products of any particular elevator service providers. (please see the Licenses and Disclosures section of the Website), You should rely on your own judgment in deciding which available service product, terms and company best suits your service needs. The elevator company service provider is solely responsible for its services to you, and you agree that ElevatorService will not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that service company may keep your request information and any other information provided by ElevatorService or received by them in the processing of your service request.
The Website and the services provided by ElevatorService are available in connection with service located in the fifty states and the District of Columbia unless otherwise specified
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting a request is transmitted. By submitting request containing your electronic signature, you are extending an express invitation to each you have been matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from service provlder or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By saving your information with ElevatorService or by doing a submission, you give ElevatorService permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your request. For any service, you represent that all of the information you have provided in your submission request is true and complete.
B. ElevatorService Requested Service
ElevatorService seeks to provide you multiple conditional service offers through its network of non affiliated By submitting a request form, you authorize ElevatorService to provide information provided by you or third parties to ElevatorService network,
REQUEST FOR OTHER PRODUCTS AND SERVICES (INCLUDING FINDER/LOCATOR SERVICES)
ElevatorService may offers requests for other products and services on the Website. You may be able to access these products and services when you (i)are matched with potential third party providers ("Provider" includes any third-party affiliate or finder of a Provider) who will respond with conditional offers for products or services or (ii) r provided with the name and information about potential Providers who may able to respond with the requested products or services or information about the requested products or services without any offers. The Providers that can provide you with conditional service offers may not respond with offers until they speak with you to get additional information.
A. Terms Applicable to All Requests for other Products and Services
ElevatorService is not a provider of products or services and does not make any decisions in connection with the products or services offered by Providers. ElevatorService does not endorse or recommend the products or services of any particular Provider on any of its Website. ElevatorService is not an agent of either you or any Provider. ElevatorService's services are only administrative. You should rely on your own judgment in deciding which available product or service and Provider best suits your needs and financial means. The Provider is solely responsible for its services to you, and you agree that ElevatorService shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Providers may keep your request information and any other information provided by ElevatorService or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Provider directly if you no longer want to receive communications from them.
Products and services may only be made to residents of states where Providers are licensed or authorized to make such products or services available. ElevatorService and Providers expressly reserve the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Website at any time, without prior notice.
The data and other information you may provide ElevatorService is not, and is not treated as, an application for that product or service. ElevatorService does not guarantee acceptance into any particular program or specific term or condition with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, ElevatorService does not guarantee that the terms or rates for the products or services offered and made available by Providers are the best terms or lowest rates available in the market. A Provider's products or services may be subject to market conditions, approval and qualification. The terms and rates actually provided by Providers may be higher or lower depending on your individual financial profile, your location and other considerations. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a product or service. Providers may not offer all products or services as well as not offer products or services in all states. You may not be matched with the Service Provider making any specific offer.
ElevatorService is paid a fee by either the Provider or a third party "finder" (if the finder markets for or to the Provider) for the goods, facilities and services ElevatorService provided. Your use of the Website and/or ElevatorService's services constitutes your agreement with this compensation arrangement. You will not be responsible for paying for any cost associated with the product or service. ElevatorService will not charge you a fee for its services.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a product or service through ElevatorService to each of the Providers to whom your request is transmitted. By submitting the request containing your electronic signature, you are extending an express invitation to each Provider to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Providers or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. By saving your information with ElevatorService or by doing a submission, you give ElevatorService permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete requests, the delivery of request matches, deadlines, quality of services or other matters in connection with your request. For any product or service, you represent that all of the information you have provided in your submission and request is true and complete.
By submitting the request form, you authorize ElevatorService to provide information that you provided or that ElevatorService has or may have received from others to Providers or their finders, along with any additional providers necessary to complete your transaction. By submitting any eligibility form, you authorize ElevatorService to provide your information to up to five Providers or finders to discuss, review or provide product or services information and opportunities. You also authorize ElevatorService and its Providers and finders along with any additional providers necessary to complete your transaction In certain geographic areas.
7. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 2022- 2023 ElevatorService.com, Inc. and/or its suppliers, and service, Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the Websites, without the prior written permission of the ElevatorService or the applicable Mark holder specific for each such use. The Marks may not be used to disparage ElevatorService, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by ElevatorService in writing.
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. ElevatorService owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of ElevatorService and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
8. DISCLAIMERS AND LIABILITY
ElevatorService intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by ElevatorService at any time. Under no circumstances will ElevatorService be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". ElevatorService.com AND/OR ITS SUPPLIERS, PROVIDERS OR ELEVATOR COMPANIES SERVICE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR RLEVATORSERVICE.COM SERVICES IS AT YOUR OWN RISK. ELEVATORSERVICE.COM AND/OR ITS SUPPLIERS,, SERVICE PROVIDERS PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR ELEVATORSERVICE.COM SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BORROWMONEY RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BORROWMONEY AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
ElevatorService, elevator service roviders and service professionals may choose to electronically deliver all information related to its services and your requests. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with ElevatorService, Lenders, Providers and real estate professionals. This means that ElevatorService, Lenders, Providers and real estate professionals may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Serice Providers and professionals or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically. The Consent for Electronic Disclosures and Communications from Network.
Technical Requirements
To access and retain information and notices we send or make available to you electronically, you will need:
- Internet access with 256-Byte encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print Internet Explorer 6 or higher
- Netscape 8.04 and above (Use in IE mode)
- Email Access or Firefox version 1.5
10. PRIVACY POLICY
The ElevatorService Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website or received directly from you.
11. INDEMNITY
As a condition of use of the Website and/or ElevatorService's services, you agree to indemnify ElevatorService.com and its suppliers,elevator service Providers or service professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
12. LIMITATION ON DAMAGES
In no event will ElevatorService have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
13. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. ElevatorService does not operate or control in any respect any information, software, products or services available on such websites. ElevatorService's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Website please note that ElevatorService is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
14. ERRORS AND DELAYS
ElevatorService is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
15. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by ElevatorService, or to any acts or omissions for which you may contend ElevatorService is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") dated September 15, 2005. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act.To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ELEVATORSERVI.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using ElevatorService's goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and ElevatorService, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Kings County, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
16. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by ElevatorService) constitutes the entire agreement between you and ElevatorService and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and ElevatorService with respect to the Website and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.