Services Select, LLC
Terms & Conditions
Welcome to the Services Select web site located at "www.servicesselect.com" (this "Site"), which is owned by Services Select, LLC ("Services Select"). 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.
1. Site Content
All contents of this Site are: ©2006 Services Select, LLC. 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, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express permission of Services Select. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Services Select's intellectual property rights.
2. Information You Provide To Us
Upon using the Services Select 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 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Services Select has the right to refuse any current or future use of this Site by you. 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.
3. Your Use of the Services Select 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 agree that all of the content and information posted on this Site, including but not limited to any testimonials provided by you, is the sole and exclusive property of Services Select, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Services Select for any such damages, and will indemnify Services Select in the event of any third party claims against Services Select 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. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Services Select, 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, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Services Select 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 OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SERVICES SELECT 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 TESTIMONIAL, INCLUDING BUT NOT LIMITED TO A THIRD PARTY'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS 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 AND EACH AFFECTED SERVICES SELECT LISTED BUSINESS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $1,000 TO SERVICES SELECT 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.
4. Modifications To Terms and Site
Services Select 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 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 will not be liable to you or any third party in the event that Services Select exercises its right to modify or terminate access to this Site or portions of this Site.
5. Third Party Sites
6. Non-Seal Recipient Pre-screening Procedures & Disclaimers
Services Select 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 may change its prescreening procedures from time to time at the sole discretion of Services Select. Services Select believes that it uses commercially reasonable methods to check these matters, but does not make any representations or warranties that 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 advises consumers to confirm and investigate such matters for themselves. Services Select 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 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.
YOU AGREE TO INDEMNIFY SERVICES SELECT, 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 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.
8. Disclaimer and Limitation of Liability
Services Select is committed to making your total Services Select 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. Services Select 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, nor is Services Select an agent of the companies. Services Select 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 (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 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 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 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.
IN NO EVENT SHALL SERVICES SELECT BE LIABLE FOR ANY 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, THIS SITE, EVEN IF SERVICES SELECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. 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, LLC, Attn: Director of Operations, 738 Nissan Drive, Suite A, Smyrna, TN 37167.
10. 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 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.
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.
12. Contact Information
If you have any questions about these Terms, the practices of Services Select, or your dealings with this Site, please contact us through one of the methods listed below.
Services Select, LLC
Attn: Webmaster (Services Select)
"Thank you so very much! I always use this site when looking for a business in my area. "- Donna T. (Chattanooga) -
"I have used a total of 5 companies from your site and every one of them were 5 stars! "- Timothy P. (Nashville) -
"I used one of your services and they were truly SELECT! Very, Very happy! " - Cindy L. (Huntsville) -