Last Modified: January 2020
1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These terms include a jury trial waiver.
By using or requesting our services, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you use or request our services behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not use or request our services if you (A) Do not agree to these terms, (B) Are not the older of (i) At least 18 years of age or (ii) Legal age to form a binding contract with EHS, LLC, or (C) Are prohibited from accessing or using this website or any of this website's contents, goods, or services by applicable law.
These terms and conditions (these "Terms") apply to the use of our services, whether or not through http://elitehomesolutions.com (the "Site"). These Terms are subject to change by EHS, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to using or requesting our services. Your use of this Site or use or request of our services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
2. Warranty Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, manufacturer, or provider. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by a manufacturer’s warranty included with the product or detailed in the product’s description on our Site. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty, if any.
All products and services offered on this site are provided "as is" without any warranty whatsoever, including, without limitation, any (A) Warranty of merchantability; (B) Warranty of fitness for a particular purpose; or (C) Warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's or provider's failure to honor its warranty obligations to you.
3. Waiver. You, on behalf of yourself and your present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors, and assigns (collectively, "Releasors"), hereby release, waive, and forever discharge us and our present and former, direct and indirect, parents, subsidiaries, affiliates, employees, officers, directors, shareholders, members, agents, representatives, permitted successors, and permitted assigns (collectively, "Releasees") of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, "Claims"), which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter, cause, or thing whatsoever arising out of or relating to our services, including but not limited to our provision of such services or our failure to provide (or adequately provide) such services.
4. Limitation of Liability. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special exemplary, punitive, or enhanced damages, lost profits, or revenues or diminution in value, arising out of, or relating to, and/or in connection with our services (or our failure to provide (or adequately provide) our services) or any breach of these terms, regardless of (A) Whether such damages were foreseeable, (B) Wheter or not we were advised of the possibility of such damages, and (c) The legal or equitable theory (contact, tort, or otherwise) upon which the claim is based.
Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for our products and services.
The limitation of liability set forth above shall only apply to the extent permitted by law.
6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
7. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri. Any legal suit, action, or proceeding arising out of, or related to, these Terms or this Site shall be instituted exclusively in the United States District Court for the Eastern District of Missouri or the Circuit Court for the State of Missouri located in St. Louis County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. Jury Trial Waiver. You acknowledge and agree that any controversy that may arise under these Terms, including any exhibits, schedules, attachments, and appendices attached to these Terms, is likely to involve complicated and difficult issues and, therefore, you irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any legal action arising out of or relating to these Terms, including any exhibits, schedules, attachments, and appendices attached to these Terms, or the transactions contemplated hereby.
9. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
10. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EHS, LLC.
11. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address or phone number you provide or (ii) by posting to the Site. Notices sent by email or text will be effective when we send the email or text and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email, phone number, and address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to EHS, LLC, 766 Spirit Park 40 Drive Chesterfield, MO 63005, Attn: General Counsel. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
13. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.