Service excellence is key to our business and to our industry. We selected Logi-Serve to help us achieve the best guest services possible.
Logi-Serve fills an assessment gap by focusing on external and internal service excellence. It is a very thoughtful and well-developed tool, clearly best in class.
Logi-Serve is supported by a team of industry experts and support staff. Logi-Serve is our key tool to select and develop our employees.
Logi-Serve's visual assessment system focuses on core areas of sales and service. The unique branding system aligns well with our brand focused culture.
Logi-Serve is a deep and scientifically valid tool. We find the tool user friendly, creative and results driven. We highly recommend it.
In our business service and sales carry our dealerships. Logi-Serve is the most efficient system we have seen that identifies key service competencies.
Logi-Serve delivers improvements in patient satisfaction ratings and builds greater consistency of service within our large diverse practice.
Our fitness center has always been known as a top service organization. Logi-Serve makes sustaining high service levels so much easier and more enjoyable.
CANDIDATE USE AND ACCESS AGREEMENT
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S).This is a legal agreement between You and Logi-Serve.
This Candidate Use and Access Agreement (“Agreement”) is a legally binding contract between you (“You” or “Your”) and Logi-Serve, LLC, a Michigan limited liability company (“Logi-Serve”) that owns and operates the website currently located at www.Logi-Serve.com (the “Site”). Logi-Serve reserves the right to modify this Agreement and/or the Service at any time and without notice. Continued use of this Site and/or the Service following a modification shall indicate Your acceptance of the modified terms and conditions of this Agreement and the Service.
- Through this Site, Logi-Serve offers its clients (the “Client”) certain psychological, behavioral, situational judgment assessments and/or assessment evaluation services, including, without limitation, Logi-Serve’s Service Excellence Screening and Assessment Tool (collectively, the “Service”) to be used and accessed by Client’s prospective and current employees, agents, independent contractors, subcontractors and affiliates (collectively, a “Candidate”). As a Candidate, You may be granted access to this Site, the Service and to the websites of Client partners through Linked Sites contained on this Site.
- This Site is provided solely for the use of current and future clients of Logi-Serve, LLC (“Logi-Serve”) and their Candidates to provide information about our company, to permit You to use our products and services, and to enable You to contact us with any questions or comments that You may have. Any other use of this Site is prohibited. By way of example, You may not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any encouragement of illegal activity;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- unauthorized use or disclosure of private, personally identifiable information of others;
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
- submitting false information or impersonating someone other than yourself.
- As a Candidate, You may personally participate in one or more uses and applications of the Service. However, You are not authorized to use the Service more than once unless the Client has specifically requested that You do so. Once Your use of the Service is complete, and as part of the Service provided for a Client, Logi-Serve may prepare an evaluation based on Your input and responses (the “Evaluation”). If You do participate in one or more uses or applications of the Service, You hereby grant Logi-Serve a non-exclusive, perpetual, royalty-free license to use Your input, answers and results in its sole and absolute discretion, including without limitation as follows: Logi-Serve shall have the right to use all information, data and other content generated from the use of the Service, including the Evaluation and to share such items with research partners to create and improve generic ideal profiles, establish “best practices” guides, identify employment and usage trends, and for any other research and statistical purposes, provided that (subject to the provisions hereof, including, without limitation, this Section 3 and Section 12 below) all personally identifiable markers of the Candidates (such as name, address, social security or employee number, etc.) have been fully redacted or expunged other than to personally identifiable information which may be made available to Client and its third party designees. Logi-Serve or Logi-Serve Providers (as defined below), as applicable, shall retain all other rights and ownership associated with the Evaluation tools, including full control and final say over the look, feel, and function of the Evaluation and the scoring and reporting algorithms. You agree that Logi-Serve has no obligation to provide You with a copy of Your input and/or responses through Your use of the Service, or a copy of the Evaluation provided to the Client.
- In order for You to access and use this Site as a Candidate, Logi-Serve grants You a non-exclusive, non-transferable, limited license to access the Service for Your use at the direction of Client and for Client’s internal business purposes only. Title, ownership rights, and all intellectual property rights in and to this Site, the Service, Your input and responses and the Evaluations (collectively, the “Logi-Serve IP”), including without limitation, all patents, copyrights, trademarks, trade secrets shall remain the intellectual property of Logi-Serve and/or its licensors, sub-licensors and other third-parties (“Logi-Serve Providers”) as applicable. The Logi-Serve IP is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, and other applicable laws and regulations. You must comply with such law, treaties and regulations in Your use of this Site and prevent unauthorized use and/or copying of the Logi-Serve IP. The Service is being licensed, not sold. You must not remove or alter any copyright notices on any and all copies of the Logi-Serve IP. You may not reverse engineer, decompile, disassemble or introduce any software or programs designed to interrupt, destroy or limit the functionality of the software or hardware on the Service or this Site. You agree that You will NOT attempt in any way to discover any source code to this Site or the Service. In addition, You may not create any derivative works from the Logi-Serve IP. You may not rent, lease, or lend the Service. You must comply with all applicable laws regarding use of the Logi-Serve IP. Except as provided in this Agreement, Logi-Serve does not grant You any express or implied right in or under any Logi-Serve IP. All rights not expressly granted herein are reserved to Logi-Serve and Logi-Serve Providers. Content available on this Site is NOT FREE and is not in the public domain.
- You agree that You will NOT: (a) permit others to use Your user name or password, nor impersonate another person, nor falsify information nor attempt to gain unauthorized access to this Site in any way, (b) copy any portion of any input, response or Evaluation available through this Site or the Service or forward any Evaluation, or portion thereof (if provided to You), to any third party not authorized by the Client to view such Evaluation, (c) use the Service for any reason other than for the internal business purposes of the Client and not for other personal or professional reasons whatsoever, and (d) provide answers to questions or input requested data that are untrue, incorrect or misleading in any way.
- Evaluations are made available to Clients, so that the Client may utilize the Evaluation as one of a number of factors to assist them in making an informed hiring or continued service relationship decision, and as a tool in the comprehensive picture of a Candidate’s prospective and/or current employment, agency, independent contractor, subcontractor or other relationship with Client. You acknowledge that Logi-Serve has advised Client that such Evaluation shall not be relied on solely in making a decision concerning a Candidate’s prospective and/or current and/or continued employment, agency, independent contractor, subcontractor or other relationship with Client. Further, You acknowledge that Logi-Serve is not responsible for any use of this Site, the Service or Evaluation that is discriminatory against any Candidate’s prospective, current and/or continued employment, agency, independent contractor, subcontractor or other relationship with Client or termination thereof on the basis of any legally or otherwise protected status, such as race, color, religion, sex, national origin, sexual orientation, age, disability or other legally protected status. You acknowledge and agree that Logi-Serve shall assume no responsibility for and shall not be held liable for any use of this Site, the Service and/or an Evaluation which results in any damage or loss related to a hiring, firing, promotion, demotion or other human resource decision.
- DISCLAIMER OF WARRANTY.
THE INFORMATION PROVIDED IN ANY EVALUATION IS PROVIDED “AS IS” AND IS SUBJECT TO THE DISCLAIMER OF WARRANTIES SET FORTH BELOW. FURTHER, LOGI-SERVE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENCY OF THE SERVICE, OR USE OF ANY INFORMATION PROVIDED THROUGH USE OF THE SERVICE, IN AN EVALUATION OR IN ANY PORTION THEREOF BY CLIENT, YOU OR ANYONE ELSE.
The Client alone is responsible for determining that the Service best suits its needs. Logi-Serve makes no representations that the Service or Evaluations conform to or satisfies any federal, state or local laws. You are encouraged to engage professional assistance to evaluate the suitability of the Service and Evaluations for Your use. Logi-Serve makes no claims that the Service or Evaluations are suitable for Your application. You acknowledge that there are and may in the future be laws which restrict the provision and/or use of the Service for export and other prohibited purposes. It is Your responsibility to determine Your compliance with the terms thereof.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, THE SERVICE AND/OR ALL EVALUATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NONE OF LOGI-SERVE, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS/CONTENT PROVIDERS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS MAKE ANY WARRANTY THAT: (A) THIS SITE, THE SERVICE OR AN EVALUATION WILL MEET CLIENTS’ OR YOUR REQUIREMENTS OR EXPECTATIONS; (B) THIS SITE OR THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS; (C) THE RESULTS OBTAINED THROUGH THE USE OF THIS SITE, THE SERVICE OR AN EVALUATION WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THIS SITE OR THE SERVICE WILL BE CORRECTED.
Further, You acknowledge that the Service and this Site may contain errors, omissions, inaccuracies, or outdated information. Logi-Serve does not warrant reliability of any statement or other information displayed or distributed through this Site. Logi-Serve reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. Logi-Serve may make any other changes to this Site, the Service and the products, programs, services, or prices (if any) described in this Site at any time without notice.
- LIMITATION OF LIABILITY.
YOU AGREE THAT LOGI-SERVE AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE SERVICE, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL LOGI-SERVE OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER LOGI-SERVE OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Any cause of action You may have with respect to Your use of this Site or otherwise arising against Logi-Serve and/or its Providers for any reason whatsoever must be commenced within one (1) year after the claim or cause of action arises.
- As a convenience to You, Logi-Serve may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If You use any Linked Sites, You will leave this Site. If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Logi-Serve. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Logi-Serve. Logi-Serve does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that Logi-Serve or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Logi-Serve or any of its affiliates or subsidiaries. Except for links to information authored by Logi-Serve, Logi-Serve is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If You decide to visit any Linked Sites and/or transact any business thereon, You do so at Your own risk. Logi-Serve reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
- Modification and Amendment. Logi-Serve reserves the right to modify this Agreement and/or the Service at any time and without notice. Continued use of this Site and/or the Service following a modification shall indicate Your acceptance of the modified terms and conditions of this Agreement and the Service.
- Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law or public policy, or otherwise unenforceable, the remaining provisions shall remain in full force and effect and a court of competent jurisdiction shall supply a provision or provisions which most closely approximates the original intent of the parties to replace the affected provision(s).
- Waiver. No term or provision hereof shall be deemed waived and no breach consented to or excused, unless such waiver, consent, or excuse shall be in writing and signed by the party claimed to have waived or consented. In the event either party consents, waives, or excuses a breach by the other party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.
- Disputes. Any dispute, controversy or claim, counterclaim, or cross claim, whether based on contract, tort, statute, fraud, misrepresentation, strict liability or any other legal theory between Logi-Serve and You (a “Dispute”), that arises out of or relates to any of the matters covered hereby shall be resolved in accordance with the procedures described in this Section 14.d. Without limiting the generality of the foregoing, the matters subject to arbitration shall include the following: (i) any claim of breach of this Agreement, (ii) any question regarding the existence, validity or termination of this Agreement, (iii) any claim that this Agreement is invalid, illegal or otherwise voidable, (iv) any dispute or claim as to whether a matter is arbitrable under this provision, (v) any and all claims and rights arising under local, state or federal laws, statutes, ordinances or regulations, and (vi) any dispute or claim resulting or growing out of activities performed or obligations imposed under this Agreement, regardless of whether the dispute or claim sounds in contract, tort, strict liability, fraud, misrepresentation or a statutory cause of action.
In the case of a Dispute, the parties hereby establish an internal hierarchy to facilitate resolution of any Dispute as set forth below: (A) Upon written request of Logi-Serve or You, each of Logi-Serve and You shall appoint a designated representative whose task it shall be to meet for the purpose of endeavoring to resolve such Dispute. Prior to any initial meeting, the designated representatives shall provide to each party written notice of any Dispute, which notice shall include a detailed description of the claim or dispute sufficient to allow a full analysis and complete response. Each party shall exercise good faith in providing its response to any claim or dispute, in advance of the first meeting between or among designated representatives. The designated representatives shall meet as often as the parties reasonably deem necessary to discuss the Dispute in an effort to resolve the Dispute without the necessity of any further proceeding. (B) Each of Logi-Serve and You shall negotiate in good faith in an attempt to resolve the Dispute for a period of not greater than 60 days after notice of the Dispute is received by the parties. (C) If the parties are unable to resolve any Dispute as contemplated by this Section 14.d., the dispute shall be submitted to mandatory and binding arbitration at the election of either Logi-Serve or You. (D) The arbitration shall be pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then pertaining and shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Sections 1-16. A single arbitrator shall decide the matter. The arbitrator shall be appointed in accordance with the AAA Rules. The Optional Rules for Emergency Measures of Protection of the AAA shall apply if a party believes it needs emergency relief prior to the appointment of the arbitrator. Any award(s) of the arbitrator shall include Findings of Fact and Conclusions of Law and shall be a Reasoned Award, all as defined by the AAA Rules. Any award(s) of the arbitrator shall be subject to the confidentiality provisions of this Agreement. The award(s) rendered by the arbitrator in accordance with this provision shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. (E) The organization providing arbitration services and any arbitrators appointed thereby, or those selected by the parties, shall have no jurisdiction, power or authority to decide or award the damages referenced in Section 8 of this Agreement. It is the expressed intention of the parties to this Agreement that You waive the right to seek or recover such damages from Logi-Serve. (F) The place of arbitration shall be at the office of the American Arbitration Association in Southfield, Michigan or such other place where such office shall have been relocated after the date of this Agreement. The parties expressly covenant and agree to be bound by the decision of the arbitrator and accept any such decision as the final determination of the matter in dispute. Any decision, award and/or judgment rendered by the arbitrator may be entered in any court having competent jurisdiction. The expenses and fees of the arbitrator shall be borne as set forth in the award of the arbitrator. Unless Logi-Serve is not entitled to any amounts of money from You as determined in the decision of the arbitrator, You shall reimburse Logi-Serve all of its costs and expenses in connection with the matters contemplated by this Section 14.d, including court costs, reasonable attorneys’, accountants’, consultants’ and experts’ fees and other costs and expenses incident to the transaction or proceedings or investigation or defense of any claim (whether or not litigation has commenced). Unless otherwise expressly provided by the arbitrator in writing, You shall bear Your own legal fees and expenses and all other fees and expenses incurred by You in connection with any Dispute. The arbitrator shall be bound to apply the substantive law of the State of Michigan, without regard to its conflicts of laws provisions. Arbitration of a Dispute involving the application of the terms of this Agreement shall be decided by the arbitrator in accordance with the express terms of this Agreement. (G) An award of the arbitrators shall be exclusive, final and binding on all parties, their successors and assigns and subject to judicial review only under the limited circumstances described in the United States Federal Arbitration Act. (H) The litigation of any issues relating to vacating, modifying, or correcting the award or claims about the arbitrator or the arbitration shall be brought in the courts specified in Section 14.f. The arbitrator shall permit discovery and rule on matters of confidentiality as it determines is appropriate under the circumstances. The parties stipulate that the provisions of this Section shall be a complete defense to any action or proceeding instituted in any federal, state or local court or before any administrative tribunal with respect to any controversy or dispute arising out of this Agreement. The procedures specified in this Section 14.d. shall be the sole and exclusive procedures for the resolution of a Dispute; provided, however, that a party, without prejudice to the above procedures, may seek a preliminary injunction or other equitable relief, if such action is necessary to avoid irreparable damage or to preserve the status quo.
- Injunctive Relief. You acknowledge and agree that the Logi-Serve IP is the proprietary and valuable trade secret and asset of Logi-Serve and/or Logi-Serve Providers and, further, that any unauthorized use, disclosure or dissemination thereof will cause irreparable harm and loss to Logi-Serve and/or Logi-Serve Providers for which there may be no adequate remedy at law. In such event, Logi-Serve and/or Logi-Serve Providers shall be entitled to injunctive relief to prohibit such unauthorized use, disclosure or dissemination, without the necessity of posting bond or other security or proving actual damages.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF MICHIGAN, EXCLUDING THE STATE OF MICHIGAN’S CHOICE OF LAW RULES. SUBJECT TO THE ARBITRATION PROVISIONS CONTAINED IN SECTION 14.d. HEREIN, THE PARTIES HERETO SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF MICHIGAN, U.S.A. AND THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, EXPRESSLY WAIVING ANY VENUE OR JURISDICTION TO WHICH THEY MAY BE ENTITLED BY THEIR PRESENT OR FUTURE DOMICILES.
- You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from Logi-Serve solely through electronic transmission. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
IT IS RECOMMENDED THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR USE.