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Please read carefully. This describes
the terms and conditions under which Quality Professional offers the
services provided through our web site.
By accepting these terms, you confirm
that you are 18 years of age or older, are capable of entering into a
binding agreement, and that you will accurately complete any subscriber
information submitted to us.
1. General Disclaimer
In using QualityProfessional.net's service,
you acknowledge that QualityProfessional.net is not acting as your general
contractor, agent, or advisor. Therefore, it is your sole responsibility
to select a contractor and to negotiate the terms for any work performed.
You may want to consult with appropriate expert advisors to assist in your
home improvements, including a lawyer regarding contracts, permits, and
other necessary job documentation and an insurance professional regarding
the contractor's and your own insurance coverage requirements.
QualityProfessional.net does not recommend or
endorse any specific service provider, provide advice on which service
provider to select, or screen any individual service provider's personal
credit or legal standing.
We do not guarantee that we will be able to
match your service needs with a service professional or that there are
service professionals in your area that either are capable or willing to
complete your service needs. Although we take certain steps to examine the
credentials of our listed service professionals, we make no guarantees or
representations regarding the application or installation skills of such
service professional or the quality of the job that he or she may perform
for you if you elect to retain their services. 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. Your rights under
contracts you make with service professionals typically are governed by
your state and local laws. Should you have a dispute with any service
professional, you must address such dispute to the service professional
directly, and you hereby agree to release QualityProfessional.net (and our
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 QualityProfessional.net 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 service professionals.
QualityProfessional.net relies on electronic
data provided by third parties and on statements made by service providers
and their references to determine which service providers to include in
our database. Due to the inherent time delay in the data gathering
process, pending actions or other issues affecting a service provider's
record may have occurred which were not captured by the third party data
sources used. QualityProfessional.net does not guarantee that any service
provider has licensing or insurance coverage at the time you enter into an
agreement with the service provider and makes no representation as to the
adequacy of any licensing or insurance coverage (including amount,
breadth, or type). The existence of an insurance or licensing certificate
does not guarantee that the insurance is in effect, as the service
provider may cancel the insurance without QualityProfessional.net's
knowledge. Unless otherwise specifically stated, QualityProfessional.net
does not endorse any product or service described in, offered on, or
linked to QualityProfessional.net's websites.
2. Links to Third Party Sites
The links in the QualityProfessional.net web
site will let you leave QualityProfessional.net's web site. The linked sites
are not under the control of QualityProfessional.net and
QualityProfessional.net is not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or updates to
such sites. QualityProfessional.net is not responsible for web casting or
any other form of transmission received from any linked site.
QualityProfessional.net is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
QualityProfessional.net of the site.
3. Use of Account
In order to protect you and others, you and
other users of your account must comply with all applicable laws and
regulations when using QualityProfessional.net's service and must not use
our service to impersonate or harass any other person.
You may copy information provided by
QualityProfessional.net for your personal use, but you must retain any
copyright notice and other proprietary notice on copied information. You
are not permitted to reproduce, distribute, transmit, publish, or
commercially exploit any information provided by QualityProfessional.net
without the appropriate permission of the copyright owner. This
prohibition precludes emailing, faxing, posting to any bulletin board,
storage in a database accessible to persons other than yourself, or
otherwise making information available electronically or in any other
form.
4. Changes to the Service or Terms
QualityProfessional.net may from time to time
without notice change, add, or remove certain features of our service or
change the terms of this Agreement.
5. Disclaimer of All Warranties
You understand that QualityProfessional.net
has no control over any Third Party services. QualityProfessional.net and
its suppliers make no warranty that the service or the Third Party
services will meet your requirements or that use of the service or the
Third Party services will be uninterrupted, timely, secure, or error-free;
nor do QualityProfessional.net or its suppliers make any warranty as to the
results that may be obtained from use of the service or the Third Party
services, or the accuracy or reliability of any information obtained
through the service or the Third Party services, or that any defects in
the service or the Third Party services will be corrected.
QualityProfessional.net and its suppliers disclaim all warranties of any
kind, whether express, implied, or statutory, regarding the service or the
Third Party services. Any material or data obtained through use of the
service or Third Party services must be used at your own discretion and
risk. Some states or jurisdictions do not allow the exclusion of certain
warranties. Therefore, nothing in this section should be construed as
excluding or limiting any warranty beyond what is permissible under
applicable law. QualityProfessional.net does not guarantee the quality or
fitness of any work performed by any service providers.
6. Limitations of
QualityProfessional.net's Liability Release
QualityProfessional.net and its suppliers
will not be liable for damages of any nature arising from or relating to
your use of the service or the Third Party services or use thereof by
anyone else through your account. QualityProfessional.net's total cumulative
liability to you and anyone who uses the service or the Third Party
services through your account, for any and all claims under any theory of
law (including negligence), will not exceed $100 or the aggregate amount
you paid to QualityProfessional.net in the preceding 12 months, whichever is
greater. Some states or jurisdictions do not allow the exclusion or
limitation of certain types of liability. Therefore, the above limitations
of liability may not apply to you to that extent, and nothing in this
section should be construed as excluding or limiting
QualityProfessional.net's liability beyond what is permissible under
applicable law. You agree not to hold QualityProfessional.net responsible
for any damages or other liabilities arising from work performed by any
contractor. Because QualityProfessional.net is not and cannot be involved in
your dealings with service providers or control whether or not service
providers will complete any work as agreed, in the event that you have a
dispute with one or more service providers, you release
QualityProfessional.net (and our agents and employees) from any and all
claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
7. Disputes
You agree that, unless otherwise prohibited
by law, all disputes, claims, or causes of action, in law or equity,
arising from or relating to this Agreement or its enforcement,
performance, breach, or interpretation shall be resolved solely and
exclusively by confidential final and binding arbitration in El Paso
County, Colorado. Any such controversy or claim shall be arbitrated on an
individual basis and shall not be consolidated in any arbitration with any
claim or controversy of any other party. Judgment on the arbitration award
may be entered into any court having jurisdiction thereof. You agree that
any claim or cause of action arising out of or related to use of QualityProfessional.net services or the Terms and Conditions must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
8. Miscellaneous
You agree that QualityProfessional.net, it's
member contractors, and affiliated partners may use your contact
information, including your email address to contact you regarding this
project, and to provide you with related content including our monthly
newsletter. If you have previously opted out of our email list, submitting
this form will opt you in. If at anytime you wish to be removed from our
follow up or newsletter lists, you may contact us at
customercare@qualityprofessional.net and request to opt-out of future
communications.
QualityProfessional.net, the service
providers, and any QualityProfessional.net Partners are separate entities
and share no agency, partnership, franchise, joint venture, or employment
relationship. You agree that this Agreement will be governed by the laws
of the state of Colorado, in the same manner and to the same extent that
such laws apply to agreements between Colorado residents performed entirely
within Colorado. If any provision of this Agreement is invalid or
unenforceable under applicable law, such provision will be deemed modified
to the extent necessary to render such provision valid and enforceable and
the other provisions of this Agreement will remain in full force and
effect. This document and the pages referred to herein represent the
entire agreement governing your use of the service and supersede any prior
or contemporaneous written or oral statements by QualityProfessional.net or
its representatives or resellers.
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