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QualiStar Home Home: Legal Disclosurel
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Legal Disclosure
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Terms of Service

This document describes the terms and conditions applicable to a subscriber's use of information and services offered by QualiStar LLC.

The services available online at www.qualistar.com (hereinafter referred to as the “Services”) are owned and operated by QualiStar LLC (hereinafter referred to as “QualiStar”) and are provided under the following terms and conditions (hereinafter referred to as the "Agreement").

By using this site, you agree to be bound by these terms and conditions.

Services

QualiStar is a referral service that matches requests from potential customers with individuals and entities that offer products or services that may be able to meet Homeowners needs. QualiStar is not involved in the actual transaction between Buyers and Businesses. Consequently, QualiStar cannot ensure that a transaction will occur. Further, if a transaction does occur, QualiStar has no control over the quality, safety or legality of the item or service sold. QualiStar does perform reference checks on all individuals and entities that offer their products and or services to our potential customers and current Certificates of Insurance and licensure, when and where applicable, are also retained in our office. Customer Satisfaction Surveys are performed at the completion of each job and the results thereof retained, as well. This service is free for Homeowners to use in submitting requests and reviewing responses. QualiStar does not charge Buyers for use. All charges associated with this service are incurred by the Businesses that respond to requests.

Privacy Policy

All information obtained by QualiStar is used exclusively for the sole purpose of determining the appropriate contractor to refer to the Homeowner and will never be sold to any outside agency.

Conduct

Common sense must be exercised when using the Service. You agree to provide true, accurate, current and complete information to QualiStar when using the Service. QualiStar will not be liable for any loss or damage arising from your failure to comply.

By using this website you acknowledge that QualiStar screens your requests to Businesses and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.

Release

Although QualiStar is not directly involved in the actual transaction between buyers and businesses, we will make every reasonable attempt to mediate activities between homeowners and contractors. However, in the event that you have a dispute, for any reason, you release QualiStar (and our officers, directors, agents, and employees) from claims, demands, and damages (actual or 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.

Indemnity

You agree to indemnify and hold QualiStar (and our officers, directors, agents, and employees) harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the following: Your use of the Services, use of Your account by any third party, Your purchase or use of products or services offered by the Businesses, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.

Warranty Disclaimer

When using QualiStar’s service, you acknowledge that QualiStar is not acting as your general contractor, agent, or advisor. Subsequently, 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.  QualiStar does not recommend nor endorse any specific service provider nor provide advice on which service provider to select.

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 QualiStar (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 QualiStar referral service) 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.

Use of this service is at your own risk. Neither QualiStar nor any of its employees makes any warranties, express or implied, with respect to the services or any content or products, and hereby disclaims any implied warranties, including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement.

Limitation of Liability

In no event shall QualiStar or our employees be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this site, the use or the inability to use the service or this agreement (however arising, including negligence). Our liability, and the liability of our employees to you or any third parties in any circumstance is limited to the amount fees you pay us in the twelve months prior to the date the cause of action arose. The Service is free for Homeowners to use in submitting requests. All charges associated with this service are incurred by the Businesses that respond to requests.

Venue

Any legal action or proceeding with respect to the use of this website shall be brought in the courts of the State of Florida located in Miami-Dade County or of the United States of America for the Southern District of Florida, and, by execution and delivery of this Agreement, the Homeowner hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. To the maximum extent permitted by applicable law, the Homeowner hereby irrevocably and unconditionally waives any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have to the bringing or maintaining of any such action or proceeding in such respective jurisdictions.

Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

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