helping denver real estate agents, their clients and all homeowners find prescreened real estate related services
terms of service
Agreement to Terms
These Terms of Service apply to Qualified Real Estate Services, Inc. ("QRES") and its website at qualifiedrealestateservices.com (with a link to such website from qualifiedlist.com) and any other website and URLS controlled by or operated by QRES (collectively, the "Website").
You must read, agree and accept all of the terms and conditions contained in these Terms of Service prior to using the Website. By using the Website in any way, you expressly agree to and accept all of the terms and conditions contained in these Terms of Service without any modification whatsoever. Even if you have read and approved a prior version, you agree to the version that is effective as of the date you use the Website.
QRES reserves the right to change these Terms of Service at any time and without notice. All changes will become effective thirty days after QRES first posts them on the Website.
Services
QRES offers only the following service: providing a list of service vendors (each a "Member") who perform work in certain fields related to real estate (the "Qualified ListT"). The Members pay QRES for being listed on this Qualified ListT. QRES limits each category to five Members. The Qualified ListT is filled on a first come, first serve basis. QRES does not make any investigation whatsoever into the quality or reliability of the Member or the work performed by the Member or whether these Members are top vendors in their field or are qualified to perform work in their field.
You understand that QRES has prescreened the Members on the Qualified ListT. This screening process may have included a criminal background check, confirmation that the Member has all licenses and permits that are required for such Member and obtaining certificates of insurance and/or bonds. QRES relies on third parties to perform some or all of the screening process, and cannot be held responsible for any inaccurate information regarding the Members.
You understand and agree that QRES does not assume any responsibility for screening any employees of any of the Members, and cannot be held liable for any actions taken (or failure to act) by a Member or any employee, contractor or agent of a Member.
QRES encourages you to take whatever safety precautions you think you should take related to your safety. You are responsible for your own safety.
You shall shop around and compare bids before entering into a transaction with a particular Member. You shall not rely solely on this Website or the Qualified ListT for your information on Members. You shall consider all information and make a reasoned choice as to who to use for the project.
It is up to you to investigate whether a Member is suitable or qualified to perform your service request and negotiate a services agreement with such Member. We recommend that you hire an attorney to help you with the agreement so you can make sure your interests are protected. While there is a cost associated with this, it could save you a lot of money (and the stress of a dispute) in the long run.
Doing Business with a Member
You understand that QRES' agreement with the Members requires that the Members promise to:
1. specify in writing all terms, conditions and specifications related to the job the Member is contracted to do and strictly adhere to those terms and conditions;
2. not charge more than the original contracted amount and all additional charges, costs associated with any changes, deviations and amendments to the original contract that are contained in a writing that has been signed by the customer; and
3. not require advance payment from you except when:
a. a major credit card is used for payment; or
b. an escrow account is set up for payment of services (except that accountants, attorneys and other professional, licensed service providers who typically require retainers before commencing work may hold a retainer directly in accordance with their customary practice).
Paying in Advance
You understand that paying a Member before the work is performed is risky. If you choose to pay in advance you assume full responsibility for all risks that may arise in having done so.
Out of Date Screening Information
QRES merely provides contact information for its Members whom you may wish to hire. Worker's compensation and general liability insurance, licensure and permits, etc. are verified at the time the Member's membership begins. That information by its nature may change and become out of date or inaccurate. We in no way represent, warrant or guarantee that any information that our Website includes on the Members is or remains accurate. It is your sole responsibility to request and verify that the Member has current proof of insurance and all necessary licensing and permitting at the start of any project.
Complaints and Disputes
While QRES does not guarantee the work performed by a Member and while it has no obligation to you with regard to your relationship with the Member, QRES offers its limited assistance in any dispute you may have with a Member. If you have a complaint or a dispute with a Member you have hired, you may contact QRES for help in resolving the dispute. If you desire QRES' assistance, you shall contact QRES within ten days of the dispute arising by using the Complaint Form available on this Website. QRES may provide reasonable assistance in resolving the dispute; however, you must participate and use good faith efforts in attempting to resolve the dispute. QRES shall have the absolute discretion of determining when its assistance will no longer be given. Such limited assistance and any termination thereof in no way nullifies the release and indemnity provisions described in these Terms of Service. You understand that while QRES may be willing to assist you, you are responsible for looking out for your best interests and must perform all actions and provide all information requested of you by QRES, and you cannot rely solely on QRES to resolve the matter. You shall not hold QRES responsible for any disputes, problems or damages arising out of or relating to your dealings with Members, their employees, affiliates, contractors or agents.
You understand that you may have certain legal rights to litigate the dispute in a court of law. You also understand that there are certain deadlines associated with bringing litigation. You shall not look to QRES for assistance in determining what the deadlines are.
No Warranty
QRES does not warrant, guarantee or represent the qualifications of the Members or the quality of their work, ability, reliability or timeliness or any other aspect of the work done by any of the Members in the Qualified ListT in any way, and does not endorse or make any recommendation with regard to the Members. Further, QRES does not warrant, guarantee or represent that any information regarding the Member contained on this Website is true, accurate and complete. None of the Members in our Qualified ListT is an agent or representative of QRES for any purpose whatsoever.
You acknowledge and agree that QRES and its owners, directors, officers, employees, agents and representatives provide this Website and the services on this Website on an "as is" basis. QRES does not represent or warrant, either expressly or implicitly, the prescreening process, criteria, procedures or information obtained or presented in the prescreening process or disclosures including, but not limited to, that Members are appropriately licensed or qualified, have passed a criminal background check or carry appropriate general liability insurance or bonding whether at the time they became Members or at any time thereafter. QRES and its owners, directors, officers, employees, agents and representatives specifically disclaim any express or implied warranties, including the warranties of merchantability or fitness for particular purpose that its prescreening procedures are sufficient or that the information received in these prescreening procedures is accurate, timely or error-free. Some states do not allow the disclaimer of implied warranties, so this foregoing disclaimer may not apply to you.
No Liability
You agree, as a condition of using this Website that you shall not hold QRES and/or its owners, officers, directors, employees, contractors and agents responsible for any loss, damage or financial problems whatsoever arising from use of this Website or your dealings with Members or their affiliates, subcontractors or agents.
In no event shall QRES or its owners, directors, officers, employees, agents and representatives be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising out of or related to our Website, our services, these Terms of Service or your dealings with any Members. Some states do not allow the exclusion or limitation of damages, so the foregoing limitation or exclusion may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless QRES, its directors, officers, employees, agents and representatives from any claim or demand of any kind whatsoever, including costs and attorney's fees and expert witness fees, made by any third party arising from or related to your breach of these Terms of Service, your use of the Website or your violation of any law or your violation of the rights of any third party.
You further hereby release and hold harmless QRES and its owners, directors, officers, agents, employees and representatives from any and all claims and demands, including costs and attorney's fees, of any kind whatsoever arising out of or related to any agreement or dispute between you and a Member.
Links to Other Websites
This Website contains links from and to other websites that are not controlled by QRES. QRES is not responsible for the terms of service or any other governing terms or conditions or the security of any other websites. QRES provides these links merely as a convenience, and does not endorse any of these websites.
No Agency
You are not an agent of QRES for any purpose whatsoever, and QRES is not your agent for any purpose either. Additionally, QRES is not an agent of any of its Members, and none of its Members are agents of QRES.
Information You Submit
Whenever you submit personal information to QRES, such as your name or email address or the name of a Member when notifying QRES of a complaint or a dispute, you specifically represent and warrant that such information is true, correct and complete. We intend to give users of our Website the ability to file a complaint against our Members, and we intend to publish the complaints (or a summary thereof) on the Website. QRES' and/or a Member's reputation could be seriously damaged in the event information is submitted that is false (including, but not limited to, exaggerations). To knowingly submit false information is a fraudulent act and will be taken very seriously by QRES. If you knowingly or recklessly (as determined by QRES in its sole discretion) submit false information, including the information of anyone other than yourself, you hereby agree to defend, indemnify and hold harmless QRES, its owners, directors, officers, agents, employees, representatives, users and Members of QRES from and against any and all claims, liabilities, damages and costs (including attorney's fees and expert witness fees) arising out of or related to the false information.
Anything you submit to QRES shall become the exclusive property of QRES, and such submission is your consent to the publication and distribution of such information at no compensation to you. Moreover, by submitting any request or complaint or testimonial in writing to QRES, you are consenting to us and the Member contacting you via phone, fax, email, mail or other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state or local "Do Not Call" list or similar list, in order that we may assist you in resolving the dispute.
Privacy Policy
See our Privacy Policy on this Website.
Revocation of Access
QRES reserves the right, in its sole discretion, to terminate your right to use QRES or the Website at any time, for any reason, and without notice. If QRES determines or suspects, in its sole discretion, that you are misusing, or attempting to misuse, its services or Website, including using the services or Website for any purpose other than your personal, non-commercial use, your access to the services and the Website may be terminated immediately without notice to you.
Sole and Exclusive Remedy
If you are unhappy with this Website or information you obtain through this Website, including but not limited to, the names of any Members, your exclusive remedy is to stop using this Website. You agree that QRES shall have no liability for direct, indirect, special, incidental, consequential, exemplary or punitive damages, even if QRES has been advised of the possibility of such damages, arising out of these Terms of Service or use of the Website.
Governing Law; Venue
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Colorado without regard to conflict of law principles. You hereby agree that any dispute commenced pursuant to these Terms of Service shall be brought in a state or federal court situated exclusively in the City and County of Denver , Colorado or Arapahoe County , Colorado . You hereby waive all objections to personal jurisdiction or venue.
Successors
These Terms of Service and the rights and obligations hereunder shall bind and inure to the benefit of each party's respective successors, assigns, heirs and personal representatives.
Severability
If any provision of these Terms of Service is determined by a court of competent jurisdiction or an arbitrator to be unenforceable, such provision shall be modified to the extent necessary to make such provision enforceable to the fullest extent permitted by law. If no such modification will make the provision enforceable, such provision shall be stricken without invalidating the remaining provisions.
Protection of Website
Elements of this Website are protected by copyright, trade dress, trademark, unfair competition and/or other laws, and may not be copied or imitated without the express written consent of QRES in advance of any such copying or use.
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