Terms & Conditions: Home Improvement Customers

REFERREDEXCELLENCE.COM reserves the right to forward request for estimates to other service professionals in a same or similar category due to workload or seasonality that were originally submitted by a consumer.

1. REFERREDEXCELLENCE.COM™ SERVICES. At REFERREDEXCELLENCE.COM™ we are committed to making your total REFERREDEXCELLENCE.COM™ experience a positive one. Upon entering your information and the request for which you would like a service, the site will provide you with a list of service companies who operate in the area and city you designate.
   However, we do not guarantee that we will be able to match your service needs with a service company (s) or that there are service company (s) 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 company (s), we make no guarantees or representations regarding the skills or representations of such service company (s) or the quality of the job that he or she may perform for you if you elect to retain their services. REFERREDEXCELLENCE.COM™ does not endorse or recommend the services of any particular service company (s). It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service company (s), and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service company (s) are not employees or agents of REFERREDEXCELLENCE.COM™, nor is REFERREDEXCELLENCE.COM™ an agent of the service company (s). REFERREDEXCELLENCE.COM™ does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service company (s) are governed by the terms of such contracts and by applicable federal, state and local laws. Should you have a dispute with any service company (s), you must address such dispute with the service company (s) directly, AND YOU HEREBY AGREE TO RELEASE REFERREDEXCELLENCE.COM™ (AND THE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER, SPONSORS OR SUPPLIER WHO MAY EMPLOY THE REFERREDEXCELLENCE.COM AND ITS PARENT COMPANY KBA CONSULTING GROUP, INC.) 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 COMPANY (S).
2. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. While we cannot guarantee the work performed by a listed service company (s), and while we have no obligation to you with regard to your relationship with a service company (s), the REFERREDEXCELLENCE.COM™ resolution process has been developed to try and assist you in resolving any workmanship problems that may arise in the course of a home improvement repair or maintenance project that we are notified of within six months of job completion and which may be the fault of a service company (s) who you learned about through the REFERREDEXCELLENCE.COM™ services. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a service company (s). Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
3. INFORMATION YOU PROVIDE TO US. Upon using the REFERREDEXCELLENCE.COM™ services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our Web site. Some of this information will be sent to service company (s) who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service company (s) and providers 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 other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with REFERREDEXCELLENCE.COM™ and its partners and thus agree to be contacted by REFERREDEXCELLENCE.COM™ and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or ReferredExcellence.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, REFERREDEXCELLENCE.COM™ has the right to refuse any current or future use of the REFERREDEXCELLENCE.COM™ services (or any portion thereof) by you. You are responsible for any use of the REFERREDEXCELLENCE.COM™ services by persons to whom you intentionally or negligently allow access to your password.
4. YOUR USE OF THE REFERREDEXCELLENCE.COM™ SERVICES. You acknowledge and agree that your use of the ReferredExcellence.com services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the REFERREDEXCELLENCE.COM™ Web site, including but not limited to Service company (s) profiles, screening information, and Ratings & Reviews (including any ratings and reviews provided by you), is the sole and exclusive property of REFERREDEXCELLENCE.COM™, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to REFERREDEXCELLENCE.COM™ for any such damages, and will indemnify REFERREDEXCELLENCE.COM™ in the event of any third party claims against REFERREDEXCELLENCE.COM™ based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the REFERREDEXCELLENCE.COM™ Web site and services at any time. All information about service company (s) is confidential and for your personal use only. If it is determined or suspected by REFERREDEXCELLENCE.COM™ in its sole discretion that you are misusing or attempting to misuse or circumvent the REFERREDEXCELLENCE.COM™ services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, REFERREDEXCELLENCE.COM™ reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
   TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO REFERREDEXCELLENCE.COM AND ITS SERVICE COMPANY (S) PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO REFERREDEXCELLENCE.COM™ AND EACH REFERREDEXCELLENCE.COM™ SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $15,000 TO EACH OF REFERREDEXCELLENCE.COM™ AND EACH OF THE AFFECTED SERVICE COMPANY (S) AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
5. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, data sheets, content, informational items and FAQs) from the REFERREDEXCELLENCE.COM™ server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of REFERREDEXCELLENCE.COM™. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the REFERREDEXCELLENCE.COM™ Web site or any other REFERREDEXCELLENCE.COM™ owned, operated, licensed or controlled site. Elements of ReferredExcellence.com Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any REFERREDEXCELLENCE.COM™ web Site may be copied or retransmitted unless expressly permitted by REFERREDEXCELLENCE.COM™. REFERREDEXCELLENCE.COM™ AND/OR ITS RESPECTIVE SUPPLIERS AND SPONSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REFERREDEXCELLENCE.COM™ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE REFERREDEXCELLENCE.COM WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REFERREDEXCELLENCE.COM™ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
6. LINKS TO THIRD PARTY SITES. The links in the REFERREDEXCELLENCE.COM™ Web site will let you leave REFERREDEXCELLENCE.COM™'s Web site. The linked sites are not under the control of REFERREDEXCELLENCE.COM™ and REFERREDEXCELLENCE.COM™ is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. REFERREDEXCELLENCE.COM™ is not responsible for web casting or any other form of transmission received from any linked site. REFERREDEXCELLENCE.COM™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by REFERREDEXCELLENCE.COM™ of the site.
7. SERVICE COMPANY (S) PRESCREENING PROCEDURES AND DISCLAIMERS. REFERREDEXCELLENCE.COM™ uses the following criteria as part of its registration enrollment process ("registration") for new service company (s) applying for membership on our website.
   • Licensing - REFERREDEXCELLENCE.COM™ confirms at the time of a service company (s) registration, that prospective new service company (s) members have all applicable required state-level trade licensing.
   • Legal - REFERREDEXCELLENCE.COM™ utilizes third party services that record legal information to check for significant recorded state-level civil legal judgments entered against a prospective new service company (s) member by business customers within the three years prior to such service company (s)' registration. REFERREDEXCELLENCE.COM™ does not make any representations or warranties as to the accuracy or completeness of the information provided by the third party services.
   • Insurance - Wherever possible, REFERREDEXCELLENCE.COM™ confirms insurance and bonding information presented by member service company (s) in their profiles at the time of registration.

   NOTE: Member service company (s) information confirmed as described above may change or expire over time; while REFERREDEXCELLENCE.COM™ attempts to maintain accurate and up-to-date information, and confirms changes when notified, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service company (s) you verify that information presented is still current and/or acceptable to you.

   *Given the unique nature of CA licensing, REFERREDEXCELLENCE.COM™ relies on representations of service company (s) that are using CA General building contracting license to cover home improvement tasks, that such service company (s) are performing more than one task as defined and required by CA licensing rules.

   Service company (s)s Profiles: REFERREDEXCELLENCE.COM™ in some instances allows Service company (s) to post profiles about themselves and their business on the REFERREDEXCELLENCE.COM™ Web site. ReferredExcellence.com does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service company (s).

   The above procedures may change from time to time at the sole discretion of REFERREDEXCELLENCE.COM™. REFERREDEXCELLENCE.COM™ believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate insurance at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, REFERREDEXCELLENCE.COM™ advises consumers to check these matters for themselves especially at future dates. REFERREDEXCELLENCE.COM™ does not represent or warrant that the information received from state or government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that REFERREDEXCELLENCE.COM™ checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

   DISCLAIMER: REFERREDEXCELLENCE.COM™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

8. 8INDEMNIFICATION. YOU AGREE TO INDEMNIFY REFERREDEXCELLENCE.COM™ AND ITS PARENT COMPANY KBA CONSULTING GROUP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SPONSORS AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE REFERREDEXCELLENCE.COM SERVICES OR IN CONNECTION WITH THE REFERREDEXCELLENCE.COM WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. GENERAL PROVISIONS. You acknowledge and agree that the REFERREDEXCELLENCE.COM™ services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and REFERREDEXCELLENCE.COM™'s sole obligation to you or any third party for any claim arising out of your use of the REFERREDEXCELLENCE.COM™ services or the REFERREDEXCELLENCE.COM™ Web site, is that you are free to discontinue your use of the ReferredExcellence.com services or the ReferredExcellence.com Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, REFERREDEXCELLENCE.COM™ IT'S AFFIALTES AND SPONORS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT REFERREDEXCELLENCE.COM SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF REFERREDEXCELLENCE.COM™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of REFERREDEXCELLENCE.COM™'s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of REFERREDEXCELLENCE.COM™ to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the REFERREDEXCELLENCE.COM™ 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. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms and Conditions will be brought solely in a court in Placer County, California.

© 2005-2009 REFERREDEXCELLENCE.COM™, All rights reserved.