Terms and Conditions – Last Updated March 20, 2019
Welcome to VALEI (the “Site” or “VALEI”). VALEI is designed to provide consumers with referrals to a variety of vetted professional home and home care service providers.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER
2. Benefits of Using VALEI
There are many benefits to using VALEI, including the following:
- Vetted Independent Service Professionals. Background checks have been performed on all the Independent Service Professionals that use its referral platform. The pre-screening procedures are set forth below in greater detail.
- Book Online & Save Time. Using VALEI eliminates the time it takes to search and find reliable Independent Service Professionals. VALEI provides you with visibility into qualified Independent Service Professionals’ availability, which enables you to move directly to booking your needed service(s) (each a “Service”). Moreover, VALEI allows for booking your Service(s) instantly online or through a customer service agent over the phone once an account has been created for the user. An account must be created to use the services offered by VALEI.
- Buy with Confidence. All Independent Service Professionals referred by VALEI are pre-qualified pursuant to multiple guidelines. Additionally, you will be covered by the “VALEI Buyer Protection Plan” the terms and conditions of which can be found here, which protects you if you are unhappy with the Independent Service Professional referred to you.
Valei Professional Fees: Unless otherwise notified the following is a breakdown of Valei’s professional Service fees. These fees may be in excess to any third party service order, if applicable, as a cost for coordination, vetting and payment processing:
$22 / hr (min 2 hr) + special supplies
$39.99 / request + related costs
Minimum 1x /week inspection @ specified base rate / Month + $49.99 / hr for additional labor outside the scope of base home watch program (Includes vendor estimates & coordination)
$49.99 min service fee + related request / vendor costs.
$99.99 min service fee + related request/vendor costs
$149.99 min Monthly service <10 vendors. $10 per each additional vendor payment.
Pool & Spa
$49.99 monthly service + related costs
$49.99 monthly service + related costs
Booking Services: You may book Services through VALEI (each a “Service Order”) online from the Site, via the Mobile Application, or by calling customer service at (888) 406-7492. Each Service Order will include the type and scope of work/services needed, the requested date and time of the Service(s), the location at which the Service(s) will be performed, and the estimated cost of the Service(s), if available, or the minimum fee, if applicable. Estimate/Contracting Process: After the Independent Service Professional has arrived at your home/premises, the Independent Service Professional will be solely responsible to assess the problem / request for service. Based on the Independent Service Professional’s assessment of the problem / request for service, the Independent Service Professional may be required to prepare an estimate for your approval if the Independent Service Provider feels compelled to do so should the scope of requested service(s) is beyond what was originally requested. This estimate will be valid for no more than thirty (30) days after it’s provided to you. When you approve the estimate and / or request service(s) online, via phone with VALEI Management or through the the VALEI app, you will also be authorizing the Independent Service Professional to complete the work. If necessary, you may be presented with other contractual terms between you and the Independent Service Professional that you will be asked to approve. If you do not approve, the Independent Service Professional will not perform the work. You understand and acknowledge that the contract for the Service is between you and the Independent Service Professional.
Your Responsibilities: If you request service(s), you agree that: (a) you have the right to grant the Independent Service Professional access to the premises to perform the Services; (b) you will have a representative who is 18 years or older present at all times while the Services are being performed and to agree to these Terms and Conditions. You are responsible for securing all permits, licenses and/or renewals required by any government authority for the Independent Service Professional to complete your Service. You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals. You are responsible for providing the Independent Service Professional with a copy of all necessary permits, licenses and/or renewals issued by the government authority. If your address at which the Service will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the completion of the Service, you agree to advise your Independent Service Professional. You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes. You agree to control and keep pets away from work areas. You agree to keep posted permits on display at all times to the extent required by applicable law. You agree that if you or anyone you control interferes with or delays the Services, you may be subject to transportation/storage charges or other resulting charges. YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.
Cancellation of a Service: You may cancel a requested service(s) but you understand that you may incur minimum fees or penalties if applicable as outlined by VALEI on their website and app when ordering the service(s) up to and until the time that the Independent Service Professional has commenced travel to the Premises to perform the Services. If you wish to cancel after the Independent Service Professional arrives at the premises but before the Independent Service Professional begins the Service, you may be liable for a minimum fee, if applicable, and you will be advised of such at the time you book your Service. Once you agree to the Estimate and the contract and the Independent Service Professional begins to perform Services, if you cancel the Service, you will be responsible to pay for the full amount agreed to on the Estimate.
Payment for Service: Upon the completion of any Service, you will make payment through VALEI. You may pay by credit card, check or other accepted forms of payment. If payment is not made, the amount owed shall incur interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until all amounts owed, including the interest, have been paid in full. In addition, you agree to bear all of our costs of collection, including our attorneys’ fees and other legal expenses.
Liens: If you do not make all payments as required under these Terms and Conditions, the Independent Service Professional may impose a lien on your property until such time as you have paid in full.
4. Independent Service Professional Pre Screening Procedures and Disclaimers
VALEI uses the following criteria as part of its registration enrollment process (“registration”) for new Independent Service Professionals applying to join our network:
a. Criminal Records Search – VALEI uses a 3rd party (the “Background Check Company”) to run the following searches on the Independent Service Professionals identified on the Site: (i) the Background Check Company runs a county and national criminal search, in the state in which the Independent Service Professional is living or has lived, for any relevant criminal activity associated with the Independent Service Professional, within the seven (7) years prior to such Independent Service Professional’s registration with VALEI.
b. Sex Offender Search – The Background Check Company runs a check against the National Sex Offender Public Website based on the name and date of birth of the Independent Service Professional.
c. Terrorist Watchlist Search – We check the Terrorist Watchlist to confirm that there is no match based solely on the name of the Independent Service Professional.
d. Identity Verification (Social Security Number) – VALEI verifies the social security number(s) of the Independent Service Professional’s owner/principal for identity check purposes.
THE ABOVE SCREENING IS PERFORMED BASED UPON INFORMATION PROVIDED TO US BY THE INDEPENDENT SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: VALEI PERFORMS SCREENING SOLELY AT THE TIME THE INDEPENDENT SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE VALEI NETWORK, AND THEREFORE A INDEPENDENT SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, VALEI CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. VALEI IS UNDER NO OBLIGATION TO UPDATE A INDEPENDENT SERVICE PROFESSIONAL’S SCREENING INFORMATION.
The above procedures may change from time to time at the sole discretion of VALEI. VALEI does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that VALEI 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: VALEI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.
5. Your VALEI Account
You will not be able to book a Service from VALEI without creating an account. By creating an account you will be able to take full advantage of all VALEI has to offer when you register and create a user account with VALEI (“Account”) through the VALEI App. If you complete the Account registration process via the VALEI App, via the VALEI website or by via phone and email communicating directly with an assigned VALEI Representative, you will provide certain personal information, and will create a username and password. You are responsible for maintaining the confidentiality of your Account username and password and are fully responsible for all activities and transactions that occur under your username, password and/or Account. You agree to immediately notify VALEI of any unauthorized use of your username, password or Account or any other breach of security. VALEI cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms and Conditions covering the delivery of the Services. When you create an Account to order Services, you will be providing information to VALEI on the Site, via the VALEI App or over the phone, and, in that regard, you agree to (a) provide true, accurate, current and complete information about yourself as prompted, and (b) maintain and promptly inform us to update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or if VALEI has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, VALEI has the right to terminate your Account, suspend or terminate your Service(s), and prohibit any and all current or future use of the Site (or any portion thereof), the VALEI App and Services by you.
From time to time, VALEI may provide you with promotional discounts – for example, as an incentive to establish a VALEI account or to refer a friend to sign up with VALEI. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. You may use these promotional discounts as partial or full payment for a Service. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of ninety (90) days from the date of issue.
6. Reviews and User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Site, the Services or the Independent Service Professional. VALEI shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site, the VALEI App, or on VALEI’s social media pages (collectively, “Feedback”) and it may share with any of its affiliates. VALEI will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, VALEI will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not VALEI, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. To the extent that you decide to post any content, including Feedback, on the Site or on VALEI’s social media pages, you agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law.
We reserve the right to remove any Feedback, including any unfavorable feedback. If you are a present or former employee, an employer, an immediate family member, or if you have any relationship to the Independent Service Professional beyond that of a consumer, and you post Feedback about the Independent Service Professional, you agree to fully disclose your affiliation with the Independent Service Professional in any Feedback you post on the Site. If you received any consideration of any kind from an Independent Service Professional for posting Feedback on the Site, you will fully disclose this in the review. Other than Feedback, as between us and you, you own, or have obtained the right to post, all of the content and information that you post or share on the Site (referred to as “User Content”). By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sublicensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote VALEI, the Services and/or the Independent Service Professional. We may exercise our rights anywhere in the world. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 6; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We may refuse to accept or transmit your User Content. We may decide to not post and/or remove your User Content from the Site for any reason.
7. Terms for Online Payments
General Terms & Conditions for Online Payments
- Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services.
2. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
3. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
- In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact the Institute via e-mail or any other mode of contact as provided by the Institute to confirm payment.
- In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
- However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
4. The Institute and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
- Any interruption or errors in the operation of the Payment Gateway.
5. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Institute or the Payment Service Provider(s) have no control over such matters.
6. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, the Institute does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
7. The Institute, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
8. The User will be required to login his/ her own User ID and Password, given by the Institute in order to register and/ or use the Services provided by Institute on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
- Choose a new password, whenever required for security reasons.
- Keep his/ her User ID & Password strictly confidential.
- Be responsible for any transactions made by User under such User ID and Password.
Debit/Credit Card, Bank Account Details
1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
2. The User may pay his/ her fees to the Institute by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User is authorizing debit of the nominated card/ bank account for the payment of fees selected by such User along with the applicable Fees.
- The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay Fees online. The Institute or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
Once the User will be registered and paid the Fee through online Payment Gateway. He/She will not be able to cancel the transaction in any circumstances. No Payment will be refunded to the User.
Payment Refund Policy for Online Payments
Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach the Institute with his/ her claim details and claim refund from the Institute alone. Such refund (if any) shall be effected only by the Institute via payment gateway or any other means as the Institute deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
Refund for fraudulent/duplicate transaction(s):
The User shall directly contact the Institute for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by the Institute alone in line with their policies and rules.
8. Copyright; Trademarks
You acknowledge that all materials on the Site, except for the User Content, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of VALEI and/or its suppliers or licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site and any Marks associated with any services available through the Site are the property of VALEI and/or its suppliers or licensors and, except as expressly authorized by these Terms and Conditions or on the Site, they may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of VALEI and/or its suppliers or licensors. We respect the intellectual property rights of others. Upon proper notice, we will remove content from the Site that violates copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all of the above information to our Agent for Notice by e-mail at email@example.com or by mail at Agent for Notice c/o VALEI, 40101 Monterey Avenue Suite B1 #416, Rancho Mirage, CA 92270. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.
10. Links; Third Party Products, Promotions and Websites
Links on the Site to third party products, promotions and/or websites, if any, are provided only as a convenience to you. If you use these links, you may leave the Site. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that the VALEI Parties (as defined below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. VALEI expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the VALEI Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
11. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SITE
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, VALEI AND ITS AFFILIATED COMPANIES AND THE INDEPENDENT SERVICE PROFESSIONALS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “VALEI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SITE AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE VALEI PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SITE WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALEI PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
USE OF THE SERVICES
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE VALEI BUYER PROTECTION PLAN https://www.valeiapp.com/satisfaction-guarantee (THE “BUYER PROTECTION PLAN”), THE VALEI PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES REFERENCED, AVAILABLE, OR PURCHASED ON OR THROUGH THE SITE, THE VALEI APP, OVER THE PHONE OR VIA A INDEPENDENT SERVICE PROFESSIONAL.
EXCEPT AS EXPLICITLY SET FORTH IN THE BUYER PROTECTION PLAN https://www.valeiapp.com/satisfaction-guarantee, WHICH MAY BE TERMINATED AT ANY TIME IN ACCORDANCE WITH ITS TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VALEI PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE QUALITY OF THE SERVICES OR THE MATERIALS USED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES VALEI OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VALEI AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IF IT IS DETERMINED THAT THE VALEI PARTIES ARE LIABLE FOR DAMAGES, VALEI’S AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO VALEI DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE UNLESS THE DAMAGES ARE COVERED BY INSURANCE, IN WHICH CASE THE LIMITATION SHALL BE EQUAL TO THE LIMITS OF LIABILITY OF SUCH INSURANCE.
LIABILITY ARISING FROM THE SERVICES.
IMPORTANT: You understand and agree that VALEI itself does not complete the Services. The Independent Service Professionals made available through the Service are not employees of VALEI. It is up to the Independent Service Professional to complete the Services, which may be requested through the use of the Site and/or the Service. VALEI only acts as intermediary to facilitate the transaction between you and the Independent Service Professional. The provision of the Services by the Independent Service Professional is subject to the contract to be entered into between you and the Independent Service Professional (not VALEI). VALEI DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR ANY OTHER ASPECT WHATSOEVER OF ANY SERVICES AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES OR THE CONDUCT OR ACTIVITIES OF THE SERVICE PROFESSIONAL. ACCORDINGLY, EXCEPT AS OTHERWISE SET FORTH HEREIN OR UNDER VALEI’S BUYER PROTECTION PLAN, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE RECOURSE WITH RESPECT TO THE SERVICES IS AGAINST THE INDEPENDENT SERVICE PROFESSIONAL WHO PERFORMED THE SERVICE.
You agree to indemnify, defend and hold harmless the VALEI Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your breach of these Terms and Conditions, or your infringement or violation of any rights of another.
13. Geographic Limits of Service
VALEI makes no representation that Materials contained on the Site or Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions complies with the laws of any other country. Visitors who use the Site or Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not VALEI Parties, are responsible for compliance with applicable local laws.
VALEI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Services or any part thereof, with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that VALEI Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
14. Site Usage; Termination of Usage
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site, which must comply with these Terms and Conditions. In addition to the terms of Section 5, you agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You will not attempt in any way to reverse engineer, alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site or its functionality. This Agreement is effective unless and until terminated by VALEI. You agree that VALEI may terminate or suspend your access to all or part of this Site and the Services, at any time, without notice, for any conduct that VALEI, in its sole discretion, believes is in violation of these Terms and Conditions or any applicable law or is harmful to the interests of another user or VALEI Parties.
VALEI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Services or any part thereof, with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that VALEI Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
Sections 4-21 of these Terms and Conditions shall survive any termination of these Terms and Conditions.
15. Dispute Resolution/Arbitration
It is VALEI’s goal that the Site and the Services meet your expectations and live up to our promises to you. Indeed, the VALEI Buyer Protection Plan https://www.valeiapp.com/satisfaction-guarantee is VALEI’s way of standing behind the referral. However, there may be instances when you feel that VALEI has not fulfilled its obligations under the Buyer Protection Plan. In those instances, VALEI is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with VALEI, you acknowledge and agree that you will adhere to the complaint procedures laid out in the VALEI Buyer Protection Plan. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after VALEI’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Mutual Agreement to Arbitrate
You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Site, the Services, any booked and performed Service (s), and these Terms and Conditions, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Terms and Conditions shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. Regardless of the size of the claim and except as expressly set forth herein, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
The arbitration shall take place in the state and county in which the Service was performed.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. You have the right to opt-out of this arbitration provision by sending an email to firstname.lastname@example.org or by mailing us, U.S. Mail, postage prepaid, to VALEI, 40101 Monterey Avenue Suite B1 #416, Rancho Mirage, CA 92270, Attention: Legal Department. Such opt-out must be given within thirty (30) days of approving your first VALEI Service or if we make any changes to this arbitration provision which degrade your rights, within thirty (30) days of approving the VALEI Service after the effective date of such revision to these terms. Any opt-out received after such deadline shall be ineffective and this arbitration provision shall remain in full force and effect for all subsequent Services, except as expressly provided above. To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim, then that claim shall not proceed in arbitration but rather shall be resolved in a court of competent jurisdiction. If that occurs, however, these arbitration provisions and this CLASS ACTION WAIVER will still be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis. WE BOTH AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES WE ARE GIVING UP ANY RIGHT THAT WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, the Services, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
16. Severability; Interpretation
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms and Conditions, the term “including” shall be deemed to be followed by the words “without limitation.”
17. Who You Are Contracting with, Notices, Governing Law and Jurisdiction.
General. The entity with which you are contracting with under this Agreement, to which you should direct notices to under this Agreement, and the law which will apply in any lawsuit arising out of or in connection with this Agreement, and which courts have jurisdiction over any such lawsuit, depend on where you are domiciled.
If you use VALEI to seek a referral in California:
- You are contracting with: VALEI (ReCreation Management Solutions, LLC DBA VALEI) a California based LLC
- Notices should be addressed to: VALEI 40101 Monterey Avenue Suite B! #416, Rancho Mirage CA 92270
- The governing law is: California, except with respect to the Arbitration provision (Section 14) which is governed, in all respects, by the Federal Arbitration Act.
- The courts having exclusive jurisdiction are: State or Federal Courts located in the County of Riverside, California
If you use VALEI to seek a referral elsewhere in the United States:
- You are contracting with: VALEI, (ReCreation Management Solutions, LLC DBA VALEI) a California based LLC
- Notices should be addressed to: VALEI 40101 Monterey Avenue Suite B! #416, Rancho Mirage, CA 92270
- The governing law is: The law of the state in which the Service was provided, except with respect to the Arbitration provision (Section 14) which is governed, in all respects, by the Federal Arbitration Act.
- The courts having exclusive jurisdiction are: State or Federal Courts located in the County in which the service was performed.
Notices. We may give notice by means of a general notice on the Site, electronic mail to your email address in your Account, text message, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
Agreement to Governing Law. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules.
No Agency. For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other VALEI company. Subject to any permitted assignment under Section 19, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
18. Non Circumvention
18.1 At any time prior to the expiration of three years from the date of this agreement, it is expressly agreed that the identities of any individual or entity and any other third parties (including, without limitation, suppliers, customers, financial sources, manufacturers and consultants) discussed and made available by the Disclosing Party in respect of the Purpose and any related business opportunity shall constitute Confidential Information and the Recipient or any Group company or associated entity or individual shall not (without the prior written consent of, or having entered into a commission agreement with, the Disclosing Party):
(a) directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any such third party identified or introduced by the Disclosing Party; or
(b) seek to by-pass, compete, avoid or circumvent the Disclosing Party from any business opportunity that relates to the Purpose by utilizing any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
18.2 The Recipient covenants that any financial gain made by it, or any associated party, from a breach of clause 17.1 shall be held on trust for the benefit of the Disclosing Party and then be transferred to a nominated account of the Disclosing Party, until which time such outstanding amount shall incur interest at the rate of 4% per annum above Barclays Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment and the Recipient shall pay the interest together with the overdue amount.
18.3 Clause 17.2 does not effect the Disclosing Party’s ability to also sue for damages should the covenants in clause 17.1 be violated in any way.
19. Entire Agreement
This Agreement constitutes the entire and only Agreement between VALEI and each user of this Site and/or the Services with respect to the subject matter of these Terms and Conditions and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms and Conditions.
The failure of the VALEI Parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms and Conditions.
The “Disclaimer; Limitation of Liability” provisions of these Terms and Conditions are for the benefit of VALEI Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
21. Notice for California Users
If you have a question or complaint regarding the Site or Services provided to you through VALEI please contact us at email@example.com to receive further information regarding the Site or Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
22. Contact Information
If you have any comments or questions regarding these Terms and Conditions, or wish to report any violation of these Terms and Conditions, please contact us at Info@valeiapp.com. You can also write to us at VALEI, 40101 Monterey Avenue Suite B1 #416, Rancho Mirage, CA 92270, Attention: Customer Service. We will address any issue to the best of our abilities as soon as possible.