Snell Experts

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Snell Experts Terms of Use:

Terms Of Use The Parties.  SnellExperts is the entity owning and operating this online web-based referral service. The Expert is the entity listed on SnellExperts’s database as offering products or services. The Customer is the entity which used SnellExperts’s database to locate and procure the Expert. Usage Equates To Consent.   Any usage by the Customer of SnellExperts’s referral database shall definitively equate to consent by the Customer to these terms and conditions. If the Customer does not wish to consent to these terms, then the Customer must exit this site immediately. No Liability For The Expert.  SnellExperts is not responsible or liable for any breaches or damages caused by the Expert, whether in contract, tort, or otherwise. SnellExperts is not in partnership with, a co-venturer with, an agent for, employed by, or employer of, the Expert. Disputes Between The Customer And The Expert.     The parties agree that SnellExperts is not a proper party to any lawsuit or court proceeding between the Customer and the Expert regarding a dispute between the Customer and the Expert. SnellExperts will not mediate, arbitrate, or settle any dispute between the Customer and the Expert. Disputes between the Customer and the Expert should be resolved directly between the Customer and the Expert without notifying or involving SnellExperts. Waiver And Release.   The Customer hereby waives all claims of all types whatsoever against SnellExperts for anything connected in any way to the Customer’s use of SnellExperts’s referral service, and, hereby releases SnellExperts from all liability for such claims. This includes all claims, known or unknown, suspected or unsuspected, disclosed or undisclosed, at law or in equity or in tort. The Customer agrees to take the information of SnellExperts’s referral database as-is, where-is. No Guarantee Of Suitable Expert.  SnellExperts makes no guarantee to the Customer that SnellExperts’s referral database will contain a Expert who is suitable or qualified to serve the Customer, or that any Expert in SnellExperts’s database will be able or willing to meet the Customer’s needs. No Representation Of Expert’s Qualifications Or Vetting Of The Expert.   SnellExperts makes no warranty or representation that any review of the Expert by SnellExperts was adequate, appropriate to the circumstances, accurate, reasonable, ever updated, or suitable for the Customer. SnellExperts has not confirmed the Expert’s corporate status or good standing, criminal background, civil or bankruptcy records check, drivers license check, social security or federal tax identification number verification, citizenship status check, sex offender check, Better Business Bureau check, credit report data, or bank account verification. SnellExperts is not rating the Expert. SnellExperts makes no representation that the Expert’s qualifications, skills, aptitude, licensing, educational degrees, certifications, bonding, insurance coverage, years of experience, skill level, or other characteristics claimed or implied by the Expert or as listed about the Expert in SnellExperts’s referral database, are accurate, current, complete, or in compliance with professional rules or statutes local to the Expert. Responsibility For Investigating The Expert.  The Customer has the total responsibility to investigate the Expert to ensure that the Expert, and the Expert’s products and services, are appropriate for the Customer’s desires. No Liability For Errors And Mistakes.   SnellExperts shall make efforts it deems necessary to provide a service for its customers, but assumes and shall have no liability for any mistakes, errors, omissions, or typographical errors contained in its database. No Liability For Advertising Content.  SnellExperts is not liable or responsible for any advertising content published by SnellExperts in its referral database which was supplied by the Expert. Employee Screening.  SnellExperts makes no representations that the Expert has screened its employees or subcontractors, or that such screening was accurate, reasonable, or updated. Referral Service Only.  SnellExperts is only acting as a referral service for the Customer, and not as a contractor, general contractor, job superintendent, advisor, or agent. No Monitoring By SnellExperts.  SnellExperts does not monitor, oversee, or review any transaction between the Customer and the Expert to ensure that the Customer receives work, products, or services from the Expert that are appropriate or in accordance with the contract between the Expert and the Customer. Warranties. No warranty is given by SnellExperts on any work performed by the Expert, or of any data on SnellExperts’s referral database, whether express, implied, or statutory. All implied warranties are disclaimed by SnellExperts. SnellExperts does not warrant that the Expert’s work will be timely, appropriate, suitable for any intended purpose, acceptable under local standards, or professionally performed. No Endorsement Of The Expert.  SnellExperts does not endorse or recommend the Expert’s services or products to the Customer, as SnellExperts has no information about the Customer’s specific situation circumstances, or other necessary information unique to the Customer. Listing As An Expert.  The listing of a Expert by SnellExperts’s referral service as an “expert” is solely a marketing technique, and does not imply or represent that the Expert is classified by any organization or government agency as an expert, or that the Expert’s skills are above average, or that SnellExperts has tested the Expert for superior skills, or that SnellExperts has judged or assessed the Expert to be of superior quality. Parties To The Contract. SnellExperts is not a party to the contract between the Expert and the Customer. The terms of any contract between the Customer and the Expert are solely between those parties, and not SnellExperts. Choice Of Remedies.   The remedy for any claim against SnellExperts is limited exclusively to a review by SnellExperts of whether the Expert’s listing on SnellExperts’s referral database should be revised. SnellExperts is not liable for consequential, special, incidental, punitive, exemplary, lost profit, lost revenue, loss of time, delay, compensatory, inconvenience, loss of use, indirect, or money damages, or any damages resulting from sickness, personal injury, illness, pain and suffering, etc., or damages to third parties (even if SnellExperts was advised of the possibility of such damages). At SnellExperts’s sole discretion, SnellExperts may at any time delete the Expert’s entry from SnellExperts’s referral database, and without further action be fully and completely released from all further liability to the Customer under warranty or any other theory of liability. Claims. All claims must be submitted on a “Claim Form” (available from SnellExperts upon request) and received by SnellExperts at least 30 days before any other action against SnellExperts is taken. The Customer waives all claims against SnellExperts unless this Claim Form procedure is followed. Statute Of Limitations And Of Repose.  The Customer agrees that any claim made against SnellExperts for anything connected in any way to the Customer’s use of SnellExperts’s referral service shall be made in writing actually received by SnellExperts no later than either 180 days after the Customer knew or should have known of the claim, or, 180 days after the Expert substantially completed work for the Customer, or, 240 days after the Expert started work for the Customer, whichever occurs first. All claims made after that date are waived and void. Place Of Performance. Any performance by SnellExperts is deemed to have occurred exclusively in Mecklenburg County, NC. Choice of Law. This Agreement shall be governed exclusively by North Carolina law. Dispute Resolution. All controversies or claims of any type whatsoever made against SnellExperts for anything connected in any way to the Expert’s or the Customer’s use of SnellExperts’s referral service will be resolved solely by non-appealable binding arbitration in Mecklenburg County, N.C, conducted by the Better Business Bureau in Mecklenburg County, NC, unless otherwise agreed, to which SnellExperts, the Expert, and the Customer hereby consent to jurisdiction without need of further consent to the Better Business Bureau. If the Better Business Bureau refuses to accept this case, then the parties consent to arbitration by the American Arbitration Association office closest to Charlotte, NC. The parties agree that any attempt to evade arbitration shall be made in bad faith. The petitioner will pay a $250 deposit with the arbitrator towards costs as condition of arbitration. The prevailing party shall recover costs and attorneys fees, as set by the arbitrator. The petitioner’s arbitration costs (if any) shall be taken out of the deposit. The arbitrator shall also pay to SnellExperts any part of the remaining Customer’s or Expert’s funds it holds, to the extent of an arbitration award in favor of SnellExperts. Specifically, without limitation, the Customer and the Expert waive any right to file a lawsuit against SnellExperts in any federal court, or in any State court outside Mecklenburg County, NC. Attorneys Fees And Costs.  All attorneys fees and costs incurred by SnellExperts in defending against any claim made by any party against SnellExperts shall be recoverable by SnellExperts from the losing party if SnellExperts prevails in the majority of its defense. Safeguarding Property. SnellExperts is not responsible for property missing from the Customer’s premises. No Third-Party Beneficiaries.   The only parties relevant to SnellExperts’s referral services are SnellExperts, the Expert, and the Customer. There are no third-party beneficiaries with any possibility of any claim of any kind against SnellExperts. Modifications Of These Terms.  SnellExperts reserves the right, at any time, to modify, alter, or update these terms and conditions without prior notice. Modifications shall become effective immediately upon being posted by SnellExperts. Severance.  If any of these terms and conditions are or become unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable. Risk Of Loss And Use Of Referral Service.   The sole risk of loss and of use of SnellExperts’s referral service is borne by the Customer. Not A “Referral Sale.”   The parties agree that the use by the Customer of SnellExperts’s referral service is not a “referral sale” as defined by NCGS 25A-37, North Carolina Statutes. Applicability To Officers, Directors, Etc.    The rights and protections in these terms and conditions accruing to SnellExperts also by extension accrue equally to SnellExperts’s employees, directors, officers, owners, employees, successors, affiliates, subsidiaries, and heirs. Personal Non-Commercial Use Only.  The Customer agrees that the Customer may make use of SnellExperts’s referral database solely for the Customer’s personal and direct use, and may not make any commercial use of the database or of the Experts listed in the database. The Customer agrees that the data is the sole property of SnellExperts, and that the Customer may not publish, reproduce, upload, download, email, re-use, or post any such information in any way. The Customer may not reverse engineer SnellExperts’s website or any part of it. Malicious Use Of The Website Referral Service.   If the Customer is found to have used SnellExperts’s website and/or referral service in a malicious manner, such as to make false service requests to disparage SnellExperts with its Experts, then the Customer shall be liable to SnellExperts in liquidated damages of $10,000.00 per malicious event (plus attorneys fees and arbitration costs). Denial Of Website Access.  If SnellExperts in its sole discretion determines that the Customer’s use or attempted use of SnellExperts’s website or referral database is inappropriate, unsafe, or unwise, then SnellExperts may deny access of the website to the Customer. Website Links.   SnellExperts’s website may contain links to Expert websites. SnellExperts makes no warranties or representations concerning the accuracy or maintenance of the link direction, or of any content or suitability of any data on any linked website. Indemnification.     The Customer hereby indemnifies SnellExperts against all claims and attorney fees and costs incurred by SnellExperts from any person or entity other than the Customer sourcing in any way from the Customer’s use of SnellExperts’s referral service.