"You" or "your" is a reference to a Service Provider ("Service Provider" means any entity providing services to the public that has executed a ValueStar Verified or a ValueStar Customer-Rated Application with Service Ratings, LLC d/b/a ValueStar ("ValueStar") with corporate offices located at 1 Wisconsin Circle, Suite 310, Chevy Chase, Maryland).
Your execution of the ValueStar Application, your permitted use of any of the ValueStar Marks, your agreement to participate in "ValueStar Real-Time-Ratings," your registration as a Service Provider on, or submission of information to, the Service Provider portions of the ValueStar website, or your access or use of the ValueStar website and the information and services provided therein constitutes your acceptance of these Terms and Conditions.
For purposes of these Terms and Conditions, (1) "ValueStar Real-Time Ratings" means the program by which a Service Provider's customers provide comments and ratings of Service Provider's services via the ValueStar website, via the Service Provider's own website if they have implemented the "Powered by ValueStar" software; and the websites of any of various ValueStar partners; and (2) "Powered by ValueStar" refers to computer code or software available at the ValueStar.com website which, when copied to Service Provider's own website, permits Service Provider to automatically gather and display customer comments and ratings on Service Provider's website. ValueStar reserves the right to change any of the Terms and Conditions contained herein at any time and your continued use of the Marks or the ValueStar service signifies your acceptance of the Terms and Conditions in effect at the time of your use. Changes to the Terms and Conditions shall be made available to you on the ValueStar website.
I. Use of the Marks The reference to "Marks" means the ValueStar trademarks and symbols in which ValueStar retains all rights.
Only Service Providers identified as "ValueStar Customer-Rated Gold" and "ValueStar Customer-Rated" as determined by the criteria established by ValueStar, are authorized to use the Marks. ValueStar Customer-Rated Service Providers are not authorized to use the Marks for ValueStar Customer-Rated Gold Service Providers. If ValueStar determines that a Service Provider is either Verified, unverified, or unrated, according to the criteria established by ValueStar, that Service Provider may not use any of the Marks. No Service Provider is allowed to authorize any other person or entity to use any of the Marks or any other ValueStar term. The Marks cannot be used in a derogatory way nor can they be used in advertising that is inaccurate. All use by Service Provider of the Marks shall strictly comply with such additional usage guidelines as ValueStar may specify from time to time. Service Provider agrees that all use by it of the Marks and any resulting goodwill shall inure solely to the benefit of ValueStar.
The Marks must be at least one-half inch in height within any printed communication, including business cards. Any copy of the Marks must be an exact reproduction of the Marks set forth below and include the trademark symbol "TM" except that colors, or a single color may be used. If a color other than black is used, it must be blue (PMS 2747) and if two colors are used they must be blue (PMS 2747) and metallic gold (PMS 109). When using the ValueStar Marks, the Service Provider must use the full logo. No changes to the Marks shall be made unless approved in writing by ValueStar prior to any use.
Service Provider agrees not to use the Marks or any colorable imitation of them in any unauthorized manner or as a trade name of the Service Provider. Service Providers will be notified in writing by ValueStar when they are authorized to use the Marks. Until a Service Provider is notified that it is eligible to use the Marks, it is not authorized to use the Marks in any way. Service Providers will only remain authorized to display ValueStar Marks so long as they continue to meet ValueStar's requirements.
The Marks cannot be used to advertise or promote services that are substantially different than those for which the Marks were earned. The Marks may not be used in promoting any of the Service Provider's business locations that were not sampled and surveyed by ValueStar or did not pass the criteria set by ValueStar.
Service Provider will not misrepresent the meaning of earning the Marks. Service Provider acknowledges that the Marks are not a guarantee of future performance but indicate a passing of the ValueStar rating criteria. If a telephone customer satisfaction survey is performed, or ValueStar Real Time Ratings are made, ValueStar has the right to display the score and customer comments on its web site or in printed materials.
II. Customer Satisfaction Service Provider agrees to:
- Maintain a written complaint procedure and ensure that said procedure is followed.
- Uphold the ValueStar Customer Bill of Rights that is printed on the Declaration of Qualification included in the ValueStar Customer-Rated Handbook as well as at the end of these Terms and Conditions.
- Continue to provide quality service to new and existing customers.
- Immediately notify ValueStar of any action by a government agency against Service Provider.
- Immediately notify ValueStar of any material lawsuit filed against Service Provider.
- Comply with all federal, state and local laws governing the Service Provider and/or its business.
III. Transaction Validation Service Provider must respond to ValueStar's requests for validation of transactions within three (3) business days to verify the transaction and the amount. If Service Provider does not respond within three (3) working days, the transaction will be deemed valid and Service Provider will be responsible for paying any fees attached to that transaction.
IV. Dispute Resolution & Mediation for ValueStar Customer-Rated and Customer-Rated Gold Service Providers In the event of a disagreement between a ValueStar Customer-Rated or Customer-Rated Gold Service Provider and a customer where a customer contacts ValueStar, Service Provider agrees to the following:
- Service Provider shall attempt to resolve the dispute without ValueStar's further involvement. If unsuccessful or at ValueStar's request, Service Provider shall:
- Fill out a ValueStar provided Dispute Resolution Form within two (2) business days of ValueStar's request.
- Appoint a representative that is available to meet or talk by phone with a ValueStar customer care representative for the purpose of resolving the customer dispute within two (2) days of being contacted by ValueStar.
ValueStar will attempt to mediate any unresolved dispute. If ValueStar is required to mediate such dispute, it will review the transaction and make a recommended resolution to the Service Provider. While Service Provider is not contractually obligated to fulfill the resolution, in the event it ignores a resolution, ValueStar may cause the Service Provider to lose its status as a ValueStar Service Provider, losing any rights Service Provider may have to the use the Marks.
ValueStar may conduct a review of a Customer-Rated or Customer-Rated Gold Service Provider's practices and policies at any time. If, as a result of any review, it is determined that the Service Provider is not adhering to the ValueStar Customer Bill of Rights, ValueStar may, in its discretion, revoke the right of that Service Provider to use the Marks and, in that event, ValueStar may, in its discretion, cause the Service Provider to lose its status as a ValueStar Service Provider, losing any rights Service Provider may have to the use the Marks.
In the event a serious breach of a customer contract goes unresolved (in ValueStar's reasonable discretion), Service Provider will lose the right to use the Marks.
V. Release of Payment Transaction Records Service Provider authorizes its acquiring institution, or its designated POS (Point of Sale) processor to forward on a daily basis to ValueStar or its designated agent all electronic payment transaction records that Service Provider captures on Service Provider's behalf (this includes, but is not limited to, Visa Cards, MasterCard Cards, American Express Cards, Discover Cards, Diners Club Cards, JCB Cards, ATM Debit Cards, check truncation records). Service Provider will deliver such offline documentation as is necessary to accomplish the foregoing. ValueStar's use of this information is restricted to the matching of Service Provider transactions for ValueStar-enrolled consumers wishing to participate in the "ValueStar Real-Time Ratings Program" described more fully in the ValueStar Customer-Rated Handbook. Except as otherwise specified in these Terms and Conditions, no other use or release of this information is granted or authorized.
VI. ValueStar.com Website
Website Registration:
- You agree to provide true, accurate, current and complete information about yourself as prompted by ValueStar's registration form(s) (such information being the "Registration Data")
- You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete
- You agree to allow only your employees, agents or contractors, authorized by you, to submit such Registration Data to the ValueStar website
- You agree to allow ValueStar to display the Registration Data, along with any other materials that you provide for such purpose, on the ValueStar website.
If you provide any information that is untrue, inaccurate, not current or incomplete, or ValueStar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ValueStar has the right to refuse any and all current or future use of the Service (or any portion thereof) by you. For purposes of these Terms and Conditions, Service shall mean the use of the ValueStar website for posting Registration Data and other promotional materials related to you.
Content:
- You understand that you use and access the Internet and the ValueStar website at your own risk. ValueStar provides its website and information as is and does not make any express or implied warranties, representations or endorsements whatsoever with regard to any information, service or product provided through ValueStar.
- You understand that by using the Internet, you may be exposed to content that is offensive, indecent, objectionable or inaccurate. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- You understand that the information contained at the ValueStar website consists in part of information and opinions provided by registered members of ValueStar concerning the products or services they have used and information obtained from other third party sources which ValueStar believes to be reliable. However, ValueStar does not guarantee and hereby disclaims the accuracy, completeness and usefulness of any information presented on the ValueStar website, including without limitation any representation as to the ownership, price, genuineness, origin, condition or other factual statement about any product referenced on the ValueStar web site. The website may contain views, reviews, opinions, summaries, suggestions and recommendations with regard to a variety of products or services. ValueStar does not endorse or approve any such views, reviews, opinions, summaries, suggestions and recommendations made by third parties. ValueStar does not endorse or advocate the purchase of any particular product or service except as expressly stated in these Terms and Conditions.
- You understand that ValueStar does not have control over the content of any other web site, including without limitation any web site that links directly to ValueStar, which is accessible via a link directly from the ValueStar web site, or to which ValueStar submits information.
Privacy:
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ValueStar may monitor your use of the ValueStar.com web site and of the Powered by ValueStar software if implemented on your own web site, and may disclose any information and materials received from you or collected through your use of the same for any lawful reason or purpose. However, it will do so only in accordance with ValueStar's privacy policy.
Intellectual Property Notices:
Copyright:
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ValueStar owns all copyright in and to the content of the ValueStar.com web site, including without limitation any text, graphic, software and/or code, including Powered by ValueStar software. The sale, publication, reproduction, modification, broadcast, transmission, posting and/or distribution of any content on the website is prohibited, provided that you may print or download selected portions of the website solely for your internal use.
Trademarks:
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Other names and marks referenced in the web site are the trademarks or registered trademarks of their respective owners. You may not alter or remove any trademark, copyright or other notice from copies of the content. Unless otherwise instructed, any other use of the materials on this web site is strictly prohibited.
Disclaimer Of Warranties:
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You understand and agree that the VALUESTAR WEB SITE AND INFORMATION, INCLUDING THE POWERED BY VALUESTAR SOFTWARE, IS PROVIDED "AS IS", AND YOUR USE OF THE WEB SITE AND INFORMATION IS AT YOUR SOLE DISCRETION AND RISK. ValueStar expressly disclaims all warranties of any kind, whether express, implied or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement except as expressly contained in these Terms and Conditions.
ValueStar disclaims any and all responsibility and liability for any harm or alleged harm resulting from any content or reliance on any content provided on the ValueStar web site.
Downloading or otherwise accessing information and material, including the Powered by ValueStar software, is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from downloading or otherwise accessing any such material or information.
VALUESTAR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, AND PERFORMANCE OF THE WEB SITE AND INFORMATION INCLUDING THE POWERED BY VALUESTAR SOFTWARE. ValueStar makes no warranty that the ValueStar web site will meet your requirements or expectations or that it will be error-free. Except as expressly provided in these Terms and Conditions, ValueStar makes no warranty that the content, information, materials or products obtained through the ValueStar web site will be accurate or reliable or available. As a Service Provider, you have agreed to be rated by your customers. You agree that ValueStar is not liable to you in any manner for publication, display, or use of any of the ratings or comments posted by consumers.
No advice or information, whether oral or written, obtained by you from ValueStar or your use of the website shall create any warranty not expressly stated in the Terms and Conditions.
Some jurisdictions do not allow the disclaimer of certain warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they concern such warranties.
VII. Payment
Service Provider authorizes ValueStar to charge Service Provider's account for all fees specified in the ValueStar Verified or ValueStar Customer-Rated Application. ValueStar reserves the right to offer either "Pay-For-Performance" based pricing or "Annual Fee" based pricing to any Service Provider, in its sole discretion. Service Provider acknowledges that all "Rating Fees" paid by Service Provider shall be non-refundable. Service Provider must pay all fees due ValueStar upon receipt of invoices for all amounts not automatically deducted by the Service Provider's merchant processor. Such invoices shall be due and payable within thirty (30) days of the date of invoicing. Should Service Provider fail to do so, ValueStar, at its option, may terminate Service Provider's right to use the Marks and all other benefits associated with the ValueStar program shall cease. Regardless of whether ValueStar chooses to terminate Service Provider's right to use the Marks, Service Provider shall not be relieved from any obligation owed ValueStar prior to termination until fully paid. ValueStar may add interest of one and a half percent (1½%) per month (or such lesser amount not to exceed the maximum rate allowed by law) after thirty (30) days.
All amounts payable pursuant to these Terms and Conditions shall exclude all applicable sales, use and other taxes. Service Provider will be responsible for payment of all such taxes (other than taxes based on ValueStar's income), fees, duties and charges, and any related penalties and interest, arising from the payment of any fees hereunder, the grant of rights hereunder, or the delivery of services. Service Provider will make all payments required hereunder to ValueStar free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on any payments hereunder to ValueStar will be Service Provider's sole responsibility, and Service Provider will, upon ValueStar's request, provide ValueStar with official receipts issued by the appropriate taxing authority, or such other evidence as ValueStar may reasonably request, to establish that such taxes have been paid.
Service Provider will maintain complete and accurate financial records in accordance with generally accepted accounting principles during the period in which it remains subject to these Terms and Conditions and for a period of two (2) years thereafter with respect to transactions for which payment must be made to ValueStar. ValueStar will have the right, at its own expense, upon reasonable prior notice, periodically to inspect and audit the records of Service Provider with respect to matters covered by these Terms and Conditions, provided that if such inspection and audit reveals that Service Provider has underpaid ValueStar with respect to any amounts due and payable during the period to which such inspection and audit relate, Service Provider shall promptly pay such amounts as are necessary to rectify such underpayment, together with interest in accordance with this section, and further provided that if the amount of such underpayment equals or exceeds five percent (5%) of the total amounts due and payable by Service Provider during such period, Service Provider shall reimburse ValueStar for the cost of such inspection and audit. Such inspection and auditing rights shall extend for the time period that Service Provider is subject to these Terms and Conditions, and for a period of two (2) years thereafter.
VIII. Miscellaneous
Customer-Rated and Customer-Rated Gold Service Providers may only represent to employees, vendors, potential and current customers, that it qualified for the Marks by meeting the ValueStar Customer-Rated predetermined criteria. Service Provider shall make no reference to any procedure ValueStar may employ in its rating policies except what is written in the ValueStar website.
Service Provider and ValueStar agree that each is an independent company and not an agent or employee of the other. ValueStar does not have nor shall it exercise any right of control as to the personnel, manner, methods or means employed by the Service Provider in the rendering of services.
Service Provider will, upon reasonable request, and at reasonable times, grant ValueStar one interview per year and provide ValueStar with a photo of its establishment and the top manager or owner of the Service Provider. Service Provider grants ValueStar the right to use any photographs and quotes ValueStar is provided or gathers through interviews and meetings in any media such as newsletters, promotions, press releases, advertising, brochures and in any other manner determined by ValueStar to be appropriate to promote the Marks and the ValueStar program.
Service Provider must notify ValueStar in writing within thirty (30) days of a majority change in ownership of Service Provider as determined by voting control. If the operating owner changes, ValueStar may perform a full customer satisfaction rating at the time of such change in ownership.
ValueStar reserves the right at all times to disclose any information posted by you or provided to ValueStar as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, that in ValueStar's sole discretion is objectionable or in violation of any law, regulation or governmental request.
If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
The failure of ValueStar to exercise or enforce any right or provision of these 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 Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
IX. Customer Ratings
Service Provider will participate in the "ValueStar Real-Time Ratings" program that allows eligible consumers to submit customer satisfaction ratings and comments on all transactions with Service Providers. All scores and customer comments from the ValueStar Real-Time Ratings program will be displayed on the ValueStar website, whether submitted by telephone, conventional mail, or e-mail, or through the ValueStar website, the Service Provider's own website, or through the website of any ValueStar-authorized distribution partner.
X. Merger
These Terms and Conditions, along the ValueStar Application and any applicable website Terms of Use, set forth the entire agreement and understanding between ValueStar and Service Provider with respect to the subject matter hereof and, except as specifically provided herein, supersedes and merges all prior oral and written agreements, discussions and understandings between the parties with respect to the subject matter hereof, and neither of the parties shall be bound by any conditions, inducements or representations other than as expressly provided for herein.
XI. Attorney Fees/Venue
In the event of commencement of a lawsuit by either party to enforce the provisions of these Terms and Conditions, the prevailing party shall be entitled to receive attorney's fees and costs in addition to any other relief granted. Venue for any suit arising out of this contract shall be proper only in Montgomery County, Maryland. The laws of the State of Maryland, excluding those laws allowing the choice of the laws of another state, shall apply to this contract.
XII. ValueStar Trademarks and Property Rights
Service Provider recognizes ValueStar's property rights in and to the Marks, the term ValueStar and the ValueStar symbol, and agrees that it will not perform any act in derogation of such rights, nor permit others involved with Service Provider to do so. If such others perform such acts, the Service Provider agrees that it will take all reasonable steps requested by ValueStar to prevent the continuance of such acts.
Without ValueStar's prior written consent, Service Providers may not (a) use automated means to collect any information from the site (including without limitation "robots", "spiders" or scripts), (b) frame the site, attempt to place pop-up windows over its pages, attempt to alter or otherwise affect the display of its pages, or (c) attempt to redirect traffic from the ValueStar site.
XIII. Cancellation/Termination
Any violation (in ValueStar's sole judgment) by Service Provider of any of the terms of these Terms and Conditions or the failure to maintain the necessary status for any applicable legal, licensing, insurance, financial or customer satisfaction requirements may result, at ValueStar's sole discretion without further notice or act of ValueStar, in immediate downgrade or termination of the entire right of Service Provider to display, use or refer to the Marks or other ValueStar symbols, including describing whether or not Service Provider had earned ValueStar ratings in the past.
Either ValueStar or Service Provider may terminate Service Provider's participation in the ValueStar program (including these Terms and Conditions) on one (1) day's notice for any reason.
A Customer-Rated or Customer-Rated Gold Service Provider must stop using the Marks in any media, signage, etc. at the termination of Service Provider's participation in the ValueStar program for any reason. Additionally, upon termination, Service Provider shall not refer to any ValueStar term, logo or emblem in any manner nor claim it earned a ValueStar rating in the past. A limited exception to this use is in printed "Yellow Pages" directories. A Customer-Rated Service Provider may place the Marks in any printed Yellow Pages ad whose last copy change date is prior to the expiration date of Service Provider's participation in the ValueStar program. If the Service Provider fails to maintain or pass the following year's ValueStar rating requirements or loses the right to use the Marks for any reason, the Service Provider promises to immediately remove the Marks from all printed Yellow Page ads that have yet to be published.
In the event of termination (for any reason), a Customer-Rated or Customer-Rated Gold Service Provider shall:
Notify all employees to cease use of the Marks and not disclose that Service Provider had earned a ValueStar rating at any time.
Surrender the possession of all signs, brochures, labels or other information referencing the Marks or any other ValueStar Term or emblem by immediately returning the same to ValueStar, shipping charges, if any, to be paid by the Service Provider.
Within ten (10) days thereafter, at its own cost and expense, remove, efface and discontinue the use or display of any signs, insignia, symbol, emblem or other device or matter of any character on its building, vehicles, equipment, invoices, stationery, business cards, upon any signboards or other advertising devices or publications and broadcast, cable television and radio, indicating expressly or by implication that Service Provider is a company authorized to use the Marks or has any connection or affiliation with ValueStar, ValueStar or its affiliates in any capacity under these Terms and Conditions or otherwise.
Notify any telephone company or other printed Yellow Pages directory provider to delete the Marks and any mention of the ValueStar program from Service Provider's directory advertising.
Upon the failure of Service Provider to comply with any of the requirements in the foregoing section XIII.(4), the Service Provider hereby appoints, authorizes and consents to ValueStar as its agent to accomplish said requirements at the cost and expense of Service Provider.
In the event the Service Provider makes any unauthorized reference to ValueStar or Service Ratings, LLC or in any other manner obligates ValueStar in violation of the terms of these Terms and Conditions, the Service Provider agrees to indemnify ValueStar against all damages suffered, and to reimburse ValueStar to the extent of such damages-including but not limited to all refunds or the value of all replacements made to consumers resulting from such an act on the part of the Service Provider. Additionally, Service Provider agrees that unauthorized references to ValueStar would cause ValueStar substantial monetary damages and subject ValueStar to irreparable harm.
Since the Marks are the property of ValueStar and improper use of the Marks after termination would cause ValueStar irreparable harm, and it is difficult to estimate in advance what the amount of the damages would be for such improper use, Service Provider and ValueStar agree that ValueStar shall be entitled to receive, as liquidated damages, five thousand dollars ($5,000) per improper usage of the Marks. Service Provider agrees to indemnify ValueStar for any and all expenses (including reasonable attorney's fees and court costs) incurred by ValueStar in preventing Service Provider's unauthorized use of the Marks.
All rights granted to the Service Provider herein will expire upon the termination of this contract.
XIV. Limitation of Liability
ValueStar and Service Provider agree that, as material consideration for ValueStar's being subject to these Terms and Conditions, under all circumstances ValueStar's maximum liability for any breach of these Terms and Conditions shall be limited to the fee actually paid by Service Provider for the month in which the claimed breach occurred. The disclaimers, exclusions and limitations of liability set forth in these Terms and Conditions form an essential basis of the bargain between the parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of these Terms and Conditions, including, without limitation, the economic terms, would be substantially different.
Service Provider understands that consumers will be rating Service Provider and providing comments about Service Provider's services, which ratings and comments will be posted on the ValueStar website, on the Service Provider's own website if they have implemented the Powered by ValueStar software; and the websites of various ValueStar partners. ValueStar may filter out and delete objectionable or offensive language, but to maintain credibility of the ratings and comments, ValueStar shall not restrict publication to favorable ratings and expects that at least some consumers may publish unfavorable ratings and/or harsh comments. As a material consideration for partaking in the ValueStar offerings, as set forth in these Terms and Conditions, Service Provider agrees that ValueStar is not responsible for the contents of the ratings or comments, and Service Provider releases in advance any claim it might have against ValueStar, no matter how it occurs, arising out of the content, the comments or the ratings. Service Provider hereby agrees, on its behalf and on behalf of its officers, directors and employees that IN NO EVENT SHALL VALUESTAR BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VALUESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO PARTICIPATION IN THE VALUESTAR PROGRAM, OR USE OF THE VALUESTAR WEBSITE OR RELATED WEBSITES OR IN CONNECTION WITH THE COMMENTS OR RATINGS THEREON.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, including incidental or consequential damages. In such jurisdictions, the foregoing limitations may not apply to you insofar as they concern such damages.
XV. Indemnification
Service Provider shall indemnify, hold harmless, and, at ValueStar's option, defend ValueStar from and against all losses, expenses (including reasonable attorneys' fees), damages, and liabilities resulting from any claim by any third party arising from or in connection with Service Provider's provision of services to any party or Service Provider's breach of these Terms and Conditions. ValueStar agrees to give Service Provider (i) prompt written notice of such claim; (ii) authority to control and direct the defense and/or settlement of such claim; and (iii) such information and assistance as Service Provider may reasonably request, at Service Provider's expense, in connection with such defense and/or settlement. Notwithstanding the foregoing, Service Provider shall not settle any third-party claim against ValueStar unless such settlement completely and forever releases ValueStar with respect thereto or unless ValueStar provides its prior written consent to such settlement. In any action for which Service Provider provides defense on behalf of ValueStar, ValueStar may participate in such defense at its own expense by counsel of its choice.
VALUESTAR CONSUMER BILL OF RIGHTS
Service Providers who earn and display a ValueStar Customer-Rated symbol commit to their customers to hold their staff accountable for providing excellent customer service, and specifically to:
- Provide the service and quality promised
- Complete the job on time
- Charge the price quoted, or the amended quote, with no surprises
- Communicate honestly with customers
- Listen and be responsive to customer needs
- Resolve all issues quickly with customer satisfaction in mind
- Treat customers with respect and dignity
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