GuildQuality Incorporated Legal Statements
Terms of Use
The services provided by GuildQuality (the "Services") are governed by these terms and conditions (the "Terms of Use"). By accessing or using the Services you agree that (1) you have read and familiarized yourself with the Terms of Use, (2) you understand the Terms of Use, and (3) you are bound by the Terms of Use in your use of the Services. If you do not agree to the Terms of Use, you may not access or use the Services. The Terms of Use together with any additional terms and conditions specific to a particular Service (incorporated herein by reference), constitute the entire agreement (the "Agreement") between GuildQuality and you (together, the "Parties") regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the Parties regarding such subject matter.
Authorized Use
GuildQuality's service and information is for the exclusive use of GuildQuality and its members for their private use, including analysis of the Guildmember's performance, comparison to peer performance, and for marketing purposes to prospective homeowners and other customers. Any unauthorized use is strictly prohibited. By its participation, each Guildmember acknowledges that it will not use the GuildQuality data or toolset for any purpose other than stated herein.
Ownership and Use of Services
Through its activities GuildQuality is provided and/or produces proprietary data, including but not limited to permit data, homeowner data, project data, and homeowner survey response data pertaining to its Guildmembers and others (the "Data"). GuildQuality owns all Data made available to it or produced by its Services. Guildmembers have unlimited use of all Data pertaining specifically to them, their homeowners and their survey feedback, and have access to this Data so long as they are Guildmembers. Guildmembers immediately forfeit ownership of the Data and any right of access to it once membership is terminated.
GuildQuality may use the Data from time to time, including but not limited to the production of averaged survey results for peer comparison purposes, providing builder information, offerings, and/or other information to homeowners, and providing manufacturer, vendor, subcontractor, or other information to Guildmembers and others. Except as specified in "Privacy Policy" below and otherwise contractually agreed to, GuildQuality may use the Data at its sole discretion.
GuildQuality's Services are to be used by its Guildmembers to measure performance relevant to all homeowners for whom Guildmembers provide services. Any withholding of project data may result in a Guildmember achieving artificially high scoring. The Guildmember acknowledges that this action erodes the validity and value of GuildQuality's Services, the GuildQuality brand, and the integrity of all performance information for all Guildmembers. GuildQuality expressly forbids the withholding of any project or homeowner information that is readily available for surveying by GuildQuality, and reserves the right to respond in any manner it deems appropriate to such misuse of the Services, up to and including termination of the Guildmember.
Registration and Eligibility
The Services are only available to persons with the legal capacity to enter into this Agreement. GuildQuality may, in its sole and absolute discretion, refuse to accept registration by any party.
Password and Security
While using the Service, you may be prompted to select a user name and a user password. You agree that you will immediately notify GuildQuality in writing or by electronic mail of any unauthorized use of your user name or user password.
Privacy Policy
GuildQuality will not share specific survey response information or customer contact information with anyone other than the Guildmember without the Guildmember's consent. In order to provide relevant comparisons to its members, GuildQuality does share aggregated, average data for groups of members and will present survey data in a format that does not reveal the specific data of any Guildmember.
Market Data Analyses
For Guildmembers in certain geographic areas, GuildQuality provides analyses of market data that contain information about the permit activity for specific builders. This information is collected from public permit records and is deemed reliable but is not guaranteed.
Pricing
Unless otherwise explicitly agreed to in writing, GuildQuality may revise pricing for any Guildmember upon thirty days' notice by electronic mail or post to the Guildmember.
GuildQuality may revise its pricing for new Guildmembers from time to time at its sole discretion.
GuildQuality prices each Guildmember's membership for its base services. GuildQuality also offers additional, premium services for which Guildmembers must pay additional fees in order to use.
Tradmarks and Copyrights
The contents of the GuildQuality web site and all surveys and other reports produced by GuildQuality pursuant to the Services are the intellectual property of GuildQuality and are protected by law, including but not limited to United States and international copyright and trademark law. In addition, GuildQuality, QuildQuality.com, GuildQuality Member, Guildmaster and the logos thereof are trademarks or service marks, or registered trademarks or registered service marks of GuildQuality. The marks, contents of the surveys, web site and other reports may not be altered or modified and may only be displayed, reproduced, or distributed by you for the sole purpose of communicating your company's performance to the Guildmember's employees, customers, prospective customers, and colleagues.
Indemnity
You agree to indemnify and hold GuildQuality, and its subsidiaries, affiliates, directors, officers, agents, partners, employees, successors and assigns harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services, your violation of the Agreement, your violation of any rights of another, or your violation of any federal, state or other law, rule, regulation in the United States or any other country in the world or any breach of any of your representations, warranties and/or covenants related thereto.
Cancellation or Termination
Unless otherwise contractually agreed to, Guildmembers have no obligation to continue membership and may cancel by electronic mail or post at any time by giving 15 days notice of cancellation.
GuildQuality may, at its sole discretion, for any or no reason, and at any time, discontinue any Guildmember's use of the Services. The Guildmember shall continue to have access to their Web site during the time for which the Guildmember paid, or, at GuildQuality's option, may be refunded for any remaining time period for which the Guildmember has paid.
NO USE OF GUILDQUALITY DATA, REPORTS, LOGOS, MARKETING MATERIALS, LINKS, OR ANY OTHER MATERIALS RELATING TO THE SERVICES SHALL BE CONTINUED FOLLOWING TERMINATION OF MEMBERSHIP, REGARDLESS OF THE MANNER BY WHICH THE MEMBERSHIP IS TERMINATED.
ALL SALES ARE FINAL. GuildQuality is under no obligation to refund Guildmember payments for any reason.
No Relationship
By using these Services, the Guildmember acknowledges and agrees that use of the Services makes neither you nor GuildQuality an agent, representative, broker, employee, partner, or joint venture of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either Party.
Choice of Law; Consent to Jurisdiction
This Agreement and all questions with respect to the interpretation of this Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard for conflict of laws provisions. By using the Services the Guildmember expressly consents to personal and exclusive jurisdiction in the courts of the State of Georgia located in Fulton County.
Limitation of Liability
IN NO EVENT SHALL GUILDQUALITY BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE PRODUCTS, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GUILDQUALITY TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES, PRODUCTS OR THE WEB SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED ($100.00) DOLLARS. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Notices. Notices shall be given:
To GuildQuality: To be valid, notices must be sent by e-mail (notices@guildquality.com) and by certified mail, return receipt requested, to GuildQuality, Inc., 1440 Dutch Valley Place, Suite 712, Atlanta, GA 30324, or to such other address as may be designated from time to time.
To User: Notices to you will be sent by e-mail to the e-mail address reflected in your registration information. Notices to you shall be deemed to have been received twenty-four hours after the e-mail is sent. Notices to GuildQuality shall be deemed to have been received three days after the date of mailing by certified mail, return-receipt requested.
Changes in Terms
GuildQuality may change these Terms from time to time without obligation to notify any party of any changes to any contents herein.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Waiver
The failure of GuildQuality to exercise or enforce any right or provision of the Agreement will not be deemed a waiver of such right or provision.
Privacy Statement
GuildQuality Incorporated has created this privacy statement ("Statement") in order to demonstrate our commitment to customer privacy. Privacy on the GuildQuality Incorporated web site (the "Site") is of great importance to us. Because we gather important information from our visitors and customers, we have established this Statement as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Statement and will provide notification of the change at least thirty (30) business days prior to the change taking effect.
Survey Response Information for GuildQuality's Clients (Guildmembers): For surveys conducted by GuildQuality on behalf of its Guildmembers, GuildQuality does not share customer survey response information with anyone other than the Guildmember to which it pertains, unless the builder consents to its disclosure. In order to provide relevant comparisons to its members, GuildQuality does share average survey responses for groups of members and will present survey data in an aggregate format that does not identify any specific Guildmember.
Survey Response Information for other building professionals (non-members): From time to time, GuildQuality surveys customers of non-members. GuildQuality uses these survey responses to provide its members and others with information about relevant trends in the industry.
Collected Information:
We require customers who register to use the services offered on our Site (collectively, the "Service") to give us contact information, such as their name, company name, address, phone number, and e-mail address. Customers can opt out of providing this additional information by not entering it when asked.
GuildQuality Incorporated uses the information that we collect to set up the Service for individuals and their organizations. We may also use the information to contact customers to further discuss customer interest in our company, the Service that we provide, and to send information regarding our company, such as promotions and events. Customers are invited to receive an email newsletter by providing an email address. Customer email addresses and any personal customer information will not be distributed or shared with third parties. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to members@GuildQuality.com. Separately, customers are also asked to provide an email address when registering for the Service. We may also email information regarding updates to the Service or company, and will send a Customer Newsletter. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing members@GuildQuality.com at the time it is distributed, or at the time any customer registers for the Service.
Except as we explicitly state at the time we request information, or as provided for in the GuildQuality Incorporated User Agreement, we do not disclose to third parties the information provided. All financial and billing information that we collect through the Site is used solely to check the qualifications of prospective customers and to bill for the Service. This billing information is not used by GuildQuality Incorporated for marketing or promotional purposes.
Customers of the Service will be using the Site to host data and information ("Data"). GuildQuality Incorporated will not share or distribute any such Data except as provided in the GuildQuality Incorporated User Agreement, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the User Agreement, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.
GuildQuality Incorporated may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. GuildQuality Incorporated will automatically send the friend an email inviting them to visit the site. GuildQuality Incorporated does not store this information.
Third-Party Sites
The Site contains links to other web sites. GuildQuality Incorporated is not responsible for the privacy practices or the content of these other web sites. Customers and visitors will need to check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
Opt-Out Policy
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply send your request to members@GuildQuality.com.
Correcting & Updating Your Information
To update billing information please email members@GuildQuality.com or call 888-355-9223. To discontinue the Service, email support@GuildQuality.com or call 888-355-9223. GuildQuality Incorporated will respond to your correction or update request within at most 15 days from the date of your request.
Disclosures
Our Mission
GuildQuality's mission is to connect people with information relevant to the betterment of the building profession, and empower them to improve the quality of the built environment.
We seek to build a nationwide community of quality wherein every building professional has the resources to excel, and quality is the primary measure of excellence.
Our goal is to elevate the building profession to a stature commensurate with its importance in our community.
Important Disclosures
The information contained in this website is intended as a tool to celebrate and promote quality within the building industry. GuildQuality does not endorse the qualifications of any company. We make no predictions, warranties or guarantees, expressed or implied, about the quality of any work a company on this website may provide. GuildQuality does not accept any liability whatsoever for any harm that might result from any statements presented on this website.
Prospective customers should weigh a multitude of factors when choosing the right building company, and never depend on a single source when making their decision to purchase a home or hire a contractor.
Some Important Questions and their Answers
Question: Do all the companies in the Directory have a relationship with GuildQuality?
Answer: Only those that are listed as Guildmembers have a relationship with GuildQuality. We call these companies members. We have surveyed the customers of non-members as part of a market-wide customer satisfaction survey, but they have no relationship to us.
Question: What does it mean for a company to be a Guildmember?
Answer: GuildQuality members are part of a community of quality-minded builders, remodelers, and real-estate developers. Our members believe that their ability to deliver a consistently exceptional customer experience is important to their long-term success, and they rely on GuildQuality to help them monitor the quality of service they provide. We provide them with real-time, web-based reports of their customer feedback and their performance in contrast with relevant trends among their peers.
Question: Are Guildmembers better than non-Guildmembers?
Answer: With regard to customer satisfaction, our research shows us that on average, customers would recommend our Guildmembers at a significantly higher rate than customers recommend non-Guildmembers. Nevertheless, some of our Guildmembers rank below the average of even non-Guildmembers.
Question: If a company doesn't have a check under the "Positive Feedback" column, does that mean that they have poor customer service?
Answer: A company may not have a check under the "Positive Feedback" column and still be able to provide exceptional service. If there is no check under the "Positive Feedback" column, fewer than 90% of the customers that responded would recommend their building professional to a friend OR we had fewer than 10 survey responses from customers of that company. So no check means that their customers were generally dissatisfied with the service they provided, OR we simply have not yet received survey responses from enough of their customers.
Question: If a company does have a check under the "Positive Feedback" column, does that mean I am guaranteed to have a great experience with them?
Answer: Absolutely not. While we believe our customer feedback is a helpful indicator of future performance, we often deal with small sample sizes that do not accurately represent the company's actual performance. Further, a number of factors influence the outcome of any construction endeavor or home purchasing experience. Many of them are within the control of the contractor, many are within the control of the customer, and many are out of the control of both parties.
Question: Who does GuildQuality work for?
Answer: We are paid by our Guildmembers to monitor the quality of service they provide and to benchmark their performance against relevant trends in the industry. As a by-product of this service, we produce information (like that contained in the Directory) that may be useful to consumers as well.
Answer: Only those that are listed as Guildmembers have a relationship with GuildQuality. We call these companies members. We have surveyed the customers of non-members as part of a market-wide customer satisfaction survey, but they have no relationship to us.
Answer: GuildQuality members are part of a community of quality-minded builders, remodelers, and real-estate developers. Our members believe that their ability to deliver a consistently exceptional customer experience is important to their long-term success, and they rely on GuildQuality to help them monitor the quality of service they provide. We provide them with real-time, web-based reports of their customer feedback and their performance in contrast with relevant trends among their peers.
Answer: With regard to customer satisfaction, our research shows us that on average, customers would recommend our Guildmembers at a significantly higher rate than customers recommend non-Guildmembers. Nevertheless, some of our Guildmembers rank below the average of even non-Guildmembers.
Answer: A company may not have a check under the "Positive Feedback" column and still be able to provide exceptional service. If there is no check under the "Positive Feedback" column, fewer than 90% of the customers that responded would recommend their building professional to a friend OR we had fewer than 10 survey responses from customers of that company. So no check means that their customers were generally dissatisfied with the service they provided, OR we simply have not yet received survey responses from enough of their customers.
Answer: Absolutely not. While we believe our customer feedback is a helpful indicator of future performance, we often deal with small sample sizes that do not accurately represent the company's actual performance. Further, a number of factors influence the outcome of any construction endeavor or home purchasing experience. Many of them are within the control of the contractor, many are within the control of the customer, and many are out of the control of both parties.
Answer: We are paid by our Guildmembers to monitor the quality of service they provide and to benchmark their performance against relevant trends in the industry. As a by-product of this service, we produce information (like that contained in the Directory) that may be useful to consumers as well.