Thank you for using Quali. These Terms and Conditions (the “Terms”) are an agreement between you (the “user,” “you” or “your”) and Real Quali, Inc. d/b/a Quali (“Quali,” “we,” “us” or “our”), which governs your access to and use of our website www.realquali.com, our lead generation platform, services and any of our websites, mobile applications, products, media forms and/or channels (collectively, the “Services”).
Our Services are intended for users who are at least 18 years old or otherwise have the permission of their
parent(s) or legal guardian(s) to access the Services.
Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court.
Quali is a real estate lead generation platform that connects buyer and seller leads with top real estate agents in exchange for percentages of commissions after closings. Quali focuses on quality, by generating, qualifying, and nurturing leads before turning them over to agents, which increases the likelihood of successful transactions. We are highly selective in our screening processes, and we consistently find ways to incentivize and add value to the performance of the real estate agents with whom we do business. This is how we create and continue our proven track record.
Quali is not a party to any rental, purchase or other real estate agreement between you and third-party consumers. This is true even in the event that you are able to use our Services to interact with consumers, set appointment times, track transaction progress, or otherwise engage in customer relationship management functions (“CRM”). As a result, any part of an actual or potential transaction between you and a consumer, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveler or property), are solely the responsibility of each user. Additionally, prior results do not guarantee a similar outcome.
You agree to be responsible for, and agree to abide by, all laws, rules and regulations applicable to the services you provide and your use of our Services. You further agree that you are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to conduct of your real estate business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any transaction, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information related to your services in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion. You agree to provide disclosures (in the form we provide) to any third party upon our request.
By signing up to use our Services, you are granted a limited, revocable, non-exclusive license to access and use the Services solely for the purpose of accepting leads, tracking leads, communicating with Quali and/or leads, and other related services as permitted by Quali and in accordance with these Terms. Any use of our Services that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
The Services are intended for your own or your business’ own use. When using the Services, you agree not to:
The Services and all content and information on the Services are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Services. As such, copying, storing or otherwise accessing the Services or any content on the Services other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. Should you download, display and/or print one copy of any portion of the Services for real estate related purposes, you are expressly prohibited from modifying same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Services that you desire to download, display or print.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Services, we have granted to you a limited license to use such information only for: (i) communications that are not unsolicited commercial messages; (ii) using services offered in connection with our Services; and (iii) inquiring about a transaction between you and the other user related to a purpose connected with the Services. Any other purpose will require express permission from the user. Under no circumstances may you use any such information for any unlawful purpose or with any unlawful intent.
We do not tolerate spam or unsolicited commercial electronic communications of any kind transmitted through or by use of our Services. Therefore, without limiting the foregoing, you are not licensed to add another of our users, even a user who has used your services, to your mailing list (e-mail or physical mail) without that user’s express consent, which you must maintain a record of if obtained from the user, in the event that we ask you to provide proof of the user’s consent to be contacted to us.
You agree that, with respect to any texting or calling features connected with the Services, you may be sending texts and/or making calls to the wireless phones of consumers, customers, and/or others. It is your responsibility to be sure that you have all necessary consents and otherwise comply with all laws and regulations that apply to such texts or phone calls. You should only use this text feature to provide requested real estate services. Texts and calling through this feature may be monitored and used to improve our Services.
Below is information about certain U.S. laws and regulations which may be applicable, and which you
are advised to review more fully:
Federal Telephone Consumer Protection Act (47 U.S.C. § 227)
Certain FCC regulations relating to the federal Telephone Consumer Protection Act
FCC (Federal Communications Commission) webpage for Telemarketing and Robocalls
FCC (Federal Communications Commission)
FTC (Federal Trade Commission)
*Note that other state and federal law may apply
We charge a fee for our Services which is paid as a percentage of commissions of the real estate agent at the time of closing, as further detailed in the Referral Agreement (our “Fees”). You understand, acknowledge and agree that all leads assigned by us are our property, and that we are only licensing you the leads in exchange for the commission set forth in the Referral Agreement. Quali reserves the right to take back or assign to another agent any lead, at any time, without notice to you. You are responsible for tracking all lead activity and reporting it to Quali through the CRM to which you are given access to on a weekly bases. This is a material term of the Agreement, and failure to track and report lead progress may lead to the taking back of leads and or termination of your access to our Services.
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, processes, materials, names, or marketing plans. We are under no obligation to review or consider such submissions (“Submissions”). If you provide any Submissions to us, you agree that: (i) your Submission and its contents will automatically become the property of Quali, without any compensation to you; (ii) Quali may modify, use or redistribute any such Submission and its contents for any purpose in our sole and absolute discretion; (iii) there is no obligation for Quali to review any Submission; and (iv) there is no obligation to keep any Submission confidential.
The Services are controlled and operated by Quali and/or our affiliates in the United States. Software used in connection with the Services (the “Software”) is subject to United States export controls. No Software available in or through the Services may be downloaded or otherwise exported or re-exported (i) into any other country which has been embargoed or trade-restricted by the United States government; or (ii) any individual or entity on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, but not the obligation, to: (i) monitor the Services for violations of the Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the Agreement, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services in our sole and absolute discretion.
Accessing and using the Services, sending us e-mails or in-Services messages, and filling in requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Services, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Our Services may from time to time contain links and pointers to other websites, services and products provided by third parties (collectively “Third-Party Services”). Links to Third-Party Services do not constitute an endorsement by us of such Third-Party Services or the individuals or entities who offer them.
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Services, or use thereof. Nothing contained in the Services or in any written or oral communications from Quali or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this section.
The content and functionality on the Services are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Services, content or the related services therein or that the functionality of the Services will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Services is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL QUALI, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, EVEN IF QUALI HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL QUALI HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF QUALI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Quali and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Agreement or the Services shall be limited to monetary damages that in the aggregate may not exceed the greater of $100.00 or the sum of any Fees paid by you to Quali during the six (6) months prior to notice to Quali of the dispute for which the remedy is sought, whichever amount is lesser.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER SUBMISSIONS) OR ANY THIRD-PARTY PROVIDER OR ANY THIRD-PARTY SERVICES THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH OUR SERVICES, YOU HEREBY AGREE TO RELEASE, AND FOREVER DISCHARGE QUALI AND ANY AND ALL OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SERVICES.
YOU FURTHER HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD QUALI HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICES OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY SUBMISSIONS POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SERVICES, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD-PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH THIRD-PARTY SERVICES, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS.
YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Quali is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Services, any dealings with our customer experience agents, any services or products provided, or any representations made by us (“Claims”) by contacting us. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually-agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Quali Arbitration, 1489 Turquoise Drive, Carlsbad, California 92011.” If we request arbitration against you, we will give you notice at the e-mail address or street address you have provided.
The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
Our relationship with you is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Agreement or your use of our Services.
Except as explicitly stated otherwise, any notices to us shall be given by postal mail to: realquali.com, 1489 Turquoise Drive, Carlsbad, California 92011.
When we need to send you notice, it will be sent to the e-mail address you provide through the Services during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three (3) days after the date of mailing to a physical address and one day after mailing to an electronic address.
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted by the indication of the last amendment date at the top of these Terms and will be effective immediately. When users renew subscriptions, the terms in effect at the time of renewal will govern, provided that such Terms may change as described above.
Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to any of our Services, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
For questions or concerns, we can be contacted at email@example.com , or by sending mail