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Proservepro, LLC d/b/a GoKahuna� Certified Business Associate Directory - Notice of Disclaimer and Terms of Service

By accessing the Proservepro, LLC d/b/a GoKahuna� Certified Business Associate (CBA) Directory, the user acknowledges and accepts the terms and conditions upon which this service is made available.

This information and all related materials, support and services are made available by Proservepro, LLC d/b/a GoKahuna� for use only by authorized users for their personal use and are provided "AS IS," without any representation or warranty of any kind, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.

Proservepro, LLC d/b/a GoKahuna� cannot, and does not, warrant that this information, including, but not limited to, prescreening process, criteria, procedures, performance, or information obtained or presented in the prescreening process or disclosures, is current, accurate, or complete. This CBA Directory contains the names of individuals, companies and/or other entities who have qualified to use the "Gold Seal Service Certification�" Mark and for those products and/or services which have been certified by Proservepro, LLC d/b/a GoKahuna� and judged to be eligible for membership in the "Gold Seal Service Certification�" program. This certification consists of a verification of: valid license at the time of certification (if required to conduct business); proof of insurance at the time of certification; bond at the time of certification(if Applicable); history of providing high quality service and/or products (through references and other sources of information); lack of unresolved complaints older than 90 days with the Better Business Bureau at the time of certification; facts indicating that the principal official(s) of the company has/have never been convicted of a felony within seven (7) years prior to the date of certification; and an annual Gold Seal Service Certification� Review of the same information. Users must independently confirm the conformance of any product or service to the applicable laws, standards or requirements with the manufacturer or service provider, and Proservepro, LLC d/b/a GoKahuna� shall not be liable for failure by the user to do so. Proservepro, LLC d/b/a GoKahuna� does not certify anything beyond what is on the foregoing list, including, but not limited to, a change in the certified conditions after the certification date and prior to annual review.

No warranty or guarantee is made that the CBA screening or verification process or standards are sufficient for all or any purposes, or that the information received in the screening, or verification process is accurate, since Proservepro, LLC d/b/a GoKahuna� relies upon CBAs to provide such information. The listed CBAs are not obligated to disclose all services or products it may offer; accordingly, the appearance of an entity's name, product or service in the CBA Directory does not in itself assure that all of those products and/or services have been evaluated by Proservepro, LLC d/b/a GoKahuna�. Only those products and/or services bearing the appropriate "Gold Seal Service Certification�" Mark should be considered to have been evaluated under Proservepro, LLC d/b/a GoKahuna�'s review and accreditation process.

Proservepro, LLC d/b/a GoKahuna� does not warrant that the use of this information will be uninterrupted or error-free, that all products and/or services capable of satisfying a user's requirements are identified in this CBA Directory, or that the products identified in the Directory will satisfy a user's requirements. Proservepro, LLC d/b/a GoKahuna� does not assume and expressly disclaims, liability to any person for any loss or damage (including lost profits, lost savings, or any indirect, special, incidental, consequential or punitive damages whether or not Proservepro, LLC d/b/a GoKahuna� has been advised of the possibility of such damage) arising out of, or in connection with, the use of this CBA Directory regardless of the cause or causes of such loss or damage. No additional rights are granted to the User by virtue of accessing this CBA Directory, aside from specific rights which may be afforded by law.

The identification of products and companies in this CBA Directory does not in any way imply endorsement of those products or companies by Proservepro, LLC d/b/a GoKahuna� aside from the "Gold Seal Service Certification�," if applicable. The certification by Proservepro, LLC d/b/a GoKahuna� is in no way a creation of agency or joint venture with any listed CBA.

Proservepro, LLC d/b/a GoKahuna� does not permit hyper linking to this website without its express prior written consent and the execution of a hyper linking agreement.

Any claim or dispute arising out of any use, direct, incidental or consequential, of this site, directory or any materials, shall be resolved by arbitration before the Better Business Bureau in the jurisdiction in which the claim arises. Should there be no Better Business Bureau that is willing or able to arbitrate the claim in such jurisdiction, the arbitration will be held before the Better Business Bureau of Baton Rouge. If this arbitrator is unable or unwilling to act as arbitrator, PROSERVEPRO, LLC d/b/a GoKahuna� may substitute another nationally-recognized, independent arbitration organization that uses a similar code of procedure. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PROSERVEPRO, LLC, d/b/a GoKahuna� OR YOU WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO HAVE SUCH CLAIM(S) RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE ARBITRATOR. FURTHER, NO PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT THE PARTIES WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVILABLE IN ARBITRATION. Each side shall advance their own share of the costs for the arbitration at the time of filing, though the arbitrator will ultimately decide who is responsible for paying those fees.

By accessing this directory, you agree not to solicit or otherwise contact the Certified Business Associates (CBAs) therein, except for the purposes of hiring them for the services they are listed to provide, or obtaining additional information regarding the same. Any other contact or use of this information is prohibited.

Should any provision or portion of any provision, of this Disclaimer be unenforceable or null and void by provision of law, then that provision, or portion thereof, shall be considered stricken from this Disclaimer and the remaining provisions of this Disclaimer shall remain binding and fully enforceable.

This site and all content � 2004-2005, Proservepro, LLC d/b/a GoKahuna�, unless otherwise indicated. Any reproduction or re-transmission of this information is prohibited unless reproduced or re-transmitted in its entirety, including this Notice of Disclaimer.