| |
QuoteCity is a third party service provider whose goal is to link home
and business owners with contractors. By logging into our site and completing
a detailed job lead profile, those seeking qualified and available contractors,
will have done all they need to do to start the process of receiving quotes
from local contractors looking to fulfill their needs. Conversely, contractors
looking to grow their existing business, looking to find work to get a
new business off the ground, or just looking to fill slow periods in their
season, will find QuoteCity a great source of low cost, high impact business
leads. By filling out a comprehensive profile, contractors can specify
the type of jobs they are looking for.
The following are the terms and conditions for use of www.QuoteCity.com
This agreement (“Agreement”) describes the terms and conditions
applicable to your ("Subscriber") use of our service herein
referred to as the ("Service"). The Service is involved with
the matching of the Subscriber with contractors and/or lenders ( "Service
Providers") whom the Service deems meet the request as outlined by
the Subscriber in the online form that the Subscriber has used to communicate
such request.
Please read them carefully. The Service is offered to you conditioned
on your acceptance without modification of the terms, conditions, and
notices contained herein.
1. ELIGIBILITY.
You must be eighteen or over to register as a Subscriber of the Service
or use the Website. Membership in the Service is void where prohibited.
By using the Website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement.
2. GENERAL DISCLAIMER.
In using the Service, you acknowledge that the Service is not acting
as your general contractor, agent, or advisor. Therefore, it is your sole
responsibility to select Service Providers and to negotiate the terms/fees
for any work performed. You may want to consult with appropriate expert
advisers to assist in your home improvements, including a lawyer regarding
contracts, permits, and other necessary job documentation and an insurance
professional regarding the contractor's and your own insurance coverage
requirements. The Service does not
(i) recommend or endorse any specific Service Provider
(ii) provide advice on which Service Provider to select, or
(iii) screen any individual Service Provider's personal credit or
legal standing.
The Referral Service relies on electronic data provided by third parties
and on statements made by Service Provider and their references to determine
which Service Provider to include in our database. Due to the inherent
time delay in the data gathering process, pending actions or other issues
affecting a Service Provider record may have occurred which were not captured
by the third party data sources used by the Service. The Service does
not guarantee that any Service Provider has insurance coverage at the
time you enter into an agreement with the Service Provider and makes no
representation as to the adequacy of any insurance coverage (including
amount, breadth, or type). . Unless otherwise specifically stated, the
Service does not endorse any product or service described in, offered
on, or linked to any of the Service's websites.
3. TERM.
This Agreement will remain in full force and effect while you use the
Website and/or are a Subscriber. You may terminate your membership at
any time, for any reason by contacting the Service team at customerservice@QuoteCity.com.
The Service may terminate your access to any part or all of the Service
and any related service(s) at any time. Upon any such termination of your
account, you will remain obligated to pay all outstanding fees and charges
relating to your use of any the fee-based services before termination.
If the Service terminates your membership in the Service because you have
breached the Agreement, you will not be entitled to any refund of unused
subscription fees. The Service may also terminate or suspend your account
for inactivity, which is defined as failing to sign-in to the Service
for an extended period of time, as determined by the Service. Upon termination
of the Service, your right to use the Service immediately ceases. Even
after membership is terminated, this Agreement will remain in effect.
4. LIMITATIONS OF THE SERVICE LIABILITY RELEASE.
The Service and its suppliers will not be liable for damages of any nature
arising from or relating to your use of the service or the Third Party
services or use thereof by anyone else through your account. The Service's
total cumulative liability to you and anyone who uses the service or the
Third Party services through your account, for any and all claims under
any theory of law (including negligence), will not exceed $1,000 or the
aggregate amount you paid to the Service in the preceding 12 months, whichever
is greater. Some states or jurisdictions do not allow the exclusion or
limitation of certain types of liability. Therefore, the above limitations
of liability may not apply to you to that extent, and nothing in this
section should be construed as excluding or limiting the Service's liability
beyond what is permissible under applicable law. You agree not to hold
the Service responsible for any damages or other liabilities arising from
work performed by any contractor. Because the Service is not and cannot
be involved in your dealings with the Service Providers or control whether
or not Service Providers will complete any work as agreed, in the event
that you have a dispute with one or more Service Providers, you release
the Service (and our agents and employees) from any and all claims, demands,
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. To the extent applicable,
you waive California Civil Code §1542, which states: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with the
debtor."
5. SUBSCRIBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by providing
us with current, complete and accurate information as prompted by the
Registration Form. You are entirely responsible for maintaining the confidentiality
of your password and username. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree to
notify the Service immediately of any unauthorized use of your account
or any other breach of security.
6. SUBSCRIBER PRIVACY AGREEMENT.
It is the Service policy to respect the privacy of its Subscribers. The
Service will not monitor, edit, or disclose any personal information about
you or your use of the Service, including its contents, without your prior
permission unless the Service has a good faith belief that such action
is necessary to:
• conform to legal requirements or comply with legal process;
• protect and defend the rights or property of the Service;
• enforce the Agreement; or act to protect the interests of
its Subscribers or others.
You agree that the Service may access your account, including its contents,
as stated above or to respond to service or technical issues.
5. SUBSCRIBER CONDUCT.
As a condition of your use of the Service, you warrant to Service that
you will not use the Service for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
6. ONLINE INFORMATION.
Company and lead information are provided by the contractor and homeowner/hiring
agent respectively. Therefore, the Service does not guarantee the accuracy,
of the information listed on this site. Should you have any questions,
please contact the contractor and/or homeowner/hiring agent at the number
listed on their profile page. The Service will not be liable for any damages
of any kind incurred as a result of the information contained here.
7. LINKS TO THIRD PARTY SITES.
THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB
SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL
OF THE REFERRAL SERVICE AND THE REFERRAL SERVICE IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE,
OR ANY CHANGES OR UPDATES TO SUCH SITES. THE REFERRAL SERVICE IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY THE REFERRAL SERVICE OF THE SITE OR ANY
ASSOCIATION WITH THEIR OPERATORS.
9 . PROPRIETARY RIGHT IN CONTENT ON THE SERVICE.
The Service owns and retains all proprietary rights in the Website and
the Service. The Website contains the copyrighted material, including
links and compilations of individual data, trademarks, and other proprietary
information of the Service, and its licensors. Except for that information
which is in the public domain or for which you have been given written
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
10. CONTENT POSTED ON THE SITE.
a. You understand and agree that the Service may review and delete any
content, messages, photos or profiles (collectively, “Content”)
that in the sole judgment of the Service violate this Agreement or which
might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of Subscribers.
b. You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Subscribers.
c. By posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant,
to the Service an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such information
and content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sublicenses
of the foregoing.
d . The following is a partial list of the kind of Content that is illegal
or prohibited on the Web site. The Service reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation, removing the
offending communication from the Service and terminating the membership
of such violators. It includes Content that:
i) is patently offensive to the community, such as Content that promotes
racism, bigotry , hatred or physical harm of any kind against any
group or individual;
ii) harasses or advocates harassment of another person;
iii) involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
iv) promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
v) promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
vi) contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
vii) provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from
anyone under 18;
viii) provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
ix) solicits passwords or personal identifying information for commercial
or unlawful purposes from other users.
Even though all of this is strictly prohibited, there is a small chance
that You might become exposed to such items and You further waive Your
right to any damages (from any party) related to such exposure.
f. You must use the Service in a manner consistent with any and all applicable
laws and regulations.
h. Although the Service cannot monitor the conduct of its Subscribers
off the Web site, it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any Subscriber
without their prior explicit consent. In order to protect our Subscribers
from such advertising or solicitation, the Service reserves the right
to restrict the number of emails which a Subscriber may send to other
Subscribers in any 24-hour period to a number which the Service deems
appropriate in its sole discretion.
11. COPYRIGHT POLICY.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights. Without
limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Web site; your address,
telephone number, and email address; a written statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. The Service's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent, QuoteCity.com,
17 New Street, Suite B, Metuchen, NJ 08840.
12. OTHER.
This Agreement, accepted upon use of the Website and further affirmed
by becoming a Subscriber of the Service, contains the entire agreement
between you and the Service regarding the use of the Website and/or the
Service. The failure of the Service to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such
right or provision. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
The section titles in these Terms of Service are for convenience only
and have no legal or contractual effect.
Please contact
us. with any questions regarding this agreement.
QuoteCity.com is a
service mark of New Street Enterprise Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
|
|
