ACCEPTANCE OF THESE TERMS
participation in the Platform made available by Quote It, Inc. ("Quote It," "we,"
"our," or "us") or through Quote It and the entirety of your relationship with Quote It.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. AS DETAILED IN THE ELIGIBILITY, CLIENT MEMBER REPRESENTATIONS SERVICE PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM SECTION BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses,
uses, and/or participates in the Platform in any manner, and each of your heirs,
assigns, and successors. If you use the Platform on behalf of an entity, you
represent and warrant that you have the authority to bind that entity, your
acceptance of the Terms will be deemed an acceptance by that entity, and "you"
and "your" herein shall refer to that entity.
Quote It reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Quote It will post the modified terms on the Quote It website or on the Platform and notify you of the changes by sending you an email or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted or you are otherwise notified. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
information and notices concerning Quote Its collection and use of your information. The provision and delivery of text messages by Quote It or our text message vendors is governed by our SMS Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Quote It Inc. policies that govern your use of the Platform and our interactions with you and third parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
"Platform" means all Quote It websites, mobile or other applications, software,
processes and any other services provided by or through Quote It.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Service Requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Service Provider or Client Member user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding Quote It Content and Feedback.
"Quote It Content" means all Content Quote It makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"Collective Content" means User Content and Quote It Content together.
“Service Request” means any Professional Service sought, requested or scheduled by a user through the Platform.
"Client Member" means a user who is registered to create Service Requests and receives quotes form Service Providers, or otherwise uses the Platform to receive, review, or facilitate the receipt of Quotes or Professional Services from Service Providers for the execution of Service Requests.
"Service Provider" means a user who is registered to respond to Service Requests with messages and quotes, submit quotes to Client Members, or otherwise uses the Platform to offer, provide, or facilitate Professional Services for the execution of Service Requests.
“Quote” means a Quote submitted by a Service Provider in response to a Service Request posted by a Client Member on the Platform that includes a price and details for Professional Services.
“In-Person Quote” means an In-Person Quote submitted by a Service Provider in response to a Service Request posted by a Client Member on the Platform includes a reason why the Service Provider needs to provide a quote for the Service Request in-person.
"Professional Service" means any service described, offered, quoted, executed or provided by a Service Provider through the Platform.
“Connection Fee” Service Providers are charged a Connection Fee when a Client Member responds to a Service Providers Quote with a message, call, date to schedule or accepts their Quote.
“Credits” Credits are used by Service Providers to pay Connection Fees and get Paid Features like Top Quote.
“Subscription” Service Providers can purchase a Subscription to avoid paying Connection Fees. With a Subscription, Service Providers get unlimited Connections with any Client Member on the Platform.
“Top Quote” Top Quote gives Service Providers a way to promote their Quote to Client Members. If a Service Provider purchases Top Quote when submitting a Quote, their Quote will appear in the Top Quotes section of the Client Members Quote list above all other Service Providers Quotes.
ELIGIBILITY, CLIENT MEMBER REPRESENTATIONS, SERVICE PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
By signing up or using the Platform to post Service Requests to receive quotes or offers of Professional Services to facilitate the execution of Service Requests, you recognize that Quote It itself does not provide Professional Services and Service Providers are not Quote It employees, partners, or agents. Quote It makes no representations or warranties that Service Providers, and the employees, agents, partners, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Professional Services and in relation to the specific job they are performing.
Client Members understand and agree that by creating and maintaining an
account on the Platform, they receive only the ability to use the Quote It
Platform to access persons interested in providing Professional Services and
related tools, including but not limited to the ability to message Service Providers or schedule appointments, that facilitate the execution of Service Requests. Client Members understand and agree that using the Platform does not guarantee that any Quote It users will engage them with quotes or messages for the execution of Service Requests.
By signing up or using the Platform to submit quotes for Service Requests or provide Professional Services to facilitate the execution of Service Requests, Service Providers represent and warrant that they, and the employees, agents,
contractors, and subcontractors who may perform work for them, are properly
and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Professional Services and in relation to the specific Service Request they are performing.
Service Providers understand and agree that by creating and maintaining an account on the Platform, they receive the ability to use the Platform to access persons interested in receiving Professional Services, including but not limited to the ability to obtain Client Member contact information, message Client Members or schedule appointments with Client Members, that facilitate the execution of Professional Services. Service Providers understand and agree that using the Platform does not guarantee that any Quote It users will engage them for Professional Services.
Service Providers understand and agree that they are customers of Quote It, and
are not Quote It employees, joint ventures, partners, or agents. Service
Providers acknowledge that they set or confirm their own prices, provide their
own equipment, and determine their own work schedule. Quote It does not
control, and has no right to control, the Professional Services a Service Provider provides (including how the Service Provider provides such Professional Services) if the Service Provider is engaged by a Client Member, except as specifically noted herein.
Quote It, as permitted by applicable laws, obtains reports based on publicly
available information regarding Service Providers, which may include history of criminal convictions or sex offender registration, and we may limit, block,
suspend, deactivate, or cancel a Service Provider’s account based on the results
of such a check. As a Service Provider, you agree and authorize us to use your
personal information, such as your full name and date of birth, to obtain such
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
To access and participate on the Platform, you will need to create a password-
protected account ("Account"). Client Members may register for an Account using your existing Facebook, Google or Apple account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Quote It password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Quote It immediately of any unauthorized use. Quote It is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Quote It or others due to such unauthorized use.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Quote It grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to
reproduce and display Collective Content (excluding any software source code)
solely for your personal and non-commercial use and only in connection with
your access to and participation in the Platform. You will not use, copy, adapt,
modify, prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Quote It or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or
transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Quote It a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Quote It in public advertising. In the interest of clarity, the license granted to Quote It shall survive termination of the Platform or your Account. Quote It does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content
that you make available on or through the Platform. Accordingly, you represent
and warrant that: (a) you either are the sole and exclusive owner of all User
Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Quote It the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Quote Its use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Quote It may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Quote It reserves the right, at any time and without prior notice, to remove or
disable access to User Content that we, in our sole discretion, consider to be
objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
SERVICE PROVIDER BADGES
Service Providers are not required but can have up to 4 Badges on their profile (“Badge, “Badges”). Badges include but not limited to; " Workers Compensation Insurance”, “Liability Insurance”, “Certificate” and “Full Member”. To get a Badge a Service Provider must upload a picture.
i) Workers Compensation Insurance Badge. A Service Provider can upload a picture of their workers compensation insurance policy to get the Workers Compensation Insurance Badge on their profile.
ii) Liability Insurance Badge. A Service Provider can upload a picture of their liability insurance policy or general liability insurance certificate to get the Liability Insurance Badge on their profile.
iii) Certificate Badge. A Service Provider can upload a copy of their business or trade certificate to get the Certificate Badge on their profile.
iv) Full Member Badge. If a Service Providers uploads all 3 badges (Workers Compensation Insurance, Liability Insurance, Certificate) they get a Full Member badge on their profile.
Quote It does not verify, make any representations, warranties or guarantees the information or images provided by Service Providers for Badges is true, relevant, valid, pertinent or otherwise reliable. Prior to hiring, Client Members are responsible for confirming Service Providers are properly and fully qualified and experienced, licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Professional Services and in relation to the Service Request they are executing.
As a user of the Platform, you may not:
Use another person's Account, misrepresent yourself or Professional Services offered through the Platform, misrepresent your identity or qualifications,
misrepresent a Service Request or other information in a Quote, or post content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline
readers, scrapers to access the Platform for any purpose without Quote Its
prior written approval; provided, however, that the operators of public search
engines may use spiders or robots to copy materials from the Platform or Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Quote It reserves the right to revoke these exceptions either generally or in specific cases);
In any manual or automated manner copy copyrighted text, or otherwise
misuse or misappropriate Platform information or Content including but not
limited to, use on a mirrored, competitive, or third-party site;
Transmit more request messages through the Platform in a given period of
time than a human can reasonably produce in the same period by using a
conventional online web browser or mobile device;
Take any action that (a) may unreasonably encumber the Platform's
infrastructure; (b) interferes or attempts to interfere with the proper working of
the Platform or any third-party participation; (c) bypasses measures that are
used to prevent or restrict access to the Platform; (d) circumvents, disables or
otherwise interferes with security features of the Platform; (e) distributes
viruses or any other technologies that may harm Quote It or users; (f) uses
the Platform in a way that violates any copyrights, trade secrets, or other
rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates the Fees structure, Credits structure, Subscription structure, Paid
Features, billing, or Fees owed;
As a Service Provider, use the Platform in any manner that circumvents your
obligation to pay Quote It for access to services or features provided by the Platform;
Collect, harvest or publish any personally identifiable data including but not
limited to names, phone numbers, emails or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Recruit, solicit, or contact in any form Service Providers or Client
Members in away not specifically intended by the Platform;
Take any inappropriate or unlawful actions, including the submission of
inappropriate or unlawful Content to or through the Platform, including
Content that is harassing, hateful, illegal, profane, obscene, defamatory,
threatening, or discriminatory (see non-discrimination policy) or that advocates,
promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate any key Quote It policies that govern your use of the Platform and our
interactions with you and third parties;
Advertise or solicit a Professional Service not related to or appropriate for the Platform including, but not limited to (a) is not a supported category or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Quote It; (g) is based outside of Canada; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
Submit User Content that damages the experience of any user including but
not limited to (a) requests to download non-Quote It mobile applications
and/or links that direct the user to mirrored websites where the user must
enter information that is redundant with what has already been entered on
the Platform, (b) offers to purchase a Professional Service or any other service
outside of the Platform, or (c) using a profile page or user name to promote
a Professional Service or any other service outside of the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or
Fail to perform Professional Services purchased from you as promised,
unless the Client Member fails to materially meet the terms of the
mutually agreed-upon agreement of the quote or refuses to pay, or
a clear typographical error is made, or you cannot authenticate the Client
Engage in fraudulent conduct including but not limited to offering to make
money transfers with intent to request a refund of any portion of the payment
or soliciting users to mail cash or use other payment methods prohibited by
Negotiate a price with, use, or otherwise solicit a Service Provider with no
intention of following through with your use of or payment for the Professional
Agree to purchase a Professional Service when you do not meet a Service
Undertake any activity or engage in any conduct that is inconsistent with the
business or purpose of the Platform;
Commercial promotion or advertisements of products or Professional Services except for that which is in the context of a quote submitted by a Service Provider to a Client Member for a Service Request;
Content that publicly discloses the contact information of a Client Member or Service Provider; and
Attempt to indirectly undertake any of the foregoing.
NUDITY AND OBJECTIONABLE MATERIAL
You acknowledge and agree that the Platform must remain a safe place for
families with children, so you agree not to, and we strictly prohibit, the uploading and display of any User Content portraying explicit nudity, adult content, or that is unacceptable for viewing by minors or objectionable, in our sole discretion. For example, but without limitation, prohibited User Content would include material that would be unacceptable in a public museum where minors visit, or User Content that would only be appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the sole discretion of whether User Content is suitable belongs to Quote It, and we reserve the right (but have no obligation) to (a) delete any User Content we deem to violate this Agreement or (b) to cancel the User Account from which such User Content was made available on the Platform.
QUOTE AND IN-PERSON QUOTE
Service Providers have 2 options when submitting a Quote on a Service Request from a Client Member, they can submit a Quote or In-Person Quote (“Quote”, “Quotes”, “In-Person Quote”, “In-Person Quotes”).
A Quote submitted by a Service Provider includes a price and details for Professional Services. An In-Person Quote submitted by a Service Provider includes a reason why the Service Provider needs to provide a quote for the Service Request in-person.
PAYMENT FOR PROFESSIONAL SERVICES
Quote It is not responsible or liable for payment terms and agreements between
Client Members and Service Providers or for unpaid bills for Professional
Services rendered during the execution of Service Requests. Quote It does not
collect money from Client Members on behalf of Service Providers for completed Service Requests. Service Providers are responsible for invoicing, billing and collecting payment from Client Members and any applicable taxes in the jurisdiction(s) in which they perform their Professional Services in relation to a completed Service Request.
CONNECTION FEES, CREDITS, SUBSCRIPTION FEES, AND PAID FEATURES
1) Connection Fees
In connection with the use of the Platform, Quote It charges Service Providers Connection Fees ("Fee”, Connection Fee", "Connection Fees").
Quote It charges Service Providers Fees for connections made with Client Members on the Platform. If a Service Provider submits a Quote or In-Person Quote in response to a Service Request and a Client Member responds with (a) sends a message (b) call (c) sends a date to schedule (d) or accepts the quote then the Service Provider is charged a Connection Fee of 7 Credits. Service Providers are only charged once per Quote or In-Person Quote.
Connection Fees are stated and paid in Credits. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to change the amount of Credits required for Connection Fees.
In connection with the use of the Platform, Quote It charges Service Providers Connection Fees and Paid Features. Connection Fees and Paid Features are stated and paid for using Credits. Credits can be purchased in the following denominations:
Credit prices are stated and paid in Canadian dollars. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to change the price of Credits.
3) Subscription Fees
In connection with the use of the Platform, Quote It charges Service Providers Subscription Fees ("Fee”, Subscription Fee", "Subscription Fees").
Service Providers can purchase a subscription to avoid paying Connection Fees. With a subscription Service Providers get unlimited connections with any Client Member. Subscriptions can be purchased for the following time periods:
One month is equal to 28 days. Each Subscription period is based on 28 day months. A one (1) year Subscription period is equal to 365 days.
Subscription periods start on the date of purchase. Subscriptions will automatically renew at the start of the new billing period if a credit card is saved on the account. Reoccurring payments can be stopped at any time by removing saved credit cards from your account.
Subscription Fees are stated and paid in Canadian dollars. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to change the price of Subscription Fees.
4) Paid Features
In connection with the use of the Platform, Quote It charges Service
Providers for certain Features ("Paid Feature", "Paid Features"). Paid Features include but not limited to; “Top Quote”
(i) Top Quote gives Service Providers a way to promote their Quote to Client Members. The Top Quotes section is at the top of the Client Members quotes page. If a Service Provider purchases Top Quote when submitting their Quote, their Quote will appear in the Top Quotes section of the Client Members Quote list above all other Service Providers Quotes.
Paid Features are stated and paid in Credits. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to change the amount of Credits required for Paid Features.
You agree to pay all applicable Connection Fees, Credits, Subscriptions, Paid Features or charges based on the billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card designated at the time you make a purchase. You may view a record of your Credit deductions and purchase history by logging into your Account on the Quote It app.
If you do not pay on time or if Quote It cannot charge a credit card for any reason, Quote It reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail, SMS or by phone. Such communication may be made by Quote It or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Quote It may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law.
Quote It accepts Visa and Master Card.
Any disputes about charges to your Account must be submitted to Quote It in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
Subscriptions purchased by Service Providers will automatically renew after the initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial Subscription ("Renewal Price"), unless Quote It provides you with at least thirty (30) days advance notice of a change in your Renewal Price. By purchasing a Subscription you agree that your Account will be subject to this automatic renewal feature and you authorize Quote It to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Quote It to charge you for any taxes that may be imposed on your Subscription payments. Upon the renewal of your Subscription, if Quote It does not receive payment from your payment method or payment method provider, you agree that Quote It may either terminate or suspend your subscription.
If you want to stop Recurring Fees and the automatic renewal of your subscription, you may do so at anytime by removing your saved credit card from your Account. If you remove your saved credit card from your Account, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period.
Service Providers understand and agree that you are solely responsible for including applicable taxes in Quotes submitted to Client Members, determining your own tax reporting and sales tax collection requirements for revenue generated from Professional Services through the Platform. Quote It cannot and does not offer specific tax advice to Service Providers or Client Members.
All Credit and Subscription prices are stated and paid in Canadian dollars and include applicable taxes.
All sales of Credits and Subscriptions are final and non-refundable. Quote It is not obligated to refund to you any amounts of prepaid Credits or other prepaid Fees such as Subscription Fees. Credit deductions for Connection Fees and purchases of Paid Features are final and non-refundable. The following situations are not eligible for Connection Fee refunds:
Client Member is not calling you back;
Client Member already found someone to complete the work;
Client Member changed their mind;
Client Member is just "shopping";
You did not win the job
All Account cancellation requests will be subject to Quote Its review and absolute discretion. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation by emailing your request to Quote It support at firstname.lastname@example.org. If you cancel your Account at any time, you will not receive a refund.
DISPUTES BETWEEN OR AMONG USERS
Quote It values our Service Providers and Client Members, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Service Provider or a Client Member
cannot be resolved independently, you agree, at Quote Its request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Quote It or a neutral third-party mediator or arbitrator selected by Quote It. Notwithstanding the foregoing, you acknowledge and agree that Quote It is under no obligation to become involved in or impose a resolution in any dispute between or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
Quote It Content is protected by copyright, trademark, and other laws of Canada, foreign countries, and international conventions. Except as expressly provided in these Terms, Quote It and its licensors exclusively own all right, title, and interest in and to the Platform and Quote It Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Quote It used herein are trademarks or registered trademarks of Quote It. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
By sending us any feedback, comments, questions, or suggestions concerning
Quote It or our services, including the Platform (collectively, “Feedback”) you
represent and warrant (a) that you have the right to disclose the Feedback, (b)
that the Feedback does not violate the rights of any other person or entity, and
(c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Quote It and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
We expect users to respect copyright law. In appropriate circumstances we will
terminate the Account of any user who repeatedly infringes or is believed to be
repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
Quote It does not endorse any Service Provider, Client Member or any user,
and Quote It is not a party to any agreements between or among users, Client Members, Service Providers or third parties. No agency, partnership, joint venture, or employment is created as a result of these Terms or any user's, Client Member's or Service Provider’s use of any part of the Platform, including but not limited to any Professional Services or other services. Neither Quote It nor any Service Providers, Client Members or users of the Platform may direct or control the day-to- day activities of the other, or create or assume any obligation on behalf of the other. Service Providers and Client Members are required by these Terms to provide accurate information, and although Quote It may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Quote It services they are using or any involvement by Quote It personnel in providing or scheduling those Professional Services. Any reference on the Platform to a user being insured, licensed or credentialed in some manner, or "full member," "top quote," "workers compensation insurance badge" or "liability insurance badge" or "trade certificate" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Quote It and is not verification of their identity and whether they or their Professional Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Quote It is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Quote It. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or
liability that you seek to obtain for actions or omissions of other users or other
third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Quote It with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Quote It may, in its sole
discretion, take any action permitted by law for any violation of these Terms or
any other policy or agreement between you and Quote It, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or pay Fees, assessing monetary penalties or costs, terminating your Account, decreasing your status or search rank, canceling Quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Quote It Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Quote It support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Platform and/or terminate your Account at any time by emailing email@example.com and requesting to have your account deleted. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
Contact Us First. We care about addressing your concerns in an informal
and efficient manner. For any dispute you have with us regarding the Platform, you agree to first contact us and attempt in good faith to resolve the dispute informally by reporting the dispute to our customer service center online at any time by emailing firstname.lastname@example.org. You agree that if our dispute is not resolved by informal resolution within 15 days of your submission or within a reasonable time, you will resolve any claims through final and binding arbitration ("Arbitration").
Arbitration. You agree that any claim arising out of or in connection with this
Agreement, or in respect of any legal relationship associated with or derived from this Agreement, that is not resolved through our customer service center, will be finally resolved by Arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Arbitration will take place in Toronto, Ontario, Canada. The language of the arbitration will be English.
No Class Actions. You hereby agree and acknowledge that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action. You further agree that, by entering into these terms, you and Quote It each agree that all claims and disputes shall be resolved under this Agreement. You further waive any constitutional or statutory right to go to court and have a trial in front of a judge or jury on an individual, class action, or representative action basis. In the event any
litigation should arise between you and us, in any jurisdiction, in a suit to vacate or enforce an Arbitration award or otherwise, you and Quote It waive all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agree to take any and all action necessary or appropriate to effect such waiver.
Statute of Limitations. You hereby agree that any claim under this Agreement must be brought within one year of the act giving rise to the claim.
GOVERNING LAW; VENUE AND JURISDICTION
You agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any dispute hereunder.
YOUR USE OF THE PLATFORM OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT QUOTE IT DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE PROVIDERS AND CLIENT MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QUOTE IT AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PROFESSIONAL SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. QUOTE IT MAKES NO WARRANTY THAT THE PLATFORM OR PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QUOTE IT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. QUOTE IT SHALL NOT BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUOTE IT OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CLIENT MEMBERS OR SERVICE PROVIDERS. YOU UNDERSTAND THAT QUOTE IT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICE PROVIDERS. QUOTE IT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROFESSIONAL SERVICES. QUOTE IT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF QUOTE IT OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER QUOTE IT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE
(WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUOTE IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C)
THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PROFESSIONAL SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF QUOTE IT AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PROFESSIONAL SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO QUOTE IT BY YOU HEREUNDER, OR ONE HUNDRED CANADIAN DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
We make no guarantee regarding the provision of Professional Services, the
acceptance of any Client Member for the provision of Professional Services,
the availability, workmanship, timeliness, integrity, ability or skill of Service
Providers or the Professional Services they purport to be able or willing to
provide. We do not guarantee that the Service Providers hold any qualification, certification, license, schooling, training, or insurance required to provide the Professional Services. QUOTE IT DOES NOT WARRANTY ANY SERVICE PROVIDERS PROFESSIONAL SERVICE, ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR WORKER'S COMPENSATION PROTECTION RELATED TO A HOME SERVICE.
APP/MOBILE PHONE USE
You agree to adhere to any terms of any app store, mobile software platform,
payment platform, or other third party services provided in connection with your use of the App. We reserve all rights in and to the App not expressly granted to you under this Agreement and you only have a limited license to use it to access the Platform in accordance with these terms.
By providing your mobile phone number and using the Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and text messages from Quote It. You understand and acknowledge that by communicating by calls or text messages, standard call and message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by replying “STOP” to any text message received from Quote It. For more information see our SMS Terms and Conditions.
MERGER OR ACQUISITION
It is possible that Quote It may be acquired or transferred as part of a merger,
acquisition or other change of control. In the event of such a transaction, you
understand and agree that we may assign our rights under this Agreement and
that your personal information may be transferred to the succeeding entity in
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Quote It and its affiliates and
subsidiaries, and their respective officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation reasonable legal and accounting fees,
arising out of or in any way connected with (a) your access to or use of the
Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Client Member, Service Provider or user; and (d) the request or receipt or offer or provision of Professional Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Professional Services. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Force Majeure: Other than payment obligations, neither Quote It nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You: You agree that Quote It may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Quote It may also contact you by telephone or through text message if you have agreed to receive text messages or telephone calls from Quote It.
legal notices or additional terms and conditions or policies published by Quote It on the Platform, shall constitute the entire agreement between you and Quote It concerning the Platform or Professional Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Quote Its failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the
contrary, any claim arising out of or related to the Platform or the Professional
Services offered therein must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to email@example.com, or by writing to Quote It, Inc., 445 Sandlewood Drive, Oakville, Ontario Canada L6L 3S3
For more information please see some of our other policies.