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Projectquote Terms & Conditions

Updated November 10, 2015

Acceptance of Terms

General

Your access to, and use of any services provided by Projectquote LLC (“Projectquote”, “we”, “us”) is subject to the Terms and Conditions defined herein. This Terms and Conditions (“Terms”) agreement constitutes a legally binding contract between Projectquote LLC, and our affiliates, and you, with respect to your use of all services and properties owned or operated by Projectquote, and all products and services available from Projectquote, Service providers (as defined below) or other third parties in connection with the Properties (individually and collectively with the Properties, the "Services"). By using the Services, you acknowledge that you have read, understood, and agree to be bound by, the Terms and our Privacy Policy. If you do not agree to the Terms, please do not use the Services. Please note that these Terms include a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you. Changes to Terms. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes. Consent. You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity. Our Privacy Policy. Our Privacy Policy, which describes how we collect and use information from our users, is available at the link titled "Privacy Policy" on our homepage and other locations within the Services.

Our Services

Services We Provide

Projectquote connects homeowners and service providers of all types. We help homeowners discover inspiring home projects, learn about project costs and select a Service provider based on characteristics that matter most to them. No Endorsement and Estimates. Projectquote does not sponsor, endorse, recommend or approve of any Service provider who offers products or services through the Services. While we try to confirm that service provider meet certain requirements, we cannot and do not represent or warrant that any Service provider is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. All non-Projectquote trademarks, product names and logos appearing on our Services are property of their respective owners. Any estimate provided in connection with the Services is only a guide, it is not a guarantee of the actual cost of your specific project. Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by Projectquote. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Projectquote.

Permissible Use and Projectquote Intellectual Property

Grant of Limited License

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only. Projectquote Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information ("Materials") are proprietary property of Projectquote, its suppliers, and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

No Reverse Engineering

You may not reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law). No Automated Queries. You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Services); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services. You may not harvest information about users of the Services or service providers for any purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or that harms Projectquote, its service providers, suppliers or any other person.

Additional Apple Required Terms for iOS Apps.

Acknowledgement

Projectquote and you acknowledge that these Terms are concluded between Projectquote and you only, and not with Apple, and Projectquote, not Apple, is solely responsible for the Services and the content thereof.

Scope of License

The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

Maintenance and Support

As between Apple and Projectquote, Projectquote is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms, or as required under applicable law. Projectquote and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

Warranty

As between Apple and Projectquote, Projectquote is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Projectquote's sole responsibility.

Product Claims

Projectquote and you acknowledge that Projectquote, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of those Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights

Projectquote and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Projectquote, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Developer Name and Address. Projectquote may be contacted at 7123 W 95th Street, Overland Park, KS 66212 or by calling 1-866-573-7747 or at info@projectquote.com in connection with any questions, complaints or claims with respect to the Services. Third-Party Beneficiary. Projectquote and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

User Submissions

Accurate Information

You agree to provide us with accurate, complete and up to date information and you agree to update such information to keep it accurate, complete and up to date. You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them. Collected Data Definition You agree and acknowledge that Projectquote and service providers may collect text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or information of any nature whatsoever (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you, your household, your real or personal property or otherwise (individually and collectively, "Collected Information"). You Are Responsible for User Submissions. The Services may permit you and other users to submit Information (individually and collectively, "User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of submitting them.

License to User Submissions

With respect to both User Submissions and Collected Information, you grant Projectquote a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in all media. We will not pay you or otherwise compensate you for User Submissions or Collected Information.

Do Not Post Illegal or Harmful Content

You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Projectquote. Do Not Post Improper Content. You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize. Reviews of Service Providers You may only post a review of a Service provider if you have first-hand knowledge of the services provided by such Service provider. You may not post or submit a review of a Service provider if you are (i) an employee, contractor, partner or otherwise affiliated with, such Service provider, (ii) an employee, contractor, partner or otherwise affiliated with, a competitor of such Service provider, or (iii) related to such Service provider, including by blood, adoption or marriage. Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Submissions for any reason, at our sole discretion.

Accounts and Charges

Provided Services

Products and services provided by service providers are made available to you pursuant to both (i) a communications platform that enables connections between you and Service providers and (ii) a payments platform that provides a medium of exchange of money between you and Service providers to facilitate the provision of goods and services ("Service provider Services"). Other Services when clearly and explicitly designated may be provided and billed for by Projectquote ("Projectquote Services"). The Service provider Services and the Projectquote Services are referred to collectively as the "Provided Services."

Account

In order to use the Provided Services, you must register and maintain an account with us ("Account"). Account registration requires that you provide us with specified personal information, which may include, without limitation, your name, address, mobile phone number, and credit card payment details. You must keep your Account information complete, accurate and current at all times. You agree to maintain the security of your Account information and that you are responsible for all activity in connection with your Account. By creating an Account, you agree that communication may be made with you via telephone, email, text message or other electronic or non-electronic means as part of the normal business operation of the Provided Services.

Charges

You agree that use of the Service provider Services will result in charges to you for the products or services provided by service provider ("Service provider Charges") and that use of the Projectquote Services will result in charges to you for the products or services provided by Projectquote ("Projectquote Charges") (Projectquote Charges and Service provider Charges, collectively, "Charges"). You will be informed of Charges before products or services are provided by Projectquote or Service providers, as applicable (including cancellation fees and terms, if any). You should confirm Charges each time you request products or services. Applicable sales tax will be added to all Charges where required by law.

Payment

Payments for Charges are immediately due upon provision of the applicable products or services and Projectquote will facilitate payment in accordance with the payment method specified in your Account. Payments are final and non-refundable. Projectquote may, in its discretion, facilitate your payment of Service provider Charges on behalf of a Service provider as such Service provider's limited payment collection agent. Payment of the Service provider Charges in such manner shall be considered the same as payment made directly by you to the Service provider. You acknowledge and agree that your purchases of services and products from a Service provider are transactions between you and that Service provider, and not with Projectquote.

Claims of Copyright Infringement

If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Project Quote, LLC
PO Box 217
Clarkson, KY 42726
P: (913)-229-9199

Release

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE PROJECTQUOTE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE "PROJECTQUOTE PARTIES") FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOUR USE OF, OR TRANSACTIONS WITH, PROJECTQUOTE, SERVICE PROVIDERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROJECTQUOTE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH PROJECTQUOTE, SERVICE PROVIDERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

Limitation of Liability

IN NO EVENT SHALL THE PROJECTQUOTE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, PROJECTQUOTE, SERVICE PROVIDERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROJECTQUOTE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL THE COLLECTIVE LIABLITY OF THE PROJECTQUOTE PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, PROJECTQUOTE, SERVICE PROVIDERS OR OTHER THIRD PARTIES EXCEED THE AMOUNT YOU HAVE PAID TO PROJECTQUOTE FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR TEN DOLLARS, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PROJECTQUOTE, AS APPLICABLE. Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROJECTQUOTE PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, AND ATTORNEY'S FEES DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, PROJECTQUOTE, SERVICE PROVIDERS OR OTHER THIRD PARTIES, OR (3) YOUR VIOLATION OF ANY OF THESE TERMS. PROJECTQUOTE RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH PROJECTQUOTE IN ASSERTING ANY AVAILABLE DEFENSES.

General

Assignment

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Projectquote's prior written consent, but may be assigned by Projectquote without restriction and without notice to you.

Export Control

Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Governing Law

You agree that these Terms and the Services shall be governed solely by United States and Washington law, without regard to conflict of law provisions. Any claim or dispute between you and the Projectquote Parties that arises in whole or in part from the Services, Terms or any relationship between us, shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. You further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of resolving all such claims or disputes.

Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

Entire Agreement and Severability

These Terms constitute the entire agreement between you and Projectquote concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Projectquote with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms 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 Projectquote's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Services

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

Termination

We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent future access to and use of the Services.

Third Party Beneficiaries

These Terms do not create any right of action on the part of any third party, except for the Projectquote Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Attorney Fees

If the Projectquote Parties take legal action against you as a result of your violation of these Terms, the Projectquote Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Projectquote Parties.

Contact Us

If you have questions, please contact us by email at info@projectquote.com or writing us at 7123 W 95th Street, Overland Park, KS 66212.

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