QuoteFlare Terms of Service
At QuoteFlare we offer a revolutionary new service to leverage your customer's visits to your website(s) through our Quote Center™ software module. We are glad you are here to learn more about our products and services and how they can help your business. We just have a few things to go through first...
Terms of Service:
These terms of service govern your access to and your use of QuoteFlare, our websites and services which shall be called "The Website" henceforth. Please read this Agreement carefully before accessing or using The Website. By accessing or using any part of The Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use The Website. If these terms and conditions are considered an offer by QuoteFlare, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
By using QuoteFlare, you agree to be bound by these Terms. If you are using QuoteFlare on behalf of a business or organization, you are agreeing to these Terms for that business or organization and you promise that you have the authority to bind that business or organization to these terms and henceforth “you” and “your” will refer to that business or organization.
- Modifications. We may modify The Website at any time without any notice to you. We may interrupt, pause, or cancel The Website at any time without notice to you. We may remove any content from The Website at our discretion.
- Prohibited Content. Our service is designed to give you maximum freedom to display your Quote Center on your site(s) in the best manner for your business. Although, certain language and content is prohibited from use with QuoteFlare products or services. These include but are not limited to: viruses, spam, pornography, sexually explicit language, vulgar language.
- Responsibility of Users. By creating an account and using The Website you accept responsibility for providing acceptable content for use with QuoteFlare on your site. You promise:
- To limit questions, answers, images, and all types of content to; of a professional manner and nature;
- To be truthful. To keep account and profile information up to date and accurate. Your products and services offered must accurately match your actual services and abilities. Your services must also be properly categorized.
- To provide accurate quotes or estimates. Your estimates must be a full effort on your part to closely represent your actual prices for your customers requested services.
- Submitted Content. By submitting Content to QuoteFlare for use with The Website, or for any reason, you grant QuoteFlare a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. Without limiting any of those representations or warranties, QuoteFlare has the right (though not the obligation) to, in QuoteFlare’s sole discretion refuse or remove any content that, in QuoteFlare’s reasonable opinion, violates any QuoteFlare policy or is in any way harmful or objectionable, or terminate or deny access to and use of the Website to any individual or entity for any reason, in QuoteFlare’s sole discretion. QuoteFlare will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a paid account or any upgraded feature available through The Website you agree to pay QuoteFlare the monthly or annual subscription fees indicated for that service or membership plan. Payments will be charged on a pre-pay basis on the day you sign up for a paid account and will cover the use of that service or feature for a monthly or annual subscription period as indicated. Account fees are not refundable.
- Automatic Renewal.
Unless you notify QuoteFlare before the end of the applicable subscription period or trial period that you want to cancel or downgrade a service, your membership plan subscription will automatically renew or begin and you authorize us to collect the then-applicable annual or monthly subscription fee for such plan or service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Delinquent Accounts.
QuoteFlare may pause or limit service or access to an account when delinquent or not in good standing until such a time when that account has satisfied delinquencies and come in good standing.
QuoteFlare reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
- General Terms.
- Support. QuoteFlare provides priority access to service support for paid membership accounts and, when available, to free account holders. Support access includes when available, email, phone, and chat. Email support means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by QuoteFlare to respond within one business day) concerning the use of the VIP Services. “Priority” means that support for paid membership account customers takes priority over support for users of the standard, free QuoteFlare services.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which QuoteFlare links, and that link to QuoteFlare. QuoteFlare does not have any control over those websites and web pages, and is not responsible for their contents or their use. By linking to a website or web page, QuoteFlare does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. QuoteFlare disclaims any responsibility for any harm resulting from your use of websites and web pages.
- Copyright Infringement and DMCA Policy. As QuoteFlare asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by QuoteFlare violates your copyright, you are encouraged to notify QuoteFlare. QuoteFlare will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. QuoteFlare will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of QuoteFlare or others. In the case of such termination, QuoteFlare will have no obligation to provide a refund of any amounts previously paid to QuoteFlare.
- Intellectual Property. This Agreement does not transfer from QuoteFlare to you any QuoteFlare or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with QuoteFlare. QuoteFlare, QuoteFlare.com, the QuoteFlare logo, Quote Center, Quote Centers, and all other trademarks, service marks, graphics and logos used in connection with QuoteFlare, or the Website are trademarks or registered trademarks of QuoteFlare or QuoteFlare’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any QuoteFlare or third-party trademark outside of a QuoteFlare Quote Center or service.
- Restrictions. User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of The Website (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of The Website; (iii) rent, lease, or use The Website for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on The Website. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to The Website, and any copies or portions thereof. User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of The Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of The Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through The Website QuoteFlare reserves the right to bar any such activity. User shall not attempt to gain unauthorized access to any portion or feature of The Website, or any other systems or networks connected to The Website or to any QuoteFlare server, or to any of the services offered on or through The Website, by hacking, password "mining", or any other illegitimate means. User shall not probe, scan or test the vulnerability of The Website or any network connected to The Website, nor breach the security or authentication measures on The Website or any network connected to The Website. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of The Website or QuoteFlare's systems or networks, or any systems or networks connected to The Website or to QuoteFlare. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of The Website or any transaction being conducted on The Website, or with any other person's use of The Website. User shall not use The Website or any Content for any purpose that is unlawful or prohibited by this Agreement.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. QuoteFlare reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. QuoteFlare may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. QuoteFlare may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your QuoteFlare account (if you have one), you may simply discontinue using the Website. QuoteFlare can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. QuoteFlare and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither QuoteFlare nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will QuoteFlare, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to QuoteFlare under this agreement during the twelve (12) month period prior to the cause of action. QuoteFlare shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless QuoteFlare, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between QuoteFlare and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of QuoteFlare, or by the posting by QuoteFlare of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maricopa County, Arizona. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Mesa, Arizona, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; QuoteFlare may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.