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Terms
of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH QUOTEPROVIDER.COM,
OR ANY PRIVATE LABEL VERSION OF THE QUOTEPROVIDER SERVICE
OFFERS YOU ACCESS TO OUR SERVICES.
The services available at http://www.QuoteProvider.com (the
"Site") and private label versions of the Site
("Services") are owned and operated by AdvertEyes.com,
Inc., a Georgia corporation, doing business as QuoteProvider.com
("QuoteProvider"), and are provided to you ("You")
under the following terms and conditions (the "Agreement").
If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our Services. QuoteProvider
may amend this Agreement at any time by posting the amended
terms and conditions on the Site or private label versions
of the Site (together the "Sites"). This Agreement
may not be otherwise amended except in writing signed by
you and QuoteProvider.
1. SERVICES. QuoteProvider is a lead generation service
that matches requests from potential customers ("Buyers")
with individuals and entities that offer products or services
via the Services ("Businesses") that may be able
to meet Buyers needs. It should be noted, however, that
we may not always be able to match Your requests with Businesses.
QuoteProvider is not involved in the actual transaction
between Buyers and Businesses. Consequently, QuoteProvider
cannot ensure that a transaction will occur. Further, if
a transaction does occur, QuoteProvider has no control over
the quality, safety or legality of the item or service sold.
The Sites acts as the venue for You to submit requests to
Businesses listed in various categories who may respond
to Your requests. This service is free for Buyers to use
in submitting requests and reviewing responses. QuoteProvider
does not charge Buyers to use this service. All charges
associated with this service are incurred by the Businesses
that respond to requests.
2. CONDUCT. Please use common sense and practice safe trading
when using the Service. You agree to provide true, accurate,
current and complete information to QuoteProvider and Businesses
when using the Service. You may not allow anyone else to
use Your email address and You may not use anyone else's
email address while using the Service. You agree to notify
QuoteProvider immediately of any unauthorized use of your
email or any other breach of security. QuoteProvider will
not be liable for any loss or damage arising from your failure
to comply.
You agree to not use the Service:
a) for any purpose in violation of local, state, national,
or international laws;
b) to request the purchase of fire arms;
c) in a manner that infringes on the intellectual property
rights of others or on the privacy or publicity rights of
others;
d) to transmit, post or make available any information,
data, text, files, links, software, chat, communication,
or any other materials that are unlawful, harmful, threatening,
abusive, invasive of another's privacy, harassing, defamatory,
slanderous, vulgar, obscene, hateful, racist, embarrassing
or otherwise objectionable to any other person or entity
as determined by QuoteProvider Service in its sole discretion;
e) to transmit, post or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "Spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
f) to impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with a person
or entity.
g) to post improper responses;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer or telecommunications equipment;
j) to engage in any other conduct that inhibits any other
person from using or enjoying QuoteProvider and which negatively
affects the user experience.
You acknowledge that QuoteProvider screens Your requests
to Businesses and has the right (but not the obligation)
in our sole discretion to deny any request or remove any
content that is in violation of these terms and conditions.
3. PRIVACY. Solely to enable QuoteProvider to use the information
you supply us with ("Your Information"), so that
we and Businesses are not violating any rights you might
have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you
have in Your Information, in any media now known or not
currently known, with respect to Your Information. QuoteProvider
will only use Your Information in accordance with our Privacy
Policy and will require that Businesses who use Your information
use it in accordance with our Privacy Policy. For more information,
see our full Privacy Policy.
4. CONTENT. QuoteProvider reserves the right to post on
the Sites the text in the "Details" box and additional
product or service information entered by you in the request
form ("Content"); however, we will not post any
information you input in the fields calling for personally
identifiable information to Businesses, unless you specifically
provide your personal information and select that it can
be provided to Businesses. You hereby acknowledge that neither
QuoteProvider.com nor any of its service providers or partners
("Partners") has or shall have any liability for
how the Services are used, what Content is posted or accessed,
or what products or services are made available through
the Sites.
5. RELEASE. Because we are not involved in the actual transaction
between buyers and businesses, in the event that you have
a dispute, for any reason, You release QuoteProvider (and
our officers, directors, agents, and employees) from claims,
demands, and damages (actual or 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. If you are a California resident,
you waive California Civil Code §1542, which says:
"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."
6. QUOTEPROVIDER’S PROPRIETARY RIGHTS. You acknowledge
and agree that the Sites and Service and any necessary software
used in connection with the Sites or Service contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that content on the Sites or presented to you
through the Service is protected by copyrights, trademarks,
patents and other proprietary rights and laws. Except as
expressly authorized by QuoteProvider, you agree not to
modify, sell, distribute or create derivative works based
on the Sites, Service or software, in whole or part.
7. UPGRADES, SUPPORT AND NOTICES. From time to time, QuoteProvider
may (and has the right to) send You information and offers
about upgrades, documentation, special announcements and
other services offered by QuoteProvider. Notwithstanding
the foregoing, under no circumstances will QuoteProvider
or any of its Partners have any obligation to provide You
with upgrades, enhancements, modifications, or support for
the Services or Sites.
8. INDEMNITY. You agree to indemnify and hold QuoteProvider,
its parents, subsidiaries, affiliates, officers, employees
and Partners, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due
to or arising out of the following: Your use of the Services,
use of Your account by any third party, Your purchase or
use of products or services offered by the Businesses, the
violation of this Agreement by You, or the infringement
by You, or any third party using Your account, of any intellectual
property or other right of any person or entity.
9. WARRANTY DISCLAIMER. You use the Services at Your own
risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. NEITHER QUOTEPROVIDER NOR ANY OF ITS PARTNERS MAKES
ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS
ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer
of implied warranties, so the above limitations may not
apply to you.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL QUOTEPROVIDER
OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE
THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR
TO THE DATE THE CAUSE OF ACTION AROSE. This service is free
for Buyers to use in submitting requests and reviewing responses.
QuoteProvider does not charge Buyers to use this service.
All charges associated with this service are incurred by
the Businesses that respond to requests. Some states do
not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation and exclusions may not
apply to you. The failure of BuyerZone.com to exercise or
enforce any right or provision of the Terms of Service shall
not constitute a waiver of such right or provision. You
agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the QuoteProvider.com services or the Terms of Service
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
11. GENERAL. This agreement constitutes the entire agreements
between You and QuoteProvider. The rights and obligations
of the parties under this Agreement shall not be governed
by the 1980 U.N. Convention on Contracts for the International
Sale of Goods; rather such rights and obligations shall
be governed in all respects by the laws of the State of
Georgia without regard to its conflict of law provisions.
The Superior Court of Fulton County, Georgia will have exclusive
jurisdiction and venue over all controversies in connection
herewith, and each party hereby consents to such exclusive
and personal jurisdiction and venue. This Agreement is in
the English language only, which language shall be controlling
in all respects, and all versions hereof in any other language
shall not be binding on the parties hereto. All communications
and notices to be made or given pursuant to this Agreement
shall be in the English language. Les parties aux presentes
confirment leur volonte que cette convention de meme que
tous les documents y compris tout avis qui s'y rattache,
soient rediges en langue anglaise. The failure of either
party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to
be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and effect
and enforceable. This Agreement is not assignable, transferable
or sublicensable by You without QuoteProvider's prior written
consent. QuoteProvider may assign this Agreement in whole
or in part. No agency, partnership, joint venture, or employment
is created as a result of this Agreement and You do not
have any authority of any kind to bind QuoteProvider in
any respect whatsoever. Headings are for convenience only
and have no legal or contractual effect. All notices under
this Agreement shall be in writing and shall be deemed to
have been duly given when receipt is electronically confirmed,
if transmitted by facsimile or email or upon receipt, if
sent by certified or registered mail, return receipt requested.
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