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Welcome to eServiceQuote.com (eServiceQuote). eServiceQuote helps Service Seekers and Service Providers (collectively Customers) connect for the acquisition of services by the Service Seeker.
The eServiceQuote site available at www.eServiceQuote.com and all various content, features, and services (Site and Services) offered on and in connection with the site are owned and operated by eServiceQuote and can only be accessed and used by you under the Terms of Use described below.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITE OR SERVICES PROVIDED THEREON, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITE AND SERVICES.
eServiceQuote may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Site and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Site and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
Subject to full compliance with these Terms of Use, eServiceQuote grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of eServiceQuote. eServiceQuote may modify, update, suspend or discontinue the Site and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. eServiceQuote shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
By using the Site and Services, you attest that you are at least 18 years of age and that you have all permissions and rights necessary to use the Site and Services.
Certain fees payable to eServiceQuote may be charged for participation in certain activities including for Service Providers receiving the right to bid on service requests posted by Service Seekers. Certain fees may be one-time in nature, while other fees may be periodic, subscription-based fees.
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
By posting Content to the Site and Services, you agree that such Content is accurate to the best of your knowledge and that no information contained in that Content is intentionally falsified. eServiceQuote cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site and Services. You acknowledge that eServiceQuote simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated Content. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that eServiceQuote does not control, and is not responsible for Content or Service Provider Content made available through the Site and Services, and that by using the Site and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that eServiceQuote has no obligation to screen, preview, monitor or approve any user-generated Content on the Site and Services. However, eServiceQuote reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Site and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Site and Services. Under no circumstances will eServiceQuote be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Site and Services. You waive the right to bring or assert any claim against eServiceQuote relating to Content, and release eServiceQuote from any and all liability for or relating to any Content. eServiceQuote has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to PleaseReview@eservicequote.com. Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
eServiceQuote does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. eServiceQuote makes no representations regarding Service Providers identified by the Site and Services including representations regarding safety and qualifications of such individuals. eServiceQuote provides no vetting or background checks of such identified Service Providers. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, eServiceQuote is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Service Provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve eServiceQuote. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
You agree that eServiceQuote is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against eServiceQuote relating to any interactions or dealings with any Service Provider, and release eServiceQuote from any and all liability for or relating to any interactions or dealings with Service Providers.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Site and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that eServiceQuote shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the eServiceQuote Site and Services.
By bidding on a service request, Service Providers agree that they have the skills, qualifications, and licensing to perform such work. Failures to perform such work adequately are solely the responsibility of the Service Provider. eServiceQuote has no participation in contracting between the parties for provisioning of services. eServiceQuote bears no responsibility for collection or payment of any payments, taxes, fees or other moneys associated with interactions between Service Seekers and Service Providers. Both Service Seekers and Service Providers waive all claims against eServiceQuote by utilizing the Site and Services.
eServiceQuote may terminate your privilege to use or access the Site and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not access or make use of, or attempt to use, the Site and Services.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
eServiceQuote, and other Site and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of eServiceQuote in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Site and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Site and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of eServiceQuote and/or its licensors and are protected by all United States and international copyright laws.
eServiceQuote accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. eServiceQuote will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
eServiceQuote has a zero stance policy on SPAM, Junk E-mail or UCE and you agree not to participate in any such activities in connection with your interactions with the Site and Services. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of eServiceQuote whether or not the message actually originated from our network.
YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER eServiceQuote NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF eServiceQuote, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE AND SERVICES. IN NO EVENT WILL eServiceQuote OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL eServiceQuote OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eServiceQuote OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, eServiceQuote DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. eServiceQuote’s LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
eServiceQuote SHALL ATTEMPT TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND eServiceQuote HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT eServiceQuote, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF eServiceQuote HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITE AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITE AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY eServiceQuote OR THE FAILURE OF eServiceQuote TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT eServiceQuote, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that you shall defend, indemnify, save and hold eServiceQuote harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against eServiceQuote, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agrees to defend, indemnify and hold harmless eServiceQuote against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with eServiceQuote service, any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which you sold on eServiceQuote’s service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.