FREE QUOTES, NO SPAM,
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through the Site, the information may be sent to servers located in the United States and other countries around the world.
A cookie is a small text file that is
stored on a user's computer for record keeping purposes. Cookies can be
either session cookies or persistent cookies. A session cookie expires
when you close your browser and is used to make it easier for you to
navigate the Site. A persistent cookie remains on your hard drive for an
extended period of time. You may
delete or decline cookies by changing your browser settings. (Click
"Help" in the toolbar of most browsers for instructions.) If
you do so, some of the features and services of the Site may not function
- Web beacons (also known as clear
gifs, pixel tags or web bugs) are tiny graphics with a unique identifier,
similar in function to cookies, and are used to track the online
movements of web users or to access cookies. Unlike cookies which are stored
on the user's computer hard drive, web beacons are embedded invisibly on
the web pages (or in email) and are about the size of the period at the
end of this sentence. Web beacons
may be used to deliver or communicate with cookies, to count users who
have visited certain pages and to understand usage patterns. We also may
receive an anonymous identification number if you come to our site from
an online advertisement displayed on a third-party website.
How we use the information we collect
In General. We may use information that we collect about you to:
- deliver the instant quotes, products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others
- communicate with you by social media, e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you by us or other third parties;
- communicate with you with regard to partially completed quotes or service requests;
- develop and display content and advertising tailored to your interests on the Site and other sites;
- verify your eligibility and deliver prizes in connection with any contests and sweepstakes;
- perform background screening, which may include the use of third parties, on service professionals
- enforce our terms and conditions;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and financial information. For service professionals, we may use financial information or payment method to process payment for any purchases made on the Site, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify service professionals to participate in our network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on the Site.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on the Site.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting the Site, functionality, and supporting contests, sweepstakes, surveys and other features offered through the Site or performing background checks of Service professionals. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Business partners: When you make purchases, reservations or engage in promotions offered through the Site or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of service professionals. When you submit a service request through the Site, you consent to our providing your personal information and request to the service professionals we match with your request. Sharing this information with service professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own service professionals to supplement our network, and we share your information with them, subject to contractual confidentiality restrictions, in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, QMC may share your service request activity information with such partners. We may also release information to collection and/or credit agencies for past due accounts.
- Direct mail partners. From time to time we may share our postal mailing list with our affiliates and selected providers of goods and services that may be of interest to you. If you prefer not to have us share your postal mailing information with these affiliates and selected providers, you can notify us at any time by emailing us at email@example.com.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Site terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Site and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Site and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising. For service professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us.
Your choices about collection and use of your information
- You can choose not to provide us with certain information, but that may result in you being unable to use certain features of the Site because such information may be required in order for you to register as a member of our contractor network; to request an instant quote; to use our services; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on the Site.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at firstname.lastname@example.org.
- When denial of access is required by law;
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. We use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using the Site to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
Blogs, bulletin boards, reviews and chat rooms
The Site is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting the Site from outside the United States
No Rights of Third Parties
How to contact us
21750 Red Rum Drive
Ashburn, VA 20147
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights:
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is customer email@example.com.
The QuoteMyContractor.com website (the “Site”) is offered to you by QuoteMyContractor, Inc. (“QMC”) and is conditioned on your acceptance of the following terms, conditions, and notices contained in this agreement (the "Terms"). Your use of the Site or submission of service quotes and requests constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms, you may contact us at firstname.lastname@example.org or through http://www.quotemycontractor.com. We may amend these Terms at any time by posting a revised version of these Terms on the Site. These Terms were last updated on 08/16/2012.
- REGISTRATION. You may be asked to register to use the Site. Upon your registration, you will be asked to provide your name, contact information, and select a password to access the Site and QMC services.
- QMC SERVICES. Upon entering your information and the request for which you would like a service quote, we will provide you with an instant quote from one or more service professionals in your area, who may be interested in fulfilling your service need. We do not guarantee that we will be able to provide you an instant quote or that we have service professionals on our Site in your area that are either capable or willing to complete your service needs. In addition, even though we review the credentials of our listed service professionals, we make no guarantees or representations regarding the services provided or the skills of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services.
- USE OF THE QMC SITE AND SERVICES. You acknowledge and agree that your use of the Site and QMC services is for your personal use and not for advertising purposes. You may not use the QMC Site or services to recreate or compete with the QMC Site or services, to solicit or harass QMC service professionals, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the QMC Site, including but not limited to service professional profiles, ratings, reviews, comments, and other information (including any ratings, reviews, comments, or information posted by you), is the sole and exclusive property of QMC, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to QMC for any such damages, and will indemnify QMC in the event of any third party claims against QMC based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Site or any QMC services at any time. All service professional information is confidential and for your personal use only. If it is determined or suspected by QMC in its sole discretion that you are misusing or attempting to misuse or circumvent the Site, any QMC services, or our system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, QMC reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO QMC AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND FALSE REQUESTS. IN ADDITION, SUCH FALSE INFORMATION COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST FOR AN INSTANT SERVICE QUOTE OR SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR FICTICIOUS NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO QMC AND EACH QMC SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS. SUCH LIABILITY SHALL BE CALCULATED AS THE GREATER OF: (1) A MINIMUM AMOUNT OF $15,000 TO EACH OF QMC AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSES RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- CONTENT AND INFORMATION ON THE SITE. QMC provides certain content and information (“Content”) on the Site. This Content may include articles, FAQs, informational items, datasheets, press releases, and related information. Such Content is provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Content. You understand and agree that the Content is not provided as advice or instructions and that such Content is not a substitute for the advice of a professional.
You are also granted a limited and non-exclusive license to use the Content on the Site provided: (1) your use of such Content is for your informational and non-commercial or personal use only and will not be copied, posted, or broadcast in any media, and (2) you make no modifications of any Content. Use of the Content for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Content does not include and you are not permitted to use the design, layout, or graphics of the Site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site including the QMC trademark may be copied or retransmitted unless expressly permitted by QMC.
QMC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT AND RELATED GRAPHICS PUBLISHED ON THE SITE FOR ANY PURPOSE. QMC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QMC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE, SERVICES, OR CONTENT AT ANY TIME.
- LINKS TO THIRD PARTY SITES. The links on the Site may redirect you to websites not owned or under the control of QMC and QMC is not responsible for the content or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. QMC is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by QMC of such site.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. QMC uses one or more of the following criteria as part of its service professional registration enrollment process:
Licensing - QMC may confirm at the time of a service professionals registration, that the prospective new service professional member has all applicable required trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, QMC relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks and that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
State Business Filings - For service professionals that are corporations or limited liability companies, we may confirm that the service professional is in good standing in the state in which it is located.
Criminal Records Search - QMC may use 3rd party data sources to conduct a criminal search for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such service professional's registration with QMC.
Sex Offender Search – QMC may research and review, in the state in which the owner/principal of the company is located, check the state's official sex offender website, to confirm that there is not a match based solely on the name of the owner/principal of the company. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.
Identity Verification (Social Security Number) - QMC may verify the social security number(s) of the service professional's owner/principal for identity check purposes. This check applies primarily to smaller business entities.
Legal Search for Civil Judgments - We may use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and for bankruptcy filings by or against the principal / owner, both within the three years prior to such service professional's registration with QMC.
NOTE: QMC performs screening solely at the time the service professional applies for membership in the QMC network, and therefore a service professional's information may change or expire over time. QMC cannot and does not warrant or represent that profile and screening information is up to date. QMC is under no obligation to update a service professional's screening information, although they may verify and notify service professionals of expiring licenses and outdated information. Therefore, we recommend that before working with a service professional you verify that information presented in the service professional's profile, including any applicable state-level license is still accurate, current and/or acceptable to you.
Service Professionals Profiles: QMC allows service professionals to post profiles about themselves and their business on the Site. QMC does not review or verify the information or representations set forth in those profiles, unless expressly set forth herein these Terms. QMC therefore makes no representations or warranties regarding any of the information posted by any service professional, and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of QMC. QMC believes that it uses commercially reasonable efforts to screen these service professionals and does not make any representations or warranties that these services professionals are appropriately licensed or free of significant state-level civil legal judgments, during the period they are members, or thereafter. As circumstances can change periodically, QMC advises consumers to check these matters for themselves. QMC does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that QMC checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: QMC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- POSTING RATINGS, REVIEWS, & COMMENTS.
QMC reserves the right, but not the obligation, to refuse to post or to remove any ratings, reviews, of comments on the Site if QMC determines (in its sole discretion) that it contains or features any of the following:
a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
b. References to illegal activity.
c. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
d. Language that violates the standards of good taste or the standards of this Site.
e. Comments concerning a different Service Professional.
f. Information not related to work requested.
g. Statements that are or appear to be false.
h. Comments that disparage QMC.
QMC may discuss and/or contact any service professional about any ratings, reviews, and comments related to a work request. If a dispute arises between a consumer and service professional, the rating, review, or comments submitted may be held in pending status until resolution is reached.
All ratings, reviews, and comments of a service professional displayed on the Site reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of QMC. QMC disclaims any and all representations or warranties with regard to the ratings, reviews, or comments. Further, such ratings, reviews, or comments do not reflect the views of QMC; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. QMC does not assume responsibility or liability for any ratings, reviews, or comments or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY QMC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SITE OR ANY QMC SERVICES OR YOUR VIOLATION OF THESE TERMS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- GENERAL PROVISIONS. You acknowledge and agree that the Site and any and all QMC services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and QMC's sole obligation to you or any third party for any claim arising out of your use of the Site or any QMC services, is that you are free to discontinue your use of the Site or any QMC services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, QMC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT QMC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF QMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. These Terms will inure to the benefit of QMC's successors, assigns and licensees.
- If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of QMC to exercise or enforce any right or provision of the Terms 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 Site, the QMC services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are governed by the laws of the State of Virginia. Further, You agree to submit to jurisdiction in Virginia and that any claim arising out of or related to your use of the Site, the QMC services, or these Terms will be brought solely in a court in Loudoun County, Virginia. These Terms constitute the entire agreement between you and QMC and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms may not be modified or amended other than by an agreement signed by both parties.
QMC may inform you of certain offers or discounts provided by a service professional in your area. Such offers or discounts are made solely by the service professional, and QMC does not guarantee or warrant the pricing or discounts that a service professional may offer you.
Further, any quotes provided by the Site are based upon rates and parts costs provided by service professionals. The instant quotes are provided by the Site are not contractually binding offers and are for informational purposes only. No contractual arrangement is created based upon the quotes provided to you through the Site. The information is to provide you with a cost estimate from one or more service professionals. To contract with a service professional, you must work directly with the service professional. QMC does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of QMC, nor is QMC an agent of the service professionals. QMC does not perform, and is not responsible for, any of the services requested by you in your service request.
Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE QMC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
- What We Agree.
a. QMC receives requests from its customers ("customers") for instant quotes and for certain services. QMC uses information you and other Service Providers provided during registration to assist in preparing such instant quotes. Through our customer interaction we may send you a communication about such customer's expressed service request need (a "Lead") along with any instant quote information. We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Service Providers registration process. You may amend your profile information from time to time. We may also provide customer reviews and ratings. QMC reserves the right to send Leads to other Service Providers based on the category of services the customer has requested. However, such Leads may be provided on an exclusive basis at the discretion of QMC.
b. We limit the number of Service Providers that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. QMC is free to contract with other Service Providers as this is not an exclusive contract.
c. We may provide customers with the ability to rate their experience working with you via customer reviews and ratings.
d. QMC may endeavor to generate Leads for Service Providers, based upon the profile information supplied by Service Provider including location and services provided.
e. QMC may also allow Service Providers to create an online profile page. If such feature is provided, the Service Provider is solely responsible for all content provided by Service Provider that appears on Service Provider's online profile page. Customers may be able to send in a service request on such profile page and any such service request shall also be considered a Lead.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, as follows:
a. You are qualified and capable of performing the services, trade, or tasks you selected during your registration process and any subsequent amendments you make to your Provider Service profile.
b. As a Service Provider, you are, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations, and further, that you have not been turned down for insurance coverage related to your professional services that you are offering provision of services. You must provide copies or documentation of all insurance coverage if requested by us and will notify us promptly of any such changes to your licensing, bonding or insured status. Further, if you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c. You also hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company: (i) are free from any bankruptcies, civil legal judgments within the last 3 years; (ii) are free from any felony criminal convictions; and (iii) have provided QMC with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with QMC or the Site you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify QMC. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with services you have provided to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize QMC to verify that the above representations are truthful and accurate at any time while this Agreement remains in effect.
d. You agree that You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and a customers. However we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to any guarantees we have provided (provided a copy of such guarantee is posted on the Site), or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
e. The Site and QMC use rates and other information provided by you in combination with their proprietary instant quote system to provide instant quotes to customers. Such quotes are provided for informational purposes only. In the event a consumer selects to connect with you through the Site or QMC in response to a quote using your information (or schedules an appointment), such connection is merely an indication of the customer’s interest in contacting or being contacted by you.
f. If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on the Site or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You also authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to the Site, for use and posting on the Site and for use in marketing materials to be presented to and that you shall not be entitled to any payments associated with our use of the foregoing. QMC reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Site. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to the Site, and you represent that your uploading for display of any such content, and the use by QMC of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. Only if expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of QMC as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of QMC or any trademarks or domain names confusingly similar to QMC.
g. You acknowledge and agree that all of the content and information posted on the Site, including but not limited to your profile, registration information, and any customer ratings and reviews for all QMC Service Provider members (excluding any logos or trademarked materials, or other intellectual property of Service Providers provided by Service Providers), is the sole and exclusive property of QMC. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any customer ratings and reviews (including those relating to you and your business), or any other content posted on the Site, other than content provided directly by you. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to QMC for any such damages, and will indemnify QMC in the event of any third party claims against QMC based on or arising from your violation of the foregoing. You acknowledge and agree that QMC has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such customer ratings and reviews on the Site. QMC is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Site.
h. You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices through the Site, with or through QMC, or with any customer or other third party, including, but not limited to, (i) incorporating any fee in a customer's bill for any fees paid to QMC, (ii) charging QMC customers any more than your other customers, or (iii) disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A QMC LEAD (OR THE INFORMATION CONTAINED THERIN), IS A SERIOUS BREACH OF THIS AGREEMENT AND A FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS. SUCH ACTIVITY CARIES SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO QMC AND OTHER SERVICE PROVIDERS AND QMC PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF QMC. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL, STATE, AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL, STATE, AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO QMC AN ANY QMC PARTNERS, AS SET FORTH IN THIS AGREEMENT, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
i. You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions in this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Leads provided by QMC to any other party, including any other QMC Service Providers.
j. Manager Accounts (if applicable): If you elect, and are eligible, to become a Manager Account, and you both meet the QMC requirements and are approved by QMC, you may assign a Lead (that you do not personally take and contact) to a single designated employee or agent such as a sub-contractor or agent working under your direct supervision (a "Sub-Account Agent"), which Sub-Account Agent must be registered and approved as a Service Provider in our system prior to being eligible to receive any Leads. You may assign a Lead to only one Sub-Account Agent, such that only one of your Sub-Account Agents (and not you, except for the sole purpose of introducing the Sub-Account Agent to the customer) will ever contact the customer relating to such Lead. You, as Manager, are not allowed to contact a Lead and then transfer the Lead to a Sub-Account Agent, or transfer the Lead to a Sub-Account Agent and then separately contact the Lead (for example to re-pitch, retrieve or try to salvage the customer). Any Sub-Account agent that receives a Lead from a Manager Account may not transfer, sell, share or distribute such Lead in any way to any other parties whatsoever, including but not limited to office-mates or any other Sub-Account agents working with or for the same or other Manager Accounts, or back to the Manager Account (and you, as Manager, agree to insure that Sub-Account Agents comply with this restriction). You hereby acknowledge and agree that you are liable for all of the actions, and failures to act, of your Sub-Account Agents, including any misuse by your Sub-Account Agents of a Lead (i.e. sale, unauthorized transfer, exchange, disclosure of confidential user information to a third party), and any breach of this Agreement by your Sub-Account Agents shall entitle us, in addition to our right to terminate this Agreement and any of your Sub-Agent Accounts, to seek damages (including without limitation any attorney's fees, court costs, expenses, and interest) from you, including but not limited to injunctive relief and any damages incurred due to any breach of a customer's privacy. In addition, your indemnification obligations under this Agreement apply to the acts, or failures to act, of your Sub-Account Agents, as if such acts, or failures to act, had been committed by you.
k. In addition to all of the other terms and conditions herein, Service Providers using QMC's services (not available in Canada) also agree to the following: (i) Service Provider hereby represents and warrants that the information provided by Service Provider in their profile is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) Service Provider hereby agrees that it hereby has automatically pre-accepted any Leads provided to it by QMC; (iii) Service Provider hereby agrees to pay for any and all Leads, in accordance with the then current QMC fee schedule; (iv) QMC may provide Service Provider's phone number to any customer requesting to be connected to the Service Provider; (v) Service Provider acknowledges and agrees that not all consumers calling the Service Provider will be directed to Service Provider for reasons including, but not limited to the consumer's request not matching the Service Provider's profile, Service Provider's account being on hold or no longer being a member of the QMC network, or the Service Provider not having any available funds in their account. In such event, QMC may direct consumers to any other Service Provider; (vi) Service Provider hereby authorizes QMC to take any and all actions necessary to generate click-throughs which might generate Leads for the Service Provider including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of Service Provider to such third parties, and (vii) Service Provider authorizes QMC to use, copy, reproduce, and sublicense Service Provider's contact information, Service Provider's profile, and any content on or within the Service Provider's profile including any information on your profile page in furtherance of the foregoing.
a. You agree to be bound by the then applicable fees or pricing plan (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing Service Providers). You will pay QMC applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) QMC Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; and (vi) any other applicable fees such as site development, hosting or e-mail account fees as applicable. You agree that payment will be made by QMC initiating an ACH transfer or processing your credit card each Friday for the previous week’s activity. You may view a statement of your monthly lead activity on your QMC account on the Site.
b. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Provider's account will be issued as Site credits, which will be applied toward future charges to your account.
c. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your QMC profile are kept up-to-date and accurate. QMC is not responsible, or liable, for undelivered customer notifications.
d. QMC reserves the right, at its sole discretion, to provide periodic discounts and incentive programs to you and/or other Service Providers.
e. QMC will process your balance due at the end of your billing period via your selected payment method. 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. In addition, any returned payments will incur a $25 fee per transaction. Any past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
f. All Lead Fees constitute advertising fees paid by you to QMC and are in no way, referral commissions based upon your successful completion of services.
g. No fee is due or payable to the extent such fee is in violation of any applicable law.
h. QMC is not obligated to refund to you any amounts of prepaid Fees for which services have not been rendered to you by QMC.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
a. Indemnification. You shall fully protect, indemnify and defend QMC and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the Site, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF QMC OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY QMC OR THE INDEMNIFIED PARTIES.
b. Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF QMC TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO QMC DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL QMC SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND QMC DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Other Terms.
a. This Agreement, and the QMC Fees, may be changed from time to time and you agree to be bound by any changes that are posted on the Site or which are otherwise communicated to you; the current applicable Agreement and QMC Fees are available upon request.
b. You may terminate this Agreement upon our receipt of your written notice of termination and such termination is to be effective upon the later of thirty days (30) or the close of business on the last day of the month in which you properly delivered and we received such written termination. You shall be obligated to pay for any Leads or services delivered to you through the end of the termination period.
c. QMC, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your account on the Site or in the QMC network immediately at any time for any reason or no reason at all.
d. If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I (c) ; II; III (e), (g) and (h); IV; V (b), (d), (e), (f), (g), (h) and (i), and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires you shall have no further right to access the Site or the QMC services in any manner.
e. If it is determined or suspected by QMC in its sole discretion that you are misusing or attempting to misuse or circumvent the Site, the QMC system, QMC services, any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by QMC, in addition to our right to immediately terminate this Agreement, QMC reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f. In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the Commonwealth of Virginia shall govern this Agreement. You hereby consent and agree that the state or federal courts in Loudoun County Virginia are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the Commonwealth of Virginia, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h. The relationship between QMC and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
You will purchase the rights to receive Leads in a given territory, zip code or collection of zip codes. The rights to receive such Leads may be exclusive or non-exclusive as solely determined by QMC. The minimum price for each territory or zip code shall be as indicated below. You and other Service Providers will be able to bid over the minimum amount on winning the rights to a territory with the top bids winning the territory for the time period bid upon (typically a month).
You determine the number of territories and the amount you are willing to spend on each territory to obtain the rights to such territory. If you are not the top bidder you may not receive Leads for that territory and will not be charged for that territory. You agree to, and are obligated to, pay the amount bid on any territory for which you win.
The Leads are intended to contain the information provided by the customer regarding their instant quote, their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that QMC does not guarantee that we will deliver a determined number of Leads, nor will we be liable to you for any shortfall. You agree to pay for all territories as properly specified by you in your QMC profile.
Territory / Zip Code Minimum: $20.00 per month, unless otherwise specified.