DroneQuote.net
Effective Date: April 23rd, 2020
This website and its associated services, resources, and content (collectively “Website”) is owned and operated by Altitude Imagery, LLC, doing business as DroneQuote (“DQ”). This Client Terms of Use Agreement (“Agreement”) is between DQ and you (“Client”) as a user of the Website, whether or not you actually accept any proposals or buy any goods or services from any other users of the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. DQ MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT DQ MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
DQ provides an interactive platform that serves as an online marketplace for connecting skilled, insured, and licensed contractors installing solar and roofing services, with users who wish to purchase goods and services. On and through the Website, you may either select installers that meet your criterium objective to install roofing or photovoltaic solar or water heating solar. Contractors may post information about their skill and submits bids through the Website. Once a bid or proposal is accepted, you and a contractor can readily communicate with each other to form an agreement and decide the specific details for the scope of work. Further, DQ provides quotes for home solar and or roofing installation. Specifically, if expressly requested by a user of the Website, DQ will gather electricity usage information for a user’s home, site images submitted by the homeowner, and other relevant information in order to compose quotes for solar or roofing. The third party solar installers will then provide the user with accurate quotes for solar installation. DQ does not involve itself in nor shall DQ be a party to any agreement between you and solar panel installers and or roofing installers. DQ does not sponsor, endorse, or recommend one solar panel installer and or roofing installers over another. The choice of solar panel installer and or roofing installer is yours alone and you are solely responsible for assessing any solar panel installers and or roofing installers. DQ does require that every active Pilot on the Website show proof of (1) active insurance (including naming DQ as additional insured), (2) obtaining FAA Section 333 exemption or Remote Pilot Certification, and (3) valid government issued identification, upon request.
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any pre-existing Agreement. You warrant and represent that any and all information that you provide to DQ and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement. You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and DQ makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Excluding your content, you acknowledge and agree that DQ is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of DQ. DQ hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. If you download software from the Website, the software, including all files and images contained in or generated by the Software, and accompanying data are deemed to be licensed to you by DQ, for your personal, non-commercial use only. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from DQ, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to DQ.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all DQ marks are the property of DQ, including, but not limited to ALTITUDE IMAGERY, DQ, DRONEQUOTE, and all DQ logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of DQ and DroneQuote. You are prohibited from using DQ’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of DQ.
You retain full ownership rights to any content you post, upload and/or submit to the Website, including, but not limited to, images, videos, and text. You understand that DQ does not guarantee the confidentiality of any content submitted to the Website and other users may view such content. By submitting content to the Website, you hereby grant DQ and its affiliates, officers, directors, employee, consultants, agents, representatives, and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, and transferable license to use, reproduce, transmit, publicly display, distribute, edit, and make available for any purpose regardless of the form or medium. Specifically, DQ may display your content in any order or orientation on the Website. You understand and agrees that the above license granted to DQ terminates within a commercially reasonable time after your content is removed or deleted from the Website. Also, your understand and agrees that DQ may (but is not obligated to) keep archives of your content for the purpose of maintaining business records of DQ and preserving evidence of its Website activity.Further, you agree that the content submitted to the Website will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the content and to grant DQ all of the license rights granted herein.
In order to access and use the services provided by the Website, you must register an account and create a user profile. To register an account and create a user profile, you agree to complete the required information. Upon registration, you agree to review DQ’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. DQ does not endorse you or discriminate based upon any information provided by you or made available for population of your user profile. You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through you’re a\account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. DQ reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. DQ may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement. If you cancel your account or stop using DQ’s products or services, DQ is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. DQ is under no obligation to provide you with the data associated with your account and/or user profile(s) after cancelation of your account, except as otherwise provided in the Privacy Policy. DQ recommends that you maintain your own backup of account and user profile data. You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated user profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact DQ immediately. You agree to hold harmless and indemnify DQ for any damages that arise out of or in relationship to the use of your account. By creating an account and/or providing your email address, you agree that DQ, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
Prohibited Uses You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are prohibited from, without limitation: Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website; Suggesting an affiliation with or endorsement by DQ; Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18; Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices; Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; Circumventing DQ’s technological or security protection mechanisms; Using a script, robot, spider, scraper, or other automated technology to access the Website; Attempting to gain access to the private data or personal information of a user of the Website or a third party; Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties; Harassing and/or stalking a third party through your use of the Website; Impersonating another or creating multiple alias accounts; Using the Website in furtherance of any unlawful sexual solicitation; Posting or transmitting content that threatens or encourages bodily harm or the destruction of property; Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties; Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful; Posting or transmitting content that incites any illegal activity; Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter or; Posting or transmitting content that violates any term or condition of this Agreement. Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the Website.
You acknowledge and agree that DQ is an interactive computer service provider under Section 230 of the Communications Decency Act. Though DQ may edit, remove, or control the content displayed through the Website, you agree that DQ will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
You understand that the Website may contain links to third party websites, applications, or services that DQ does not own or control. You agree that DQ will not be held responsible or liable for the content of third party websites, applications, or services and that DQ’s inclusion of those websites, applications, or services within its Website does not constitute DQ’s endorsement of or recommendation of any of those websites, applications, or services.
This Agreement will remain in full force and effect so long as the Website is in operation. DQ may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Any breach of your payment obligations or unauthorized use of the Website, content, or services will be deemed a material breach of this Agreement. You agree and acknowledge that DQ has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach.
DQ DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE. DQ PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY. DQ WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. DQ IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. DQ RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. DQ WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
DQ WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT DQ CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO DQ, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. FURTHER, DQ WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend DQ, its officers, employees, agents, successors, referral partners, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend DQ under the terms of this Agreement will not provide you with the right to control DQs defense, and DQ reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify DQ.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. DQ may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against DQ or the Website will be exclusively resolved through arbitration. YOU AND DQ AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM DQ, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND DQ AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF CALIFORNIA. YOU AND DQ AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING. ARBITRATION PURSUANT TO THIS AGREEMENT SHALL INVOLVE CLIENT AND DQ ONLY IN THEIR INDIVIDUAL CAPACITIES, SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS, AND SHALL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF REPRESENTATIVE ACTION. CLIENT AGREES NOT TO PARTICIPATE IN ANY ARBITRATION RELATED TO OR ARISING FROM THIS AGREEMENT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Severability If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect. Integration DQ hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind DQ. No Waiver You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. Child Online Privacy Protection Act The Website is not directed to persons under the age of eighteen (18) and DQ will not knowingly collect personally identifiable information from children under the age of eighteen (18). If DQ inadvertently collects such personally identifiable information, DQ will delete the personally identifiable information in accordance with its security protocols. Limitation On Actions DQ AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF. Reservation of Rights All rights not expressly granted herein are reserved to DQ. Privacy Policy DQ hereby incorporates its Privacy Policy to these Terms of Use. Copyright Policy DQ’s Website and its associated content and services are © 2018 Altitude Imagery, LLC. DQ respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of DQ as owner or authorized licensee and are protected by copyright and other intellectual property laws. By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information. If you believe that a user of DQ’s Website has infringed upon your copyright rights, please provide DQ with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once DQ receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. DQ will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to DQ with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights. The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following: