Terms and Conditions - Clients
Effective Date: May 17th 2018
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.
- About the Website
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 by conducting flights over the user’s home and taking aerial images and/or videos of the electric meter/electric service panel and any shade obstructions. DQ then gathers the number of quotes for home solar installation or roofing and shares the user’s information with third party solar panel installers and or roofing installers. 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.
- Client Eligibility
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.
- Ownership of Website and License
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.
- Your Content
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.
- Client Registration; Performance; Payment, Refunds
- Posting a Job Request
Job requests must be of a professional nature and accurately describe the scope of work that Client requesting. They should be free of offensive language or advertisements for other products or services. Job requests may not request any good or service that is illegal or the provision of which would infringe upon any third party’s intellectual property or other rights.
- DQ Service Fee
Client understands and agrees that DQ charges a transaction-based fee for DQ’s services and technology provided through the Website and otherwise (“Service Fee”). The Service Fee is charged to any Contractor with which Client enters into a job agreement and is made due upon the commencement of work. Unless DQ states otherwise in writing, all Service Fees are final and nonrefundable.
- 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.
- Section 230 of Communications Decency Act
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.
- Third Party Links
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.
- Term and Termination
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.
- Disclaimer of Warranties
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.
- Limitation of Liability
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.
- Resolution of Disputes and Governing Law
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in California;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to the address provided in the Notice section below; with a copy via email to [email protected] Notice Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to: A copy of any such notice must be emailed to [email protected], but email notice alone shall not comply with the notice requirements of this Agreement.