Agreement to Terms
Important: These Terms contain a binding arbitration agreement and a class action waiver. These provisions require you to arbitrate any disputes or claims you have with us on an individual basis. You will not be able to participate in a class action or multi-arbitration. You have the right to opt out of this requirement. See theArbitration section below for details.
Please review the following Terms of Use (the "Terms"), which govern your use of SmartQuotePros.com (the "Site"). Smart Quote Pros, its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, members, owners, employees, agents, and representatives are expressly included in any reference to the "Site," "Us," "Our," and/or "We" herein.
By using the Site, you agree to follow and be bound by these Terms of Use. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms each time you use the Site. If you do not agree to these Terms, please do not use the Site. If you continue to use the Site or our Service after we make changes, you accept the updated Terms. Check the "Last Updated" date at the top of each document to see when the Terms were last changed.
These Terms are a binding agreement between you and us.
Privacy Policy
We explain the personal information we collect, how we use it, and your rights in ourPrivacy Policy. By using the Site, you confirm you have read, understand and agree to our Privacy Policy.
Site Modification or Suspension
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
License and Access
Subject to your compliance with these Terms of Use, Smart Quote Pros grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services provided thereon. This license does not include any resale or commercial use of any Site's content, any downloading or copying of registration information for the benefit of another merchant, any derivative use of this Site or its content, or any use of robots, data mining, or similar data gathering and extraction tools.
The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smart Quote Pros. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images of page layout, or form) of Smart Quote Pros and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing the Smart Quote Pros name or trademarks without the express written consent of Smart Quote Pros. All rights not expressly granted to you in these Terms of Use are reserved and retained by Smart Quote Pros, its affiliates, licensors, publishers, rights holders or other content providers. Any unauthorized use of the Site or services provided terminates the permission or license to access and use the site.
Our Service Description
Our platform facilitates connections between users seeking home services ("Users") and potential home service providers, home service networks ("Home Service Partners"), or third-party service providers ("Service Providers"). Our platform offers an online application process in which Users can submit their personal information for consideration for home service quotes ("Service").
Compensation and Transparency
Our Service is free of charge to you. However, we receive financial compensation from Partners, Service Providers, and other marketers in exchange for connecting you with them, sharing your information with them, and/or marketing their products and services to you. This compensation allows us to offer our Services at no cost to you and supports our business operations.
Please note that the compensation we receive may influence which home service providers or services you are connected with, and the visibility of ads. You are more likely to be connected with the highest bidder(s) or see ads for those who offer the highest compensation.
How Service Works
To use our Service, you must complete a questionnaire about certain personal and vehicle details on our Site ("Request Form"). You agree to provide only true, accurate, and complete information and that you will not misrepresent your identity, impersonate any third party, or enter information on behalf of any third party. We are not responsible for verifying the accuracy of the information you provide.
Once you submit your Request Form, we will share your information with one or more home service Partners, Service Providers, and other marketers. Service Partners may review your information to assess whether to respond to your inquiry by providing a quote. This may include verifying your information and potentially reviewing the information you provided on the site.
By submitting a Request Form, you authorize Partners to obtain, review, and verify your information to determine whether to respond to your inquiry. If a home service provider expresses interest in your request, we will connect you with such a home service provider by either providing them your contact information you provided via the form, opening a new web page, or redirecting you to the home service provider's site.
At this point, our involvement in the home services inquiry ends, and your interactions with the home service provider are governed solely by the agreements, terms, and policies of that home service provider. It is your responsibility to review them before entering into any agreement for coverage. If no home service providers are found for your request, we may present you with marketing for other products and services offered by third-party Service Providers. You are under no obligation to accept or respond to any offers or service solicitations.
Service Disclaimer
Not a Home Service Provider
We are not a home services company, contractor, or representative of any such entity. We neither offer nor solicit to sell home services directly. Our Site operates as an independent platform, with the primary purpose of connecting you to home service providers who may offer coverage.
Important Note
Home service providers participating in our program offer various types of home services, but not all home service providers offer every type of service. We cannot guarantee that any home service provider will offer you services or approve your request. Servicing depends on the home service provider's criteria, including your project type, location, and other relevant factors.
We do not make any representations or guarantees about the terms, rates, or conditions of services offered by home service providers you may connect with through our Site. Rates and terms vary by home service provider and are outside of our control. We do not validate or investigate the licensing, certification, or other requirements of any home service providers. You acknowledge that it is your responsibility to investigate any home service provider before engaging with them.
Service Availability
Our service is not available in all states. Not all home service providers within our network operate in all U.S. states. Residents of some states may not be eligible for certain services, or the availability of services in that area due to state-specific regulations.
Key Points to Consider
- Carefully examine all terms and conditions of any home services offer.
- Compare multiple options before making a decision.
- Consult licensed professionals for personalized advice tailored to your situation.
- The information we provide is intended for general knowledge and isn't a replacement for professional advice.
- We don't take responsibility for any losses, costs, damages, or claims that may result from your use of any home service provider's or service provider's services, including any fees they charge.
- You agree that you're relying on your own judgment and any advice you receive when choosing products or services.
Electronic Consent (E-Consent)
We and our Partners require your consent to conduct transactions electronically, including using electronic signatures and receiving electronic communications, to facilitate your quote request. By providing your information and submitting a request to be connected with quotes via our Service, you consent to conduct transactions and sign electronic documents, including this Agreement, using electronic signatures, as well as receive disclosures, records, and other communications electronically in accordance with our E-Consent Terms and Conditions.
You agree that all agreements, notices, disclosures, and other communications that we or partners provide to you electronically satisfy any legal requirement that such communications be in writing.
Consent for Communications
By providing your information and requesting our services, you establish a business relationship with us. This allows us to contact you about our Service. Nevertheless, we may also ask for your consent to receive marketing communications via email, text messages, and phone calls from us, our Partners, and other Service Providers.
You have the right to withdraw your consent to receive marketing communications at any time, without impacting your ability to connect with a home service provider or obtain coverage or other advertised services. To stop receiving marketing communications, simply click the unsubscribe link or follow the instructions provided in the marketing communications.
Intellectual Property
This Site and the Content available on the Site are our property or the property of our affiliates and licensors, and are protected by copyright, trademark and other intellectual property rights. Subject to the Terms, you are granted a non-exclusive non-transferable license to use the Site solely for your personal, non-commercial use. You may not use the Site or the content available on the Site in a manner that infringes on our rights or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Copyright Complaints
If you believe your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description where the material that you claim is infringing is located on the site
- A description of the copyrighted work that you claim has been infringed upon
- Your address, telephone number, and email address
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
Smart Quote Pros's Copyright Agent for notice of claims of copyright infringement can be reached at: privacy@SmartQuotePros.com
Your Comments, Reviews and Other Content Posted
You may have the opportunity to post comments, write reviews, or provide other content on this Site ("Posted Content"). If you choose to provide Posted Content on the Site, you represent that you are the owner of the content, or that you have the express authorization of the owner to post or submit that content.
Further, when you submit or post any content, you grant us and anyone we authorize, a royalty-free, non-exclusive, fully sub-licensable, perpetual, irrevocable, unrestricted, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
We expressly prohibit the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. We claim no responsibility and assume no liability for any Posted Content uploaded by you or any third party to the Site.
Use Restrictions and Registration
You acknowledge and agree to avoid the following activities, which are expressly prohibited, by using our Site and Services:
- You may not use or register with the Site if you are under eighteen (18) years of age. However, certain services offered on or through the Site may require you to be eighteen (18) years old.
- You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
- Registration is limited to one account per user, and user is solely responsible for keeping your password secure and for any activities or actions taken under your password.
- This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
- Providing false or misleading information, including impersonating another individual or falsely claiming employment with an organization.
- Submitting applications on behalf of another individual.
- Attempting to circumvent security measures, including unauthorized access to accounts, testing system vulnerabilities, or breaching security protocols to access restricted information.
- Copying or stealing proprietary materials, including designs, media, graphics, code, and products, with the exception of permitted documents such as this Agreement, Privacy Policy, or other related documentation.
- Utilizing computer programs to collect information from our site, including email addresses or phone numbers for use on our site or other platforms.
- Interfering with site functionality or disrupting other users, including accessing unauthorized information, transmitting viruses, overloading the system, sending spam, or engaging in other disruptive behaviors.
- Utilizing our Site or Services for unsolicited email communications, including promotional emails or advertisements.
- Tampering with email headers or other transmitted information via our Site or Services.
- Attempting to modify, reverse-engineer, decompile, disassemble, or decipher any source code used in the Site or Services.
Engaging in any of these activities may result in suspension of Site and Service access, account termination, and potential legal action.
Third-Party Content and Websites
Our platform may contain links to external websites, including those of Partners and Service Providers. Your use of any external websites linked from our platform is entirely at your own risk. We do not endorse, control, monitor, or assume any responsibility for the content, practices, or services offered by these third-party websites, including but not limited to those of our Partners and Service Providers.
We make no representations or warranties regarding the accuracy, completeness, reliability, legality, or safety of any information, content, or services provided on these external sites. You are solely responsible for evaluating and verifying the credibility, legitimacy, and suitability of any third-party websites and their offerings before engaging with them.
We shall not be liable for any damages, losses, or consequences arising from your use of, or reliance on, any external websites or their content. Furthermore, please be aware that these third-party websites have their own terms of use, privacy policies, and fee structures. We encourage you to carefully review these policies before using their services.
Errors and Delays
You agree that Smart Quote Pros is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. We make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site. We do not warrant that the website, content or services will provide specific results. You expressly agree that your use of this Site is at your sole risk.
To the full extent permissible by applicable law, we disclaim all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Under no circumstances will Smart Quote Pros be liable for any damages whatsoever arising out of your reliance on or use of the Site, Content, Services or other items located on the Site.
We do not warrant that this Site, its servers, or e-mail sent from us are timely, secure, error free, free of viruses or other harmful components, be uninterrupted or that they will meet your requirements. We will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
This includes, but is not limited to, any disputes, decisions, agreements, or outcomes arising from your interactions or relationships with any lender or third party connected to you through our Site or Services. We are not responsible for loan approvals, terms, repayment obligations, or any other action or inaction by a lender.
We make no warranty as to confidentiality or privacy of any of user's information, except as set forth in our Privacy Policy or required by applicable law. No advice or information, whether oral or written, obtained by you from us on the Site or its Services shall create any warranty not expressly made herein.
Without limiting the foregoing, you acknowledge and agree that we are not a creditor, broker, financial service provider, or other similar service provider. You acknowledge and agree that we are solely an intermediary between you and such providers and, therefore, we expressly disclaim any and all liability for any content, products or services provided by such providers.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Our maximum liability to you under all circumstances shall not exceed $100.00. You agree that this limitation represents a reasonable allocation of risk and is a fundamental element of the basis of our agreement.
If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Additionally, the inclusion or offering of any products or services on the Site does not constitute any endorsement or recommendation of such products or services by us.
Miscellaneous Terms
This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Smart Quote Pros and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof.
If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control. You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same.
If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole.
Terms Applicable to Home Services Request
Smart Quote Pros is not a licensed home services provider and does not provide service quotes directly. The information Smart Quote Pros provides is not intended to take the place of professional advice from a licensed service provider, nor does it evaluate service providers or their licenses. Smart Quote Pros recommends that all consumers consult with a licensed professional before purchasing any services.
Indemnity
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers, directors, sub-licensees, employees, successors and assigns harmless, from and against any claims, liabilities, costs and expenses, including costs and attorneys' fees, from any claim, action, cause of action, demand, damage, cost and expense (including legal costs and attorneys' fees) due to or arising out of:
- Your access to the Site
- Your use of the services
- The violation of these Terms or any applicable laws, rules or regulations by you
- The infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity
- Any content you post on this Site
- Any products or services purchased by you in connection with this Site and/or the websites of our third party partners, vendors and/or service providers, or any interactions with such third parties
We reserve the right to participate in any defense you provide, at their own expense, but are not obligated to do so. You may not settle any claim without our prior written consent.
Termination
While you use the Site, you avail yourself to the services provided by us and these Terms will remain in full force and effect. We may decide to cancel or terminate your right to use the Site, or any part of the Site, at any time without notice.
In the event of any such cancellation or termination, you will no longer be authorized to access all of or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive any termination of your right to use the Site.
Choice of Law, Disputes, and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in California as provided in the Arbitration section below.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of California or the United States District Court for the Southern District of California, and you consent to exclusive personal jurisdiction and venue in such courts.
Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
Please read this section carefully. Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding.
Arbitration
Mandatory Agreement to Arbitrate on an Individual Basis
Please read this section carefully — this arbitration agreement may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for final binding arbitration and a waiver of any and all rights to proceed in a class, collective, consolidated, or representative action. Arbitration replaces the right to go to court.
You and we each agree to resolve any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of these Terms, your use of or access to our Site or services, or any products or services sold, offered, or purchased through our Site or services ("Dispute") through negotiations and in good faith.
If we don't resolve the Dispute within 60 days you and we each agree to resolve it exclusively through final and binding arbitration. You and we agree as follows:
- To submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA's rules, information regarding initiating a claim, and a description of the arbitration process are available atwww.adr.org. As an alternative, you or we may bring a claim in your local "small claims" court, if permitted by that small claims court's rules.
- The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
- You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree not to combine a claim that is subject to arbitration under these Terms with a claim that is not eligible for arbitration under these Terms. You and we agree to waive the right to a trial by jury for all disputes.
- If the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then this prohibition will be null and void as to that Dispute.
- This Agreement to Arbitrate will survive the termination of your relationship with us. To the extent permitted under applicable law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You may opt out of this Agreement to Arbitrate by emailing us atprivacy@SmartQuotePros.com within 30 days of agreeing to these Terms.
Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in CA.
Miscellaneous
This Agreement together with all Disclosures, E-Consent and Credit Authorization and any consent, acknowledgement, confirmation, authorization given on our Site constitutes the entire agreement between you and us concerning your use of the Site and Services. This Agreement supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Smart Quote Pros and you.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
Contact Information
Please send us an email atprivacy@SmartQuotePros.com or write to:
Smart Quote Pros
1041 N Dupont Hwy #1575
Dover, DE 19901
If you have any questions, comments, or concerns relating to the Site, these Terms, or ourPrivacy Policy.
