Aletheia Digital Technologies, LLC (“Aletheia” or “We”) is the developer of the software known as QuickQuote (the “Software”) which combines data and information regarding the size and dimensions of a home or structure with pricing information of a roofing, construction or other contractor (“Contractor”) to generate an estimated price the Contractor would charge to install materials and perform services at such location (a “Quote”).
Aletheia hosts the Software, on behalf of Contractors, on websites (the “Website(s)”) for the purpose of generating Quotes for potential customers (“Customer” or “You”). The Website and Software may be collectively referred to herein as the “Services.” Use or access to any of the Services shall be governed by these Terms of Service (“Terms,” “Terms of Service,” or “Agreement”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SOFTWARE OR ANY OF THE SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY OBLIGATIONS. THIS AGREEMENT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT USE OR ACCESS THE SERVICES IN ANY WAY. IF YOU USE THE SOFTWARE OR THE SERVICES, YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS.
- Use of Services.
Conditioned upon your compliance with the terms and conditions of this Agreement, You may access the Services for the sole purpose of generating a Quote for your personal use.
- Consent to Data Collection.
You consent to the collection of personal information necessary to generate the quote (the “Personal Information”). By using the Services, you agree to our Privacy Policy, which outlines how we collect, use and protect Personal Information.
- Restrictions on Use.
In accessing or using the Services, you will not: (a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever; (b) devise specifications from, reverse engineer, reverse compile, disassemble, or create derivative works based on the Services; (c) apply systems to extract or modify information in the Services using technology or method such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”; (d) knowingly input or post through or to the Services any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others, (e) input or transmit through or to the Services any virus, worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Services or grant unauthorized access thereto; (f) use or access the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes; or (g) cause, assist, allow or permit any third party (including an end-user) to use the Services to compete with Company in any way.
- Applicable Laws.
Your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. You may not use the Services in violation of or to violate any law, rule or regulation. Ensuring your use of the Services is compliant with applicable laws is your responsibility.
- Suspension of Service.
Aletheia has the right to immediately suspend the Services (a) in order to prevent damage to or degradation of the Services or unauthorized or non-compliant use or (b) for operational reasons such as repair, maintenance, or improvement or because of any emergency.
- Ownership.
The Services, including the Software, and each of their components, are owned by Aletheia and its licensors and are protected under intellectual property and other applicable laws. No title to or ownership of the Services are transferred to You. Aletheia and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Services are not sold to You; You acquire only a conditional license to use the Software.
- Trademarks.
Aletheia’s name, the QuickQuote name, the Service Providers’ names, together with all related names, logos, product and service names, designs, and slogans are trademarks of Aletheia, its affiliates or licensors. You must not use such marks without the prior written permission of Aletheia.
- Change to Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Software and Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- Indemnification. You agree to indemnify, hold harmless and defend Aletheia, its affiliates, officers, employees, agents and licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from your use of the Services or in violation of this Agreement.
- Disclaimers. ALETHEIA DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT ALETHEIA WILL CORRECT ALL ERRORS OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. ALETHEIA IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE SERVICES THAT ARISE FROM THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. COMPANY EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT ANY QUOTE PROVIDED THROUGH THE SERVIES MAY CONTAIN ERRORS. ALETHEIA WILL NOT BE RESPONSIBLE FOR ANY ERRONEOUS QUOTE.
- Limitations of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ALETHEIA, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES (WHETHER DUE TO TECHNICAL FAILURES, INTENTIONAL DOWNTIME OR OTHERWISE), OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ALETHEIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ALETHEIA PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Claims. No legal proceedings, regardless of form, arising under or relating to this Agreement may be brought by Customer more than six months after it first have actual knowledge of the facts giving rise to the cause of action.
- U.S. Government End Users. The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those limited rights set forth herein.
- Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto, nor any direct product thereof are exported or reexported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- Miscellaneous. This Agreement is governed by the laws of the State of Georgia, without respect to the conflicts of law provisions thereof. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Harris County, Georgia in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aletheia as a result of this Agreement, or the use of the Services. Failure of Aletheia to exercise or enforce any right or provision herein is not a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Aletheia with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aletheia with respect to the Services.