This Website and Easytreequote's services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Easytreequote services or properties such as websites or apps owned and operated by Easytreequote) and collectively referred to herein as "Easytreequote," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Easytreequote.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on September 13, 2013.
INTRODUCTION TO Easytreequote
At Easytreequote we are committed to making your total Easytreequote experience a positive one. There are several ways you can find service professionals from Easytreequote. Our service allows you to request a referral for a specific task tree service professional’s offer, and we refer you to up to five tree service professionals.
Upon entering your information and the request for which you would like a service professional, we will attempt to match you with up to five service professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.
After you submit your request, we may send you a link to view a profile page of the tree service professionals that match your request who provide services in the categories that you select. These e-mailed links include ratings, reviews, message from the tree service provider, proof of insurance, and other information that may help you determine your choice of tree service provider, when available.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations 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. Easytreequote does not endorse or recommend the services of any particular tree service professional. It is entirely up to you to evaluate a service professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a tree service professional. We do not guarantee or warrant any service professional's performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of Easytreequote, nor is Easytreequote an agent of the service professionals.
No Contracting via the Easytreequote Website. Easytreequote may inform you of certain offers or discounts provided by a service professional. Such offers or discounts are made solely by the service professional, and Easytreequote does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service Professionals via Easytreequote or apps, or which you find on the Easytreequote or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Easytreequote. No contractual arrangement is created based upon the quotes provided to you from tree Service Professionals (or your scheduling of an appointment with a tree Service Professional) via Easytreequote. To contract with a Service Professional, you must work directly with the Service Professional. Easytreequote 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.
Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE Easytreequote (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) 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.
YOUR USE OF THE Easytreequote SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Easytreequote is for your personal use and not for advertising purposes. You may not use Easytreequote to recreate or compete with Easytreequote, to solicit or harass Easytreequote service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Easytreequote for any such damages, and will indemnify Easytreequote in the event of any third party claims against Easytreequote based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Easytreequote products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Easytreequote in its sole discretion that you are misusing or attempting to misuse or circumvent the Easytreequote services or 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, scraping content, infiltrating, fraud, advertising, jamming or spamming, Easytreequote 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.
INFORMATION YOU PROVIDE TO US
Upon using Easytreequote, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Easytreequote and its partners and thus agree to be contacted by Easytreequote and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Easytreequote has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Easytreequote has the right to refuse any current or future use of the Easytreequote services (or any portion thereof) by you.
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 Easytreequote 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 REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Easytreequote AND EACH Easytreequote SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $5,000 TO EACH OF Easytreequote 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 EXPENSE 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.
You acknowledge and agree that Easytreequote may monitor and/or record any telephone calls between you and Easytreequote.
SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the screening tab of a service professional's profile page, Easytreequote.com uses the following criteria as part of its registration enrollment process ("registration") for new service professionals, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network:
Licensing - Easytreequote may display licensing & Insurance information provided by service professionals on the service professionals' profile pages, however Easytreequote does not confirm (i) the accuracy, of any such licensing & insurance information, (ii) that any such license & insurance is active or in good standing, or (iii) that any such license or insurance is appropriate for the task for which you are seeking a service professional. We recommend you confirm all licensing & insurance requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work, we suggest you obtain licensing and insurance information for all sub-contractors.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, AND SOCIAL SECURITY NUMBER)
NOTE: Easytreequote PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE Easytreequote NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, Easytreequote CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. Easytreequote IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Easytreequote does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: Easytreequote allows Service Professionals to post profiles about themselves and their business on Easytreequote or apps. Easytreequote does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. Easytreequote therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Easytreequote. Easytreequote believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Easytreequote network. Easytreequote does not represent or warrant that the information received from any third party sources is accurate, error free, or that it is up to date or updated at the time that Easytreequote checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such third party sources.
DISCLAIMER: Easytreequote EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.
RATINGS & REVIEWS ARE NOT ENDORSED BY Easytreequote.com
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Easytreequote. Easytreequote disclaims any and all representations or warranties with regard to the Ratings and Reviews. Easytreequote does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
LINKS TO THIRD PARTY SITES
The links in the Easytreequote or apps will let you leave Easytreequote's Web site. The linked sites are not under the control of Easytreequote and Easytreequote is not responsible for the contents 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. Easytreequote is not responsible for webcasting or any other form of transmission received from any linked site. Easytreequote is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Easytreequote of the site.
YOU AGREE TO INDEMNIFY Easytreequote, 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 Easytreequote SERVICES, IN CONNECTION WITH THE Easytreequote WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
You acknowledge and agree that the Easytreequote services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Easytreequote's sole obligation to you or any third party for any claim arising out of your use of the Easytreequote services or the Easytreequote or apps, is that you are free to discontinue your use of the Easytreequote services or the Easytreequote or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Easytreequote 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 Easytreequote SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Easytreequote 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. The Terms and Conditions will inure to the benefit of Easytreequote's successors, assigns and licensees. If any provision of these Terms and Conditions 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 Easytreequote to exercise or enforce any right or provision of the Terms and Conditions 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 Easytreequote services or the Terms and Conditions 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 and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely in the State of Pennsylvania and between Pennsylvania residents. You agree to submit to jurisdiction in Pennsylvania and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Montgomery County, Pennsylvania. These Terms and Conditions constitute the entire agreement between you and Easytreequote and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.