These Terms of Use ("Terms") govern your access to and use of the NearbyQuote website, platform, and related services (collectively, the "Service") operated by Call Engine Inc. ("Company," "we," "us," or "our"). Please read these Terms carefully before using the Service.
By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service. We may update these Terms from time to time, and your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.
NearbyQuote is a lead generation and referral platform that connects homeowners and property managers ("Users" or "you") with independent home service professionals ("Service Professionals" or "Pros") in their local area. We facilitate the connection between Users and Pros by collecting information about your service needs and sharing it with qualified Pros who may contact you with quotes.
Important: Call Engine Inc. is not a home service provider, contractor, or plumber. We do not perform, supervise, or guarantee any work performed by Service Professionals in our network. Service Professionals are independent third parties, not employees, agents, or subcontractors of Call Engine Inc.
You must be at least 18 years of age and capable of forming a binding contract to use our Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.
When using our Service, you agree to:
When you submit a quote request through our Service, you understand and agree that:
While we strive to connect Users with qualified, licensed, and insured Service Professionals, we make no representations or warranties regarding:
You are solely responsible for evaluating and selecting any Service Professional, verifying their credentials, and negotiating the terms of any work to be performed.
By submitting your phone number through our Service, you expressly consent to receive telephone calls and text messages from Call Engine Inc. and/or our network of Service Professionals regarding your service request. This may include calls and texts made using automatic telephone dialing systems or prerecorded messages. You understand that consent is not a condition of purchasing any goods or services.
You may revoke your consent to receive calls or texts at any time by contacting us at support@nearbyquote.com or replying STOP to any text message. Standard message and data rates may apply.
All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, images, audio clips, software, and the overall design and arrangement thereof — are owned by Call Engine Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without our prior written consent, except as expressly permitted by these Terms.
You agree not to:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Call Engine Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy, completeness, or usefulness of any information provided through the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALL ENGINE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless Call Engine Inc. and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any dispute between you and a Service Professional.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Call Engine Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in the English language in the state of Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding.
CLASS ACTION WAIVER: You and Call Engine Inc. agree that any proceedings to resolve disputes will be conducted solely on an individual basis, and neither party will seek to have any dispute heard as a class action, class arbitration, or any other representative proceeding.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Material changes may be communicated through a notice on the Service or via email. Your continued use of the Service after any modifications constitutes your acceptance of the updated Terms.
We may terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.
These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Call Engine Inc. regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
If you have any questions about these Terms, please contact us:
Call Engine Inc.
Email: legal@nearbyquote.com
Website: nearbyquote.com