Terms & Conditions for Users

Thank you for using CrashQuotes.com, a technology platform (the “Platform”) operated by Crash Quotes Inc. (“CQ, “we”, “our” or “us”), that connects you, the User (“you”, “your”, or “User”) with autobody shops, rental car services, towing services and similar automotive service providers (collectively, “Suppliers”) in your area to request and receive price estimates and other information about Suppliers’ services in order to facilitate communication and bookings for appointments for services between Users and Suppliers.

These Terms & Conditions (the “Terms”) are made between you and Crash Quotes Inc., a business incorporated under the laws of the Province of Ontario and cover your use and access to our Platform and the content on Platform and the services CQ offers via the Platform from time to time (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing or using any of the Services, you agree to accept and abide by these Terms, including our Privacy Policy (collectively our “Agreement”). By accessing or using any of the Services, you represent that: (i) you have the corporate capacity to enter into this Agreement, if applicable, and to perform the obligations hereunder; and (ii) the entering into of this Agreement has been duly authorized and constitutes a legally valid and binding obligation on you enforceable in accordance with its terms.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms from time to time by posting updates and changes to our website or the Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of the Services, including without limitation the Platform, constitutes acceptance of those changes.

We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, update and improve Services, including, without limitation, information, materials and descriptions available through the Platform and to suspend and/or deny access to the Platform for scheduled or unscheduled maintenance, upgrades, improvements or corrections. We may discontinue or change any Services offered at any time.

You can review the most current version of the Terms of Service at any time at this page.

If you access any of our social media pages, these Terms are in addition to any terms and conditions governing such social media platforms.

PRIVACY

By accessing our Services, you agree that we can collect and use your information in accordance with the Privacy Policy.

SERVICES

In accessing the Services, you acknowledge that CQ operates a Platform that allows you and other Users to connect with Suppliers who may offer services that meet your automotive needs, from whom you may purchase services independently of the Platform.

As a User, you will be able to create an account on the Platform, upload photos and videos, and submit other relevant information related to your automotive concern in order to be connected with local Suppliers whose services may meet your needs. In submitting a request for Supplier pricing estimates, you will provide details about your specific requirements. Suppliers will then have an opportunity to provide an estimate for their services via the Platform for your consideration. If you wish to make an appointment for services based on a Supplier’s estimate, you may do so via the Platform, and the Supplier may confirm such appointment with you directly by email or telephone.

You will be entitled to review the information you receive from the Suppliers and may or may not decide to engage a Supplier to provide the products or services you require. In the event we cannot identify any Suppliers who may be able to fulfil the criteria you submitted, you will be notified that this is the case, and given the opportunity to expand your requirements.

We do not in any way endorse or confirm that the Suppliers identified as a result of the Services we offer will be able to fulfil your requirements, and it will be your sole responsibility to engage with Suppliers to determine whether they can meet your requirements.

You acknowledge and agree that CQ acts only as a facilitator of the Supplier introductions referred to above, and the provision of any products or services by a Supplier will be subject to an entirely separate legal contract. You will not be able to use our Platform or Services to purchase any products or services from Suppliers directly. If you choose to engage a Supplier to provide any products or services, you will become a customer of the Supplier and will need to make arrangements with such Supplier to sign contracts, receive invoices and make payment to such Supplier independently of the Platform. For the avoidance of doubt, such products or services shall be provided to you by the Supplier selected by you, and not by CQ. If there are any issues with products or services provided by a Supplier, you will have legal rights of redress against the Supplier directly and not against CQ.

CQ may update the Platform from time to time, in its sole discretion, to add, change or remove features and/or functionality. Occasionally there may be information available through the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges and other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information related to the Services or the services of any Supplier is inaccurate at any time without prior notice to you.

The Services shall be provided to you at no cost.

USER ACCOUNT

In order to access the Services, you will be required to register for and maintain one user account (“User Account”). You may only possess one User Account at any time. As part of the process to set up your User Account, you will be required to submit to CQ information, such as your name, address, email address, and mobile phone number. By setting up your User Account, you agree to maintain accurate, complete, and up-to-date information in your User Account. You are responsible to keep your User Account information, including your username and password secure and not share that information with anyone else. You are also responsible for keeping your devices secure, to prevent unauthorized use and access of any passwords and account information.

We have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform and Services (or any portion thereof) if: (i) you provide, or CQ has reasonable grounds to believe you have provided, inaccurate, incomplete information or information that is not current; (ii) you breach any of these Terms; or (iii) otherwise in accordance with these Terms or for any other reason.

SHARING YOUR DATA

As described above, CQ works with Suppliers and provides them with such information as you may submit to the Platform in requesting a price estimate for services from Suppliers (an “Estimate Request”) including, without limitation, photos and videos of your vehicle(s), descriptions of damage or other problems with your vehicle(s), address and location of your vehicle(s), your contact information provided in creating your User Account and other personal identifying information.

You will have an opportunity to review all such information to be shared with Suppliers before you submit an Estimate Request. By submitting an Estimate Request, you agree you are consenting to CQ sharing all such information so provided with Suppliers via the Platform.

You agree we may also provide advertisers with aggregated statistics and insight reports about the kinds of people who may be seeing their ads and how their ads are performing, provided that such information will not include details that personally identify you.

USER CONTENT

As part of the Services, the User may have opportunities through the Services to interact with other Users and Suppliers including without limitation by submitting questions, comments, suggestions or other information (the, “User Content”).

In submitting your User Content you acknowledge and agree that any User Content that you provide to CQ is non-confidential and you grant CQ a worldwide, perpetual, irrevocable, transferrable, royalty-free license to use, exploit, disseminate, and/or permanently delete, in any manner and for any purpose, such User Content in all available formats without further notice or consent from you and without further acknowledgment or compensation to you; provided that no details that personally identify you shall be disclosed in connection with same, except as otherwise permitted by these Terms (including our Privacy Policy).

You further represent and warrant that: (a) you own and control all of the rights to the User Content that you submit, or that you otherwise have the right to submit such User Content in connection with the use of the Services; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content will not violate any rights of or cause injury to any person or entity.

CQ further reserves right in its sole discretion to investigate, delete, remove or disable access to any User Content, suspend or terminate your User Account at any time, and/or pursue any other remedy or relief available under equity or law if you post any User Content or submit other content or information via the Platform that violates these Terms or that we consider to be objectionable for any reason.

In accessing the Services, you further acknowledge that CQ does not endorse, warrant or make any representations regarding any products, services, or Suppliers and any third-party reviews posted by others do not represent the views of CQ. CQ takes no responsibility and assumes no liability for any comments posted by you or any third-party.

THIRD-PARTY SUPPLIER SERVICES AND CONTENT

CQ partners with Suppliers who may provide you with information about their automotive services, including services offered, appointment availability, business locations, pricing, price estimates, delivery times, and other information. In addition, in accessing the Services, the User may be able to access websites and mobile applications of Suppliers and other third-parties, as well as links to advertisement of such parties that CQ does not control. CQ has no responsibility or liability for the acts or omissions of any Supplier for any reason. CQ facilitates the sharing of information between Suppliers and Users about products and services that are offered by Suppliers but does not guarantee the suitability, legality or accuracy of any information that is provided by a Supplier through the Services and is not responsible for any Supplier’s products or services or their service quality, or any other matter pertaining to their business.

The terms and conditions of such Suppliers and other third-parties and content and their respective privacy policies may be different from those applicable to your use of our Services. Please govern yourself accordingly and satisfy yourself with respect to the terms and policies of such third parties before accessing their products or services, which you do at your own risk.

TERMINATION

In addition to any other right or remedy available to us, CQ may suspend or terminate your access to the Platform and Services with immediate effect by giving you notice if: (a) you commit a breach of any term of these Terms; or (b) if, in our absolute discretion, we consider your conduct on the Platform to be objectionable for any reason.

If you wish to terminate your agreement with CQ to use the Platform and Services, you can do so at any time by ceasing to use the Platform and Services. If you have created a User Account, you will need to contact us by email using the address listed in the section entitled “Notice” below so we may take steps to terminate your account.

The termination of a User Account for any reason will result in the deactivation or deletion of such account or User’s access to such account, and immediate archival or deletion of all data in such account.

CQ reserves the right to refuse service to anyone in its sole and absolute discretion.

INTELLECTUAL PROPERTY

All information and copy available through the Platform and Services including but not limited to text, graphics and code is copyrighted, and is the sole and exclusive property of CQ, other Users or Suppliers. Such information is protected by Canadian and international copyright laws. ALL RIGHTS ARE RESERVED. You may use the Services solely for your own use. Any and all other uses, including but not limited to the reproduction, distribution, display or transmission of the content of the Platform or Services or altering any of the information or materials, are strictly prohibited.

All trademarks, service marks and trade names provided in connection with the Services and other information and materials, are sole property of CQ or third parties. You are prohibited from using any such marks for any purpose without the written permission of CQ or such third party, as applicable. If you copy or download any information or content from the Platform or Services, you agree that you will not remove or obscure any copyright or trademark, or other notices or legends contained in any such information.

PROHIBITED USES

You are prohibited from: (a) using the Services or Platform for any unlawful purpose or in any manner inconsistent with the rights granted herein; (b) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) submitting false or misleading information; (d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or any related websites or mobile applications; (e) selling, licensing, sublicensing, distributing, leasing or otherwise transferring or allowing the transfer of any information or documentation provided to you in connection with your use of the Services to third parties; (f) permitting access to the Platform or Services to any third party or unauthorized user; or (g) for any reason that would violate these Terms. We reserve the right to terminate your use of the Platform and our Services for breach of this provision.

DISCLAIMERS

Our Platform and Services are provided “AS IS” and “AS AVAILABLE”. You use the Platform and the Services at your own risk. CQ does not review, approve, verify, endorse, or make any other warranties or representations about the accuracy, reliability, availability, suitability, completeness, appropriateness or timeliness of our Platform or the content made available through the Services or provided by Suppliers or other third-parties, including without limitation, information related to Supplier services or business information, automotive safety, quality or availability of Supplier offerings, pricing or price estimates, Supplier fees, products or services, any modification, price change, suspension or discontinuance of any product or service or the Supplier’s compliance with applicable laws or regulations.

You use the Platform and Services at your own risk. Other than as may be expressly provided in writing by CQ in connection with your use of the Services and to the fullest extent permitted by applicable law, CQ does not provide any warranties, either expressly or impliedly, for any particular purpose and expressly disclaims all representations and warranties, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement, use, interoperability, or fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Further, CQ does not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; or (c) any information obtained by you as a result of your use of the Services will be accurate or reliable. CQ is not responsible for and disclaims all liability related to delays, delivery failures, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile and personal computing devices and third party service providers. Any material downloaded or otherwise obtained through your use of the Platform or Services is done at your own discretion and risk.

INTERNATIONAL ACCESS

The Platform and Services are controlled and operated from Canada. If you access the Platform or Services from a location outside of Canada, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. CQ makes no representation that materials on the Platform or accessed via the Services are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Platform or Services from other locations do so on their own initiative and are responsible for compliance with local laws.

WAIVER/RELEASE OF CLAIMS AND LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, you hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against CQ and its affiliates and their respective officers, directors, shareholders, employees, contractors, suppliers and agents (the “Releasees”) and you, on your own behalf and on behalf of those for whom in law you are responsible, hereby release and forever discharge the Releasees from any and all claims and liability for or in respect of any personal injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to your use of the Services, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.

IN NO EVENT WILL CQ OR ANY OF THE OTHER RELEASEES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE OR KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OF THE SERVICES. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SURVIVES A FUNDAMENTAL BREACH OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS.

Further, to the fullest extent permitted by applicable law, the maximum aggregate liability CQ or any of the other Releasees to you concerning or in any way related to the Terms and your use of the Services is limited to direct damages in an amount not to exceed fees, if any, you have paid to us for the most recent one (1) month period immediately precedent the event giving rise to such claim.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend CQ and the other Releasees (collectively, the “Indemnified Parties”) from and against any action, suit, claim, demand, proceeding, liability, damage, loss, penalty, cost and/or expense (including, without limitation, legal fees) which may be made or brought against the Indemnified Parties or any of them or which any of them may suffer or incur as a result of, in respect of, or arising out of: (i) any breach by you of these Terms; (ii) any non-fulfillment by you of any covenant or agreement under these Terms; (iii) any breach by you, whether by commission or omission, of any of your obligations, representations or warranties under these Terms; (iv) any content you post, store or otherwise transmit on or through our Platform or third-party applications or otherwise in connection with your use of the Services; and/or (iv) any violation by you of any law or rights of any third party in the use of the Platform or Services.

LICENSE AND USE OF THE SERVICE

Subject to these Terms, CQ hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to access and use the Services for your own personal and non-commercial purposes.

Any rights not expressly granted herein are reserved by CQ.

You shall not, directly or indirectly: (i) in any way modify, translate, adapt or otherwise create derivative works of the content, information or related materials that are made available through the Services; (ii) reproduce, modify, license, sell, resell, transfer, publicly display, broadcast, remove, delete, alter or obscure or otherwise exploit any copyright, trademark or other intellectual property or proprietary rights notices made available through the Services except as expressly permitted by CQ; or (iv) use the Platform or Services in violation of any law.

You acknowledge and agree that the Services are provided under license of use only, and not for any other purpose.

You agree that CQ is the sole and exclusive owner of the Platform and Services.

APPLICABLE LAW

These Terms will be governed by and construed under and pursuant to the laws of the Province of Ontario without giving effect to its conflict of law provisions and the parties hereby irrevocably submit to the jurisdiction of the courts of Ontario.

WAIVER

CQ will not be deemed to have waived the exercise of any right that it holds under these Terms unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any such right will be deemed to be a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right. No failure to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of that right.

SEVERABILITY

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

SURVIVAL OF TERMS

These Terms will remain in effect so long as is necessary to give full effect to your past, present and/or future use of the Platform and/or Services.

NOTICE

Any notice required or permitted to be given by either party to the other under these Terms is to be in writing. In the case of CQ, notice shall be given by email to: info@crashquotes.com. In the case of User, notice shall be given to the email address associated with the User Account registration.

ENTIRE AGREEMENT

These Terms and any further terms provided to you by CQ upon or in connection with your use of the Services, constitute the entire agreement between you and CQ with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements.

QUESTIONS

Please contact us at: info@crashquotes.com

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