Terms of Service
Last updated April 28, 2016
Welcome to Assistimate.com, home of Assistimate Estimating Services, LLC, where you may upload information detailing the scope of work for restoration projects and have it converted to detailed cost estimates and other related products and seek advice (the “Product”). These Terms of Service, as modified from time to time, apply to your use of this website and all services Assistimate offers.
We refer to Assistimate Estimating Services, LLC, including any of its contractors, as “Assistimate,” “We,” “the Site,” or sometimes, “the Services.” Before you enter the Site or use any of the Services, it is important that you carefully review these Terms of Service (the “Terms”). In addition, specific pages on the Site and third party services that we use may set out additional terms and conditions. In the case of inconsistencies between the Terms and information included elsewhere, (e.g., specific pages on the Site, third party services, promotional materials, mailers, social media, etc.), these Terms will always control. We suggest that you periodically check this page to make sure you are up-to-date. You will always find the most recent version here.
By entering and using the Site, and by issuing payment for the Services, you agree to the Terms and that you are bound by and subject to them. In other words, these Terms are a binding legal agreement between you and Assistimate in which you promise that you will use the Site and the Services only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at firstname.lastname@example.org. If you do not agree with the Terms, do not proceed to access the Site or use the Services.
Refunds. Assistimate strictly follows a No Refund policy, except in special circumstances as outlined below. The customer, by agreeing to pay for the Product, agrees that all aspects of the Product and the Services offered by Assistimate, including the processes necessary to craft the Product and deliver it to the customer, constitute a set of creative products and services. As such, the customer agrees that all payments for such creative products and services are final and non-refundable.
In the event that the Product is inaccurate in relation to the original information provided by the customer, or in the event the Product is not returned to the customer by Assistimate, Assistimate’s sole obligation shall be to, at its own option, (i) refund the full amount of the purchase price of such Product, or (ii) complete the Product as ordered and return it to the customer as soon as possible at no extra cost.
In the event that the Product is incomplete in relation to the original information provided by the customer (e.g., if Assistimate cannot estimate the cost for a specialty item requested by the customer), Assistimate’s sole obligation shall be to, at its own option, (i) refund the pro rata amount paid for the incomplete portion of the Product, or (ii) provide the customer with future credit in the pro rata amount paid for the incomplete portion of the Product.
Period for Revisions. Assistimate will, under certain limitations, entertain complimentary Revision Requests to the Product.
A customer may, within sixty (60) calendar days of receipt of the Product, make a request for revisions to information appearing in the Product. Revisions shall be limited to deletions and/or modifications of information already appearing in the Product, and they must remain in the realm of the original scope of work provided by the customer. In other words, in no case shall the revisions amount to a significant overhaul or changing of the Product (e.g., modifying a roof estimate to become a siding estimate, modifying a painting estimate to become a flooring estimate, etc.). Assistimate reserves the right to refuse any revisions to a Product based on its sole discretion, and in doing so withdraws its obligation for future Revision Requests to the Product.
In the event a customer fails to notify Assistimate in writing of their request for revisions within sixty (60) calendar days of receipt of the Product, Assistimate may waive its obligation to revise the Product and/or charge the customer a specified cost for the revisions requested.
A valid credit card is required for purchase of the Product. We partner with third party services (i.e. PayPal, Square) for processing of credit card payments for the Product. As such, you will also be subject to the terms and conditions of service of these third party services when using them. Detailed information about their terms and conditions of service can be found on their respective websites at www.PayPal.com and www.SquareUp.com. The agreement to use these third party services will be solely between you and the third party provider.
A valid credit card number, including expiration date and billing information, is required to place an order for the Product. With your authorization, your credit card is charged a certain fee for the Product when your order is placed. If an additional fee becomes due for the Product, your credit card will be charged again, but only with your authorization at that time. We do not keep credit card information on file. The Product is priced in US dollars and is available only in the United States and Canada.
We require that every customer refrain from uploading “Prohibited Content.” Generally, Prohibited Content includes (without limitation) any of the following:
a. Content that we believe is abusive, deceptive (including content sent from an anonymous or false address), defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Services.
e. Any links to the above.
Assistimate has the sole discretion to determine whether content is Prohibited Content. You acknowledge that Assistimate may refuse the Services for any reason, at any time, without notice. In the event of a dispute pertaining to any content, Assistimate may disclose content to parties to the dispute, including their agents and governmental authorities.
Notwithstanding the above, when you access the Site and/or use the Services, you acknowledge and agree that all content (whether private or public) submitted is the sole responsibility of the person who submitted it. In no event shall Assistimate, including its officers, directors, employees, affiliates, contractors and agents, be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Services, including (without limitation) errors and omissions in such content, and loss or damages incurred as a result of use of such content.
You may not resell the Product or any of our services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Product, the Services or use thereof for any purposes whatsoever.
We may use third party software. As a convenience to our customers, we may make third-party software available through the Site and/or the Services. To use the third-party software, you must agree to the terms and conditions of service imposed by the third party provider, and the agreement to use such software will be solely between you and the third party provider.
By downloading third party software, you acknowledge and agree that Assistimate does not guarantee that any software will be free of viruses, worms, or Trojan horses or other forms of corruptive code, even if the software is provided by an Assistimate contractor. Assistimate makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software. In no event shall Assistimate (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software.
We take copyrights seriously.
What You License to Assistimate
When you use the Services, you grant Assistimate a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you, solely for the purpose of providing the Services. In no event will Assistimate print or display any content provided by you, other than in accordance with any activity initiated by you (e.g., ordering the Product). You remain the owner of all content that you submit to the Services, and as a condition to usage of the Services, you represent and warrant to Assistimate that you are the owner of the copyright to content you submit or that you have written permission from the copyright owner to submit such content.
Copyright Protection for Content on the Services
All information, images, content, software and materials offered on or uploaded to Assistimate may be protected by U.S. and international copyright laws or other laws. Assistimate is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations that you commit as a result of your activities, even if the violation is unintentional. Assistimate has the absolute right to terminate your Assistimate order or exclude you from the Site if you use the Services to violate the intellectual property rights of any party.
Indemnity and Hold Harmless. You agree to indemnify, defend, and hold harmless Assistimate, including its officers, directors, employees, agents, licensors, contractors and any third-party information providers to the Services, from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of these Terms or any activity related to your order of the Product, including negligent or wrongful conduct, by you or any other persons acting on your behalf with or without your knowledge.
Warranties Disclaimer and Liability Limitation. This Site, its contents, the Products and the Services being offered are provided by Assistimate on an “as is” and “as available” basis. Assistimate does not make warranties or representations of any kind, whether express or implied, as to the operation of the Services, to the content or materials included, or to the Products and the Services offered. Moreover, Assistimate does not represent or warrant that the information, the Product and the Services offered on and through this website are complete, current, and completely accurate. By using this Site, the Services, and the Products, you expressly agree to assume all risks and liabilities surrounding such use.
To the fullest extent possible under the law, Assistimate, on behalf of itself and its contractors, expressly disclaims all warranties and representations, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness of the Site, the information provided, the Products and the Services offered for any specific or general purpose, and non-infringement.
Assistimate makes no warranty that (i) the Site or the Services will be provided in a manner that is uninterrupted, complete, timely, secure, or error and/or omission free, (ii) the Site or server are or will be free of viruses or other harmful components, or (iii) the Services, Site or content provided will meet your requirements. Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Assistimate makes no warranties of any kind with respect to software, the Product, the Services, promotions, or the delivery thereof that are purchased, accessed or obtained through Assistimate or that are advertised by Assistimate. Assistimate will not be held liable for any damages of any kind, whether known or unknown, arising from the use of the Services or the Product, including, but not limited to, compensatory, direct, indirect, incidental, consequential, and punitive damages, financial and data loss, loss of income or profit, loss of or damage to property or third party claims, even if you have been advised of the possibility of such damages.
The foregoing limitations also apply to damages arising from (i) use or inability to use the Services; (ii) cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the Services; (iii) unauthorized access to or alteration of your transmissions by third parties; (iv) third party content made available to you through the Services; (v) inaccuracies, errors, omissions or misrepresentations in the Site, the Services or the Product, and (vi) any other damages of any type involving or relating to the Services and your use of them.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Termination. You agree and acknowledge that Assistimate, in its sole discretion, may terminate your Assistimate order or use of the Services, and remove and discard any content including, but not limited to, any and all information, communications, submissions, files or images, and any other content within the Services, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by Assistimate elsewhere on the Site;
b. Conduct that Assistimate believes is harmful to other Assistimate users, Assistimate, the business of Assistimate, or other third party information providers;
c. Conduct that violates the spirit of these Terms;
d. A conflict of interest.
In such case, Assistimate’s sole obligation will be to refund the pro rata amount of the purchase price in relation to the portion of the Product that has not been completed by that time. Further, you agree that Assistimate shall not be liable to you or any third-party for any termination of your access to the Services in any way, shape or form. We urge you to make personal copies of all content you submit to the Site.
Choice of Law. The laws of Oregon, U.S.A., will apply to any and all disputes arising out of or relating to these Terms or the Services. Any and all claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Benton County, Oregon, USA, and you and Assistimate consent to personal jurisdiction in those courts.
Modification of Terms. You agree that Assistimate reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Services or any part of the Services.
Entire Agreement. These Terms constitute an agreement between you and Assistimate and govern your use of the Services, superseding any prior agreements between you and Assistimate. In the case of inconsistencies between these Terms and information included in offline materials, (e.g., promotional materials, mailers, etc.), these Terms will always control. You may also be subject to additional terms that may apply when you use affiliate services, third-party content or third-party software.
The failure of Assistimate to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.