Terms of Service
Last Updated Date: October 1, 2022
THIS WEBPAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS .
BY UTILIZING THE SERVICES PROVIDED BY THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE T ERMS AND CONDITIONS.
YOU MAY NOT UTILIZE THE SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
and its affiliates (referred to as “ Us ”, “ We ”, or “ Our ” as the context may require) operates an online marketplace for connecting users (referred to as “ User ”, “ You ” or “ Your ” as the context may require) with relevant service providers (each a “ Service Provider ”) in a geographic area (the “ Services ”) . These terms and conditions (these “ Terms ”) apply to the Services provided through jensonbrothers.com (the “ Site ”). These Terms are subject to change by Us without prior written notice at any time, in Our sole discretion. Any changes to the Terms will be in effect as of the “ Last Updated Date ” referenced on this webpage. You should review these Terms prior to using the Site and/or utilizing the Services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute Your acceptance of and agreement to such changes.
These Terms are an integral part of the Site that apply generally to Your use of the Site. By Your use of the Site and/or the Services, You are accepting these Terms.
- Use of Services . You acknowledge and agree that:
- (i) Your use of the Site is for your personal use and not for advertising or commercial purposes; (ii) You are in need of service(s) and are requesting to be contacted by Service Providers; (iii) You will not use the Site or Services to solicit Service Providers for any other purpose, including, but not limited to, soliciting and/or advertising purposes; (iv) You will not use the Site or Services for spamming, jamming, content scraping, infiltrating, advertising, marketing, fraud, or hacking, or with the intent to harass Us, our users, or any third party; (v) You will not commit any kind of fraud, or intend to cause any harm to Us, our users, or any third party; (vi) You will not copy or collect, by any means, any content on the Site; and (vii) You will not infringe on the intellectual property rights of any party or violate any provision of law, rule, or regulation.
- The violation of any of the foregoing, as determined in Our sole discretion, may result in the: (i) denial of the provision of any of the Services; and/or (ii) revoking Your ability to use the Site, at Our Sole Discretion and without prior notice. In addition to the foregoing, We reserve the right to seek such remedies for damages available to Us in law or in equity, including, but not limited to, injunctive relief or other equitable remedies, without prior notice.
- No Guarantees or Endorsements . We make no guarantees, warranties or representations regarding the skills or undertakings of a Service Provider or the quality of the job that he or she may perform for you if you elect to retain their services. We do not endorse or recommend the services of any particular Service Provider. It is Your responsibility to evaluate the Service Provider and the Service Provider’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Provider. We do not guarantee or warrant any Service Provider’s performance on the job, or the outcome or quality of the services performed. The Service Providers are not employees or agents of Ours, nor are We an agent of the Service Provider.
- Third Party Websites . We may provide hyperlinks or references to other websites. The appearance of these links does not constitute Our approval or endorsement of these websites. We are not responsible for the content of third-party websites that may be linked from the Site or provided to You as part of the Services. You navigate to any third-party website at your Own risk and may be responsible for compliance with such website’s terms, policies, or laws relevant to these third parties.
- Intellectual Property . All material on the Site, including source code, data, images, and all other content, is owned by Us, unless expressly indicated otherwise. Such owned intellectual property also includes our marks, logos, and similar content, regardless of whether such content is registered. Portions of Our content may be licensed or repurposed from other websites, and therefore may be subject to the terms of services, privacy policies, and other applicable terms from these content providers. If Your usage of the Site makes You subject to these terms, You are solely responsible for reviewing these associated terms and complying with them. Some websites and data providers may require Us to display licensing or marketing information next to the data, which is one indication that We are licensing or using data from third-parties and may make You obligated to comply with the terms of third-parties, however We may not always display such information. Such failure to display this information does not obviate You from Your obligations to follow the applicable terms and conditions of the content provider.
We may utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with the Services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without Our express consent.
We own trade secrets and know-how that contribute to the functionality of the Site and the Services, which may be legally registered, or be eligible to be legally registered, or may otherwise belong to Us. Your usage of the Site or Services does not entitle you to any right, claim, or other interest whatsoever in these trade secrets and know-how.
- SMS Messaging . By filling in Our forms and submitting information to Us, You acknowledge and agree that Service Providers may send you informational text messages, SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time by texting STOP from the mobile device that is receiving the messages.
- Call Recording . You agree and acknowledge that We may monitor and/or record any phone calls between you and Us.
- Your Provided Content . You acknowledge and agree that:
- all of the content and information posted by You the Site, including but not limited to: (a) photographs or images; (b) comments, questions and/or answers; and (c) any other content (collectively, the “ Content ”) is Yours and, upon posting, shall be the sole and exclusive property of Ours, and that You have no right to reproduce, post, publish, or otherwise use such Content other than for Your personal use relating to Your Service request;
- any Content You post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize Us, without compensation to You or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason;
- to the fullest extent permitted under applicable law, You waive and forever release and covenant not to assert any intellectual property, moral or other rights that You may have in any Content posted or provided by You on the Site;
- You hereby grant Us and Our users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to Your Content in any format or media (whether now know or hereafter created) on the Site or other medium in any manner that We deem appropriate or necessary, including, if submitted, Your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason; and
- by posting or providing any Content to Us, You represent and warrant to Us that You own or have all necessary rights to use the Content, and grant to Us the rights granted herein. The forgoing representation includes, but is not limited to, a representation and warranty that You own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that You provide. In addition, if You post or otherwise provide any Content that is protected by copyright, You represent that You have obtained any necessary permissions or releases from the applicable copyright owner.
- Disclaimers . We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- LIMITATION OF LIABILITY . IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PROVISION THE SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE, IF ANY.
The limitation of liability set forth above shall: (a) only apply to the extent permitted by law and (b) not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.
- Product Liability . We will not have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against Us giving rise to any liability) for any claims and/or losses arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by a Service Provider related to the Services provided through the Site.
- Privacy . We respect Your privacy and are committed to protecting it. Our Privacy Policy ,/terms-of-use/privacy-policy governs the processing of all personal data collected from You in connection with Your use of the Site and/or the Services.
- INDEMNIFICATION . YOU AGREE TO INDEMNIFY US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SITE AND OR RECEIPT OF THE SERVICES PROVIDED THEREUNDER, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- Governing Law and Jurisdiction . This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio. The Site is controlled and operated within the United States. We make no representation, warranties, or other promises that the Site and/or Services are accessible in any other country, or that the Site and/or Services comply with the laws of any jurisdiction. Your use of the Site and/or Services in a jurisdiction outside of the United States may subject you to legal obligations or penalties and We are not responsible for any potential obligations or liability you may assume by accessing the Site and/or utilizing the Services outside the United States.
- DISPUTE RESOLUTION AND BINDING ARBITRATION.
- YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OUR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“ AAA ”) in accordance with the Consumer Arbitration Rules (the “ AAA Rules ”) then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY . The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Us may be commenced only in the federal or state courts located in Summit County, Ohio. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Assignment . You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers . The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of
- No Third-Party Beneficiaries . These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You . We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your ema il address current.
- To Us . To give us notice under these Terms, you must contact us as follows: (i) by email to or (ii) by personal delivery, overnight courier, or registered or certified mail to Project Quote, LLC PO Box 217 Clarkson, KY 42726 P: 646.389.2610. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability . If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement . These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.