Terms of Use

When we say "Company," "Quote Factory," "we," "our" or "us" in this document, we are referring to Quote Factory LLC.

When we say "Services," we mean any product created and maintained by Quote Factory, whether delivered within a web browser, desktop application, mobile application or another format.

When we say "You," we mean the individual using the Services and, if you use the Services on behalf of a corporation, LLC, partnership or other business entity, then "You" shall include that business entity and any associated individuals. If you are using the services on behalf of a business or other legal entity, you are nonetheless individually bound by these Terms of Use even if your company has a separate agreement with Quote Factory.

We may update these Terms of Use in the future. Typically these changes are to clarify some of these terms. Whenever we make a significant change to our policies, we will also announce them on our company blog or within the Services.

When you use our Services you are agreeing to the latest Terms of Use. That's true for any of our existing and future products and all features that we add to our Services over time. These terms do contain a limitation of our liability.

If you violate any of the terms, we may, in our discretion, terminate your account.

Account Terms

You must provide your first name, last name, company/business name, a valid email address, a valid phone number and any other information requested in order to complete the sign-up process.

You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage caused by your failure to comply with this security obligation.

You may not use the Services for any of these Restricted Purposes:

  • Doxing: Using our products to share other peoples' private personal information for the purposes of harassment is not authorized.
  • Infringing on intellectual property: You can't use our products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.
  • Malware or spyware: If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance is unauthorized.

This list is not exhaustive. We will make changes over time.

You are responsible for all content posted and activity that occurs in your account. That responsibility includes content posted by others who either have access to your login credentials or have their own logins under your account.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Freight-Related Terms

Quote Factory is not itself a Transportation Provider, i.e., a broker; motor, air or rail carrier; freight forwarder; or any other form of freight transportation provider, nor is it an agent for one.

All shipping rates, quotations and transit times are provided directly from Transportation Providers, and we are not responsible for the accuracy or completeness of that information. All shipments with a Transportation Provider participating in the Services are subject to the terms and conditions of the particular transportation provider with whom transportation has been arranged.

You must provide to us your account information related to the various Transportation Providers you wish to contact through our Services. By submitting your name, company name, email and Transportation Providers' website/Application Program Interfaces ("APIs") passwords, usernames, API credentials, account information, data and other content to Quote Factory, you are licensing that content to Quote Factory for the purpose of providing the Services. We may use and store the content in accordance with these Terms of Use and our Privacy Policy. You represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or be subject to any restrictions or limitations.

By using the Services, you expressly authorize Quote Factory to access your account information maintained by identified transportation providers, on your behalf as your agent. The Services will be directly connected to the information systems for the transportation providers you have identified. We will submit information including usernames and passwords that you provide to log into the transportation providers' websites. You hereby authorize and permit Quote Factory to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the transportation providers' websites for which you submit your information.

For purposes of these Terms of Use and solely to provide the transportation providers' websites information to you as part of the Services, you grant Quote Factory a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access transportation providers' websites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when we are accessing and retrieving account information from transportation providers' websites, we are acting as your agent, and not as the agent of or on behalf of the transportation provider that operates the transportation provider website. As your limited attorney in fact and/or agent, you authorize us to work with transportation providers on your behalf by, including, but not limited to, using their website, creating website accounts, accessing website functionality, and/or consuming web services/APIs to retrieve electronic information concerning your shipments, including, but not limited to, rates, tariffs, discount structure and/or shipment status.

You understand and agree that the Services are not sponsored or endorsed by any transportation providers accessible through the Services.

Quote Factory is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information. We assume no liability and in no event shall be responsible for any carrier and/or broker billing or tariff inaccuracies.

If you choose to use any FedEx transportation provider as a carrier within our Services, please note that FedEx only assigns meter numbers to its customers who (a) successfully complete the FedEx customer registration process in accordance with the FedEx Program Manual, including executing FedEx's written end user license; and, (b) agree to FedEx's terms of services (including, the FedEx Services Guide, the terms of carriage, license agreement) and credit policies, as may be modified, from time to time, by FedEx in its sole discretion, prior to FedEx providing any FedEx Services; and that any FedEx customer software may only be used by such FedEx customer to ship packages on behalf of such FedEx customer.

Payment and Plan Changes

If you are using a free version of one of our Services, it is truly free: we don't ask you for your credit card and, just like for customers who pay for our Services, we do not sell your data.

For paid Services that offer a free trial, we explain our length of trial when you sign up. After the trial period, you need to pay in advance to keep using our Services. If you don't pay, we will suspend your account and it will be inaccessible until payment is made in full. If your account has been suspended for more than 30 days, we may cancel it.

If you are upgrading from a free plan to a paid plan, we will charge your card immediately. Your billing cycle will commence on the day of upgrade. For other upgrades or downgrades in plan level, the new rate commences from the next billing cycle.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all taxes, levies, or duties.

Refunds

If you are not satisfied with our services for any reason, please contact our support team and we will try our best to be fair.

Cancellation and Termination

You are solely responsible for properly canceling your account. Contact our Support team to cancel your account.

All of your content will be inaccessible from the Services immediately upon cancellation.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.

We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access your account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

On occasion we may change the pricing structure for our products. When we do that, we may exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services.

Security and Privacy

Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis.

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We will typically reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.

When you use our Services, you entrust us with your data. We take that trust to heart. You agree that we may process your data as described in our Privacy Policy and for no other purpose. The Company can access your data for the following reasons:

  • To help you with support requests you make.
  • To safeguard our products. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of any investigations we deem necessary.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Quote Factory is a "service provider", not a "business" or "third party", with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Use, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission.

Copyright and Content Ownership

All content posted on the Services must be compliant with U.S. copyright law.

We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content available via the Service.

The names, look, and feel of the Services are protected by common law and copyright © to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Use.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Disclaimer of Warranties

Your use of the Service is at your sole risk. Our Services, the information contained on or made available through our Services and any Services offered are made "as is," "as available" and with all inaccuracies. To the fullest extent permissible under applicable law, Quote Factory disclaims any and all warranties and representations and makes no warranty or representation of any kind, expressed, statutory, or implied, written or oral, including, but not limited to, those of merchantability or fitness for a particular purpose. We do not represent or warrant that the Service will meet your specific requirements. We do not represent or warrant that the Service will be uninterrupted, timely, secure, error-free, or free of computer viruses or other harmful mechanisms, that the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Services Adaptations and API Terms

We offer APIs for some of our Services. Any use of the APIs, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the APIs.

Abuse or excessively frequent requests to the Services via the APIs may result in the temporary or permanent suspension of your account's access to the APIs. The Company, in its sole discretion, will determine abuse or excessive usage of the APIs. If we need to suspend your account's access, we will attempt to warn the account owner first. If your APIs usage could or has caused downtime, we may suspend or terminate access without prior notice.

If a third-party provider has created integrations between our Services and theirs, we are not liable or accountable for any of these third-party integrations.

Privacy

The Quote Factory Privacy Policy is incorporated into these Terms of Use and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part. For additional information please see the Quote Factory Privacy Policy.

Confidentiality

You shall not directly or indirectly disclose to anyone, or use for your own benefit, or anyone else's benefit, Confidential Information as defined herein except as necessary to facilitate transactions associated with using or subscribing to the Services. "Confidential Information" shall include (but is not limited to) business and/or marketing and sales plans, financial information, trade secrets, intellectual property, names, contacts, personal information, shipping or other logistics information or requirements, billing amounts, or pricing information. Confidential Information may be disclosed orally, visually or in tangible form (whether by document, electronic media, or other form). The failure to mark, label or identify any of the above-described information as confidential shall not affect its status as part of the Confidential Information. Quote Factory expressly agrees not to disclose to any third parties any transportation provider rate, service and/or pricing practice information it becomes aware of through its provision of Services. Notwithstanding any provisions in these Terms of Use to the contrary, we may use your content for analytical purposes so long as we shall cause the content to be made anonymous as to source and/or applicability, and further cause it to become anonymous and generalized by removing from the data any and all information identifying it as your content. You grant us the right to use, copy, manipulate, distribute, and develop your anonymous and generalized content and make it available to other shipper customers, parent, subsidiary and/or affiliated companies, and/or third parties.

Limited Liability

Except up to the amount paid by you for the Services within the past six (6) months preceding any claim, you expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible; (i) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (ii) unauthorized access to or alteration of your transmissions or any other matter relating to the Services, whether as a breach of contract, any misclassification of freight, tort (including negligence whether active or passive), or any other theory of liability.

Indemnification

You agree to defend, indemnify, and hold harmless Quote Factory and all of its respective directors, officers, employees, agents and vendors from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from the Services, your access and/or use of the Services (or any derivatives of the Services offered to you) or any use under your username and password whether or not authorized by you, your fraud, violation of law or willful misconduct, and any breach by you of these terms and conditions, including, but not limited to, your use of our website, uploading, emailing, posting, publishing, transmitting or submitting any content, or any misrepresentation, breach of warranty or certification made by you.

Unenforceable Terms

In the event any terms or conditions are determined to be invalid or unenforceable, no other terms or conditions shall be affected and the unaffected terms and conditions shall remain valid and enforceable as written. The representations, rights and obligations hereunder shall survive relief and termination for any reason.

Governing Law and Exclusive Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Kansas, without reference to its conflict of laws rules. You hereby expressly submit and consent to exclusive personal jurisdiction and exclusive venue of the federal and state courts of competent jurisdiction in the State of Kansas. Any litigation shall be filed in the District Court of Johnson County, Kansas or in the United States District Court for the District of Kansas, in Kansas City.

Supplementary Agreement

If you enter into a separate supplementary contractual arrangement with Quote Factory, that agreement will take precedence over any inconsistent provisions of these Terms of Use.

If you have a question about any of the Terms of Use, please contact our Support team.