Terms & Conditions
Last updated: May 18, 2026 · Effective: May 18, 2026 (new accounts) / June 17, 2026 (existing accounts)
These Terms and Conditions ("Terms") govern your access to and use of the LotQuote.io website and the LotQuote application (collectively, the "Service") operated by LotQuote ("we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms.
Notice to existing subscribers — material updates effective June 17, 2026. These Terms reflect material updates to the prior version dated May 10, 2026. The most significant change is the addition of Section 20 (Dispute Resolution: Binding Individual Arbitration & Class Action / Jury Trial Waiver), which replaces the prior court-based dispute resolution provisions. This section requires that most disputes between you and LotQuote be resolved through individual arbitration rather than in court, waives the right to a jury trial, and waives the right to participate in class actions. You have a 30-day right to opt out of the arbitration agreement by following the procedure in Section 20.3.
Other updates include a TCPA consent disclosure (Section 22) for marketing calls and text messages, clarifications throughout, and updated effective dates.
For accounts created on or after May 18, 2026, these updated Terms apply immediately upon registration. For subscribers with active accounts created before May 18, 2026, the prior Terms remain in effect until June 17, 2026, on which date these updated Terms become binding, unless you affirmatively accept the updated Terms earlier (for example, by clicking "Accept" on an in-app or email notice). If you do not agree to the updated Terms, you may cancel your subscription before the effective date in your account settings, and your access will continue under the prior Terms until the end of your current billing period.
1. Account Registration
To use certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update that information as needed.
2. Subscription Plans & Billing
LotQuote offers the following subscription tiers, billed monthly:
- Basic ($49/mo): Satellite map and manual count tools, estimate builder, branded PDF proposals, invoice generation and PDF export, customer CRM, and unlimited estimates.
- Pro ($99/mo): Everything in Basic, plus work order PDF generation, QuickBooks sync (estimates and invoices), and Jobber sync.
- Ultimate ($149/mo): Everything in Pro, plus PDF blueprint upload and measurement tools, multi-page plan support, signage and count tools on blueprints, and access to AI stall and marking detection (currently in Beta).
- Enterprise ($300/mo): Everything in Ultimate, plus up to 8 team members, shared price lists, job costing, invoicing with approval workflows, the LotQuote Client Portal, client service request management, and a team admin dashboard.
Subscriptions are billed in advance on a monthly basis and auto-renew unless cancelled before the renewal date. All pricing is in USD. We reserve the right to adjust pricing with reasonable notice. Early Access pricing is locked for subscribers who join during the Early Access period.
3. Invoicing Feature
The invoicing feature allows you to generate and export invoice PDFs from approved estimates. Invoices created in LotQuote represent records of work agreed upon between you and your client. LotQuote is not a party to any transaction between you and your clients. You are solely responsible for the accuracy of invoice amounts, tax calculations (if applicable), and compliance with applicable billing laws in your jurisdiction. Payment processing for client-facing invoices, if enabled, is handled by Stripe subject to Stripe's own terms.
No Tax, Accounting, or Legal Advice. The Service is a document generation and estimating tool, not a financial advisory, accounting, or legal service. LotQuote does not provide tax, accounting, or legal advice. Any tax rates, line-item subtotals, or invoice totals computed within the Service are provided as a convenience based on values you enter, and may not reflect the correct tax treatment for your jurisdiction, your customer, or the type of work performed. You are solely responsible for ensuring that your invoices, estimates, and proposals comply with all applicable federal, state, and local tax and regulatory requirements, and you should consult a qualified tax professional or attorney for advice specific to your business.
4. Work Orders
Work order PDFs generated through the Service — including satellite map snapshots, polygon overlays, pin markers, and material calculations — are provided as operational tools to assist your crew and clients. You are responsible for verifying all measurements, quantities, and job details before relying on them for field work or client-facing documentation.
5. Client Portal
The LotQuote Client Portal (clients.lotquote.io) allows contractors to share estimates, proposals, and invoices with property manager clients via magic link authentication. By inviting a client to the portal, you represent that you have the authority to share that client's data within the Service and that the client has consented to receiving communications from LotQuote related to your work. Clients may use the portal to view documents, approve proposals, and submit service requests. LotQuote is not responsible for any disputes arising from client approvals or service requests made through the portal.
6. Enterprise Team Accounts
6.1 Team Seats. Enterprise plan subscribers may invite up to 8 team members to a shared company workspace. The account owner is responsible for all activity by team members within the workspace, including estimates, proposals, invoices, and client interactions. Team members must each agree to these Terms. The account owner may remove team members at any time. Shared price lists, job costing data, and company settings are visible to all team members within the workspace.
6.2 Single Business Entity. Enterprise subscriptions are licensed to a single business entity. A "business entity" means a single legal business operating under one trade name, whether organized as a sole proprietorship, LLC, corporation, partnership, or other legal form. Subsidiaries, divisions, and DBAs of the same parent entity qualify as a single business. Distinct businesses that share only ownership relationships, management relationships, or referral arrangements do not.
6.3 Seat Usage. Each user seat must be used by an individual who is (a) an employee of the account holder, (b) an independent contractor working primarily for the account holder's business, or (c) an authorized agent acting on the account holder's behalf. Seats are not transferable between distinct businesses.
6.4 Prohibited Sharing. The following uses violate these Terms:
- Using Enterprise seats to service customers of businesses other than the account holder's
- Sharing Enterprise access among independent contractors who primarily operate their own separate businesses
- Reselling, licensing, or transferring Enterprise access to third parties
- Using multiple distinct business names, logos, or brand identities on materials generated through a single Enterprise account
6.5 Audit Rights. LotQuote reserves the right, upon reasonable suspicion of violation of Sections 6.2 through 6.4, to request documentation establishing that Enterprise account seat holders are bona fide employees, contractors, or agents of a single business entity. Failure to provide reasonable documentation within 14 days of written request is grounds for suspension or termination of the account under Section 17.
6.6 Consequences of Violation. Violations of this Section 6 are grounds for immediate termination of the Enterprise subscription without refund of prepaid fees. Data associated with terminated accounts will be retained for 30 days post-termination, consistent with Section 17, to allow export.
7. AI Detection (Beta)
The AI stall and marking detection feature is currently in Beta and is available exclusively on the Ultimate and Enterprise plans. Detection results are generated by a machine learning model and are approximations based on satellite imagery. Results may not reflect actual on-the-ground conditions. You use AI detection entirely at your own risk. You are solely responsible for verifying detection output before using it in estimates, proposals, material orders, or any other business decision. LotQuote makes no warranty as to the accuracy, completeness, or reliability of AI detection results. Beta features may be modified, restricted, or discontinued at any time without notice.
8. Third-Party Integrations
The Service integrates with QuickBooks (Intuit), Jobber, Google Maps Platform, and Stripe. Your use of these integrations is subject to each provider's own terms of service and privacy policies. LotQuote is not responsible for the availability, accuracy, or changes to third-party services. OAuth tokens for QuickBooks and Jobber are stored securely on a per-user basis and are never shared between accounts.
9. Detection & Measurement Disclaimer
All estimation tools in LotQuote — including manual counts, satellite map measurements, blueprint measurements, and AI detection — are provided as estimating aids only. Results are approximations and may not reflect actual field conditions. You are solely responsible for verifying all counts, measurements, and conditions before submitting proposals, generating invoices, or performing work.
Field Verification Required. You agree to perform a physical site visit, manual field verification, or other independent confirmation of all measurements, quantities, and site conditions before relying on the Service for the purchase of materials, the commencement of labor, the submission of binding bids, or any other business decision involving material cost, time, or risk. The Service is not a substitute for on-site inspection by a qualified professional.
10. Acceptable Use
You agree not to: use the Service for any unlawful purpose; attempt to reverse-engineer, decompile, or extract source code from the Service; resell, sublicense, or redistribute the Service without written consent; use automated means to access the Service in ways that exceed normal usage; upload malicious code or interfere with the Service's operation; share login credentials with individuals outside your authorized team.
11. Intellectual Property & Customer Data
The Service — including its design, code, AI models, and branding — is owned by LotQuote and protected by applicable intellectual property laws. Content you create using the Service (estimates, proposals, invoices, work orders, customer data) remains your property. You grant LotQuote a limited license to store and process that content solely to provide the Service to you.
No Guarantee Against Data Loss. While we employ industry-standard backups, redundancy, and security practices, we do not guarantee that your content will never be lost, corrupted, or temporarily inaccessible. We strongly recommend that you maintain independent backups or exports of all critical business data — including estimates, customer records, invoices, and blueprint files — using the Service's export features (PDF, CSV, and integration sync to QuickBooks or Jobber). LotQuote is not liable for any business losses resulting from data loss or corruption, except as set forth in Section 14.
12. Refunds & Cancellation
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access to paid features until that date. All subscription fees are non-refundable, including unused portions of the current billing period and prepaid fees for terminated Enterprise accounts. We do not provide pro-rated refunds for mid-cycle cancellations, downgrades, or removed team seats. In our sole discretion, we may issue refunds in exceptional circumstances (such as duplicate charges or extended Service outages), but doing so does not obligate us to issue future refunds.
13. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, LotQuote expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising out of course of dealing or usage of trade.
LotQuote does not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components; that defects will be corrected; that the results obtained from use of the Service will be accurate or reliable; or that any measurements, AI detections, satellite imagery, or third-party data accessed through the Service will be accurate, complete, or current. You assume the entire risk arising from your use of the Service.
14. Limitation of Liability
To the maximum extent permitted by law, LotQuote, its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to lost profits, lost revenue, lost business opportunity, lost contracts, cost of substitute services, data loss, or business interruption — arising out of or in connection with your use of the Service, the invoicing features, the client portal, AI detection results, third-party integrations, work orders, blueprints, satellite measurements, or these Terms, regardless of the legal theory (whether in contract, tort, negligence, strict liability, or otherwise) and even if LotQuote has been advised of the possibility of such damages.
In no event shall LotQuote's total aggregate liability to you for all claims arising out of or relating to the Service or these Terms exceed the total amount you paid to LotQuote in the twelve (12) months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, LotQuote's liability is limited to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify and hold harmless LotQuote from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: your use of the Service; your violation of these Terms; invoices or proposals you send to clients; client portal interactions; or your team members' actions within the Service.
16. Force Majeure
LotQuote shall not be liable for any failure or delay in performance of the Service, in whole or in part, resulting from causes beyond its reasonable control, including but not limited to: outages, failures, or degradations of upstream service providers (including Supabase, Railway, Vercel, Stripe, Google Maps Platform, QuickBooks/Intuit, and Jobber); internet, telecommunications, or hosting infrastructure failures; cyberattacks, denial-of-service attacks, or other malicious third-party activity; acts of God, natural disasters, fire, flood, or severe weather; war, terrorism, civil unrest, or governmental action; pandemics, epidemics, or public health emergencies; labor disputes; or changes in law. Such events do not constitute a breach of these Terms, and LotQuote will use commercially reasonable efforts to restore the Service as soon as practicable.
17. Termination
We may suspend or terminate your access at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination, your right to use the Service ceases immediately. You may export your data prior to account closure. Account data is retained for 30 days post-termination to allow data export, after which it may be permanently deleted in accordance with our Privacy Policy.
18. Data & Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
19. California Subscribers & Auto-Renewal Disclosure
This section applies to subscribers residing in California and is provided in compliance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 et seq.) and similar laws in other states.
- Automatic Renewal. Your LotQuote subscription will automatically renew on a monthly basis at the then-current rate for your plan tier, charged to the payment method on file, until you cancel.
- Recurring Charges. By subscribing, you authorize LotQuote (through Stripe) to charge your payment method for the recurring monthly subscription fee plus any applicable taxes.
- Cancellation. You may cancel your subscription at any time, with no cancellation fee, by visiting your account settings or by emailing billing@lotquote.io. Cancellation takes effect at the end of the current billing period.
- Refund Policy. Subscription fees are non-refundable as described in Section 12.
- Notice of Changes. Material changes to pricing or auto-renewal terms will be communicated to you at least 30 days before they take effect, as set forth in Section 21.
20. Dispute Resolution: Binding Individual Arbitration & Class Action / Jury Trial Waiver ("Arbitration Agreement")
References to "LotQuote," "you," "we," and "us" in this Section 20 include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries, and affiliates, and the agents, employees, licensees, licensors, and providers of content of any of the foregoing as of the time your or our claim arises.
20.1 Mandatory Individual Arbitration
Any dispute, claim, or controversy arising out of or relating in any way to your visit to, or use of, the Service, the Website, any purchase, or these Terms — including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms and this Arbitration Agreement (collectively, "Dispute" or "Disputes") — whether such Disputes arose before or after you entered these Terms, and if not resolved through the informal dispute resolution procedure set forth in Section 20.4 below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
Covered Disputes include, without limitation, claims arising under the Telephone Consumer Protection Act ("TCPA"), the Telemarketing Sales Rule ("TSR"), state telemarketing statutes, consumer privacy laws, and related federal or state laws.
Notwithstanding the foregoing and the Class Action / Jury Trial Waiver in Section 20.2, you and LotQuote each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by LotQuote against a non-consumer, or its interactions with governmental and regulatory authorities, shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
20.2 Class Action / Jury Trial Waiver
You and LotQuote agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury and the right to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and LotQuote may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person, unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and LotQuote may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.
Unless both you and LotQuote agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action / Jury Trial Waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and LotQuote shall be deemed not to have agreed to arbitrate Disputes.
To the extent that any claims are allowed to proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction located in Gwinnett County, Georgia, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Notwithstanding the foregoing, you or LotQuote may participate in a class-wide settlement.
20.3 Opt-Out Procedures
You may opt out of this Arbitration Agreement by sending a written opt-out notice ("Opt-Out Notice") by email to legal@lotquote.io within thirty (30) days after the earlier of: (1) the date you first accessed the Service after the Effective Date of these Terms; (2) the date you first purchased a subscription or other paid feature; or (3) the date you first provided account information to the Service after the Effective Date of these Terms (the "Opt-Out Period"). The Opt-Out Notice must contain your full legal name, your complete mailing address, your email address, your phone number, and a clear statement that you wish to opt out of this Arbitration Agreement.
If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of these Terms will continue to apply to you. If you opt out of this Arbitration Agreement, you may still be bound by previous versions of any arbitration agreement you have separately agreed to with LotQuote. Opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with LotQuote. If you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement, which shall supersede and replace in their entirety all previous versions of LotQuote's arbitration agreements and class action provisions.
20.4 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution
You and we agree that good-faith, informal efforts to resolve disputes often result in a prompt, cost-effective, and mutually beneficial outcome. In the event of a Dispute, you and LotQuote each agree to send the other party a written Notice of Dispute ("Notice"). A Notice from you to LotQuote must be emailed to legal@lotquote.io. Any Notice must include (i) the claimant's full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Service, including whether you have created an account, whether you receive emails from us, and whether you have made a purchase, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized — it may concern only your Dispute and no other person's. LotQuote will send any Notice to you at the email address or mailing address it has on file for you, if any.
After receipt of a Notice, the parties shall engage in good-faith efforts to resolve the Dispute for a period of sixty (60) days (which may be extended by written agreement). Either party may request an individualized telephone or video settlement conference (which may be held after the 60-day period), and both parties (with counsel, if represented) will attend and work cooperatively to schedule the conference at the earliest mutually-convenient time.
Compliance with this Section 20.4 is a condition precedent to initiating arbitration. Any applicable limitations period (including any statute of limitations) and any filing-fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 20.4. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. If an arbitration is already pending, the arbitrator or a court of competent jurisdiction may determine whether the arbitration may be administratively stayed pending the court's determination. Nothing in this Section 20.4 limits the right of a party to seek damages for non-compliance with these procedures in arbitration.
20.5 Arbitration Rules & Forum
If the parties cannot resolve the Dispute through the informal dispute resolution procedures in Section 20.4, all Disputes shall be resolved exclusively through final and binding individual arbitration rather than in court. The parties may agree to waive hearings and resolve claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the hearing will take place as close to your residence as practicable, or at another mutually-agreed location.
All Disputes shall be submitted to ADR Services, Inc. ("ADR Services") for arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the "Rules"), except as modified by this Arbitration Agreement. ADR Services' rules are available at https://www.adrservices.com/services-2/arbitration-rules/. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. A form for initiating arbitration proceedings is available on ADR Services' website at www.adrservices.com. The party initiating arbitration must submit a certification that they have complied with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution requirements of Section 20.4 and that they are a party to this Arbitration Agreement. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). Submission of the certification is required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you may contact ADR Services at demands@adrservices.com.
ADR Batching Procedure. If 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, ADR Services shall: (i) administer the arbitration demands in at least 20 batches, with the discretion to create additional batches if ADR Services finds them necessary to facilitate efficient resolution; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services' then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach (the "ADR Batching Procedure") to facilitate the efficient resolution of claims. The ADR Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. LotQuote reserves all rights and defenses as to each demand and claimant. If any court or arbitrator determines that the ADR Batching Procedure and the batching procedure for claims administered by NAM (below) are both void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and LotQuote shall be deemed not to have agreed to arbitrate Disputes.
NAM as backup forum. If ADR Services notifies the parties in writing that it is not available to arbitrate any claim, or is otherwise unable to arbitrate any claim, that claim shall be submitted to National Arbitration and Mediation ("NAM"), www.namadr.com, for final and binding individual arbitration before one arbitrator, administered in accordance with NAM's rules and procedures then in effect, except as modified by this Arbitration Agreement. If NAM determines that there are 25 or more substantially similar claims that are allowed to be submitted for arbitration but cannot be arbitrated by ADR Services, and that are presented to NAM by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, NAM's mass filing fee structure shall apply and the arbitrations will proceed as follows: (i) NAM shall administer those claims in batches of at least 25 claims, with discretion to create additional batches as necessary; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) to the extent permissible under applicable law; and (iii) NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM's then-current fee schedule. For purposes of this NAM batching procedure, arbitrations are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. You agree to cooperate in good faith to implement this batching procedure. This batching procedure shall in no way be interpreted as authorizing class arbitrations of any kind. LotQuote reserves all rights and defenses as to each demand and claimant.
20.6 Federal Arbitration Act
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), governs its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the Rules are found not to apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of the State of Georgia, consistent with Section 21 below.
20.7 Arbitrator's Authority & Award
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator's award that has been fully satisfied shall not be entered in any court.
As in court, you and LotQuote agree that any counsel representing a party in arbitration certifies, when initiating and proceeding in arbitration, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under ADR Services' Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law.
If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction located in Gwinnett County, Georgia.
20.8 Arbitrator's Fees, Confidentiality & Individualized Relief
Arbitrator's Fees. You and we agree that arbitration should be cost-effective for all parties and that either party may engage with ADR Services or NAM (as applicable) and/or the arbitrator to address the apportionment of the arbitrator's fees.
Confidentiality. The parties agree that the arbitrator is authorized, upon either party's request, to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief. The parties agree that the arbitrator is authorized to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth in this Arbitration Agreement are found to be unenforceable with respect to a particular claim or request for relief, then, after exhaustion of all appeals, that claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.
You agree that any arbitrations between you and LotQuote will be subject to this Arbitration Agreement and not to any prior arbitration agreement, and, notwithstanding any provision in these Terms to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with LotQuote.
20.9 Opt-Out of Future Changes to Arbitration Agreement
Notwithstanding any provision to the contrary, if LotQuote makes any future change to this Arbitration Agreement (other than a change to the contact address in Section 20.4), you may reject the change by sending LotQuote an email to legal@lotquote.io within 30 days after the posting of the amended Arbitration Agreement, providing: (i) your full legal name; (ii) your complete mailing address; (iii) your phone number; (iv) if applicable, the username or email address associated with your account; and (v) a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt-out of arbitration altogether.
20.10 Severability & Survival
If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, that portion shall be deemed severable and, if possible, superseded by a valid, enforceable provision (or portion thereof) that matches the intent of the original as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid. Notwithstanding the foregoing, as set forth in Section 20.5, if any court or arbitrator determines that the ADR Batching Procedure and the batching procedure for claims administered by NAM are both void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, this Arbitration Agreement shall be deemed null and void in its entirety.
This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action / jury waiver agreements you may have entered into with LotQuote.
21. Governing Law & Venue
Subject to Section 20 (which governs the arbitration of Disputes and is governed primarily by the Federal Arbitration Act), these Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws principles. Any Dispute that is not subject to arbitration under Section 20, or that is permitted to proceed in court under Section 20, shall be resolved exclusively in the state or federal courts of competent jurisdiction located in Gwinnett County, Georgia, and you consent to the exclusive jurisdiction and venue of such courts.
22. TCPA Consent for Calls and Text Messages
By providing a telephone number during account signup or in your account settings, and by clicking "Get Quote," "Get Started," "Subscribe," "Sign Up," "Book a Demo," or any equivalent button, you expressly consent to receive marketing and informational calls and text messages from LotQuote and its affiliates, partners, and service providers at the phone number provided, including through the use of an automatic telephone dialing system, artificial or prerecorded voice, or other automated technology, even if your number is listed on any federal, state, or internal Do Not Call list. Consent is not a condition of purchase. Message and data rates may apply. Message frequency may vary. You may reply STOP at any time to opt out of text messages, or follow the opt-out instructions provided during any call to opt out of marketing calls. For text messages, reply HELP for help. Opting out of marketing communications will not affect transactional or account-related messages (such as password resets, billing notices, or service alerts).
If you do not wish to provide this consent, do not provide a phone number during signup, and contact support@lotquote.io if a phone number is otherwise required to complete signup. Disputes regarding calls or text messages are subject to the Arbitration Agreement in Section 20.
23. Changes to Terms
We reserve the right to modify these Terms at any time. For material changes — including changes to pricing, auto-renewal terms, the limitation of liability, the warranty disclaimer, or the dispute resolution provisions in Section 20 — we will provide at least 30 days' advance notice via email to the address associated with your account or via in-app notice before the changes take effect. Non-material changes (such as clarifications, typographical fixes, or contact information updates) may take effect upon posting. Continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to a material change, your sole remedy is to cancel your subscription before the change takes effect, in which case your access will continue under the existing Terms until the end of the current billing period. Changes to Section 20 (Arbitration Agreement) are additionally subject to the opt-out procedure in Section 20.9.
24. Contact
For questions about these Terms, please contact us at:
legal@lotquote.io
LotQuote — Suwanee, GA