Terms of Use

1. Informational and Illustrative Tool Outputs

The Services may generate or display cost-of-inaction estimates, return-on-investment calculations, time-to-value estimates, expected-value calculations, three-tier dividend models, pricing recommendations, suggested investment tiers, margin checks, value-realization summaries, proposal language, and other calculations, recommendations, projections, analyses, or content (collectively, “Tool Outputs”).

All Tool Outputs are provided solely for general informational and illustrative purposes. Tool Outputs are intended to help users organize assumptions, evaluate possible pricing approaches, and prepare proposals. They are not predictions, guarantees, valuations, appraisals, forecasts, or statements of fact about actual or future results.

Tool Outputs may be affected by the accuracy, completeness, and reasonableness of the information, assumptions, estimates, and other inputs supplied by the user or by a user’s client. The Services may also rely on methodologies, formulas, defaults, or assumptions that may not be appropriate for every business, industry, client, transaction, or circumstance. Tool Outputs may therefore be incomplete, inaccurate, unsuitable, or materially different from actual results.

2. No Guarantee of Results

PropelQuote Pro does not represent, warrant, or guarantee that any projected value, cost-of-inaction estimate, ROI figure, pricing recommendation, proposed investment amount, margin assessment, time-to-value estimate, expected value, business result, financial result, client outcome, or other Tool Output will be achieved or realized.

Actual results may vary materially from any Tool Output because of factors including, without limitation:

• Changes in market, economic, regulatory, competitive, or business conditions;
• The quality, timing, implementation, or adoption of products or services;
• The conduct, decisions, resources, or performance of the user, the user’s client, or third parties;
• Errors, omissions, or changes in the underlying data or assumptions;
• Unanticipated costs, delays, risks, dependencies, or events; and
• Factors that are unknown, outside the parties’ control, or not included in the applicable calculation.

Any example, scenario, case study, estimate, or illustration presented through the Services is hypothetical unless expressly identified otherwise. No example or scenario should be understood as a representation of typical, average, expected, or guaranteed results.

3. No Financial, Legal, Tax, or Professional Advice

The Services and all Tool Outputs do not constitute and are not a substitute for financial, investment, accounting, tax, legal, valuation, business, pricing, consulting, or other professional advice.

PropelQuote Pro is not acting as the user’s attorney, accountant, financial adviser, investment adviser, broker, consultant, fiduciary, or other professional adviser merely by providing the Services or Tool Outputs. No attorney-client, accountant-client, adviser-client, fiduciary, or other professional relationship is created between PropelQuote Pro and any user or third party through use of the Services.

Users should obtain advice from a qualified, appropriately licensed professional who understands the user’s specific facts, objectives, risks, and jurisdiction before relying on any Tool Output or making a material business, legal, tax, financial, pricing, or contracting decision. Users should have proposals, pricing claims, ROI representations, client agreements, and other important materials reviewed by a licensed attorney or other appropriate professional when review is warranted.

4. User Responsibility for Inputs and Decisions

Users are solely responsible for:

• The accuracy, completeness, legality, and appropriateness of all information and assumptions entered into or used with the Services;
• Reviewing, testing, and validating all formulas, calculations, estimates, recommendations, and other Tool Outputs before using or sharing them;
• Determining whether a particular methodology, assumption, or Tool Output is appropriate for the user’s business, client, industry, transaction, and circumstances;
• Making all pricing, proposal, contracting, financial, legal, tax, and business decisions;
• Ensuring that any statements regarding value, savings, benefits, ROI, earnings, outcomes, or expected results are truthful, not misleading, and adequately supported;
• Obtaining any consent, authorization, disclosure, substantiation, or professional review required by applicable law or contract; and
• Complying with all laws, rules, regulations, professional obligations, advertising requirements, and contractual duties applicable to the user and the user’s activities.

PropelQuote Pro does not independently verify user inputs, client-provided information, supporting evidence, or the conclusions a user draws from the Services. Users must not treat a calculation as validated merely because it was generated by the Services.

5. User-Generated Proposals and Client Communications

The Services may allow users to create, export, publish, or share proposals and other client-facing materials containing Tool Outputs. Users are solely responsible for reviewing and approving those materials before they are delivered or made available to any client or other third party.

A user’s inclusion of a Tool Output in a proposal, statement of work, presentation, website, communication, or agreement does not cause PropelQuote Pro to adopt, verify, endorse, or guarantee that Tool Output. PropelQuote Pro is not a party to any agreement between a user and the user’s client and is not responsible for the user’s representations, promises, pricing, scope, deliverables, performance, or contractual obligations.

Users must not present Tool Outputs as guaranteed results, objective facts, professional advice, or verified financial outcomes unless the user has an appropriate factual and professional basis for doing so and the representation complies with applicable law. A disclaimer does not excuse a false, misleading, unsupported, or otherwise unlawful statement.

6. Pricing Recommendations and Margin Checks

Any pricing advisor, suggested pricing tier, anchor rate, margin check, or related feature is a decision-support tool only. It does not determine the appropriate price for any product or service and does not establish that a proposed price is fair, reasonable, customary, profitable, defensible, or legally permissible.

A margin check or other warning generated by the Services is not a determination that a proposed price is too high, too low, commercially unreasonable, or supported by sufficient evidence. Users remain solely responsible for evaluating their costs, risks, capacity, market conditions, client circumstances, scope, deliverables, commercial objectives, and applicable legal requirements.

7. Reliance on Tool Outputs

To the maximum extent permitted by applicable law, users assume all risk arising from or relating to their access to, use of, or reliance on the Services and any Tool Output, including any decision to:

• Set or change a price;
• Prepare, send, publish, or accept a proposal;
• Make a representation or promise to a client;
• Enter into, modify, or terminate an agreement;
• Purchase, sell, provide, or decline to provide goods or services;
• Make a financial, tax, legal, business, or investment decision; or
• Take or refrain from taking any other action.

Users should independently evaluate the information and obtain appropriate professional advice before taking action based on the Services or any Tool Output.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL TOOL OUTPUTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, PROPELQUOTE PRO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, AND THAT THE SERVICES OR TOOL OUTPUTS WILL MEET THE USER’S REQUIREMENTS, PRODUCE A PARTICULAR RESULT, OR BE SUITABLE FOR ANY PARTICULAR BUSINESS, CLIENT, INDUSTRY, TRANSACTION, OR PURPOSE.

PROPELQUOTE PRO DOES NOT WARRANT THAT ANY TOOL OUTPUT IS CORRECT, COMPLETE, CURRENT, ERROR-FREE, OR BASED ON A COMPLETE SET OF FACTS OR ASSUMPTIONS. NO INFORMATION OR GUIDANCE PROVIDED THROUGH THE SERVICES CREATES A WARRANTY OR MODIFIES THESE TERMS UNLESS EXPRESSLY STATED IN A WRITTEN AGREEMENT SIGNED BY PROPELQUOTE PRO.

Some jurisdictions do not allow the exclusion of certain implied warranties. To the extent those restrictions apply, the exclusions in this Section apply only to the maximum extent permitted by law.

9. Limitation of Liability for Tool Outputs

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPELQUOTE PRO, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “PROPELQUOTE PARTIES”) WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, LIABILITY, CLAIM, OR EXPENSE ARISING OUT OF OR RELATING TO:

• Any Tool Output or the accuracy, completeness, suitability, availability, or reliability of any Tool Output;
• Any reliance on, use of, or inability to use a Tool Output;
• Any pricing, proposal, investment, scope, payment, contract, or business decision;
• Any representation, warranty, promise, or omission made by a user to a client or third party;
• Any failure to achieve projected value, ROI, savings, earnings, business results, or other outcomes; or
• Any professional, financial, legal, tax, accounting, or business advice not obtained by the user.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPELQUOTE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA, OPPORTUNITY, OR CLIENT RELATIONSHIPS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROPELQUOTE PARTIES ARISING OUT OF OR RELATING TO THE SERVICES, THE TERMS, OR ANY TOOL OUTPUT WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID OR PAYABLE BY THE USER TO PROPELQUOTE PRO FOR THE SERVICES DURING THE TWELVE-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

If the user has not paid any amount for the Services, the maximum aggregate liability of the PropelQuote Parties will be one hundred U.S. dollars (US$100).

The limitations in this Section apply regardless of the theory of liability, including contract, warranty, tort, negligence, strict liability, statute, or any other legal theory, and even if any limited remedy fails of its essential purpose.

10. Exceptions and Non-Waivable Rights

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law. Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, willful misconduct, or any other liability that cannot lawfully be excluded or limited.

Nothing in these Terms waives or limits rights or remedies that cannot lawfully be waived or limited, including any rights available under applicable consumer-protection, privacy, data-protection, or other mandatory laws. Where applicable law imposes a higher standard or prohibits a limitation, the relevant provision will be interpreted and enforced only to the maximum extent permitted by that law.

11. Indemnification for User Materials and Representations

To the maximum extent permitted by applicable law, the user agrees to defend, indemnify, and hold harmless the PropelQuote Parties from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• The user’s inputs, data, content, proposals, or other materials;
• The user’s use of or reliance on any Tool Output;
• Any inaccurate, incomplete, misleading, or unsupported statement made by the user;
• Any representation regarding value, ROI, savings, earnings, benefits, or expected results;
• The user’s relationship or agreement with any client or other third party; or
• The user’s violation of these Terms or applicable law.

12. Governing Law and Jurisdiction

These provisions and the user’s use of the Services will be governed by the laws of the State of Maryland and the laws of the United States applicable therein, without regard to conflict-of-law principles.

Subject to any dispute-resolution provision in the Terms, the parties agree that the exclusive jurisdiction and venue for any dispute arising out of or relating to these provisions, the Services, or any Tool Output will be the state and federal courts located in Anne Arundel County, Maryland. Each party consents to the personal jurisdiction of those courts.

If the user is located in a jurisdiction that does not permit the governing-law or jurisdiction provisions above, those provisions will apply only to the maximum extent permitted by applicable law.

13. Severability and Interpretation

If any provision of these provisions is held to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

The headings are for convenience only and do not affect interpretation. The phrase “to the maximum extent permitted by applicable law” applies to each limitation, exclusion, disclaimer, and allocation of risk in these provisions.