Select Home Warranty
American Residential Warranty
ServicePlus Home Warranty
American Home Shield
All home systems and appliances will break down over time. Having a home warranty can help pay for covered repairs - and it can't be fixed then it will be replaced! It's a smart way to control costs and save time searching for reliable technicians. Home warranty companies offer a range of plans and pricing, so go with whatever checks the majority of your coverage boxes while also fitting your budget. Gather quotes from HomeWarrantyPlans.com so you can determine the best cost for your home plan that covers your prioritized items.
Start NowA home warranty is a renewable home service plan that offers repair and replacement services for applicable household appliances and major systems. Contracts and terms may vary, and coverage depends on plan selected. It does not provide the same coverage as homeowners insurance, which protects policyholders against damage to personal property and the home's structure, such as fire damage or theft.
A home warranty typically costs $450 to $900 per year, according to quotes we've requested from providers across the nation. It's important to factor in service fees when determining the price of your home warranty. These charges are an added cost each time you place a claim for service. The range of service call fees typically falls within $60 to $125.
HomeWarrantyPlans.com works with top providers in the home warranty and residential service contract industry. In just a couple of minutes, we can connect you to quotes from companies in your area giving you all the plan details, prices, and specifics. See all of the coverage options in your area in just a few easy steps. You can conveniently receive multiple competing quotes where you can choose the best deal for your family. Our mission is to make shopping for your home protection plan easy, convenient, and more enjoyable.
This privacy notice for Home Warranty Plans ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
• Visit our website at https://www.homewarrantyplans.com, or any website of ours that links to this privacy notice
• Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at admin@homewarrantyplans.com
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Home Warranty Plans and the Services, the choices you make, and the products and features you use. Click here to learn more.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by filling out our data subject request form available here: http://www.homewarrantyplans.com/request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us.
In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
• names
• phone numbers
• email addresses
• mailing addresses
Sensitive Information. We do not process sensitive information.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information - such as your Internet Protocol (IP) address and/or browser and device characteristics - is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below).
• To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
• To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:
• Affiliate Marketing Programs
• Order Fulfillment Service Providers
• Ad Networks
We also may need to share your personal information in the following situations:
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API).
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
4. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services, but are not affiliated with, our Services.
The Services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at admin@homewarrantyplans.com
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you - for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
• Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
If you have questions or comments about your privacy rights, you may email us at admin@homewarrantyplans.com
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Identifiers, Personal information categories listed in the California Customer Records statute, Geolocation data.
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
• Receiving help through our customer support channels;
• Participation in customer surveys or contests; and
• Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
Home Warranty Plans collects and shares your personal information through:
• Targeting cookies/Marketing cookies
• Social media cookies
• Beacons/Pixels/Tags
• Click redirects
• Social media plugins
More information about our data collection and sharing practices can be found in this privacy notice.
You can opt out from the selling of your personal information by disabling cookies in Cookie Preference Settings and clicking on the CA Residents - Do Not Sell My Personal Info link on our homepage. Individuals with a disability which interferes with their ability to submit an opt-out request hereunder may contact us by mail:
homewarrantyplans.com
ATTN: California Resident Opt-out
2248 Broadway #1214
New
York, NY 10024
United States
If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
Home Warranty Plans has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
• Identifiers, such as contact details like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
• Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.
• Geolocation data, such as device location.
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?".
Home Warranty Plans has sold the following categories of personal information to third parties in the preceding twelve (12) months:
• Identifiers, such as contact details, like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
• Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.
• Geolocation data, such as device location.
The categories of third parties to whom we sold personal information are:
• Affiliate Marketing Programs
• Retargeting Platforms
• Ad Networks
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
• the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to reidentify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
• You may object to the processing of your personal information.
• You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
• You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
To exercise these rights, you can contact us at:
Home Warranty Plans
Attention: Legal Department
2248 Broadway #1214
New
York, NY 10024
or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at admin@homewarrantyplans.com or by post to:
Home Warranty Plans
2248 Broadway #1214
New York, NY 10024
United
States
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: http://www.homewarrantyplans.com/request.
We collect personal information about consumers in the following categories: identifiers; information that identifies, relates to, describes, or is capable of being associated with, a particular individual; internet or other electronic network activity information; and geolocation data. The personal information collected is used for the following business or commercial purposes: 1) to provide you with the ability to access and interact with the Site; 2) personalize and improve the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site; 3) to provide you with information that you may request and fulfill requests submitted through the Site; 4) to track consumer interaction with the Site and with our email advertisements (counting ad impressions, verifying positioning and quality of ad impressions); 5) for advertising/marketing services, including affiliate marketing; 6) to detect security incidents, or protect against malicious, deceptive, fraudulent, or illegal activity; 7) to debug to identify and repair errors that affect functionality; 8) for short-term, transient use; 9) for customer service; 10) for analytics, internal research and business purposes; 11) to verify and maintain quality or safety on the Site; and 12) for legal compliance.
If you are a California resident, under the California Consumer Privacy Act ("CCPA"), you have the right to opt-out of the sale of your personal information. To submit a request to opt-out of the sale of your personal information, complete the information requested in the form below and click on the "Do Not Sell My Personal Information" link https://www.marketingtancs.com/ca-opt-out.php. To process your request to opt-out, we may require that you submit the following information in conjunction with your request: your name, address, email address, and phone number.
If you are a California resident, under the California Consumer Privacy Act ("CCPA"), you have the right to opt-out of the sale of your personal information. To submit a request to opt-out of the sale of your personal information, complete the information requested in the form below and click on the "Do Not Sell My Personal Information" link https://www.marketingtancs.com/ca-opt-out.php. To process your request to opt-out, we may require that you submit the following information in conjunction with your request: your name, address, email address, and phone number.
Individuals with a disability which interferes with their ability to submit an opt-out request hereunder may contact us by mail:
ATTN: California Resident Opt-out
96 Craig Street, Suite 325
Ellijay, GA, 30540
General Website User and Attendee Terms & Conditions
LAST UPDATED: 16/12/2022
Home Warranty Plans refers to (the "Website", "company", "we", "our", and/or "us").
PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THESE TERMS AND CONDITIONS ALSO GOVERN THE RIGHTS OF THE COMPANY AND ITS AGENTS AND EMPLOYEES TO CALL, TEXT MESSAGE, AND EMAIL ON BEHALF OF US AND OUR ADVERTISERS.
Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), You indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. By signing up for any service offered, you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with us, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.
Modification of Terms. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after Last Updated at the beginning of this Agreement. You agree that yo continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Websites homepage.
Rules of Conduct.
You must be at least 18 years old to use the Site.
You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site.
You must not remove any copyright, trademark or other proprietary rights' notices from the Site or materials originating from the Site. You must not frame or mirror any part of the Site without our express prior written consent.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You must not create accounts with the Site through unauthorized means, including by using an automated device, script, bot, spider, crawler or scraper.
You must not solicit, collect or use the login credentials of other Site users.
You must not use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
You must not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Site, including copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Site.
You must not interfere or disrupt the Site or servers or networks connected to the Site Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Site page is rendered or displayed in a user's browser or device.
You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
You must not restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
You must not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Except as expressly permitted by applicable law, you must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
You must not create a database by systematically downloading and storing all or any Site content.
Your Access to and Use of the Site. Your access to and use of the Site may be interrupted from time to time, including due to technical malfunctions, periodic updating and repairs. We may, at any time, modify or discontinue all or part of the Site, charge, modify or waive any fees required to use the Site, or offer opportunities to some or all Site users. We may, in our discretion and without notice, suspend or terminate your access to the Site and to any services offered on the Site, and may remove and delete any content you have provided if we believe that your conduct or content violates or is inconsistent with this Agreement or its intent, that your conduct is disruptive, or that you have violated the law or the rights of any third-parties.
Information you submit through the Site. To use certain services on the Site, you may be required to submit information to us, including personally identifying information. Our use and disclosure of any information you submit through the Site is governed by this Agreement and our PRIVACY POLICY. You agree that all information you provide to us is true, accurate and complete and that you will not misrepresent your identify, impersonate any third-party or enter information on behalf of any third-party. You also agree to update such information regularly to keep it current.
Services and Content Offered on the Site. The Site provides you with access to certain services, such as referrals to products, services and service providers that may be of interest to you (the "Site Services"), and to certain content provided by us or by third-parties (the "Site Content"). PLEASE READ THE FOLLOWING CAREFULLY:
Requests to be Matched. We may provide you with the opportunity to submit requests (each, a "Request") for information and to be matched with home warranty providers, mortgage lenders, personal loan lenders or other service providers ("Service Providers"). A Request is not an application for credit or a request for a loan pre-qualification. Rather, a Request is an inquiry to be matched with Service Providers. The Site acts solely as a paid marketing lead generator. You understand that we are not a broker, lender, creditor for or issuer of the products featured on the Site. We do not make any decisions regarding the products and services offered by the Service Providers and does not make any loan or credit decisions. We are not your agent, nor is it the agent of any Service Provider with respect to your request for financial offerings. We may receive a marketing lead generation fee from the Service Providers.
Transfer of your information. In submitting a Request to us, both we and the Service Providers may ask for your name, address, telephone number, email and other important information to allow us and the Service Providers to verify your identity and match you to offers. In submitting a Request to be matched on the Site, you agree to allow us to transfer all of the information that you provide in connection with your Request to third-parties, including Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing, and the Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them.
In submitting a Request to be matched with Service Providers, you further expressly authorize any Service Providers with whom I am matched to share among its affiliates, loan services, and bank partners any transaction history related to your financial products or services received or serviced through such Service Provider for the purpose of evaluating me for credit.
No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your Request to the Service Providers, we have no further involvement in any transactions that occur between you and the Service Provider(s). We neither recommends nor endorses any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SERVICE PROVIDER'S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE, FOR ANY SERVICE PROVIDER'S CONTACTING OR FAILURE TO CONTACT YOU, FOR ANY SERVICE PROVIDER'S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.
No substitute for professional advice. We provide all Site Content and Site Services solely for your convenience, and such Site Content and Site Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Site Content or the Site Services. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Site Content or Site Services available through the Site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Site.
Jurisdictional Issues. The Site is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Links to third-party sites. We may provide links to external websites or resources for your convenience and reference only. We do not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against us, or its Service Providers arising out of your use of external websites or resources.
Submissions. For purposes of clarity, you retain ownership of any information, content and/or materials that you submit through the Site (each, a "Submission"). Please note, however, that we need certain rights to your Submissions to be able to make them available on the Site. Accordingly, you hereby grant to us a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and otherwise exploit such Submission, in any media now known or hereafter developed. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. Further, to the extent permitted under applicable law, you irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights it may need to provide the Site Services available through the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third-party of information voluntarily made public through any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at its sole discretion: (i) monitor, evaluate or alter Submissions before or after they appear on the Site (including through the use of automated filtering software); and (ii) refuse, reject or remove any Submission at any time or for any reason (including through the use of automated filtering software or if we determine, in its sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above).
Proprietary Rights. All of the material included on the Site, including trademarks, text, graphics, logos and service marks, is the property of ours and other parties. U.S. and international copyright laws protects all Site Content available on the Site. Your use of the Site Services and the Site Content does not transfer to you any ownership or other rights in the Site Services or the Site Content. You may download Site Content displayed on the Site for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Site Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Site Content for commercial or public purposes.
Consent to Electronic Communications. When you visit our site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you submit a request to be matched with one of our third-party lenders, please note that these third-party lenders are required by law to provide you with certain communications, notices, disclosures, information and other materials ("Communications"). These third-party lenders must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be matched with one of our third-party lenders, you affirmatively consent and agree to receive all Communications required under law electronically in accordance with the terms of HOME WARRANTY Plans E-SIGN CONSENT. PLEASE READ THE TERMS OF THE HOME WARRANTY PLANS E-SIGN CONSENT CAREFULLY.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SITE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SITE AND THE SITE SERVICES ON AN "AS IS" BASIS. WE AND THE SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE AND THE SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SITE OR SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR THE SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SITE SERVICES, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, EXCEPT AS SET FORTH IN THE SITE'S PRIVACY POLICY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SITE SERVICES. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE AND THE SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS SELLING THROUGH THE SITE OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, AFFILIATES OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While we take commercially reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD-PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
LIMITATION OF LIABILITY. WE AND THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE OR THE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WE AND THE SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY WE AND THE SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER US OR THE SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US FOR THE USE OF THE SITE WHICH IS THE SUBJECT OF THE CLAIM. IN NO EVENT SHALL THE COMPANYS AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
Indemnification. You agree to indemnify and hold us, its subsidiaries, affiliates, officers and employees, and Service Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Site, the violation of this Agreement by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. We and our Service Providers assume no responsibility whatsoever for such content or actions.
RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE US AND THE SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York, excluding New Yorks choice-of-law principles, and all claims arising out o f or relating to your use of the Website, contacts between you and us (including telephone calls and text messages), this Agreement and/or any other understanding or arrangement between you and us or any of the third-parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York, excluding New Yorks choice-of-law principles.
Arbitration; Legal Fees; No Jury Trial; No Class Actions; No Cross Claims. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, this Agreement, and/or any other understanding or arrangement between you and us or any of the other third-parties, including without limitation regarding any breach of this Agreement, any contacts between you and us (including, but not limited to, emails, telephone calls, and text message correspondence between us and you, including but not limited to, claims under the Telephone Consumer Protection Act), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and the company are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of New York, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and us , and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and us and any decision rendered shall be deemed to be the confidential information of the company and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding partys co sts and expenses, including but not limited to reasonable attorneys fees and c osts as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or the company may apply to any federal or state court sitting in the County and State of New York for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and the company each submits to the exclusive jurisdiction of such courts for such purpose. You and the company waive any right to assert any claims against the other party as a representative or member in any class or representative action. You agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of one thousand dollars ($1,000) per claim, but in no event attorneys' fees. You also agree that the company is not liable for consequential, incidental, indirect, secondary or punitive damages as you are waiving your rights to all such damages. You and the company each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate the companys damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that the company shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which the company in its sole discretion believes will cause damage to any of the third-parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of the company in connection with this Section shall be in addition to, and not in limitation of, any other remedies to which the company may be entitled under this Agreement or otherwise at law or in equity. If the company prevails in any such proceeding, we shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys fees. For purpose of this Sect ion, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of New York for the companys pursuit of such relief, without breach of the above arbitratio provision, and you and the company submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
Copyright Agent. The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners ho believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. Any notification by a copyright owner or a person authorize d to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon our actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Home Warranty Plans
Attention: Legal Department
2248 Broadway #1214
New York, NY 10024
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
Assignment. You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without our prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by us, in our sole discretion, to a third-party, and such an assignment shall inure to the benefit of such third-party or otherwise to our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your information, with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the information we have collected from you may be one of the assets so transferred.
Validity and Waiver. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of our rights or remedies, and all such rights or remedies shall still be available to us.
General. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such section. This Agreement and any additional applicable agreement between you and us sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.
