
AutoWarrantyFinder.com
(sometimes referred to as the "Website") is offered to you (the
"User") by AutoWarrantyFinder.com (the "Company") conditioned
on your acceptance without modification of the terms, conditions, and
notices contained in this "Terms of Service" section (the "Agreement").
Your use of the Website constitutes your agreement to all such terms,
conditions and notices. The Company may change the "Terms of Service"
section from time to time. By continuing to use the Website following
such modifications, you agree to be bound by such modifications to the
Terms of Service.
AutoWarrantyFinder.com is a computerized program which provides a mechanism
pursuant to which consumers can obtain information regarding auto warranty
providers and brokers. AutoWarrantyFinder.com is not an auto warranty provider
or broker and does not make loans or credit decisions in connection with
loans or service contracts. The Company is not an agent of the User or
any participating auto warranty provider or broker.
The listing of companies on the Website, and/or your ability to "click-through"
to another website from the Website, or the forwarding of your information
form to a participating auto warranty provider or broker, does not constitute
a referral. Information contained on the Website is provided for general
informational purposes. You may choose to use or not to use the information
contained on the Website. AutoWarrantyFinder.com does not recommend, refer,
advise, or prefer individuals to use any particular company. In all cases,
you should make your own judgments as to which service providers to use.
The auto warranty provider or broker is solely responsible for its services
to you, and you agree that the Company shall not be liable for any damages
or costs of any type arising out of or in any way connected with your
use of any auto warranty provider or broker's services.
The information form you submit is NOT an application for a warranty
or service contract. It is a request for auto warranty provider or broker
information. You will have to complete an application with an auto warranty
provider or broker before they will extend a loan offer to you. The Company
does not guarantee that the warranty terms or rates offered and made available
by participating auto warranty providers or brokers will be the lowest
rates available in the marker or will have the best terms. Nothing contained
herein shall constitute an offer or promise for a warranty or service
contract commitment or price lock-in agreement.
The Company does not charge the User any fees for its services. The Company
receives its compensation from advertisers on the Website and from auto
warranty providers or brokers for goods, services and/or facilities actually
provided by the Company. The Company's compensation from auto warranty
providers or brokers varies according to quantity and filtering requirements.
ONCE YOU HAVE SUBMITTED THE FORM, THE INFORMATION CONTAINED ON THE FORM
MAY BE FORWARDED TO UP TO THREE WARRANTY PROVIDERS OR BROKERS, AND THOSE
AUTO WARRANTY PROVIDERS OR BROKERS MAY CONTACT YOU BY TELEPHONE. BY SUBMITTING
THE FORM, YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE
CALLS FROM THESE AUTO WARRANTY PROVIDERS AND BROKERS. DO NOT SUBMIT THE
FORM IF YOU DO NOT CONSENT TO BEING CALLED BY THE AUTO WARRANTY PROVIDERS
OR BROKERS THAT OBTAIN YOUR INFORMATION.
Your information form will be forwarded to up to three auto warranty
providers or brokers, who will make certain disclosures to you. However,
Company (and its participating auto warranty providers and brokers) does
not guaranty that any auto warranty provider or broker will contact you.
Whether an auto warranty provider or broker contacts you is based upon
a neutral filtering process administered by AutoWarrantyFinder.com, and
the decision of the participating auto warranty provider or broker.
User promises that all of the information User has provided on its information
form is true and complete. User authorizes the Company to forward User's
information to its network of participating auto warranty providers and
brokers. User understands that these persons may keep User's information,
whether or not User completes a warranty or service contract transaction
with them.
Nothing in the Website constitutes an offer, promise or otherwise, either
to make a specific offer or that any participating auto warranty provider
or broker will make any offer for any purpose or on any specific terms.
All decisions related to the offer are made by the participating auto
warranty provider or broker in the course of its normal business operations,
and any applicable offerings are made to qualified applicants in separate
contracts and related documents which are required by applicable state
and federal laws of the United States of America. Warranty and service
contracts may only be made to residents of states where participating
auto warranty providers and brokers are licensed and/or authorized to
make such offers. By acquiring your information through the Website, participating
auto warranty providers or brokers are not attempting to make offers outside
their authorized states or country.
The Company reserves the right to change any information on the Website,
including but not limited to, revising and/or deleting warranty products
or related information as offered by participating auto warranty providers
or brokers without prior notice. The Company further reserves the right
to discontinue the offering of warranty products or related information
in any specific state.
You acknowledge and agree that you must: (a) provide for your own access
to the World Wide Web and pay any service fees associated with such access,
and (b) provide all equipment necessary for you to make such connection
to the World Wide Web, including a computer and modem. By using the Website,
including any applets, software, and content contained therein, you agree
that use of the Website is entirely at your own risk.
THE WEBSITE, ITS USE AND THE SERVICES THAT THE WEBSITE PROVIDES IS PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY
WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE
POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR
AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS
SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED
TO THE WEBSITE, ITS USE AND/OR THE SERVICES THAT THE WEBSITE PROVIDES
OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE
COMPANY, ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
The Company is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing on the Website, and is the copyright
owner or licensee of the content and/or information on the Website including
but not limited to any screens appearing on the Website. You may not download
and/or save a copy of any of the screens except as otherwise provided
in this Agreement, for any purpose. However, you may print a copy of the
information on the Website for your personal use or records. If you make
other use of the Website, except as otherwise provided above, you may
violate copyright and other laws of the United States and other countries,
as well as applicable state laws and you may be subject to penalties.
The Company does not grant any license or other authorization to any User
of its trademarks, registered trademarks, service marks, or other copyrightable
material or other intellectual property, by placing them on the Website.
You acknowledge and agree that the Company has no responsibility for the
accuracy or availability of information provided by linked sites. Links
to external websites do not constitute an endorsement by the Company of
the sponsors of such websites or the content, products, advertising or
other materials presented on such sites.
Information in the web pages that are linked to the Website comes from
a variety of sources. Some of this information comes from official Company
licensees, but much of it comes from unofficial or unaffiliated organizations
and individuals, both internal and external to the Company. The Company
does not author, edit, or monitor any of these pages or links. You acknowledge
and agree that the Company shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or
services available on such external websites or resources.
The Company may use third-party advertising companies to serve ads on
the Website. These companies may employ cookies and action tags (also
known as single pixel gifs or web beacons) to measure advertising effectiveness.
Any information that these third parties collect via cookies and action
tags is completely anonymous. If you would like more information about
this practice and your choices, click here.
Your access to and use of the Website are subject to all applicable federal,
state, local, and international laws and regulations.
Except as may otherwise be required by law, the Company adheres to the
"Privacy Policy" posted on the Website. You should be aware,
however, that a linked website may contain privacy policies that differ
from the Company's policy. Neither the Company nor its stockholders, directors,
employees, agents, successors, assigns or affiliates are responsible for
any of those other websites' provisions and expressly disclaim any liability
related to such policies.
The Company prohibits unauthorized hypertext links to the Website or the
framing of any content available through the Website. The Company reserves
the right to disable any unauthorized links or frames.
The Company reserves the right to store information on your computer in
the form of a "cookie" or similar file or device for the purpose
of modifying the Website to enhance your browsing experience and track
your website navigation preferences. If you do not wish to permit "cookies"
to be stored on your computer, you may disable them by following the instructions
provided with your browser software. If you elect to disable "cookies,"
however, please be aware that you will not be able to use certain websites
and that your browsing experience at the Company's Website and other sites
may suffer.
The Company reserves the right to seek all remedies available for violation
of the Agreement, including the right to block access from a particular
Internet address to the Website.
User agrees to indemnify and hold harmless the Company and its stockholders,
directors, employees, agents, successors, assigns and affiliates from
and against (and will pay upon demand each such person the amount of)
any and all third-party claims, demands, losses, liability, damages, or
expenses (including reasonable attorney's fees) resulting from, arising
out of, relating to or caused by any breach by User of any covenant or
other agreement of User contained in this Agreement or any breach by User
of any representation or warranty of User contained in this Agreement.
In connection with any action or proceeding that may give rise to an obligation
of User to indemnify a person as set forth above, the Company shall have
the exclusive right, at its option, to defend, compromise and/or settle
the action or proceeding, and the User shall be bound by the determination
of any action or proceeding so defended or any compromise or settlement
so effected. The remedies provided in this section are not exclusive of
and do not limit any other remedies that may be available to the Company
or any other party to be indemnified pursuant to this section.
All questions concerning the construction, validity, and interpretation
of this Agreement and the performance of the obligations imposed by this
Agreement shall be governed by the internal law, not the law of conflicts,
of the State of Maryland. Any suit, action or proceeding against either
the Company or User with regard or related to this Agreement, the rights
and obligations of the User or the Company under this Agreement, the Website,
the use of the Website and/or the services that the Website provides shall
be brought in the United States District Court for the District of Maryland
- Northern Division, located in Baltimore City, Maryland or, if federal
jurisdiction is not available, in the appropriate court of the State of
Maryland that is located in Baltimore City, Maryland. The User and the
Company hereby irrevocably consent to the jurisdiction of the aforementioned
courts. In addition, and notwithstanding the foregoing, the User irrevocably
waives, to the fullest extent permitted by law, any objection that it
may now or hereafter have to the laying of the venue of any such suit,
action or proceeding brought in any such court and any claim that any
such suit, action or proceeding brought in any such court has been brought
in an inconvenient forum. Final judgment in any such suit, action or proceeding
brought in any such court shall be conclusive and binding upon User and
may be enforced in any court in which User is subject to jurisdiction
by a suit upon such judgment.
THE COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN
ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT
OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH
PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING,
DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS
OF THE USER OR THE COMPANY UNDER THIS AGREEMENT, THE WEBSITE, THE USE
OF THE WEBSITE AND/OR THE SERVICES THAT THE WEBSITE PROVIDES.
Severability. If any provision of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall continue
to be valid and enforceable. If a court finds that any provision of this
Agreement is invalid or unenforceable, but that by limiting such provision
it would become valid and enforceable, then such provision shall be deemed
to be written, construed and enforced as so limited.
Waiver of Contractual Right. The failure of the Company
to enforce any provision of this Agreement shall not be construed as a
waiver or limitation of the Company's right to subsequently enforce and
compel strict compliance with that provision or any other provision of
this Agreement.
Parties in Interest. This Agreement shall be binding
upon, inure to the benefit of, and be enforceable by the parties to this
Agreement and their respective successors, heirs, legatees, personal representatives
and permitted assigns. No assignment, delegation or other conveyance of
this Agreement or of any rights or obligations hereunder may be made by
User (by operation of law or otherwise) without the prior written consent
of the Company. The Company may assign its rights and obligations under
this Agreement to any other party.
Headings. The headings and other captions in this Agreement
are for convenience and reference only and shall not be used in interpreting,
construing or enforcing any of the provisions of this Agreement. Common
nouns and pronouns will be deemed to refer to the masculine, feminine,
neuter, singular, and plural, as the context may require.
Entire Agreement. This Agreement constitutes the entire
agreement between the User and the Company and it supersedes all prior
or contemporaneous communications, promises and proposals, whether oral,
written or electronic, between you and the Company with respect to the
Website, the use of the Website and/or the services that the Website provides.
A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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