Terms

Last updated: January 1, 2023

By accessing, browsing and/or using www.GetHomeWarranty.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound to these terms (“Terms”) and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use the Site.

By using this Site, you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

Your Use of the Site

The Site contains intellectual property owned by us and other third parties. The Site hereby grants you a limited license to use the Site solely for your personal, non-commercial use, subject to these Terms. No other use of the Site is authorized, and the design and layout of the Site are specifically excluded from the above limited license. Framing of the Site is strictly prohibited.

The services, products, technology, and/or processes described and/or used on the Site may be the subject of intellectual property rights reserved by the Site or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party (including any trademarks).

You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Links and Advertisements

The Site contains links to third party websites. We accept compensation from the featured third party advertisers on the Site, which may affect the placement, order, and rating that is assigned to each featured company on the Site. Advertiser compensation may also affect the recommendations shown on the Site. However, no representations or warranties are made with respect to any information contained in or at such third party websites and there shall be no liability for any damages or injury arising from the content of such third party websites. You agree to hold us harmless from any claims which you may have against a third party that you linked to or accessed via the Site.

Policy against Advertising our Site using Unsolicited Email Messages

We require that all e-mails promoting the Site or its content are sent only to individuals who have agreed to receive such messages. We prohibit any advertising of our Site using unsolicited email messages. If you feel that you have been sent unsolicited emails promoting the Site and would like to register a complaint, please email us at [email protected]. We will investigate all allegations made related to any unsolicited messages. You may also opt-out of receiving future emails by clicking on the unsubscribe link of any email advertising the Site.

Disclaimer; Limitation of Liability

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.

Indemnification

You hereby indemnify, defend, and hold harmless the Site, its owner, affiliates, and all officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement

In the event that we determine, in our sole discretion, that you have violated these Terms, we shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to it under applicable law.

Choice of Law

The law of the State of Nevada without reference to their rules regarding conflicts of law shall govern use of the Site, the validity and construction of these Terms and the Privacy Policy, and the interpretation of the rights and duties arising under such.

Arbitration

Except as otherwise provided by applicable law, any and all controversies and disputes arising in connection with use of the Site, these Terms and Conditions, the Privacy Policy, and/or their interpretation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Las Vegas, Nevada. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the even that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION

Severability; Waiver

If for whatever reason, any term or condition in these Terms is determined to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Updates to Terms

The Site shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

Personal Data & Privacy

All personal data that you provide to us via this Site is subject to our Privacy Policy located at www.GetHomeWarranty.com/privacy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

Notices

To contact the Site with any inquiries or complaints, including any regarding these Terms, you may contact us via email at [email protected], or by mail at 600 N Broad Street Suite 5, #930 Middletown, DE 19709.

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