AMERICAN HOME WARRANTY COMPANY
AGREEMENT TO TERMS AND CONDITIONS OF USE
Welcome to American Home Warranty Company! We are
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Effective Date” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
American Home Warranty Company owns this Website. If you have questions about Our Website Terms and Conditions and Policies, you may contact us:
By Email: firstname.lastname@example.org
By Mail: American Home Warranty Company
1271 Glen Haven Lane
Batavia, OH 45103
The parties referred to in this Agreement shall be defined as follows:
a) AHWC, Company, Us, We: American Home Warranty Company, as the creator, operator, and publisher of the Website, makes the Website, and certain services on it (“Services”), available to users. American Home Warranty Company, Company, Us, We, Our, Ours and other first-person pronouns will refer to AHWC, as well as all employees and affiliates of AHWC;
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client;
c) Parties: Collectively, the parties to this Agreement (AHWC and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. AHWC only agrees to provide use of this Website and Services to you if you assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. AHWC assumes no responsibility or liability for any misrepresentation of your age.
4) LICENSE TO USE WEBSITE
AHWC may provide you with certain information as a result of your use of the Website or Services. Such information includes and is limited to accessing home warranty information compiled by AHWC, and other materials which may assist in your use of the Website or Services (“AHWC Materials”). Subject to this Agreement, AHWC grants you a non-exclusive, limited, non-transferable and revocable license to use the AHWC Materials solely in connection with your use of the Website and Services. The AHWC Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by AHWC are the property of AHWC, including but not limited to all information, software, text, displays, images, video and audio, the design, selection and arrangement thereof, copyrights, trademarks, trade secrets, patents, and other intellectual property (“AHWC IP”). You agree that AHWC owns all right, title, and interest in and to AHWC IP and that you will not use AHWC IP for any unlawful or infringing purpose.
These Terms and Conditions permit you to use the Website for your use only. You agree not to reproduce or distribute AHWC IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from AHWC, except as follows:
a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
b) You may store files that are automatically cached by your Web browser for display enhancement purposes;
c) If we provide desktop, mobile or other applications for download, you may download a copy to your computer or mobile device solely for your own use, provided you agree these Terms and Conditions apply to such and you agree to be bound by any end user license agreement for such applications.
You must not:
a) Modify copies of any materials from the Website;
b) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
c) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by AHWC. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
6) USER OBLIGATIONS
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password, and any additional user authentication information. You will also provide personal information, including, but not limited to, Your name, company name, phone number, email address, website address, and warranty information. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of AHWC.
a) You further agree not to use the Website:
i) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
ii) To violate any intellectual property rights of AHWC or any third party;
iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
iv) To perpetrate any fraud;
v) To publish or distribute any obscene or defamatory material;
vi) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
vii) To unlawfully gather information about others.
8) AFFILIATE MARKETING & ADVERTISING
AHWC, through the Website and Services, may engage in affiliate marketing whereby AHWC receives a commission on or percentage of the sale of goods or services on or through the Website. AHWC may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
9) PRIVACY INFORMATION
a) Information We May Collect or Receive: When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name, email address, company name, phone number, company phone number, website address, and warranty information, and user authentication information.
b) Storing Personally Identifiable Information: AHWC does not store other Personally Identifiable Information (“PII”) not mentioned in Section 9.a., or data that could be used to identify a particular person.
c) Geographic Restrictions: AHWC is based in the State of Ohio in the United States. We provide use of the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. AHWC does not participate in the outgoing transfer of information beyond the United States.
d) How We Use Information: We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing, services, and analytics, and for this, we may work with third-party providers.
e) How You Can Protect Your Information: If you would like to disable our access to passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Previously stored cookies can also be deleted through the web browser. If your web browser rejects cookies, this may reduce the functionality of the website. Please be aware that the AHWC will still receive information about you that you have provided, such as your email address.
10) ASSUMPTION OF THE RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, or financial advice, and no fiduciary relationship has been created between you and AHWC. You further agree that your use of any of the services on the Website is at your own risk. AHWC does not assume responsibility or liability for any advice or other information given on the Website.
11) HOME WARRANTY SERVICES
AHWC provides access to Home Warranty information on the Website. AHWC undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, AHWC does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such services at your own risk.
Use of the Website does not guarantee the success of any home warranty claims. The Site’s services are strictly limited to facilitating access of home warranty information to users.
12) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
13) DATA LOSS
AHWC does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
You agree to defend and indemnify AHWC and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions.
15) SPAM POLICY
You are strictly prohibited from using the Website or any of AHWC’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16) THIRD-PARTY LINKS & CONTENT
The Website may refer to other individuals or entities. Such references do not and shall not imply any endorsement or recommendation by AHWC of such individuals or entities or their products or services.
The Website may contain links to other websites. These links are supplied as a convenience and the inclusion of any link does not imply approval or endorsement or recommendation of that third party or their related information or services. Access to any other website linked to or from the Website is at your own risk. AHWC uses the third-party website PayPal to facilitate the purchase of Services, or Home Warranty information. You agree that AHWC is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or from our Website.
17) MODIFCATION & VARIATION
AHWC may, from time to time and at any time without notice to you, modify this Agreement. You agree that AHWC has the right to modify this Agreement or revise anything contained herein.
You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement and:
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations and agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
c) In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modifier Agreement.
18) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
19) SERVICE INTERRUPTIONS
AHWC may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that AHWC shall have no liability for any damage or loss caused as a result of such downtime.
20) TERM, TERMINATION & SUSPENSION
AHWC may terminate this Agreement with you at any time for any reason, with or without cause. AHWC specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of AHWC or a third-party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
21) NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” and “As Available” basis.
AHWC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY.
AHWC makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. AHWC also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. We are constantly working to ensure that the website is accurate, complete and up to date, but there is always a risk that typos, external influences and technical errors result in misleading information. This means that AHWC cannot guarantee and does not accept liability that the information is always correct, complete and up to date.
You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that AHWC is not liable for any such damage or loss.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY.
22) LIMITATION ON LIABILITY
AHWC is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23) GENERAL PROVISIONS
a) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Website or Services, you agree that access to this Website is governed by applicable federal, state (Ohio), and local laws, and these laws shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and AHWC, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Clermont, Ohio. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. You are responsible for compliance with the laws of your jurisdiction and other applicable law.
b) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Clermont, Ohio. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Ohio. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and State law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by AHWC will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assignment, sale, lease, or other transfer by AHWC, the rights and liabilities of AHWC will bind and inure to any assignees, administrators, successors, and executors.
d) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
e) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third-parties.
h) FORCE MAJEURE: AHWC is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
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