Terms Of Service

Effective March 3rd, 2023

Usage Overview

This website (“Site”) is operated by Federal Warranty Service Corporation, except in Florida where it is operated by United Service Protection, Inc. and in Oklahoma, where it is operated by Assurant Service Protection, Inc. (collectively “Our,” “We,” or “Us”). These terms of service (“Terms”) apply to Our Site, and any other services, including online services or that post a link to these Terms, as well as any features, widgets, plug-ins, content, downloads, or other services that are offered by Us, or through such online service or application (collectively, the “Services”). Throughout these Terms the words “You” and “Your” refer to the user visiting the Site or utilizing Our Services, and these Terms set forth the legally binding terms for Your use of the Services. By accessing or using the Services in any manner, You signify Your agreement to: (i) these Terms, (ii) Our Privacy Notice, and (iii) any other legal notices, conditions, or guidelines located within the Services. These Terms will apply regardless of how You access or use the Services, whether it be via computer, tablet, mobile device, smart watch, console or otherwise (“Device”). If You do not agree to Our Terms or Our Privacy Notice, please exit now and do not use the Services. The Services are not available to individuals under the age of 18.

You are solely responsible for ensuring that Your use of the Services is in compliance with all laws, rules and regulations applicable to You. The right to access the Services is revoked in those jurisdictions where these Terms or use of the Services are prohibited; or to the extent that the offer, sale or provision of the Services conflicts with any applicable law, rule or regulation.

Important Disclaimers

You acknowledge and agree that We have offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that (i) the warranty disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between You and Us, (ii) the warranty disclaimers and the limitations of liability set forth in these Terms form an essential basis of the agreement between You and Us, and (iii) We would not be able to provide the Services to You on an economically reasonable basis without these limitations and disclaimers.

Scope of Services

To use the Services, You must have a Device with internet access that is compatible with the Services. Certain features of the Services may not be available to all customers or available on all Devices. We do not warrant that the Services will be compatible with Your Device. Some features are only available in conjunction with a protection plan offered by Us or Our affiliates. You may use those features of the Services in connection with Device(s) owned or leased by You that are covered under one of Our or Our affiliate’s protection plans during the term of the protection plan. Some features are only available if you have created an online account with Us or Our affiliates.

Privacy Notice and Guidelines to Service

Please read Our Privacy Notice carefully for disclosures relating to the collection, use, and disclosure of Your personal information.

Modification to These Terms

We may change these Terms at any time without notice, by updating this page. Such ‎changes will be effective upon posting to this page. Please check these Terms periodically for any ‎changes. Your continued use of the Services following the posting of any changes to these Terms will ‎mean You accept those changes. We reserve the right to alter, suspend or discontinue any aspect of ‎the Services, including Your access to them. Unless explicitly stated, any new features will be subject to ‎these Terms.

Ownership and Proprietary Rights

The content, visual interfaces, information, graphics, photos, design, compilation, software (including, but not limited to, the Site), and all other elements of the Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. Materials may be patented or patent pending in the United States and other jurisdictions. All trademarks, service marks, and trade names displayed through the Services are proprietary to Us, Our affiliated companies and/or third-party licensors. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, lease, loan, resell, or otherwise exploit the Materials in any way. You agree not to disclose, publicly perform, transmit, distribute or provide the Materials to any other party. Furthermore, You may not: modify, disassemble, decompile or reverse engineer the Services and/or Materials, except to the extent that such restriction is expressly prohibited by ‎law. The foregoing license grant under these Terms is not a sale of the Materials or any copy thereof and We ‎and Our third-party licensors retain all right, title, and interest in the ‎Materials. Any attempt by You to transfer any of the rights, duties or ‎obligations hereunder, is void. We reserve all rights not expressly ‎granted herein.‎

Third-Party Sites, Products, and Services

The Services may include links to other web sites, products, offers, or services solely as a convenience to users. In the course of providing the Services, We may also make recommendations with respect to third-party services or resources that are commonly used or popular with Devices (e.g., third-party applications). We do not review or endorse any third-party sites, services, resources, or information, material, products or services contained on or accessible through other third-party sites, services or resources. Viewing a linked site, accessing and using the information, materials, products or utilizing outside services and resources is done entirely at Your own risk. Accordingly, We encourage You to be aware when You leave the Services or use a recommended resource or service and to read the terms and conditions and privacy policy of each such third-party site, service or resource that You visit or use. Furthermore, We make no express or implied warranties of any kind with regard to any information, material, products, or services that are contained on or accessible through linked sites, nor shall We be liable for any loss or damage of any kind caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party site, resource or service.

Account Information; Username and Password

To access the Services or certain features of the Services, you may be required to provide specific information and create a username and password to register an account. You agree that the information You provide to Us upon registration and at all other times will be true, accurate, current and complete, and You will keep this information accurate and up to date at all times. You are solely responsible for the security of all of your usernames, passwords, and registration information. You are responsible for all activities that occur under Your account (authorized or not). We reserve the right to suspend Your account and/or require You to alter Your password if We believe for any reason that Your password is no longer secure. The Services are not available to any users suspended or removed from the Services by Us.

YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL. YOU SHOULD NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.]

Electronic (and other) Communications

We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) via telephone call; (3) via text message or mobile message service;; or (4) any other method to the extent permissible by law. “Communications” means (i) all notices, reports, documents, disclosures or other information that We are required to provide to You by law or that are reasonably necessary to provide the Services; (ii) surveys or questionnaires seeking input or feedback on the Services; and (iii) any marketing offers We send through any of the methods identified above.

You may withdraw Your consent to receive marketing Communications electronically by using the unsubscribe link in any e-mail Communication, or by replying “STOP” to a text message You received. You agree to allow Us a reasonable amount of time to process Your request.

It is Your responsibility to provide Us with accurate contact information, including but not limited to a valid e-mail address. You must promptly advise Us of any changes in Your contact information. You will need a compatible Device with internet access to view Communications.

SMS Terms

By providing Your phone number, You allow Us or others on Our behalf to send You marketing or servicing Communications by automated SMS, MMS, text message, or other electronic means (collectively, “SMS Messages”). This isn’t required in order to purchase from Us. You represent that You’re the account holder for the phone number You provide.

  • The number of messages You’ll receive per month via automated system will vary based on the program You’ve enrolled in.
  • Message and data rates may apply.
  • If You change or deactivate Your phone number, You agree to promptly update Your account information if applicable.
  • You can unsubscribe from these SMS Messages at any time by replying “STOP.”
    • If You’ve agreed to receive multiple types of Communications, You need to cancel each one separately.
    • We may send You a final message to confirm that You’ve been unsubscribed.
    • A “HELP” reply option will also be available on some message types for additional instructions.
  • We make commercially reasonable efforts to deliver the automated SMS Messages to You through compatible wireless carriers.
  • Carriers are not liable for delayed or undelivered messages.
  • If You have any questions regarding privacy, please read Our Privacy Notice.

Monitoring of Telephone Calls, SMS and Emails

Telephone calls, text messages, and email correspondence with Us as a result of Your access to the Services, may be recorded for training, administrative and security purposes, and as otherwise permitted by law. By using such communication methods, You are consenting to such recording and/or monitoring taking place.

Payment Terms, Cancellation, and Refund Policy

Fees, if any, to be charged to You for Your use of the Services, are disclosed when You register for the Services. You agree to pay any fees due for and incurred by Your use of the Services.

Any additional fees to be charged for Your use of the Services following registration will be disclosed to You before We request payment and will be charged only after You provide Your payment details.

Cancellations and refunds are governed by the terms of your service contract. Please see your service contract terms and conditions for additional details.

Credit/Debit Card Transactions

If required by Our payment processor, if You provide Us with consent, or as required by law, We may retain the credit/debit card details You provide to Us after payment has been made. We do not maintain any security code that You may have given to Us in order to complete payment of the fees, if any. This assists in reducing credit/debit card fraud. Our payment processor is PCI-compliant. Except in exceptional circumstances, any refund We provide to You for any payment You have made by credit/debit card is made back to the credit/debit card account used to make the initial payment.]

Usage Rules and Prohibited Conduct

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT AND YOU WILL NOT ENCOURAGE OTHERS TO:

  • use the Services or any location information displayed within the Services to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others;
  • use the Services if You are under the age of 18;
  • use the Services for any commercial or non-private use without Our written consent, it being understood that the Services are intended for personal, non-commercial use only;
  • fail to deliver payment for the Services;
  • use the Services for any illegal purpose, or in violation of any local, state or national law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control, sanctions, and human trafficking;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • post, store, send, transmit, upload or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  • use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage;
  • make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other users;
  • share passwords or access to Your Device while the Services are running and/or accessible with any third party or encourage any other user to do so;
  • misrepresent the source, identity or content of information transmitted via the Services;
  • remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Services, digital rights management technologies that are integrated in the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;
  • intentionally interfere with or damage operation of the Services or any user's enjoyment of the Services, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • use any robot, spider, scraper or other automated means to access the Services for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Services or modify the Services in any manner or form, nor to use modified versions of the Services, including without limitation for the purpose of obtaining unauthorized access to the Services; or
  • sell or transfer or allow another person to access Your account password, profile, or account.

Suspension, Violations, and Termination of Service

We reserve the right, but have no obligation, to monitor Your access and use of the Services. We reserve the right to disable, suspend or terminate Your access to the Services for any reason and without any notice, unless otherwise prohibited by law. You agree that We, in the good faith belief that You have violated these Terms, may terminate any account or subscription (or any part thereof) for the Services and remove and discard all or any part of Your account at any time. You agree that any termination of Your access to the Services or any portion thereof may be impacted without prior notice, and You agree that We will not be liable to You or any third-party for any such termination nor obligated to reimburse You for payments made to Us (if any) unless otherwise required by applicable law. These remedies are in addition to any other remedies We may have at law or in equity.

User Submissions

The Services may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by You and other Users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms; (ii) You have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms; and (iii) You agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Us or Our affiliates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, You shall retain all of Your ownership rights in Your User Submissions.

By submitting a User Submission, You hereby grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission in connection with the Service and Our (and Our successors’ and assigns’) businesses, including, without limitation, for marketing or promotional purposes, in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after Your termination of Your account, the Services, or Your use of the Services. To the extent any User Submission You submit includes Your name, likeness, voice, or photograph, You acknowledge and agree that this license shall apply to the same.

For clarity, the foregoing license grant does not affect Your ownership or other license rights in Your User Submissions, including the right to grant additional licenses to Your User Submissions, unless otherwise agreed in writing. You represent and warrant that You have all rights to grant such licenses to Us without infringement or violation of any third-party rights including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting a User Submission through the Services, You are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from Our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission.

We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time We choose, in Our sole discretion, to monitor User Submissions, We nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, We do not endorse and have no control over the content of User Submissions submitted by other Users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, We reserve the right to prevent You from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

Digital Millennium Copyright Act Compliance

It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, We will promptly terminate without notice the accounts of Users that are determined by Us to be "repeat infringers." A repeat infringer is a User who has been notified by Us of infringing activity violations more than twice and/or who has had a User Submission removed from the Service more than twice.

If You are a copyright owner or an agent thereof, and You believe that any content hosted on or through the Services infringes Your copyrights, then You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Copyright Agent with the following information in writing:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
  • information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at [email protected].

You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Indemnification and Disclaimer of Warranties

You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), demands, losses and expenses (including legal and other professional fees) arising from or in any way related to Your use of the Services, and/or the Materials, any violation of these Terms, or any other actions connected with Your use of the Services and/or Materials. We ‎reserve the right, on notice to You, to assume ‎exclusive defense and control of any claim or ‎action, subject to ‎indemnification by You, without relieving You of Your indemnification ‎‎obligations hereunder. Upon learning of a claim by a third party that Your ‎use violates or ‎allegedly violates a third party’s rights, You agree to ‎promptly notify Us of any ‎such claim. You agree to ‎cooperate with Us as reasonably required in the defense of any such ‎‎claims, and You shall not in any event settle any such claim or matter ‎without the written consent ‎of Us.‎ In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to You shall not eliminate or reduce Your indemnification obligation hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE DO NOT WARRANT THAT (i) THE SERVICES OR MATERIALS WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY DEFECTS OR ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED; OR (iv) THAT THE SERVICES OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND/OR MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE, RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Documents, information, graphics and other Materials appearing on the Services may include ‎technical ‎inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such ‎documents, information, graphics or other Materials is at Your own risk.‎

SEE BELOW FOR IMPORTANT LIMITATIONS ON THE ‎TERMS OF THIS ‎SECTION.‎

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO: (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR MATERIALS; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT OR USE OF THE SITE AND/OR SERVICES IN ACCORDANCE WITH THE TERMS OF THESE TERMS; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH SERVICES AND/OR MATERIALS; OR (7) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR MATERIALS.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES AND MATERIALS, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Dispute Resolution; Arbitration

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Read the following arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action.

Arbitration of Disputes. You agree that all disputes between You and Us (whether or not such dispute involves a third party) with regard to these Terms or Your use of the Services will be resolved by binding, individual arbitration, except for disputes relating to the infringement of Your or Our intellectual property (such as trademarks, trade dress, copyright and patents) or where We are seeking a preliminary injunction (“Excluded Disputes”). To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Consumer Arbitration Rules (“Consumer Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of the AAA's Consumer Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org. Unless You and We agree, the arbitration will take place in the county and state (or equivalent political subdivision) where You live. We will advance to You either all or part of the fees of the AAA and of the arbitrator. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision, except that in no event shall this arbitration provision be amended or construed to permit arbitration on behalf of a group or class. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. This arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7.

Confidential Arbitration. You and We agree that except as may be required by law, neither You nor We may disclose the existence, content, substance, documents, or information submitted thereunder, or any results of any arbitration hereunder without the prior written consent of other party.

Class Action Waiver

Neither You nor We shall be entitled to join or consolidate claims under or relating to these Terms, ‎by or against other individuals or entities, or litigate or pursue any claim as a representative ‎member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE ‎YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ‎ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if ‎it finds such unenforceable.‎

Governing Law

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE ‎CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF ‎YOUR STATE OF RESIDENCE AS SET FORTH BELOW.‎

Exclusions and Limitations; Consumer Protection Notice‎

If You are a consumer, the provisions in these Terms are intended to be only as broad and ‎inclusive as is permitted by the laws of Your state of residence. Certain states, like New Jersey, ‎have heightened consumer protection laws that may make certain terms of these Terms ‎inapplicable to You. Specifically, if You are a New Jersey consumer, the terms of certain Sections that broadly reference applicable law, including, but not limited to those entitled Indemnification and Disclaimer of Warranties, Limitation of Liability, Governing Law, Class Action Waiver, and Severability and Waiver do not limit or waive Your rights as a consumer under New Jersey law and the ‎provisions in these Terms, as they pertain to You, are intended to be only as broad and ‎inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms shall limit or waive Your rights as a consumer under the law of Your state of residence. In any ‎event, We reserve all rights, defenses and permissible limitations under the law ‎of Your state of residence.‎

Severability and Waiver

If in any cause of action brought forth by You, in any court of law, having the jurisdiction to decide on this matter, a court rules that any provision of these Terms are invalid, then that provision will be given no effect for the limited purpose of adjudicating the cause of action, without affecting the rest of these Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Our failure to enforce any part of these Terms shall not constitute a waiver of Our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with the Terms to be binding, We must provide You with written notice of such waiver through one of Our authorized representatives.

Entire Agreement

These Terms, together with (i) any additional terms which You agree when using particular elements of the Services, and, where applicable (ii) any separate written or electronic agreement between You and Us, constitute the entire agreement between You and Us with regard to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the Services.

We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.

These Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.

BY USING THIS SERVICE, YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.

Contact Information

Please contact 1-866-761-7379 or Assurant, Attn: Amazon, 260 Interstate North Circle SE, Atlanta, Georgia 30339 with any questions or comments.