Dealer Services (sometimes referred to as the "Website") is offered to
you (the "User") by OneAutoWarranty.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.
Description of the Service Offered.
Dealer Services is a computerized program which provides a mechanism
pursuant to which consumers can obtain information regarding auto warranty
providers and brokers. OneAutoWarranty.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. OneAutoWarranty.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 OneAutoWarranty.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.
Warranties and Limitation of Liability.
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.
Proprietary Rights.
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.
Links from and to this 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.
Compliance with Laws and Regulations.
Your access to and use of the Website are subject to all applicable federal,
state, local, and international laws and regulations.
Privacy.
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.
Unauthorized Links.
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.
Use of "Cookies."
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.
Violations of Terms of Use.
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.
Indemnification.
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.
Applicable Law; Forum.
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.
Waiver of Trial by Jury.
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.
Other Terms.
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.