Terms Of Use

365 Home Warranty™

“Everyday Coverage. Nationwide.”™

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use (this “Agreement”) govern the use of the 365 Home Warranty website at https://www.365homewarranty.com (the “Site”). The Site is operated and maintained by 365 Home Warranty Corp. (“365 Home Warranty”, “we”, “us” or “our”). This Agreement incorporates by reference the terms of our Privacy Policy.

Agreement to the Terms of Use

Your use of the Site constitutes your agreement to the terms of this Agreement (including, without limitation, the terms of our Privacy Policy), as well as to all applicable laws. 365 Home Warranty offers access to and the use of the Site only to those persons who so agree. If you do not so agree, you may not use the Site.

Modification of the Agreement

365 Home Warranty reserves the right, in our sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the end of the document. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.

Purpose

The Site’s purpose is to advertise the home warranty services that are provided by our administrator, and to provide information about home warranty services generally and other information that may be of interest.

Eligibility

The Site is intended solely for persons residing in the Continental United States who are 18 years of age or older. Any registration by, use of or access to the Site by anyone outside the Continental United States or under 18 years old is unauthorized, unlicensed and in violation of this Agreement. Use of the Site is void where prohibited.

Registration

Should you wish to obtain warranty services offered on the Site, you will be required to provide information about yourself and enter into a separate agreement for warranty services which may also be referred to as an Extended Service Contract (abbreviated as ESC). As our customer, you will have access to the full functionality of the Site, including the ability to manage your account, including to pay your 365 Home Warranty monthly or annual dues or set up automatic payment or renewals, to submit claims, or to request service. At all times, the information you provide will be subject to our Privacy Policy.

You are solely responsible for maintaining the confidentiality of any password associated with your account and for any and all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security, please notify us immediately via our Contact Form.

User Content

At this time, we do not permit you to post content on the Site and do not anticipate doing so in the near future. If we provide this capability in the future, we will amend these Terms of Use to specify your rights, and ours, with respect to such content. However, if you send us a testimonial or other similar content by mail or through our Contact Form, we will have the perpetual right to post such content on the Site. If we post your testimonial, we will not identify you by your last name without first obtaining your separate written permission.

Ownership and License of Intellectual Property

All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features (if any) and other material used on or incorporated into the Site (collectively, the “Content”), and the arrangement or integration of all such Content, is the protected property of 365 Home Warranty, is licensed to 365 Home Warranty by third parties, or is used pursuant to applicable copyright or other law. Please assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law, and do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.

365 Home Warranty owns all right, title and interest (including worldwide copyright) in and to the Site. We grant you a limited license to access the Site and to copy Content for your own personal, noncommercial use. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:

  • copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
  • use any of the trademarks, trade names or logos that appear on the Site; or
  • make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
  • delete or alter any Content; or
  • disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or
  • use automated means, such as scrapers, bots or spiders, to collect Content; or
  • impede or interfere with others’ use of the Site.

Third Party Content and Websites; Products and Services; No Endorsement

365 Home Warranty respects the intellectual property of others, and we ask that you do the same. The Site may contain references and links to websites that are owned and operated by third parties. We have no control over, do not endorse and do not make any representations or warranties with respect to any third party sites you may learn about or access via the Site or to any content you may find or access there. Material available on or through third party sites may be protected by copyright and other intellectual property laws of the United States and other countries. The terms of use of those websites, and not the terms of use set forth in this Agreement, govern your use of that material.

If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.

The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
  3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. information, if possible, sufficient to permit 365 Home Warranty to notify the owner/ administrator of the allegedly infringing content; and
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see Section 512 of the U.S. Copyright Act of 1976, http://www.copyright.gov/title17/92chap5.pdf). Notices and counter-notices should be sent to our Copyright Agent:

By Mail

365 Home Warranty Corp.

55 Carter Drive

Edison, NJ 08817

Attn: Copyright Agent

By email:

Contact Form.

Attn: Copyright Agent

Privacy

Your use of our site is subject to our Privacy Policy. By using the Site, you agree that you have read our Privacy Policy, that it is reasonable and acceptable to you, and that you agree to its terms.

Contact List

We have created a contact list of our customers who will receive email information from us from time to time, such as announcements of any new features or services on or available through the Site or our affiliates, as well as telephone calls for marketing purposes. You will have the opportunity to opt out of this service (1) when you register to become our customer, (2) when you receive email sent to the members of our contact list, or (3) when you receive a telephone call from us. Please note that by providing us your telephone number, you agree that we may contact you by telephone for marketing purposes, and that any calls you may receive from us or our authorized agent will not be subject to any no-call marketing lists to which you may be a party. We will not submit your personal information to third-party marketers and will use your information only as described in this Agreement and in the Privacy Policy.

Disclaimer of Warranties; Limitation of Liability

365 HOME WARRANTY CONTROLS AND OPERATES THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU HEREBY RELEASE 365 HOME WARRANTY, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnification

You will indemnify, hold harmless and, at 365 Home Warranty’s option, defend 365 Home Warranty and its parent and affiliates and each of their respective officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is prohibited by any applicable law or regulation or by these Terms of Use, as they may be amended from time to time.

Termination; Change in Service

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.

Miscellaneous

Applicable Law; Disputes

By visiting the Site, you agree that the laws of the State of New Jersey, without regard to its principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and 365 Home Warranty. Any such dispute may be heard only in the federal and state courts in the County of Middlesex, State of New Jersey, and you hereby submit to the exclusive jurisdiction and venue of such courts.

Headings

The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.

Severability

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.

No Waiver

No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by 365 Home Warranty to exercise any right or remedy shall operate as a waiver thereof.

If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us by mail at 365 Home Warranty Corp., 55 Carter Drive, Edison, NJ 08817, or through our Contact Form.

Last updated as of May 7th, 2014

Archive of previous Agreements

© 2014 365 Home Warranty Corp.

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