The Information We Collect and How We Use That Information
During your interactions with the Site, including when you provide any self-reported information, Company collects personally identifiable information or other nonpublic personal information from you. The type of self-reported information Company may collect includes, without limitation: First and Last Name; City; State; Address; Zip Code; Work Phone; Home Phone; Email Address and Vehicle Information. We may also collect aggregate, anonymous, statistical data, such as usage, traffic patterns and user demographics based on your self-reported data. We collect this information in order to, among other things, provide you with or assist in the provision of information, services and/or products offered by Company or third parties (“Vendors”) by or through the Site.
Electronically Produced Data
Action Tags. We may employ a software technology called action tags (also known as “web beacons”, “single pixel gifs”, “clear gifs” or “web bugs”), which are similar to cookies, in order to gather information about the Site. Action tags help us identify and track the performance of web pages on the Site, therefore allowing us to measure the performance and quality of the Site and to manage Site content. In addition, Company, its advertisers and/or Vendors may use action tags in emails. This allows us to gauge the effectiveness of certain communications and the effectiveness of marketing campaigns by showing, for example, how many emails have been opened.
IP Addresses. An IP (Internet Protocol) address is a number that is assigned to your computer when you use the Internet. Company collects IP addresses and other technical information about your machine through your web browser such as your operating system, browser type and referring URL for the purposes of, among other things, system administration, to report aggregate information to our advertisers and others, and to ensure the validity of user requests.
Log Files. Like most standard website servers, we gather certain information automatically and store it in log files, which contain information such as, among other things, IP addresses, browser type, operating system, ISP, date/time stamps and referring pages. Among other things, this information allows us to track statistics and trends on an aggregate basis.
Disclosure of Information to Nonaffiliated Third Parties
Company may disclose all of the information described above under the heading “The Information We Collect and How We Use That Information” to other market participants that provide and/or that market consumer services and/or products. These nonaffiliated third parties may include, but are not limited to: (i) Vendors; (ii) retailers; and (iii) direct marketers, including without limitation e-mail marketers. These parties may compensate us for your information. We may also disclose the information to investors, potential investors, business partners and others. To the extent disclosure of any information as provided herein may not otherwise be permitted by law, by submitting any self-reported information to the Site, you consent to such disclosure.
Maintenance of Information and Security
We maintain physical, electronic and procedural safeguards to safeguard the confidentiality and security of your nonpublic personal information. We utilize what we believe to be industry standard security measures to protect the loss, misuse and alteration of nonpublic personal information under our control, and we limit access to your nonpublic personal information within our organization to those employees who need to know the nonpublic personal information to provide information, services and/or products to you. However, due to the nature of the Internet, computer networks, systems and other factors, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Company to intercept or access transmissions or private communications unlawfully, regardless of our best intentions. As such, we cannot ensure or warrant the security of any information you transmit to us, including without limitation nonpublic personal information.
Consent to Receive Notices Via the Site. By submitting any nonpublic personal information to the Site, you are agreeing that Company may deliver all privacy and opt out notices that may be required under applicable law, if any, to you electronically, including via email to the most recent email address you have provided to Company, or via posting on the Site.
Links. The Site may contain links to third party sites at which your personal information is collected and used. Your visit to any third party website is governed by the privacy and other policies applicable to that site. Company cannot control nor is it responsible for any such third party collection or use of your personal information or the content or policies of such sites, and Company expressly disclaims any liability related to such sites.
Web Logs and Other Forums. The Site may offer web logs, web postings, chat rooms, newsgroups or other forums which permit users to interact online. Any information you transmit online in such forums will be made public and Company cannot control nor is it responsible for the use any third party may make of such information.
Special Notification for California Residents. California Civil Code Section 1798.83 permits individuals who reside in California and use our Site for private, family or household purposes to request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at the email address provided below. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to such requests submitted other than to the address specifically referenced in this Section.
Opt Out Notice and Opportunity to Opt Out
As described above under the heading “Disclosure of Information to Nonaffiliated Third Parties,” we may disclose your nonpublic personal information to nonaffiliated third parties. If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties (other than disclosures required or permitted by law), you may opt out of those disclosures at any time, whether before or after you provide us with any nonpublic personal information. In other words, you may direct us not to make disclosures of your nonpublic personal information to nonaffiliated third parties (other than disclosures required or permitted by law).
Please be advised that if you resubmit nonpublic personal information to us after you elect to opt out, you will have to submit a new opt out request with respect to the resubmitted information. Also, once we provide your nonpublic personal information to a nonaffiliated third party, we cannot control how those third parties will use your nonpublic personal information; as a result, your election to opt out will not affect use by such third parties of previously disclosed nonpublic personal information.
If you wish to opt out email: Info@autowarranty123.com subject Opt Out.
AutoWarranty123.com (sometimes referred to as the “Website”) is offered to you (the “User”) by Autowarranty123.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 the time to time. By continuing to use the Website such modifications, you agree to be bound by such modifications to the Terms of Service.
Description of the Service Offered.
AutoWarranty123.com is a computerized program which provides a mechanism pursuant to which consumers can obtain information regarding auto warranty providers and brokers. AutoWarranty123.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. AutoWarranty123.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 AutoWarranty123.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.
The Company is the owner 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.
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.
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.
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.
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.