2. Services Offered.
2.2. No Recommendations. Any listing of Third Parties on the Website, and/or your ability to “click through” to another website from the Website, and/or the forwarding of any information that you provide to the Website to a Third Party, does not constitute a recommendation by Us. You may choose to use or not to use the information contained on the Website and/or the products and/or services provided by the Website and/or any Third Party. We do not recommend or prefer that you use any particular Third Party. Any Third Party that contacts you is solely responsible for its products and/or services to you, and you agree that We and any of our affiliates shall not be liable for any damages or costs of any type arising out of or in any way connected with your use or purchase of any Third Party’s products and/services or any act or failure to act of any Third Party. Furthermore, We do not guarantee that the terms or rates offered and/or made available to you by Us or any Third Party will be the best or lowest terms or rates available in the market.
2.4. Contacting You. By providing information on the Website, you agree that We or a Third Party may contact you by telephone, email or by U.S. mail. You further agree that, prior to being contacted by Us or a Third Party, you may be contacted by telephone by a call center that may, among other things, verify your information and confirm your interest in speaking with Us or a Third Party. By providing your information on the Website or later on any phone calls: YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS FROM THE CALL CENTERS, US AND THE THIRD PARTIES FOR THE PURPOSES DESCRIBED HEREIN REGARDLESS OF WHETHER YOU ARE ON ANY DO NOT CALL REGISTRIES. WHILE WE DO NOT DO ANY ROBO-DIALING, YOU GIVE US EXPRESS PERMISSION TO CALL YOU USING EQUIPMENT THAT COULD BE DEFINED AS AN AUTO-DIALER. DO NOT SUBMIT YOUR SELF-REPORTED INFORMATION IF YOU DO NOT CONSENT TO BEING CALLED BY A CALL CENTER, US AND/OR BY ONE OR MORE THIRD PARTIES.
2.5. Website Not an Offer. Nothing in the Website constitutes an offer or promise to make a specific service or product available to you or that any Third Party will make any service or product available to you. Please be aware that certain services or products may only be provided to residents of states where We or a Third Party is licensed and/or authorized, if required, to make such services or products available. By acquiring your information through the Website, We and the Third Parties are not attempting to sell services and/or products outside their authorized states or country. In addition, products and/or services may only be available for certain vehicles or vehicles that meet certain conditions.
3. Website Ownership. The Website, including all text, logos or graphic images, is protected by copyright and trademark laws. The Website is Our property and/or third party licensors and all rights, titles and interests in the Website shall remain with such persons. You may not download and/or save a copy of any of the Website screens for any purpose; provided, however, you may print a copy of the information on the Website for your records.
4.1. Not Endorsements. A link from the Website to another website does not mean that We endorse or accept any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. We disclaim any liability related to such sites.
4.2. Unauthorized Links. Unauthorized hypertext links to the Website or the framing of any content available through the Website is strictly prohibited. We may in our discretion disable any unauthorized links or frames.
5. Website Use Restrictions. The Website is for your personal use only. You will not (i) post on or transmit to the Website any false, defamatory, libelous, obscene, threatening, profane or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability; (ii) modify, distribute, transmit, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Website; (iii) except as expressly permitted herein, copy, display or reproduce any information obtained from the Website; or (iv) use the Website in any manner that violates any laws, regulations, orders or other legal restrictions.
6. Use Monitoring. While not obligated to monitor your use, We reserve the right to monitor your use of the Website and to restrict or terminate your use or modify or remove any information found on the Website for any reason or no reason in Our sole discretion.
8. Password. If you purchase a vehicle service contract from Us, we will issue a password to you to access details about your contract. You are not authorized to access this part of Our Website if you have not purchased a vehicle service contract.
9. Feedback. To the extent permitted by applicable law, by sending any comments or materials to Us, including but not limited to questions, suggestions, ideas, postings, comments or the like, or posting Feedback to the Website, you grant Us a perpetual, non-revocable, transferable, unrestricted, non-exclusive, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known. We have no obligation with respect to such Feedback and We are free to modify, copy, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so, all without attribution. Further, We are free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any Feedback.
10. Copyright Infringement Notices. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to [email protected].
11. Representation and Warranty Disclaimer. THE WEBSITE AND ALL INFORMATION ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH US WHICH YOU MAY VISIT THROUGH THE WEBSITE, IS PROVIDED “AS IS” AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE WEBSITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY US OR THIRD PARTIES WILL BE AVAILABLE IN ALL MARKETS OR FOR ALL VEHICLES; OR (IX) THAT THE WEBSITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY US TO MODIFY THE WEBSITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF VEHICLE SERVICE OR SIMILAR CONTRACTS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. No Class Action. Because all claims shall be resolved in arbitration per the above, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR THIRD PARTY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
16. California Waiver. While we do not currently sell any vehicle service contracts in California, if you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “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” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
17. Viewing Outside the United States. We make no claims that the Website may be lawfully viewed, accessed or used outside the United States. Access or use of the Website may not be legal by certain persons or in certain countries. If you access or use the Website from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.