Terms and Conditions
- User’s Acknowledgment and Acceptance of Terms
This website, www.TheWarranty.com, and its associated sites and services (collectively referred to as “the site”) are operated and owned by The Warranty (referred to as “us,” “we,” or “our”). By using this site, you agree to comply with all the terms, conditions, and notices outlined in these “Terms of Use” and any other written agreement between us and users (referred to as “users,” “you,” or “your”). Additionally, when using specific services or materials on this site, you shall adhere to any posted guidelines or rules that may contain additional terms and conditions alongside these Terms of Use. Such guidelines or rules are hereby incorporated into these Terms of Use.
Your acceptance of these Terms of Use is bound by using this site. Should you disagree with these Terms of Use, please leave the site now. If you are dissatisfied with this site, its products, services, content, or any other information available through it, your recourse is to cease using the site and/or those specific products or services. Your compliance with these Terms of Use takes effect immediately upon commencing your use of this site.
We reserve the right to modify these Terms of Use without prior notice. It is your responsibility to periodically review the site and these Terms of Use to stay informed of any changes. Your continued use of the site after such modifications implies your acceptance of the revised Terms of Use and your agreement to abide by them.
For these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all parties involved in creating, producing, and/or delivering the site and its contents.
- Applicable Law, Jurisdiction, and Venue
Our site, excluding any linked sites, is administered by us from our offices in the State of Illinois, United States of America. It is accessible from all 50 states and various countries around the world. As each of these areas may have differing laws from those of the State of Illinois, by accessing this site, both parties mutually agree that the statutes and laws of the State of Illinois, without consideration of conflicts of laws principles and the United Nations Convention on the International Sales of Goods, shall govern all matters related to the site’s use, registration for additional information, and the purchase of products and services available on, through, or in connection with this site. Each party willingly submits to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Illinois, for any such matters. The vehicle service contracts are not available within California or outside of the United States.
- Site Conduct
As you use the site, you must abide by all applicable laws and regulations, and you bear sole responsibility for the content of your communications on the site. Posting any of the following information on this site is strictly prohibited:
– Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of someone’s privacy, tortious, explicit, or graphic descriptions of sexual acts (including violent or threatening language towards others), or any content violating our rules or policies.
– Victimizing, harassing, degrading, or intimidating individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
– Infringing on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
– Unauthorized or unsolicited advertising, spamming, chain letters, unauthorized solicitations, or any form of lottery or gambling.
– Software viruses or any computer code designed to disrupt, damage, or limit the functioning of software, hardware, or telecommunications equipment or to gain unauthorized access to third-party data or information.
– Impersonating any person or entity, including our employees or representatives.
The content uploaded or submitted by third party users on the site is not endorsed or assumed to be our liability. While we generally do not pre-screen, monitor, or edit user-generated content, we reserve the right to remove any content that, in our judgment, violates these Terms of Use, or other user conduct rules, or is harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising from content removal. For any claims of copyright, trademark, trade secret, or other proprietary rights infringement, please follow the procedures outlined in “User’s Materials” below.
Additionally, you may not use the site or your account to breach the security of another account or attempt unauthorized access to another network or server. Not all areas of the site may be accessible to you or other authorized users, and you must not interfere with anyone else’s use and enjoyment of the site or similar services. Users violating system or network security may face criminal or civil liability.
We retain the right, at our sole discretion, to terminate your use of the site and our services without prior notice for any violations of the above provisions. Furthermore, you agree to cooperate fully with investigations of violations of system or network security at other sites, including assisting law enforcement authorities in investigating suspected criminal violations.
- User’s Use of the Site and Communication of Information
When you transmit any communication or material to us through this site, whether by email or other means, please note that it will be treated as non-confidential and non-proprietary based on our Privacy Policy. While you retain all rights to such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and utilize the material for any purpose, regardless of the form or medium, both now and in the future.
We value your understanding not to submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. Additionally, please refrain from sending unsolicited ideas or proposals to us under any circumstances.
We strongly respect the intellectual property of others and ask that you do the same. If you or any user of this site believes that any posting on this site infringes copyright, trademark, or other property rights, please promptly notify our Designated Agent (details below).
For the notification to be effective, it should include:
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed.
– Identification of the copyrighted work claimed to have been infringed.
– Information to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
– Identification of the material claimed to be infringing or subject to infringing activity, with sufficient information to locate the materials.
– A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, agent, or the law.
– 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 allegedly infringed.
According to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached at the address below. Service to repeat infringers of copyright, or to users about whom repeat claims of copyright infringement are received, will be terminated.
Designated Agent for Claimed Infringement:
The Warranty
Attn: Customer Service
707 Skokie Boulevard
Northbrook, IL. 60062
Upon receiving a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party. The claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Description of Services
We are an independent company offering vehicle service contracts for sale. Details about the services offered, the costs, and the terms and conditions can be found on this site or in written and verbal communications that is exchanged. You are solely responsible for providing, at your own expense, all necessary equipment to use the services, including a computer and Internet access (including payment of telephone and cable wireless service fees for such access). Please note that Vehicle Service Contracts and Mechanical Breakdown Insurance are not available in California. The Warranty does not sell Product Warranties or Mechanical Breakdown Insurance.
We retain the sole right to modify or discontinue the site, including any features, with or without notice. We shall not be liable to you or any third party should we exercise such right. Modifications may include changes in the scope and terms of services, pricing structure, or the addition of fee-based services. Any new features enhancing the current services on this site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. Furthermore, we have no control over third-party networks you may access while using this site, and thus, delays and disruptions of other network transmissions are beyond our control.
The vehicle services available on this site are provided “AS IS,” and we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
- Payment of Fees
For vehicle services offered in connection with this site that require payment of a fee, you agree to pay all associated fees. We will bill your credit or debit card provided at activation for all charges. Recurring charges are billed in advance. You agree to provide us with accurate and complete billing information, including valid credit/debit card details, your name, address, and telephone number, and to update this information within ten days of any changes.
If your credit or debit card company refuses to pay the billed amount, we may, at our discretion, suspend or terminate your vehicle service contract and request payment through other means. We may also charge a fee for reinstating suspended or terminated accounts.
Even if you do not use the service, you agree to continue accruing charges for which you remain responsible until your vehicle service contract is terminated.
If you believe that legal action is necessary to collect any outstanding balances due, you agree to reimburse us for all expenses incurred, including attorney fees and other legal expenses.
- Disclaimer of Warranties
All materials and services on this site are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose or non-infringement. We do not warrant that:
– The services and materials will meet your requirements.
– The services and materials will be uninterrupted, timely, secure, or error-free.
– The results obtained from using the services or materials will be effective, accurate, or reliable.
– Any products, services, or information purchased or obtained through this site will meet your expectations or be free from mistakes, errors, or defects.
This site may contain technical or other inaccuracies, grammatical or factual mistakes, or typographical errors. We reserve the right to change the materials and services at any time without notice. The materials or services may be out of date, and we have no obligation to update them.
Your use of the services or downloading or acquiring materials through this site is at your discretion and risk. You agree to be solely responsible for any damage to your computer system or loss of data resulting from such activities.
As you use the site, you may engage in commercial transactions with other users and approved third-party vendors. You acknowledge that all transactions related to merchandise or services offered by any party, including purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms, are solely agreed upon between the seller or purchaser and you. We do not warrant any transactions conducted through or in connection with this site, and you understand and agree that such transactions are at your own risk. Any warranties provided in connection with products, services, materials, or information available on this site from a third party are solely provided by such third party, and not by us or any other of our affiliates.
Content available on this site represents the opinions and judgments of an information provider, site user, or other person or entity not affiliated with TheWarranty.com. We do not endorse and are not responsible for the accuracy or reliability of any opinions, advice, or statements made by anyone other than an authorized TheWarranty.com spokesperson speaking in their official capacity. Additionally, materials on this site may include sample or form agreements, letters, or other documents, such as contracts and other items (“Forms”). These Forms are provided as examples and do not constitute legal, accounting, or other professional advice. We will not be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms, or other content available on or through this site. Before using any Forms or relying on legal, accounting, or other professional advice or information obtained on this site, you are encouraged to consult an appropriate professional licensed in your jurisdiction.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Registration Data and Privacy
To obtain a free quote, you will need to complete our online registration form that requests specific information and data (“Registration Data”). It is your responsibility to maintain and update your Registration Data to keep it current, complete, and accurate. By registering, you confirm that all information provided in the Registration Data is true and accurate and grant us the right to disclose certain Registration Data about you to necessary third parties. The information obtained through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is incorporated into these Terms of Use.
- Third-Party Content
The site may display third-party content or link to other sites. We do not control this content or its creators, and you acknowledge that we are not responsible for its accuracy, legality, decency, or any other aspect of it. We are not liable for errors or omissions in references to other parties or their products and services. Including this content or links is merely a convenience and does not imply endorsement or association with the site or party by us, nor any warranty of any kind, either express or implied.
- Intellectual Property Information
Copyright © TheWarranty.com All Rights Reserved.
For purposes of these Terms of Use, “content” refers to any information, communications, software, photos, video, graphics, music, sounds, and other materials and services viewable by users on our site, including message boards and chat.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is solely the property of TheWarranty.com and/or its Affiliates. You are only allowed to use the content as expressly authorized by us or the specific content provider. Except for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site without prior written permission from us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material available on this site. Unauthorized use of materials may violate copyright, trademark, and other applicable laws, leading to criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials on this site will not infringe the rights of third parties.
All custom graphics, icons, logos, and service names on the site are registered trademarks, trademarks, or service marks of TheWarranty.com or its Affiliates. All other trademarks or service marks belong to their respective owners. These Terms of Use do not grant you any right to use any trademark, service mark, logo, or the name of TheWarranty.com or its Affiliates. Certain ideas, software, and processes incorporated into and/or available on this site and the services are protected by pending patent applications in the United States, with additional patent applications planned for selected foreign jurisdictions.
- Email Services
Our site offers email services directly or through a third-party provider. We assure you that we will not inspect or disclose the contents of private email messages unless with the sender’s or recipient’s consent, or as permitted under the Electronic Communications Privacy Act, or as otherwise mandated by law or a court or governmental order. For more details, refer to our Privacy Policy.
To protect our users from unwanted mass mailings (commonly known as “spam”) or other electronic communications inconsistent with our business purposes, we may utilize automated monitoring devices or techniques. However, please note that these methods are not infallible, and we will not be responsible for any legitimate communications blocked or any unsolicited communications that are not blocked.
If you choose to opt-out from any Email communications, please click here.
- Use of Site and Storage of Material
You acknowledge that we may establish general practices and limitations regarding the use of our site’s services, including the maximum duration content will be retained, and access frequency. You agree that we hold no responsibility or liability for the deletion or failure to store any content transmitted through this site. Accounts that are inactive for an extended period or have not paid a monthly fee may be logged off and terminated at our discretion. We reserve the right to modify these practices and limitations at any time without prior notice.
We provide storage space for various forms of communication, including descriptions, graphics, executable programs, video, and audio recordings. You must not publish any material we deem unlawful, indecent, or objectionable, as detailed in “Your Conduct on the Site.” While we generally won’t monitor your online portfolio’s content, we may exercise discretion to address complaints related to language, content, or graphics. This may involve removing images hosted on our servers, suspending or restricting access to the account, or removing content if necessary.
Please remember that this site is not intended for disaster recovery or emergency data storage. While we take reasonable precautions to protect your uploaded material, it’s important to maintain backup copies. We cannot be held liable for any damage to, deletion of, or failure to store your files, data, or Registration Data.
- Security and Password
You are solely responsible for safeguarding your password and account, if applicable, including all activities and communications made under your account. Protecting the confidentiality of your password is essential, and our personnel will never request it from you. You must not transfer or share your account with others, as unauthorized sharing may lead to immediate account termination.
- Export Controls
Software accessible on this site is subject to United States Export Controls. Downloading or exporting software to countries under U.S. goods embargo or individuals on specific lists is strictly prohibited. By downloading or using the software, you affirm that you are not in any restricted location or listed entity.
- International Use
While our site may be accessible worldwide, we cannot guarantee the appropriateness or availability of materials in locations outside the United States. Accessing our site from territories where its contents are illegal is not allowed. Users who access the site from other locations are responsible for complying with their local laws. Any product, service, or information offered in connection with this site is void where prohibited.
- Termination of Use
You acknowledge and agree that we reserve the right, at our sole discretion and with or without notice, to terminate or suspend your access to any part of the site for any reason, including, but not limited to, violation of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may result in the termination of your relationship with us and may be reported to appropriate law enforcement authorities.
In the event of termination or suspension, your access to the services on this site will cease immediately, and you understand that we may deactivate or delete your account, along with all associated information and files, and restrict further access to such content and the site. We shall not be held liable for any claims or damages arising from such termination, suspension, or any other actions taken by us in connection with it. Certain sections of these Terms of Use, including 1, 3, 5-11, 14, and 18-20, will survive termination, as well as your liability for any unpaid fees.
- Accessibility Assistance
To begin coverage, all of our options require a conversation with a customer representative. If you require any accommodation, simply reach us at 1-800-587-4162, and we’ll be happy to address your questions and fulfill any requests promptly.
Should you encounter difficulties using or accessing any part of this website, mobile app, or tool, don’t hesitate to call us at 877.759.2772 or use our click here to reach us online. We are committed to working with you to ensure that you receive the information, item, or transaction you seek through a communication method that is accessible and in compliance with applicable law.
- Communications
All notices to the Company shall be presented in writing through either email or traditional mail. To get in touch with us, kindly address your notices to Customer Service and contact us here if by email, or send them to The Warranty, Attention: Customer Service, 707 Skokie Boulevard Suite 600, Northbrook, IL 60062 through traditional mail. Notices may be sent to the email address provided for your account or to the physical address supplied as part of your Registration Data. Additionally, we may use broadcasts or messages on the site to inform you of any changes or matters of importance, and these broadcasts shall serve as notice to you.
Any notices or communication under these Terms of Use shall be deemed delivered to the receiving party on (1) the date of personal delivery; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date if sent by US mail with a return receipt requested; (4) the date of confirmed facsimile transmission; or (5) the date of confirmed email transmission.
- Entire Understanding
These Terms of Use embody the comprehensive agreement and understanding between us concerning the subject matter herein, superseding all prior agreements and understandings. They may NOT be altered, supplemented, or amended by any other document(s). Any attempt to do so or to enter an order for products or services with additional or modified terms and conditions shall be deemed null and void unless mutually agreed upon in a written agreement signed by both you and us. In cases where anything associated with this site conflicts with these Terms of Use, these Terms of Use shall prevail.
- Miscellaneous
In any action to enforce these Terms of Use, the prevailing party shall be entitled to recover costs and reasonable attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be initiated within one year after the cause of action arises, or it shall be considered forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be deemed null and void. However, we may freely assign our rights and obligations under these Terms of Use.
You agree not to engage in the commercial exploitation, sale, reproduction, duplication, copying, or misuse of any portion of this site or its access for any commercial purposes.
Furthermore, we shall be excused from liability for non-delivery or delay in delivering products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party. Such events may include but are not limited to labor disturbances, war, fires, accidents, adverse weather conditions, transportation unavailability, governmental acts or regulations, and other causes or events beyond our reasonable control, regardless of their similarity to those enumerated above.
If any part of these Terms of Use is deemed invalid or unenforceable, such portions shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, while the remaining provisions shall remain fully effective. Our failure to enforce or exercise any provision of these Terms of Use or related rights shall not be construed as a waiver of that right or provision.
- Contact Details
Unless explicitly stated on this site, the services provided through this platform are offered by The Warranty, an Illinois corporation located at 707 Skokie Boulevard Suite 600 Northbrook, IL 60062. For inquiries about users violating these Terms of Use, please contact us using the provided contact information.
- Use of Customer Communications
We reserve the right to utilize any written communication voluntarily sent by customers for various purposes, including but not limited to advertising and promotional activities.