THIS AGREEMENT OF TERMS OF USE (this
"Agreement") is made as of this day, by and
between Century Warranty Services, Inc., their
subsidiaries and affiliates ("the Companies") and
you. This Agreement sets forth the terms and
conditions that apply to your access and use of
the Internet website owned by the Companies,
located at the URL ("CenturyWarranty.com").
This Agreement is intended to
apply to the Companies, and the website
CenturyWarranty.com.
The right to
access and use CenturyWarranty.com is personal to
you or your company and is not transferable by you
to any other person or entity. You are only
entitled to access and use CenturyWarranty.com for
lawful purposes and pursuant to the terms and
conditions of this Agreement. By accessing and
using CenturyWarranty.com (other than to read this
Agreement), you agree to comply with all of the
terms and conditions of this Agreement, including
any changes or revisions to this Agreement, which
the Companies, in its sole discretion, may make in
the future. Any action by you that, as determined
by the Companies, in its sole discretion,
restricts, inhibits or prevents you or any other
user from accessing, using or enjoying
CenturyWarranty.com shall not be permitted, and
may result in your loss of the right to access and
use CenturyWarranty.com.
Images of people or places
displayed on CenturyWarranty.com are either the
property of, or used with permission by, the
Companies. The use of these images by you, or
anyone else authorized by you, is prohibited
unless specifically permitted by this Agreement or
specific permission provided elsewhere on
CenturyWarranty.com. Any unauthorized use of the
images may violate copyright laws, trademark laws,
the laws of privacy and publicity and
communications regulations and statutes.
The trademarks, logos, and service marks
(collectively the "Trademarks") displayed on
CenturyWarranty.com, including, without
limitation, the names "Century Warranty Services,
Inc.” and any respective logos are registered and
unregistered Trademarks of the Companies or their
rightful owners. Nothing contained on the website
should be construed as granting, by implication,
estoppel, or otherwise, any license or right to
use any Trademark displayed on CenturyWarranty.com
without the written permission of the Companies or
such third party owners of the Trademarks. Any use
of third party Trademarks on CenturyWarranty.com
is done either by permission of the Trademarks'
owners, or as part of a "News" story or feature
and subject to the Fair Use provisions of
international, Federal, and State intellectual
property laws. No special association or
relationship is intended by such use, and its use
should not be construed as granting the Companies
any official status with any third party, unless
otherwise noted. Your misuse of the Trademarks
displayed on CenturyWarranty.com, or any other
content on CenturyWarranty.com, except as provided
in this Agreement, is strictly prohibited. You are
also advised that the Companies will aggressively
enforce its intellectual property rights to the
fullest extent of the law, including the seeking
of criminal prosecution.
The data and
content contained on or downloaded from
CenturyWarranty.com (collectively, the "Content")
are copyrighted by the Companies, which also owns
a copyright of a collective work in the selection,
coordination, arrangement and enhancement of the
Content.
Without the prior written consent
of the Companies, you may only print, download or
otherwise use the Content in the form of: (i) one
machine-readable copy and (ii) one print copy, for
your personal, non-commercial use; provided,
however, that you shall not delete any proprietary
notices or materials with regard to the foregoing
manifestations of Content.
Except as otherwise permitted under the
copyright laws of the United States, no other
copying, distribution, redistribution,
transmission, publication or use other than
personal, non-commercial use of the Content is
permitted without the express prior written
permission of the Companies or their licensors.
You agree that printing, downloading or
otherwise using the Content in accordance with
this Agreement does not entitle you to any
ownership or intellectual property rights in the
Content.
You shall be solely responsible for any damage
resulting from your infringement of the Companies'
intellectual property, or any other harm incurred
by the Companies as a direct or indirect result of
your copying, distributing, redistributing,
transmitting, publication or use for purposes
other than personal, non-commercial use of the
Trademarks or the Content that is contrary to the
terms and conditions of this Agreement.
THE CONTENT
IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. THE
COMPANIES DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT, NOR THE SAFETY,
RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR
FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
THE COMPANIES MAKES NO REPRESENTATION,
WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE
FOR DOWNLOADING FROM CenturyWarranty.com IS FREE
OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN
HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME
BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER
PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR
DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO
DAMAGE, DETRIMENTALLY INTERFERE WITH,
SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS
YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE
THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS,
OFFERS OR OTHER INFORMATION OR CONTENT ON
CenturyWarranty.com.
CenturyWarranty.com may contain
links to third party Internet websites ("Linked
Sites"). The Linked Sites are not under the
control of the Companies and the Companies are not
responsible for the contents of any Linked Site,
including without limitation any link contained in
a Linked Site, or any changes or updates to a
Linked Site. The Companies are not responsible for
webcasting or any other form of transmission
received from any Linked Site, nor are the
Companies responsible if the Linked Site is not
working appropriately. The Companies are providing
these links to you only as a convenience, and the
inclusion of any link does not imply endorsement
by the Companies of the Linked Site or any
association with its operators. You are
responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked
Sites.
CenturyWarranty.com may allow you
to add links or execute programs from within the
websites ("Added Links"). Added Links are not
under the control of the Companies and the
Companies are not responsible for the contents,
performance, or resulting operation of any Added
Links, including without limitation any link
contained in Added Links, or any changes or
updates to Added Links. The Companies are
providing this option to you only as a
convenience, and the inclusion of any link does
not imply endorsement by the Companies of the
Added Links or any association with it operations.
Added Links could produce unfavorable results,
including but not limited to, damage to equipment
and or data. You are solely responsible for any
results that might occur from adding Added Links
and you hereby agree to indemnify the Companies
from any and all action that might occurred from
using Added Links.
You are responsible for obtaining
and maintaining all telephone, computer hardware
and other equipment needed to access and use
CenturyWarranty.com, and all costs and fees
associated with Internet access or long distance
charges incurred with regard to your access and
use of CenturyWarranty.com.
You may terminate or opt out
of this Agreement at any time by contacting
Century Warranty Services, Inc. at (877) 293 -
8717. Termination or opting out of this Agreement
by you shall result in your loss of the right to
access and use CenturyWarranty.com.
The Companies may terminate this Agreement at
any time, without prior notice, for any reason, or
for no reason, which the Companies shall have no
obligation to disclose to you.
Limitations on the Companies' Liability
The
Companies shall in no event be responsible or
liable to you or any third party, whether in
contract, warranty, tort (including negligence) or
otherwise for any special, incidental, indirect or
consequential damages, including, but not limited
to, damages for any loss of profit, revenue or
business, as a result of:
(i) your access and
use of CenturyWarranty.com;
(ii) your downloading of any Content for your
personal, non-commercial use;
(iii) your downloading of any Content as may be
permitted by the Companies' prior written
permission regarding the same;
(iv) your reliance or use of Content displayed,
offered, promoted or advertised on
CenturyWarranty.com; or
(v) your use of links either supplied by the
Companies or added by you.
You
shall defend, indemnify and hold harmless the
Companies and each of its respective officers,
directors, shareholders, employees, independent
contractors, agents, and representatives from and
against all claims and expenses, including
attorneys' fees, arising out of, or attributable
to: (i) any breach or violation of this Agreement
by you; and (ii) any access or use of
CenturyWarranty.com.
This Agreement is for the
benefit of the Companies and third party
licensors, each of which shall have the right to
enforce and assert the terms and conditions of
this Agreement directly against you on their
behalf.
The Companies reserves the right to amend this
Agreement at any time in its sole discretion and
without notice. Changes, revisions or deletions
with regard to this Agreement shall be effective
immediately upon their inclusion in, or deletion
from, this Agreement and the posting of the same
in this Agreement on CenturyWarranty.com.
You
are encouraged to revisit this Agreement from time
to time in order to review any changes that have
been made. Your continued access and use of
CenturyWarranty.com following the posting of any
such changes shall automatically be deemed your
acceptance of the same.
You
acknowledge that the Companies may be irreparably
damaged if this Agreement is not specifically
enforced, and damages at law would be an
inadequate remedy. Therefore, in the event of a
breach or threatened breach of any provision of
this Agreement by you, the Companies shall be
entitled, in addition to all rights and remedies,
to an injunction restraining such breach or
threatened breach, without being required to show
any actual damage or to post an injunction bond,
and/or to a decree for specific performance of the
provisions of this Agreement.
For purposes of
this Section, you agree that any action or
proceeding with regard to such injunction
restraining such breach or threatened breach shall
be brought in the courts of record of Broward
County, Florida, or the United States District
Court, Southern District of Florida. You consent
to the jurisdiction of such court and waive any
objection to the setting of the venue of any such
action or proceeding in such court. You agree that
service of any court paper may be effected on such
party by mail or in such other manner as may be
provided under applicable laws, rules of procedure
or local rules.
This Agreement is to be governed and construed
in accordance with the internal laws of the State
of Florida, without regard for principles of
conflicts of laws.
If any portion of this
Agreement is deemed unlawful, void or
unenforceable by any court of competent
jurisdiction, this Agreement as a whole shall not
be deemed unlawful, void or unenforceable, but
only that portion of this Agreement that is
unlawful, void or unenforceable shall be stricken
from this Agreement.
The headings contained in
this Agreement are for convenience of reference
only, are not to be considered a part of this
Agreement, and shall not limit or otherwise affect
in any way the meaning or interpretation of this
Agreement. All covenants, agreements,
representations and warranties made in this
Agreement, as may be amended by the Companies from
time to time, shall survive your acceptance of
this Agreement. |
