| BestVehicleWarranty.com
(sometimes referred to as the "Website") is offered
to you (the "User") by TC Direct (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
time to time. By continuing to use the Website following such
modifications, you agree to be bound by such modifications to
the Terms of Service.
Description of the Service Offered.
TC Direct
is a computerized program which provides a mechanism pursuant
to which consumers can obtain information regarding auto warranty
providers and brokers. TC Direct 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. TC Direct 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
TC Direct, 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.
Proprietary Rights.
The Company
is the owner and/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.
Privacy.
Except as
may otherwise be required by law, the Company adheres to the "Privacy
Policy" posted on the Website. You should be aware, however,
that a linked website may contain privacy policies that differ
from the Company's policy. Neither the Company nor its stockholders,
directors, employees, agents, successors, assigns or affiliates
are responsible for any of those other websites' provisions and
expressly disclaim any liability related to such policies.
Unauthorized Links.
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.
Violations of Terms of Use.
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.
Indemnification.
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.
Other Terms.
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.
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