In General
Integrity Warranty LLC (“Integrity Warranty”) owns and operates this Website. This document governs your relationship with Integrity Warranty as it relates to www.integritywarranty.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by Integrity Warranty. Integrity Warranty has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at www.integritywarranty.com/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Permitted Use
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Integrity Warranty will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Certain Third Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Content from those Third Party Providers is also subject to those terms and conditions of use and you forever hold Integrity Warranty harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Content, materials and information provided by any Third Party Provider.
Digital Millennium Copyright Act
Integrity Warranty has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Integrity Warranty reserves the right to remove any Content contained in or posted to the Website that allegedly infringes another person’s copyright. Notices to Integrity Warranty regarding any alleged copyright infringement on the Website should be directed to Integrity Warranty’s Counsel’s Office, at Maucere Law Group LLC, 6708 Heritage Business Court, Chattanooga, TN 37421.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Integrity Warranty, its affiliates, partners, or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Integrity Warranty and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Jurisdiction
Except as otherwise described, all Content on the Website is made available only to provide information about Integrity Warranty and its services. Integrity Warranty controls and operates the Website and makes no representation that the Contents on such Website are appropriate or available for use in other locations. Other Integrity Warranty Websites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the Integrity Warranty Website from a location other than the location where the Website is controlled and operated, you are responsible for compliance with applicable local laws.
Terms of Payments
By making a payment through the Website on an account already established with Integrity Warranty you are subject to the following terms and conditions.
When you make a payment through our Website, you will be linked to a separate website operated by a third-party payor system called First Data. You will give your credit card or other payment information directly to First Data, which will process your payment. You agree that you are over 18 years of age and that you are subject to First Data’s terms and conditions. Integrity Warranty retains the right to refuse any request made by you.
Integrity Warranty uses third party payment processors which are responsible for securely processing your payment and Integrity Warranty is not liable for security breaches of the third party processors. Details of information collected and processed when making payment are included in our privacy policy at www.integritywarranty.com/privacy.
RESTRICTION OF LIABILITY
INTEGRITY WARRANTY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. INTEGRITY WARRANTY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS WEBSITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF INTEGRITY WARRANTY OR AN AUTHORIZED INTEGRITY WARRANTY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. INTEGRITY WARRANTY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN FIFTY DOLLARS ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE CONTENT, AND THE CONTENT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. INTEGRITY WARRANTY, THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THE WEBSITE AND THE CONTENTS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. INTEGRITY WARRANTY ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL.
INTEGRITY WARRANTY DOES NOT CONTROL THE CONTENT PROVIDED BY THIRD PARTY PROVIDERS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE WEBSITE YOU MAY BE EXPOSED TO CONTENT PROVIDED BY THIRD PARTY PROVIDERS THAT IS OFFENSIVE, INDECENT AND/OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL INTEGRITY WARRANTY BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED BY THIRD PARTY PROVIDERS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.
IN NO EVENT SHALL INTEGRITY WARRANTY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR (i) ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL OR ANY NEGLIGENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING THE WEBSITE OR ANY CONTENT THEREON OR (ii) ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF CONTENT, DATA AND SERVICES AVAILABLE ON THE WEBSITE OR ANY WEBSITE OF A THIRD PARTY PROVIDER OR (iii) ANY OTHER ASPECT OF THE WEBSITE OR ANY WEBSITE OF A THIRD PARTY PROVIDER OR (iv) FOR ANY TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THE PRECEDING PARAGRAPHS SHALL LIMIT OR OTHERWISE MODIFY ANY OF YOUR LIABILITIES OR OBLIGATIONS, ANY RESTRICTIONS ON CONTRIBUTED CONTENT OR ANY OTHER PROVISION SET FORTH IN THIS AGREEMENT.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Linked Sites
The Website includes links to other sites which are not maintained by Integrity Warranty. Integrity Warranty is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Integrity Warranty of the sites or any products or services referred to therein. Integrity Warranty may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Website. If you decide to access any third party site linked to the Website, you do so entirely at your own risk and Integrity Warranty shall have no liability for any loss or damage arising from your use of any such site.
Disclaimer as to Ownership of Trademarks, Images of Personalities, and Third Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Integrity Warranty and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Integrity Warranty.
Indemnity
You agree to indemnify, defend and hold harmless Integrity Warranty, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys’ fees arising from your use this Website or your breach of the Terms of Service.
Miscellaneous
Integrity Warranty may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the Website now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Tennessee and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Integrity Warranty Website.
Integrity Warranty reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to our Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting info@integritywarranty.com.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Integrity Warranty. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Integrity Warranty.
