1. THIS AGREEMENT.
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), You indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. By signing up for any service offered, you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with FPHW, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.
1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. You agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2. SMS Text
2.1 Opt Out. Being removed or opting out from any of the marketing lists for First Premier Home Warranty, including, but not limited to, pre-recorded messages, SMS, emails or any form of communication from First Premier Home Warranty may take up to seven (7) business days to go into effect from the date of the request.
3. COMMERCIAL TRANSACTIONS.
3.1 Purchases. Certain of our products or services may be offered for sale by us through the Website, by phone by our representatives, or otherwise by us. In the event you wish to purchase any of these products or services, you will be asked by FPHW or an authorized third party on FPHW’s behalf to supply certain of your personally identifiable information (“PII”), including without limitation, your full name, address, telephone number and credit card information. You shall provide FPHW and/or such third party with your accurate, complete and current PII and other information at all times, and you shall comply with the terms and conditions of any additional agreement that you may enter into which governs your purchase of any such product or service. You shall be responsible for all charges incurred through your Account, or otherwise made by you or on your behalf.
3.2 Payment. Your right to use any service or product that is available for purchase through the Website, by phone, or otherwise, is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”). Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed in writing by FPHW. You may pay any portion of the Fees by Visa, MasterCard, Discover or American Express credit card.
3.3 Taxes. You shall be responsible for obtaining all licenses, permits and approvals under local, state or federal law which are applicable to your purchase of any products and/or services from FPHW or any person acting on behalf of FPHW, and for obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority or any other person in connection with or related to any such products and/or services.
4. INTELLECTUAL PROPERTY.
4.1 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon FPHW actual knowledge of facts or circumstances from which infringing material or acts are evident. FPHW’s copyright agent for notice of claims of copyright infringement can be reached as follows: Name: FPHW Copyright Agent Telephone: 800-388-1918 Email: email@example.com
We suggest that you consult your legal advisor before filing a notice with FPHW’s copyright agent. You should note that there can be penalties for false claims under the DMCA. FPHW will, in appropriate circumstances and to the extent plausible, terminate the Account of an Attendee who infringes the rights of copyright holders.
4.2 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. FPHW is not affiliated with, or sponsored or endorsed by, any third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and FPHW does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website and/or at an Event which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by means of the distribution of Content, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any of the Trademarks be used in any manner that is likely to cause confusion or which causes confusion, or in any manner that disparages or discredits FPHW and/or any Event.
5. REPRESENTATIONS, WARRANTIES AND COVENANTS
You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage FPHW. However, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you (i) keep intact all copyright, Trademark, and other proprietary notices appearing therein, and(ii) use such materials only in the manner permitted by this Agreement.
7. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN THE FOLLOWING SECTIONS:
8.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE FPHW PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE SPHW PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE WEBSITE OR ANY EVENT.
8.2 NO RELIANCE ON INFORMATION OR INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM FPHW OR ANY THIRD PARTY THROUGH THE WEBSITE, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US WILL BE ACCURATE OR CORRECT, AND (F) ANY FPHW PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM YOUR USE OF THE WEBSITE.
8.3 YOUR SOLE LIABILITY; RELEASE. NONE OF THE FPHW PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE. SPECIFICALLY, EACH OF THE FPHW PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND THE SPHW PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE SPHW PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
9. LIMITATION OF LIABILITY.
9.1 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE FPHW PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR NOT SPHW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 CAP ON LIABILITY. IN NO EVENT SHALL THE FPHW PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
9.3 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE FPHW PARTIES IN THIS SECTION 9 SHALL APPLY WHETHER OR NOT ANY OF THE FPHW PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, you hereby agree to indemnify, defend and hold each of the FPHW Parties harmless from and against any and all claims, demands, actions, losses, expenses, damages (actual and consequential, direct and indirect) and liabilities of every kind and nature, and all related costs and expenses thereof (including without limitation reasonable attorneys’ fees and disbursements), arising out or related to (a) any breach by you (or any person acting on your behalf) of any representation, warranty or covenant made by you (or obligation undertaken by you) in this Agreement or in any further agreement executed by you with FPHW (if applicable), (b) any act or omission by you (or any person acting on your behalf), (c) your use of the Website, (d) your negligence or misconduct, or (e) your violation of any law, regulation or rule. If your indemnification obligations under this Section are invoked by any FPHW Party, such FPHW Party shall endeavor to reasonably cooperate with you and shall at all times have the right fully to participate in such FPHW Party’s defense with such FPHW Party’s own counsel at its own expense. You shall not enter into any settlement which imposes any liability or obligation on any of the FPHW Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such FPHW Party’s prior written consent.
11. THIRD PARTIES.
Your participation, correspondence or business dealings with any third party found on or through the Website, in general or specifically regarding payment and delivery of any specific goods and/or services, and any other terms, conditions, representations or warranties associated with any such dealings, are solely between you and such third party. You agree that none of the FPHW Parties shall be liable or otherwise responsible for any loss, damage, or other matters of any sort incurred as the result of or related to any such dealings.
12. NO AGENCY.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and FPHW by this Agreement or otherwise.
All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: 2918 Avenue R, Brooklyn NY 11229. Notice shall be deemed given three (3) days after the date of the mailing or upon receipt by email.
15. GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
15.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York, excluding New York’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, contacts between you and us (including telephone calls and text messages), this Agreement and/or any other understanding or arrangement between you and FPHW or any of the other FPHW Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York
15.2 Arbitration; Legal Fees; No Jury Trial; No Class Actions; No Cross Claims. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, this Agreement, and/or any other understanding or arrangement between you and FPHW or any of the other FPHW Parties, including without limitation regarding any breach of this Agreement, any contacts between you and FPHW (including, but not limited to, emails, telephone calls, and text message correspondence between us and you, including but not limited to, claims under the Telephone Consumer Protection Act), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and FPHW are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of New York, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and FPHW , and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and FPHW and any decision rendered shall be deemed to be the confidential information of FPHW and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or FPHW may apply to any federal or state court sitting in the County and State of New York for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and FPHW each submits to the exclusive jurisdiction of such courts for such purpose. You and FPHW waive any right to assert any claims against the other party as a representative or member in any class or representative action. You agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1500 per claim, but in no event attorneys’ fees. You also agree that FPHW is not liable for consequential, incidental, indirect, secondary or punitive damages as you are waiving your rights to all such damages. You and FPHW each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
15.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate FPHW’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that FPHW shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which FPHW in its sole discretion believes will cause damage to any of the FPHW Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of FPHW in connection with this Section shall be in addition to, and not in limitation of, any other remedies to which FPHW may be entitled under this Agreement or otherwise at law or in equity. If FPHW prevails in any such proceeding, FPHW shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 15.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of New York for FPHW’s pursuit of such relief, without breach of the above arbitration provision, and you and FPHW submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
16. TIMELY FILING OF CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, OR ANY CONTACTS BETWEEN SPHW AND YOU (INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without FPHW’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by FPHW, in our sole discretion, to a third party, and such an assignment shall inure to the benefit of such third party or otherwise to our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets so transferred.
18. VALIDITY; WAIVER.
If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If FPHW does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which FPHW has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of FPHW’s rights or remedies, and all such rights or remedies shall still be available to FPHW.
Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such section. This Agreement and any additional applicable agreement between you and us sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.
20. CONTACT US.
If you have any questions or concerns regarding the Website, please contact us by e-mail: firstname.lastname@example.org.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. FIRST PREMIER HOME WARRANTY and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if FIRST PREMIER HOME WARRANTY believes that customer conduct violates applicable law or is harmful to the interests of FIRST PREMIER HOME WARRANTY and its subsidiaries.
At this time, FIRST PREMIER HOME WARRANTY ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, FIRST PREMIER HOME WARRANTY ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. FIRST PREMIER HOME WARRANTY is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
FIRST PREMIER HOME WARRANTY charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. FIRST PREMIER HOME WARRANTY makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. FIRST PREMIER HOME WARRANTY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL FIRST PREMIER HOME WARRANTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. — OR Depending on State — The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by FIRST PREMIER HOME WARRANTY.
The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. FIRST PREMIER HOME WARRANTY is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not FIRST PREMIER HOME WARRANTY. The inclusion of material on this server does not imply any endorsement by FIRST PREMIER HOME WARRANTY, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although FIRST PREMIER HOME WARRANTY tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). FIRST PREMIER HOME WARRANTY reserves the right to change its payment procedures at any time without prior notice to you.
If you have been offered the option, and you elected, to pay your Purchase fees in installments, you authorize FPHW to automatically charge each such installment payment including applicable sales tax (should there be any) to the payment method that you provided to FPHW for that purpose without any further authorization from you. Please note for monthly installment payments, your payment method will automatically be billed each month on or about the calendar day corresponding to your contract start date.
This authorization will remain in effect until you do one of the following three things: (1) cancel the applicable Purchase in accordance with its applicable cancellation policy; (2) change and authorize a different payment method; or (3) revoke this authorization. This authorization may be revoked at any time by contacting FPHW at (800) 388-1918. Revoking payment authorization will not alleviate applicable contractual obligations under any Purchase. You agree not to dispute any recurring billing or one time charges with your financial institution so long as the transactions correspond to your agreed payments or purchase with FPHW.
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. FIRST PREMIER HOME WARRANTY and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of FIRST PREMIER HOME WARRANTY shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and FIRST PREMIER HOME WARRANTY with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and FIRST PREMIER HOME WARRANTY with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by FIRST PREMIER HOME WARRANTY. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.