The following are terms and conditions that constitute an agreement (“Agreement”) between you, the user, and Premium Home Warranty, LLC., its affiliates and subsidiaries (collectively referred to as “PHW”) as they apply to your access and/or the use of this web site. By accessing, browsing and/or using this web site, you acknowledge that you have read, understand and agree to be bound by this Agreement. If you do not agree to the terms and conditions in this Agreement, you may not access or otherwise use this web site.
Upon PHW’ knowledge that your conduct fails to conform to our terms, PHW, in its sole discretion and without notice, reserves the right to block your access to this web site. In addition to all other rights and remedies available to PHW in law or equity, for any alleged or actual illegal activities concerning this web site, PHW may seek criminal prosecution.
Use of Web Site
This web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this web site, except as follows: You may download and make copies of the content and other downloadable items displayed on this web site for personal, non-commercial use only, provided that you maintain all copyrights and other notices contained in such content. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from PHW.
PHW may change, suspend or discontinue any aspect of the web site at any time without notice, including the availability of any web site feature, database or content. PHW may also impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability.
Intellectual Property Rights
PHW’ logos and service marks are registered trademarks of PHW and/or its affiliates. Except as otherwise indicated, all information, text, graphic images, logos, features or functions, and layout, as well as any copyrights or other rights, are the exclusive property of PHW, and may not be copied, reproduced, posted, transmitted or distributed, in whole or in part, in any form (electronic or written) without having first obtained PHW’ express written consent. The names of actual companies and products mentioned in this web site may be trademarks of their respective owners. No information from this web site should be construed as granting a license or any other right to use any copyrights, trademarks of logos.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PHW DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PHW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE. PHW MAY MAKE ANY OTHER CHANGES TO THE WEB SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
PHW MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL PHW OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED WEB SITE. WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PHW HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Unlawful or Prohibited Use
As a condition of your use of this web site, you warrant and represent to PHW that you will not use this web site for any purpose that is unlawful, violates any third party’s rights, or is prohibited by these terms, conditions and notices.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the web site any materials which (i) restrict or inhibit any other user from using and enjoying the web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
Links to Third Party Web Sites
This web site may contain links to web sites operated by third parties. Such links are provided for your reference only. PHW does not control such web sites, and is not responsible for their content. The inclusion of such links within this web site does not suggest any endorsement of the material on such web sites or any association with their operators.
You hereby agree to indemnify, defend and hold PHW, and all its officers, directors, owners, subsidiaries, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. PHW reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PHW.
This Agreement is governed by the laws of the State of West Virginia applicable to agreements entered into and wholly to be performed therein. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Cabell County, West Virginia for the resolution of all disputes arising out of use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement contains the entire agreement between you, the user, and PHW with respect to this web site. It supersedes all prior or existing communications and proposals, whether electronic, oral or written, between the user and PHW with respect to this web site.
Updates and modifications to this Agreement are subject to change at any time. Please review this Agreement each time you use and/or access this web site.