Terms of Use

TERMS AND CONDITIONS for your purchase of goods and/or services from and/or through this website

  1. ENTIRE AGREEMENT. These Terms and Conditions and the WarrantyShopping.com Quote Form (collectively, this "Agreement") contains the entire agreement between you ("you" or "Customer") and WarrantyShopping.com and any Affiliate (as defined in Section 7 below) with respect to your purchase of any goods and/or services through WarrantyShopping.com's website. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may not be amended except by a written agreement executed by the party to be charged with the amendment. In the event of a conflict between these Terms and Conditions and the WarrantyShopping.com Quote Form, these Terms and Conditions shall control. The WarrantyShopping.com Disclaimer is deemed to be a part of, and is incorporated by reference into, these Terms and Conditions.
  2. 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.
  3. WAIVER OF CONTRACTUAL RIGHT. The failure of WarrantyShopping.com to enforce any provision of this Agreement shall not be construed as a waiver or limitation of WarrantyShopping.com's right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
  4. 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. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY OPT OUT OF THE MARYLAND UNIFORM COMPUTER TRANSACTIONS ACT ("MUCITA") AS PERMITTED BY SECTION 22-104 OF MUCITA. Any suit, action or proceeding against a party to this Agreement brought by another party with regard to this Agreement or the rights and obligations of the parties under this Agreement 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 parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, Customer 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 Customer and may be enforced in any court in which Customer is subject to jurisdiction by a suit upon such judgment.
  5. WAIVER OF TRIAL BY JURY. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY 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, DIRECT OR INDIRECTLY, TO THIS AGREEMENT AND THE RELATIONS BETWEEN THE PARTIES HEREUNDER.
  6. 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 permitted by this section. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by Customer (by operation of law or otherwise) without the prior written consent of WarrantyShopping.com. WarrantyShopping.com may assign, delegate or otherwise convey its rights and obligations under this Agreement to any other party.
  7. REPRESENTATION AND WARRANTY DISCLAIMER. WITH THE SOLE EXCEPTION OF THE GUARANTEE STATED IN THE WARRANTYSHOPPING.COM DISCLAIMER, ANY GOODS AND/OR SERVICES PROVIDED TO YOU BY WARRANTYSHOPPING.COM ARE PROVIDED "AS IS" BY WARRANTYSHOPPING.COM, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; OR (V) OF TITLE.
    WARRANTYSHOPPING.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO ANY GOODS AND/OR SERVICES PROVIDED TO YOU BY OR THROUGH OTHER PERSONS VIA THIS WEBSITE, COLLECTIVELY, ALL SUCH PERSONSARE REFERRED TO HEREIN AS "AFFILIATES".
  8. LIMITATION OF REMEDY. Customer agrees that the aggregate liability of WarrantyShopping.com and its stockholders, members, partners, directors, managers, officers, employees, agents and Affiliates (each, a "WarrantyShopping.com Indemnified Party" and collectively, the "WarrantyShopping.com Indemnified Parties") to Customer or to Customer's stockholders, members, partners, managers, directors, officers, employees or agents for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to this Agreement and/or any inspection of any vehicle by WarrantyShopping.com or any of its agents, and/or out of other goods and/or services provided by WarrantyShopping.com or any Affiliate shall be limited to (i.e., may not be more than, but can be less than) the fees paid by Customer to WarrantyShopping.com pursuant to this Agreement. In no event shall any of the WarrantyShopping.com Indemnified Parties be liable to Customer or to Customer's stockholders, members, partners, managers, directors, officers, employees or agents for consequential, exemplary, special, direct, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs even if any or all of the WarrantyShopping.com Indemnified Parties were notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence). In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, the liability of each WarrantyShopping.com Indemnified Party is limited to the greatest extent permitted by law.
  9. INDEMNITY. Customer agrees to indemnify and hold harmless each WarrantyShopping.com Indemnified Party from and against (and will pay upon demand each WarrantyShopping.com Indemnified Party the amount of) any and all losses, liabilities, claims, costs (including costs of investigation and defense), damages and expenses (including attorneys' fees) which any WarrantyShopping.com Indemnified Party may sustain resulting from, arising out of, relating to or caused by (a) any breach by Customer of any covenant or other agreement of Customer contained in this Agreement; (b) any breach of any representation or warranty made by Customer in this Agreement; and/or (c) any third-party claim, including claims of WarrantyShopping.com inspectors and Affiliates, brought against WarrantyShopping.com as a result of Customer's actions. In connection with any action or proceeding that may give rise to an obligation of Customer to indemnify a WarrantyShopping.com Indemnified Party, the WarrantyShopping.com Indemnified Party shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and the Customer 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 any WarrantyShopping.com Indemnified Party.
  10. FORCE MAJEURE. In the event WarrantyShopping.com or any Affiliate shall be delayed or hindered in, or prevented from, the performance of any act required of it by reason of failure of power, telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God or any circumstance or cause beyond the control of such party in the reasonable conduct of its business (each such cause or event being hereinafter referred to as a "Force Majeure"), then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.
  11. WarrantyShopping.com OPPORTUNITY TO CURE. Prior to taking any action against WarrantyShopping.com or any Affiliate as a result of a breach by such party of its obligations under this Agreement, Customer shall provide WarrantyShopping.com with written notice of the breach and WarrantyShopping.com or the Affiliate shall have thirty days to cure such breach.
  12. TAXES. The price to Customer set forth on WarrantyShopping.com'S website does not include sales, use, excise or any other applicable ad valorem taxes or assessments. Such taxes or assessments, if any, will be added to Customer's price. Customer agrees to pay to WarrantyShopping.com on demand any such tax or assessment.
  13. SURVIVAL. The provisions of this Agreement that by their nature are reasonably intended to survive the Agreement's termination, including, but not limited to, sections 4, 5, 6, 7, 8 and 9 of these Terms and Conditions, shall survive the termination of this Agreement. In addition, any of Customer's obligations under any provision of this Agreement which have accrued but have not been fully satisfied, performed or complied with prior to the termination of this Agreement shall survive the termination of this Agreement to the extent necessary for the full and complete performance of such provisions.
  14. NOTICES. All notices, requests, consents, demands or other communications given under this Agreement shall be in writing and shall be deemed duly given and received (a) upon personal delivery to the party to whom it is directed; (b) seven days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges pre-paid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; (d) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom its is directed; or (e) upon actual delivery if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All notices, requests, consents, demands and other communications (i) to Customer shall be addressed at the addresses set forth in the WarrantyShopping.com Quote Form and (ii) to WarrantyShopping.com, shall be addressed to feedback@WarrantyShopping.com.com or the address set forth in the "contact us" section of WarrantyShopping.com.
  15. 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.