Ownership of Site & Proprietary Technology Platform MAGIC; Agreement to Terms of Use
This privacy policy ("Privacy Policy") describes how Securranty, Inc. and its affiliates (collectively "Securranty") collect, use, and share personal information of consumer users of on sites where this Privacy Policy is posted (collectively the "Site") as well as our mobile applications that include a link to this Privacy Policy ("Application(s)"). This Privacy Policy explains our online information practices regarding the personal information that we collect about you, how we use that information and the choices that you can make regarding your information on our Site and in our Applications. This Privacy Policy does not apply to websites, applications, or services that do not display or link to this Privacy Policy or that display or link to different privacy statements. Securranty is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). If you have questions or complaints regarding Securranty's privacy policy or practices, please contact us at privacy@securranty.com.
If we change our Privacy Policy, we will notify you here, or by means of a notice on our homepage, prior to those changes taking effect so that you are aware of the information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.
Use of Our Services
In order to use our Services, you must be a resident of a country in which we operate and be at least 13 years of age. By using the Services, you represent that you (i) are at least 13 years old, (ii) have read, understood, and agree to be bound by these Terms of Use.
License
MAGIC, SECURRANTY'S propriety technology software and website you use to purchase or register your warranties which create your account or have your account created for you through one of our Partners or Resellers allows you to manage your warranties for claims and service. The use of the website and software is strictly limited to any and all users on this platform including our Customers, Partners, Resellers and Service Providers. You have only limited License granted to you by purchasing a warranty or protection plan or any other service through us directly or through one of our Partners and Resellers. We grant only the limited License to use the platform for the expressed purpose of obtaining service as may be outlined in any agreement formed between SECURRANTY and its affiliates and You.
THE LICENSE DOES NOT AUTHORIZE ANY YOU OR ANY CUSTOMER, PARTNER, COMPANY, RESELLER, SERVICE PROVIDER OF SECURRANTY AND ITS AFFILIATES TO USE THE WEBSITE AND SOFTWARE FOR UNLAWFUL PURPOSES; TRANSFER, ASSIGN, OR SUBLICENSE THE SOFTWARE, OR ANY RIGHTS THEREIN, EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TO ANY OTHER PERSON, ORGANIZATION, OR ENTITY, INCLUDING THROUGH RENTAL, SUBSCRIPTION, OR OUTSOURCING THE SOFTWARE; RE-ENGINEER, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE OR CREATE OR RECREATE ANY SOURCE CODE OF THE SOFTWARE; MODIFY, ADAPT, TRANSLATE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE; OR ATTEMPT ANY OF THE FOREGOING. ANY PRIOR AGREEMENTS YOU MAY HAVE WITH SECURRANTY AND ITS AFFILIATES THAT MAY CONTRADICT ANY TERMS OF THIS AGREEMENT INCLUDING THIS PARTICULAR LICENSE PROVISION, THEN THIS AGREEMENT SUPERSEDES THE TERMS OF ANY PREVIOUS AGREEMENT, SPECIFICALLY AS IT RELATES TO THE LICENSE PROVISION TO USE OUR WEBSITE AND MAGIC PLATFORM. IF YOU DISAGREE WITH ANY TERMS OF THIS LICENSE PROVISION, IT IS YOUR SOLE RESPONSIBILITY AND OBLIGATION TO CONTACT SECURRRANTY AT LEGAL@SECURRANTY.COM TO AMEND ANY PRIOR AGREEMENTS THAT YOU MAY HAVE WITH SECURRANTY AND ITS AFFILIATES THAT CONTRADICT THIS PROVISION OR ANY PROVISIONS OF THIS AGREEMENT. OTHERWISE YOU CONSENT THIS AGREEMENT SUPERSEDING ANY PRIOR AGREEMENTS AND YOU AGREE TO THE TERMS OF THIS AGREEMENT AND ITS LIMITATIONS ON YOUR USE, ACCESS AND RIGHTS, THAT ARE DIRECTLY OR INDIRECTLY STATED, IMPLIED OR EXPRESSLY STATED AND YOU AGREE TO FULLY ABIDE BY THE TERMS OF USE.
Some of our Services allow you to download mobile applications ("Mobile Applications"). Subject to your compliance with the Terms of Use, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to download and install one (1) copy of our Mobile Application on your device, and access and use the Services, solely for your own personal and non-commercial use. With respect to any Mobile Application accessed through or downloaded from the Apple App Store, you are allowed to install and use the Mobile Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. The limited rights granted to you regarding the Mobile Applications are subject to the following restrictions: you may not (a) duplicate, modify, or distribute the Mobile Application, except as otherwise stated herein, for any purpose; (b) transfer, sublicense, lease, lend, rent, or distribute the Mobile Applications or the Services to others, or otherwise commercially exploit the Mobile Applications or the Services; (c) modify, adapt, reverse-engineer or create derivative works of the Mobile Applications or Services, except where the foregoing restrictions are prohibited by applicable law; (d) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Mobile Applications or the Service, or (e) use the Mobile Application or Services in any unlawful or tortious manner.
Except as expressly provided in these Terms of Use, no part of our Services and/or Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site, mobile application or other medium for publication or distribution or for any other commercial use, without our express prior written consent.
Accounts, Passwords and Security
Certain features or products offered on or through our Services may require you to open an account. You are entirely responsible for maintaining the security and confidentiality of the information you hold for your account, including your ID and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account, ID or password, or any other breach of security of which you are aware. You may be liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your ID, password or account because you failed to keep your account information secure and confidential.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. If you do use someone else's ID, password or account with such person's permission, you will nonetheless be responsible for any transactions conducted thereby and may be liable for losses incurred by us or others as a result. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Use of Our Content; Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork, computer code and other content (collectively, "Content"), including but not limited to the design, structure, selection, compilation, organization, coordination, expression, "look and feel" and arrangement of such Content, found on or through access and use of our Services is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws.
We reserve all rights in its Content, Mobile Application and other software and technology not specifically granted in any agreements between you and us or in these Terms of Use.
SECURRANTY and other marks indicated on our site are registered trademarks of ours in the United States and other countries. Other Securranty marks, graphics, logos, page headers, button icons, and scripts noted on the Services are also our exclusive property. Our service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among consumers, in any manner that disparages or discredits us and in connection with any service or product that is not sponsored, endorsed or produced by us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us
Reviews, Comments, Communications and Other Content
You may submit comments and provide other content and information on our websites, blogs and Mobile Application (collectively, "User Generated Content" or "UGC") so long as the content is not obscene, illegal, threatening, or defamatory, or otherwise invade the privacy or violate the intellectual property rights of a third party. Further, such content may not contain viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the UGC. We have the right, but not the obligation, to monitor any UGC and communications on our website, blogs and Mobile Application and to take appropriate action, including to remove UGC, if it violates these Terms of Use.
By submitting UGC, you grant Securranty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display the UGC throughout the world in any media, without a need for any attribution to you. You also irrevocably waive any moral rights that you may have in such UGC. By submitting UGC you also represent and warrant that that the UGC is accurate; you own or have permission to use the UGC that you submit; and that use of the UGC will not cause injury to any person or entity.
You are also free to submit your feedback and comments about our websites, blogs or Mobile Application's features, functions and other characteristics (collectively, "Feedback"). Any Feedback will be owned by us, and you hereby assign and transfer to us all right, title and interest in and to such Feedback. To the extent such assignment and transfer are deemed invalid or unenforceable under applicable law, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display the Feedback throughout the world in any media, without a need for any attribution to you.
Purchases; Price Changes; Other Terms and Conditions
Our websites, blogs and the Mobile Application contain features and functions, such as drop-down menus and check boxes, which allow you to order specific Protection Plans for Covered Products, as explained in detail in the Protection Plan Terms and Conditions. By indicating your choices and selections (for such matters as the products covered, the type of coverage, the length of the coverage, and the payment plan) using such features and functions, you are agreeing to a binding agreement between you and us with respect to the purchase of the particular Protection Plan you have selected. By entering your credit card, debit card or other electronic payment card information in the spaces indicated, or by scanning such information and uploading it to our websites or to or through our Mobile Application, you are authorizing us to charge your account, on the basis indicated (e.g., on a one-time, monthly or yearly basis), for the Protection Plan you have selected. We may also use a credit card updating service to obtain current expiration dates on credit cards, and you hereby consent to our use of such service. From time to time, we may also notify you of price changes on our websites and on the Mobile Application, and the effective date of such price changes.
By entering and/or uploading your information, including by uploading receipts and other documentation regarding the Protection Plan you have selected or in connection with your claim, you represent and warrant to Securranty that the information you have provided is true, accurate and complete.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of our Services, all of which terms are made a part of these Terms of Use by this reference. You agree to comply with such other terms and conditions, including, where, applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms and conditions posted for or applicable to a specific portion of our Services, or for any additional products offered through our Services, the latter terms and conditions shall control with respect to your use of that portion of our Service or the specific service.
We may make changes to any portion of our Services, at any time, without notice. The materials on our Services with respect to products and services may be out of date, and we make no commitment to update the materials with respect to such products and services.
Sweepstakes, Contests and Similar Promotions
Any sweepstakes contests, or similar promotions made available through our website or the Mobile Application will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may be different from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contests, or promotions, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.
Messaging
You may receive push notifications, alerts, emails, or other types of messages sent to you via our Services ("Push Messages"). You may opt in or out of these Push Messages via your device's settings or operating system.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@securranty.com.
Privacy Statements
Securranty is committed to maintaining the privacy of all individuals who access Securranty web site and services. You can view our privacy policy at https://securranty.com/privacypolicy.
Links to Other Sites
These Services may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Violation of These Terms of Use
You agree that we may, in our sole discretion and without prior notice, terminate your access to our Services and/or block your future access if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of our Services. You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree that we may, in our sole discretion and without prior notice, terminate or suspend your access to our Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of our Services or any product or service we offer on or through the Site, or (4) unexpected technical issues or problems.
If we take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use or for other cause, as set forth in these Terms of Use.
Void Where Prohibited
We administer and operate all Services from our location in Houston, Texas, United States of America. Although the Services are accessible worldwide, the Services to which these Terms of Use apply are not intended to be accessed and used from outside the United States of America. Not all features, products or services discussed, referenced, provided or offered are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature or product made on our Services is void where prohibited. If you choose to access and use any of the Services from outside the United States of America, you do so on your own initiative and at your own risk, and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on our Services, in violation of any applicable laws or regulations.
If any provisions of these Terms of Use are held to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid and enforceable provision that best embodies the intent of these Terms of Use. These Terms of Use constitute the entire agreement between you and us with regard to your use of our Services, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. Other than as provided in our agreement you enter into with us, You will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct us and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Some of our services and Content are directed to our international service offerings and, therefore, may contain references or cross references to our services that are not announced in your country. Such references do not imply that we intend to announce or offer such products, programs or services in your country.
Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND US, ALL CONTENT AND PRODUCTS PROVIDED BY OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT OUR SERVICES, CONTENT AND PRODUCTS ARE APPROPRIATE OR OTHERWISE FIT FOR YOUR PURPOSES AND FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE CONTENT AND PRODUCTS OFFERED BY OUR SERVICES MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND US, WE AND OUR SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF WE AND OUR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain federal and state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you may have additional rights.
Indemnity
You agree to defend, indemnify, and hold harmless us and our employees, officers, directors, contractors, attorneys, and agents (collectively, "Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages of any kind, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use or misuse of the Services, our websites, blogs, Mobile Application or any Linked Sites or (ii) resulting from content, including UGC, you supply.
Governing Law
You agree that all matters relating to your access to or use of our Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflict of law's provisions.
Contact Information
If you have any questions regarding these Terms of Use, please contact Securranty at legal@securranty.com.
Accessing and Downloading the Mobile Applications.
The following applies to any Mobile Application accessed through or downloaded from or online store regardless of whether the application runs on iOS, Android or another operating system ("Mobile App Store"):
You acknowledge and agree that (i) the Terms of Use are concluded between you and us only, and not the owner, manager, operator or provider of the Mobile App Store ("App Store Provider"), and (ii) we, not the App Store Provider, are solely responsible for the Mobile Application and content thereof. Your use of the Mobile Application must comply with the applicable Mobile App Store Terms of Service or other applicable terms and conditions.
You acknowledge that the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
In the event of any failure of the Mobile Application that you have downloaded from the Apple App Store to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile Application or your possession and use of the Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third-party claim that the Mobile Application or your possession and use of that Mobile Application violates that third party's intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms of Use as related to your license of the Mobile Application, and that, upon your acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the Mobile Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms of Use, you must comply with all applicable third-party terms and conditions when using the Mobile Application.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or breach thereof will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this arbitration provision, we and you both give up the right to resolve any controversy or claim arising out of or relating to these Terms of Use by a judge and/or a jury. Prior to filing any arbitration, we and you jointly agree to seek to resolve any dispute by mediation conducted by the AAA, with all mediator fees and expenses paid by us. If you are successful in obtaining an arbitration award against us greater than $500, we agree to pay all arbitrator fees and expenses. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against us. The laws of the State of California (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to these Terms of Use and all transactions contemplated by these Terms of Use, including, without limitation, the validity, interpretation, construction, performance and enforcement of these Terms of Use. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
