Applicability of Agreement
This Agreement is intended to apply to the Companies, and the website www.fidelitywarrantyservices.com ("fidelitywarrantyservices.com").
Your Right to Access and Use fidelitywarrantyservices.com
The right to access and use fidelitywarrantyservices.com is personal to you or your company and is not transferable by you to any other person or entity. You are only entitled to access and use fidelitywarrantyservices.com for lawful purposes and pursuant to the terms and conditions of this Agreement. By accessing and using fidelitywarrantyservices.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which the Companies, in its sole discretion, may make in the future. Any action by you that, as determined by the Companies, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying fidelitywarrantyservices.com shall not be permitted, and may result in your loss of the right to access and use fidelitywarrantyservices.com.
Intellectual Property Rights
Images of people or places displayed on fidelitywarrantyservices.com are either the property of, or used with permission by, the Companies. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on fidelitywarrantyservices.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on fidelitywarrantyservices.com, including, without limitation, the names JM Family Enterprises, Inc., Southeast Toyota Distributors, LLC, World Omni Financial Corp., Jim Moran & Associates, Inc., Fidelity Warranty Services, Inc., SET, SETF, and any respective logos are registered and unregistered Trademarks of the Companies or their rightful owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on fidelitywarrantyservices.com without the written permission of the Companies or such third party owners of the Trademarks. Any use of third party Trademarks on fidelitywarrantyservices.com is done either by permission of the Trademarks' owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting the Companies any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on fidelitywarrantyservices.com, or any other content on fidelitywarrantyservices.com, except as provided in this Agreement, is strictly prohibited. You are also advised that the Companies will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from fidelitywarrantyservices.com (collectively, the "Content") are copyrighted by the Companies, which also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Without the prior written consent of the Companies, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of the Companies or their licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of the Companies' intellectual property, or any other harm incurred by the Companies as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. THE COMPANIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
THE COMPANIES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM fidelitywarrantyservices.com IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON fidelitywarrantyservices.com.
Links to Third Party Sites
Links Added to the Sites
fidelitywarrantyservices.com may allow you to add links or execute programs from within the websites ("Added Links"). Added Links are not under the control of the Companies and the Companies are not responsible for the contents, performance, or resulting operation of any Added Links, including without limitation any link contained in Added Links, or any changes or updates to Added Links. The Companies are providing this option to you only as a convenience, and the inclusion of any link does not imply endorsement by the Companies of the Added Links or any association with it operations. Added Links could produce unfavorable results, including but not limited to, damage to equipment and or data. You are solely responsible for any results that might occur from adding Added Links and you hereby agree to indemnify the Companies from any and all action that might occurred from using Added Links.
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use fidelitywarrantyservices.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of fidelitywarrantyservices.com.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting Fidelity Warranty Services, Inc. at (800) 327-5172. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use fidelitywarrantyservices.com.
The Companies may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which the Companies shall have no obligation to disclose to you.
Limitations on the Companies' Liability
The Companies shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise for any special, incidental, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business, as a result of:
(i) your access and use of fidelitywarrantyservices.com;
(ii) your downloading of any Content for your personal, non-commercial use;
(iii) your downloading of any Content as may be permitted by the Companies' prior written permission regarding the same;
(iv) your reliance or use of Content displayed, offered, promoted or advertised on fidelitywarrantyservices.com; or
(v) your use of links either supplied by the Companies or added by you.
You shall defend, indemnify and hold harmless the Companies and each of its respective officers, directors, shareholders, employees, independent contractors, agents, and representatives from and against all claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of fidelitywarrantyservices.com.
Third Party Rights
This Agreement is for the benefit of the Companies and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf.
The Companies reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on fidelitywarrantyservices.com.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of fidelitywarrantyservices.com following the posting of any such changes shall automatically be deemed your acceptance of the same.
You acknowledge that the Companies may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the Companies shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by the Companies from time to time, shall survive your acceptance of this Agreement.