Terms of use

Last updated on 01/18/2012

The www.homewarrantyreviews.com Web Site (the “Site”) is an online information service. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, do not access or use the site. Site may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement in this space. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

  1. Definitions:
    1. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, “our”, and “Site” refer to www.homewarrantyreviews.com.
    2. “Content” means text, images, photos, material and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as your identity, property identification, experiences, reviews, and any other information that you post on the Site. “Provider Content” means any Content that is reproduced on this Site regarding third party providers including, price quotations and provider information lawfully obtained from User, third party or public domain. “Site Content” means all of the Content that is made available on the Site, including but not limited to Your Content and Third Party Content.
  2. Eligibility.
  3. You represent and warrant that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.

  4. Site membership.
  5. You need to register as a member of this Site or provide your personal information to be able to post any Content. Some features on this Site are restricted to registered members only and you agree to provide information about yourself in order to use those features on the Site. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate anyone, create an account for anyone other than yourself or provide an email address other than your own.

  6. Use of the Site.
  7. We grant you permission to use the Site subject to your acceptance of these Terms of Use. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Site does not endorse such Content, and cannot assure its accuracy. You access and use the Site at your own risk. You are hereby advised to seek professional advice and any Content in this Site will not substitute or intends to substitute professional advice given in the subject matter covered herein.

  8. Restrictions on Use.
    1. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
    2. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
    3. use the Site to post any Content that contains in part or whole, any virus, malware code, or is false, defamatory, unlawful, tortious, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, impersonal, profane, ethnically and/or sexually objectionable or threatening or to post any advertisement, harmful to minors, chain letters, solicitation or other commercial message, or to post material that is illegally invasive of another person’s privacy.
    4. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
    5. use the Site in violation of the Terms of Use or any applicable law;
  9. Permission to Use Your Content.
  10. You hereby irrevocably grant us permission to use Your Content for any purpose, including but not limited to advertisements and other works, creating derivative works, promoting and distributing it. You also irrevocably grant the Site’s users the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

  11. Responsibility for Your Content.
  12. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Site.

    You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

  13. Use of Content.
  14. Although Site attempts to delete objectionable messages posted on this Site from time to time, it operates in real time and does not review material before posting. Site may also modify or delete messages that contain Content that has personably identifiable information. Site may periodically undertake any steps in its discretion to verify and validate the accuracy of User information including information submitted during registration. If Site is unable to verify the accuracy of User information to the satisfaction of Site, Site may take precautionary measures, including, but not limited to blocking User access without need for substantiation to User. All messages express the views of the registered user, and neither Site, its owner or affiliates will be responsible for any content, any posting or any message.

    Site may display advertisements and other information adjacent to or included with Your Content on the Site and you are not entitled to any compensation for such advertisements.

  15. Copyright, Licenses and Idea Submissions.
  16. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.homewarrantyreviews.com. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant Site a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.homewarrantyreviews.com by all means and in any media now known or hereafter developed. You also grant Site the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Site for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Site.

     

    TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.homewarrantyreviews.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

     

  17. Privacy.
  18. For information about how we handle your personal information, please read our Privacy Policy.

  19. Site Modification.
  20. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

  21. Unauthorized Access.
  22. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  23. Suggestions and Improvements.
  24. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

  25. Termination.
    1. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
    2. You may terminate the Terms of Use at any time by discontinuing your use of any and all parts of the Site by sending the administrator notice to that effect. You acknowledge and agree that even if you discontinue your membership, we may continue to display Your Content on the Site.
    3. In the event of any termination, whether by you or us, Sections 6, 8, 14, 15, 16, 17, and 20 of the Terms of Use will continue in full force and effect, including our right to use Your Content as detailed in Section 6.
  26. Ownership.
  27. We own the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Site Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Site Content are retained by us.

  28. Warranties, Disclaimers, and Limitations of Liability.
    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. SITE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF REVIEWS AND PROVIDER INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY PROVIDERS LISTED ON THE SITE. SITE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. SITE DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
    3. SITE FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
    4. SITE ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE PROVIDERS, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH PROVIDERS, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM.
    5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    6. SITE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE, WHATSOEVER, UNDER ANY APPLICABLE LAW, EVEN IF ADVISED OF SUCH CONSEQUENCE, WILL BE AS ADJUDGED BY A COURT OF FINAL JURISDICTION, OR AS PART OF FINAL SETTLEMENT BETWEEN THE PARTIES, AND IN NO CASE EXCEEDING $5000.00 USD.
  29. Indemnity.
  30. You agree to indemnify and hold Site, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

    In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless the Site and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Use herein.

  31. Third Parties.
  32. The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

  33. Notice.
  34. Any Content posted on the Site has been extracted from public domain, Provider Content or has been legally obtained from any Third Party Site. Any objection to Site Content should be notified in writing to the company at the email address [email protected]

    Site will make commercially reasonable efforts to redress all valid objections.

  35. Miscellaneous.
    1. If there is any dispute about or involving the Site, you agree that any such dispute will be governed by the laws of Commonwealth of Virginia, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.
    3. We may provide you with notices, including those regarding changes to the Terms of Use by postings on the Site.
    4. The Terms of Use contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.
    5. Any failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
    7. Your comments or review posts must be objective and truthful. Comments should be detailed, and respectful. Short or abusive reviews will be removed.
    8. This is not a discussion forum. Reviews should be posted by existing customers only. Only home warranty companies are allowed to respond to reviews (without using the rating option)

Privacy policy

Updated on 01/18/2013

This Privacy Statement (“Statement“) describes the personal information we collect through our website (the “Site“), and how we collect and use it. The terms “we“, “us“, and “Site” refer to Homewarrantyreviews.com

I. Information We Collect and How We Use It

Account information and Activity Data. We ask for and store information about you when you post messages on the Site bulletin board, such as your email address and IP address. We also automatically store information related to your use of the Site, such as the pages you view on the Site, your browser type, IP address, date and time of your visit and other information volunteered by you. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

Public content. You can contribute to the Site in a number of different ways, including writing reviews, participating in talk threads and voting on other users’ contributions. We may store these contributions (your “Public Content“), display them to other users, and use them for promotional purposes. Note that if you include personally identifiable information in your Public Content, it can be used and viewed by others. Site has the authority to remove any and all personally identifiable information from your Public Content but we are not responsible for the information you choose to include in your Public Content.

Cookies. We send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. “Cookies” refer to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We enable some of our business partners to use cookies in conjunction with your use of the Site. We have no access to or control over the use of these cookies. These cookies collect information about your use of the Site. You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites.

Feedback. You should feel free to give us feedback, register a complaint, or ask questions about the Site. We may store your communications, including any personal information you include in them, so that we can effectively respond to you. None of the Feedback you provide will be considered confidential information and Site may use such information freely to improve services offered.

Administration. We may use the information described above for routine administrative purposes, such as investigating abuses on the Site, responding to user inquiries and enforcing and applying our Terms of Use.

II. Transfer of Information

Third party advertising. Third parties serve some of the ads on the Site (such as Google through the Google AdSense program). We do not send any personably identifiable information to them, but they may have access to information that they obtain through cookies or that you share with them yourself such as your IP address, your ISP, the browser you used to access our Site and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites). You can opt-out of some these practices by visiting the Network Advertising Initiative’s opt-out page, and Omniture’s opt-out page

Aggregate information. We may share non-personal information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.

Site Visitors. Upon request we provide site visitors with access to contact information (e.g., name, address, phone number) that we maintain about them. Consumers can access this information by e-mailing us at the address stated below.

Investigations. We reserve the right to investigate abuses on the Site, and enforce and apply our Terms of Use. We may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms of Use; (c) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

III. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

IV. Dispute Resolution

If you believe that Site has not adhered to this Privacy Policy you may write to the Site administrator at [email protected]

V. Modifications to this Policy

The most current version of the Privacy Policy will govern our use of your information and will always be located here. If we make a change to this Policy that, in our sole discretion, is material, we will notify you either by prominently posting a notice of such changes prior to implementing the change on the Site. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Statement.

Legal Matters

In case if you are considering a law suit against this site, please read this page first!

The Supreme Court of the United States has held that anonymity of speech is protected under the First Amendment to the Constitution (see McIntyre v. Ohio, 514 U.S. at 337; Talley v. State of California, 362 U.S. 60). United States courts also recognize the right to speak anonymously – AND have held that the right extends to speech on the Internet. When courts have ordered disclosure of the name of an anonymous user, a litigant must show that its need for identifying information outweighs the user’s constitutional right. www.homewarrantyreviews.com recognizes this right to anonymity of our users.
Further, as per Electronic Frontier Foundation,

Anyone questioning the legality of anonymous postings on an internet site should familiarize himself or herself with 47 USC Section 230, the federal law that permits many entities to “host” other people’s content without being liable for defamation/libel etc. “By its plain language, § 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997). Under 230(c)(2)(A). No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
However, we reserve the right remove inappropriate comments as justified by the law

(2) Civil liability.–No provider or user of an interactive computer service shall be held liable on account of– “(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Reference The following links may provide some useful information