Terms and Conditions

1. THIS AGREEMENT.
   1.1 Acceptance. Please read this Agreement carefully before accessing the Website. To use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), you indicate that you have read and agree to be bound by the terms and conditions set forth in this Agreement. By signing up for any service offered, you represent and warrant that you are at least eighteen (18) years of age, not a minor in your state of residence, and that, if executing this Agreement on behalf of an entity or person, you have been duly authorized to do so by such entity or person. You are not authorized to use the Website if (a) you are not of legal age or otherwise lack the legal capacity to form a binding contract with Online Home Warranty, or (b) you are barred from using the Website either (i) under the laws of your jurisdiction, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgment of this Agreement and adherence to its provisions in more than one way, such repeated requests are for the sake of good practice and in no way reduce the validity of any prior acknowledgment.
   1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to stay aware of such modifications. We will indicate changes by updating the “Last Updated” date at the beginning of this Agreement. Continued use of the Website after a modified version is posted constitutes your acceptance of the modified Agreement. If you do not agree to abide by each modified version, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2. SMS Text Messages; Robo Calls; Email Blasts; Other Contacts. By entering your information and clicking “GET YOUR FREE QUOTE,” “CHECKOUT,” “ENROLL NOW,” “SUBMIT,” “PROCEED,” “NEXT,” or similar language, you provide your electronic signature, (1) indicating that you have fully read and agree to the Terms and Conditions and Privacy Policy of Online Home Warranty, which includes a Consent to Arbitrate and a Class Action Waiver, and (2) providing consent to be contacted by Online Home Warranty to receive price quotes. This consent includes authorization for OHW and its Marketing Partners to contact you via email or at the telephone number provided, including your wireless number, using automated technologies, including texts and prerecorded messages, even if it is on a Do Not Call list. Consent is not a condition of purchase or receipt of services. If your area is not covered, you agree that your information may be referred to an alternate provider. To avoid automated calls or texts, you can call 480-489-1216 for a quote or information.
   2.1 Opt-Out. Removal or opting out from any OHW marketing lists, including pre-recorded messages, SMS, emails, or any form of communication, may take up to seven (7) business days from the request date to go into effect.
3. COMMERCIAL TRANSACTIONS.
   3.1 Purchases. Certain products or services may be offered for sale by OHW through the Website, by phone, or otherwise. If you wish to purchase any of these products or services, you will be asked by OHW or an authorized third party on OHW’s behalf to supply certain personal information (“PII”), including but not limited to your name, address, telephone number, and credit card information. You shall provide OHW and/or such third party with accurate, complete, and current PII and comply with the terms of any agreement you enter into regarding your purchase.
   3.2 Payment. Your right to use any service or product available for purchase through the Website, by phone, or otherwise is contingent upon payment of the applicable fees (“Fees”). All Fees must be paid in full at the time of purchase or as directed by OHW in writing. Payments may be made by Visa, MasterCard, Discover, or American Express.
   3.3 Taxes. You shall be responsible for obtaining licenses, permits, and approvals under local, state, or federal law applicable to your purchase of any products and/or services from OHW and paying all applicable taxes, fees, and charges.
4. INTELLECTUAL PROPERTY.
   4.1 Copyright Agent. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe their rights are being infringed. If you believe your work has been posted on the Website in a way that constitutes copyright infringement, please contact our copyright agent:

• Name: JTB Media
• Telephone: 480-489-1216
• Email: info@onlinehomewarranty.com
  We recommend consulting a legal advisor before filing a notice. Note that false claims under the DMCA may result in penalties. OHW will, in appropriate circumstances and to the extent plausible, terminate the account of any user who infringes copyright holders’ rights.
  4.2 Trademarks. All trademarks on the Website are the property of their respective owners. OHW is not affiliated with, or sponsored or endorsed by, any third-party trademark owner whose trademark appears on the Website (unless expressly indicated). You may not use, copy, reproduce, republish, distribute, or modify any trademarks in any way without our prior written consent or the consent of a third-party trademark holder, as applicable.

1. REPRESENTATIONS, WARRANTIES, AND COVENANTS.
   You represent and warrant that (a) you have full legal authority to enter into this Agreement, (b) you have read and will comply with this Agreement and any additional terms, (c) you have reviewed the Privacy Policy and understand OHW’s data protocols, (d) you will not use any content beyond what is expressly permitted, (e) you grant OHW the right to use your name, image, or likeness in connection with any filming at OHW events, and (f) this Agreement is enforceable against you.
2. LICENSE.
   You agree not to use, reproduce, distribute, or exploit any content on the Website, except for personal, non-commercial use in a manner that does not disparage OHW. You may print copies for personal, non-commercial use only.
3. DISCLAIMER OF WARRANTIES. 7.1 YOUR SOLE RISK. Use of the Website is at your sole risk. The Website is provided “as is,” “where is,” and “as available.” None of the OHW Parties assumes responsibility for your use of the Website, including any content, materials, or services.
4. LIMITATION OF LIABILITY.
   8.1 Limited Liability and Damages. In no event shall any of the OHW Parties be liable for lost profits or any special, incidental, indirect, consequential, or punitive damages.
   8.2 Cap on Liability. In no event shall the OHW Parties’ aggregate liability exceed the lesser of (a) the value paid by you for goods/services directly giving rise to the claim or (b) $1,000.
5. EXCEPTIONS. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for special, incidental, indirect, consequential, or punitive damages. Accordingly, some of the above limitations may not apply to you.
6. INDEMNITY.
   You agree to indemnify and hold OHW harmless from claims or liabilities arising out of (a) your breach of this Agreement, (b) your actions, (c) your use of the Website, (d) your negligence or misconduct, or (e) your violation of any law or rule.
7. THIRD PARTIES.
   OHW shall not be liable for any dealings between you and any third party found on or through the Website.
8. NO AGENCY.
   No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and OHW by this Agreement.
9. PRIVACY.
   OHW views privacy protection as a responsibility. Our Privacy Policy is available at https://firstpremierhomeswarranty.com/privacy-policy.
10. NOTICES.
    All notices shall be provided by certified mail to: 5338 E Calle Redonda, Phoenix, AZ, 85018, or via email to info@onlinehomewarranty.com. Notices are deemed given three (3) days after mailing or upon email receipt.
11. GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
    15.1 Governing Law. This Agreement shall be governed by the laws of New York. Claims arising out of or related to your use of the Website or this Agreement shall be governed by New York law.
    15.2 Arbitration; No Jury Trial; No Class Actions. Any dispute arising out of or related to this Agreement shall be resolved by binding arbitration in New York. Both parties waive the right to a jury trial and to participate in a class action. Any awards shall be limited to actual out-of-pocket costs and capped at $1,500 per claim.
    15.3 Equitable Relief. OH