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Terms of Service

Last modified: May 15, 2017

 

Welcome to www.trustmarkwarranty.com (the “Site”). Please read these Terms of Service and Trustmark’s Privacy Policy, as they set forth the legally binding terms governing your visit to this Site.

By using this Site, you agree that you have read, understand, and accept these Terms of Service and Trustmark’s Privacy Policy, and you affirm that you are 18 years of age or older and that you are able to and will comply with the obligations set forth in these Terms of Service. Trustmark reserves the right to change these Terms of Service at any time in its sole discretion, and will post amended Terms of Service to this page. If you object to any changes in the Terms of Service, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date of any changes shall indicate your acknowledgment of such changes and agreement to be bound by the Terms of Service as amended. If you do not agree to these Terms of Service, or Trustmark’s Privacy Policy, please do not use the Site.

United States Site and Pricing

Trustmark administers this Site from 1250 Main Street, Suite 300, Napa, CA 94559, United States of America. This Site is intended for viewing only in the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with any applicable laws.

All materials and information contained on this Site apply to the United States market only. All pricing is in U.S. dollars. Trustmark makes reasonable efforts to ensure that the pricing and product information contained on this Site is correct. However, prices and all other information shown on this Site are subject to change at any time without notice, may vary from region to region, and may not be completely up to date or accurate.

Third-Party Websites

This Site may contain links to third-party websites that are not owned, controlled, or maintained by Trustmark (“Third-Party Websites”). Trustmark has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any Third-Party Websites. By clicking on links to any Third-Party Websites, you expressly relieve Trustmark from any liability arising from your use of any Third Party Websites.

Limited Licenses

This Site is protected by U.S. and international copyright and trademark laws and treaty provisions, regardless of whether a copyright or trademark notice is present. All text, images, graphics, animation, videos, music, sounds, logos, designs, trademarks, service marks, tradenames, and other materials on this Site are subject to the copyright, trademark, and other intellectual property rights of Trustmark. You agree to comply with all intellectual property laws in your use of this Site and to prevent any unauthorized copying of the Site and the Site’s contents. Except as expressly provided herein, Trustmark does not grant any express or implied right to you under any of its trademarks or copyrights.

Subject to your compliance with these Terms of Service, Trustmark grants you a non-exclusive, non-transferable, limited right to access, view, and use this Site and the information, such as images, graphics, animations, videos, music, sounds, and text, thereon (the Site’s “Materials”). You agree not to dispute Trustmark’s claims of ownership or validity of its rights in the Materials on this Site.

Trustmark authorizes you to download the Materials on this Site only for your personal use. Trustmark may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the Materials and is subject to the following restrictions: (a) you must retain, on all copies of the Materials downloaded, all copyright, trademark, and other proprietary notices contained in the Materials; (b) you may not modify the Materials in any way or reproduce, publicly display, perform, distribute, or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Service.

DMCA Notification

If you believe that any content on this Site infringes your copyright rights, please notify Trustmark by providing the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trustmark to locate the material, such as a URL and/or a description of the material’s location;
  • Information reasonably sufficient to permit Trustmark to contact you, such as an address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or the law; and
  • A statement that the information you are providing is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send your notice by mail to Trustmark, Legal Department - DMCA Agent, 101 West American Canyon Road, Suite 508-314, American Canyon, CA 94503 or by email to sales@trustmarkwarranty.com.

Linking, Crawling and Archiving

If you would like to link to this Site, you must comply with the following restrictions: (a) Do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content): you may only link to, not replicate, the Site’s content; (b) Do not use any trademarks, logos, designs, or service marks of Trustmark or its affiliates in your links; (c) Do not create the appearance of a relationship or affiliation with Trustmark or its affiliates; and (d) Do not include any offensive, distasteful, illegal, or inappropriate content on your site.

If you would like to use a web crawler or other search tool to gather information from the Site, you may not circumvent any of the Site’s security measures.

Other Conditions/Restrictions

By using this Site, you agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms of Service. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Any attempt by any individual to deliberately damage any website, tamper with the submission process, or otherwise undermine Trustmark’s business operations may be a violation of criminal and civil laws and should such an attempt be made, Trustmark reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law.

Indemnification

By using this Site you agree that you will indemnify and hold harmless Trustmark; its employees, agents, directors, officers, and shareholders; Trustmark’s subsidiaries and affiliates; and their respective employees, agents, directors, officers, and shareholders from and against any and all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms of Service, or your breach or alleged violation of the patent, copyright, trademark, proprietary, or other rights of third parties. Trustmark reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with Trustmark’s defense of such claim.

Disclaimer

This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical, or other errors. In certain areas, the information provided may represent an opinion or judgment. However, you acknowledge and agree that Trustmark does not provide any legal, tax, medical, counseling, accounting, investment, financial, or any other professional services or advice on this Site. YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUSTMARK’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF AND SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES; INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Miscellaneous

These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site. These Terms of Service are governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court or arbitration panel determines that any provision in these Terms of Service is illegal or unenforceable, then such provision will be eliminated (though the court or arbitration panel shall endeavor to give effect to the parties’ intentions as reflected in the provision) and the remaining provisions will remain in force and effect. Trustmark’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. All controversies arising under, or in connection with, these Terms of Service shall be finally determined by arbitration in Napa, California, in accordance with the rules of the American Arbitration Association, by three (3) arbitrators appointed in accordance with such rules, and judgment may be entered on any award in any court of competent jurisdiction. Notwithstanding the above, nothing herein shall be construed to limit Trustmark’s right to seek injunctive relief immediately from any court of competent jurisdiction in the event that Trustmark reasonably believes that such relief is warranted to maintain the status quo, or to avoid injury, pending the arbitration.