Liberty Home Guard Terms of Use 2018-05-10T12:54:12+00:00

Liberty Home Guard Terms of Use

Introduction

These terms and conditions (the “Terms of Use”) govern your use of this website (“Site”). You agree to be bound by and comply with these Terms of Use by using this Site. If you choose not to agree to these Terms of Use, you should exit from this Site now and are not allowed to use this Site. Liberty Home Guard and all of its affiliates (collectively referred to as, “LHG,” “we,” or “us”), reserves the right to change these Terms of Use or this Site without notice at any time by making such changes to this Site. You can always view the most current version of these Terms of Use through clicking on the link at the bottom of this Site’s home page.

Please review these Terms of Use, as they state your rights and obligations when using this SITE as well as LHG’s Services. This includes a requirement to arbitrate on an individual basis any and all disputes that cannot be resolved with us through alternative means. As a result, this means that YOU UNDERSTAND THAT YOU WAIVE YOUR RIGHTS TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE AND JURY TO DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.

General Website Use and Restrictions

This Site provides you with access to information about LHG and enables you to sign up for LHG’s products and services. This includes Home Warranty Products (“LHG Services”). The site also provides information for other partnerships with LHG, including employment with LHG, working as a supplier or Service Provider for LHG, or other partnerships such as but not limited to with Real Estate Agencies.

Use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or identical manual process, to access, acquire, copy or monitor any portion of this Site or any of it’s content, or to in any way circumvent or reproduce the navigational structure or presentation of this Site or any of its content is strictly prohibited. To obtain or attempt to maintain any matericals, documents or information through any means not intentionally made available through this Site is strictly prohibited and we reserve the right to bar such activity.

 You are not allowed to attempt to gain unauthorized access to any feature or portion of this Site or LHG Services, or any other networks or systems connected to this Site or LHG services or to any of our servers or any of LHG Services by hacking, password “mining” or any other illegitimate processes.

For this Site or any network connected to this Site you are not allowed to probe, scan, test the vulnerability, or attempt to breach the authentication measures. You agree not to use any software, routine, interference protocol or device to interfere or attempt to interfere with the proper working of this Site or any transaction or sanctioned action being conducted on this site, including any other person’s use of this Site.

You may not use this Site or any of LHG Services or content for any unlawful purposes or purposes that are prohibited by these Terms of Use including to solicit the performance of any illegal activity or other activities that infringes upon the rights of others.

We are not able to guarantee and do not guarantee or warrant that files made available through this Site for downloading or LHG Services will be free of viruses, Trojan horses, worms, infections, or other code that contains destructive properties. By accessing this Site you acknowledge and affirm that it is your sole responsibility to take appropriate measures to safeguard and ensure that any and all files obtained through this Site are free from such contamination.

Third-Party Website Links

Links to third-party websites on this site are provided as a convenience to you and not as an endorsement by us of the entities or the contant of any of these third-party websites that are linked. We are not responsible for the content nor do we control the content of any third-party websites and make no representations regarding the accuracy or content of these third-party websites. Proceeding to access any linked third-party websites is at your own risk.

Your Privacy and Protection of Your Personal Information

Please read through LHG’s “Privacy Policy” to learn about what user information we collect, and how we protect and use such information as it relates to the Site and LHG Services. By using this Site and providing information through LHG Services you are acknowledging and agreeing that these Internet transmissions are never completely private or secure. Any message or information you send to us through this Site or LHG Service could be intercepted and may be read by others, even if there is notice that a particular transmission is encrypted (for example, credit card information).

Agreement to be Contacted and Telephone Communications

You acknowledge that telephone calls from and to LHG may be monitored and recorded and agree to such monitoring and recording.

You agree that any contact information provided to LHG by you, including your name, email address, mailing address, residential telephone number, and/or mobile phone number is true and accurate. You verify that you are the current owner or subscriber of any telephone number which you have provided to us. If any of your contact information changes, including your telephone numbers, you agree to notify us before these changes go into effect by phone at 833-544-8273, or by emailing inquiries@libertyhomeguard.com.

You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.

By voluntarily providing your telephone number(s) to LHG, you acknowledge that you expressly agree to receive prerecorded voice messages and/or text messages or autodialed calls from us related to offers, your account, any transaction with us, and/or your relationship with LHG. You also agree that LHG may obtain, email addresses, mailing addresses and phone numbers provided by you directly or obtained through other lawful means, and you agree to be contacted via that information. Such emails, phone calls and text messages include communications such as, confirmation of service requests, and account updates. You agree that even if you cancel your account and/or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls, texts, and emails is not  conditional on purchasing any goods or services. Calls or text messages to you may be made by or on behalf of LHG even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and if you do that LHG is not responsible for these charges.

You may opt-out of automated text messages at any time. Listen to the prompts on the message and select the option to opt-out in order to opt out of Automated Telephone Calls. Opt out requests can take up to (30) days to process. If you do opt out of automated calls, we reserve the right to make non-automated calls to you including calls that relate to any transaction, account, or other form of relationship with us.

Your Profile and Security

In order to access certain features or services offered by LHG including those offered through this site, you may be required to open an account including configuring a username and password. You are solely responsible for maintaining the confidentiality of the information you provide us including your password and for any and all activity that occurs under your account including when you fail to keep this information secure and confidential. In the case of any unauthorized use of your password or any other breach of security, you agree to notify us immediately. You may be held liable for any losses incurred by us or any other user of or visitor to this site due to the use of your username, and password or account, even if it is unintended due to your failing to keep your account information secure and confidential.

You are strictly prohibited from using anyone else’s login information (username and password) at any time, without the express permission of the holder of that username, password, or account. We will not be liable for any damage or loss arising from your failure to comply with these obligations.

Trademarks

Liberty Home Guard LLC, all of it’s associated logos including but not limited to the Home Guard icon, libertyhomeguard.com, and certain other trademarks used on this Site and as part of LHG Services are trademarks of LHG or its affiliates, registered in the United States of America and many other countries. Absent a written license agreement from us in each instance of use, you may not use these trademarks or any other trademarks belonging to LHG or its affiliates except for descriptive purposes. Other trademarks used on this Site are the property of their respective owners and are used in this Site solely for descriptive purposes.

Mention on this Site of trademarks held by other parties should not be construed as a challenge to such trademarks’ status or ownership.

Copyright

The entire contents of this Site, including but not limited to: graphics, logos, text, images, audio clips, digital downloads, button icons, Flash movies, data compilations and software, are the property of LHG, its content suppliers, affiliates or its clients and are protected by domestic and international trade dress, patent, copyright and trademark laws and various other intellectual property rights and unfair competition laws collectively, (“Content”). LHG grants you non-transferable, nonexclusive, limited permission to display and access the Content solely on your personal devices and for your personal, use. Any and all commercial use Content is strictly prohibited. If you modify the Content in any way this permission of use is revoked and you are prohibited of using such modified contact. You must keep intact all copyright, trademark and other proprietary items. Modifying, copying, reproducing, uploading, posting, transmitting or distributing any Content on the Site contents without our prior express written consent is strictly prohibited.

Your submissions of any and all files or data, including but not limited to: Flash Movies, images, logos, audio loops, email, resumes, and other software (“Submissions”) hereby constitutes your agreement to grant LHG a royalty-free, nonexclusive, worldwide, sub-licensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense, and publicly display any such submissions. In addition, you grant us the right to use your name in connection with all advertising, promotional and marketing materials related to you and your Submissions.

International Use

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

No Warranty

LHG SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS” AND ARE PROVIDED WITHOUT ANY REPRESENATION OR WARRANTY WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPLICITLY AND SPECFICIALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A SPECIFIC PURPOSE, AND NONINFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR LHG SERVICES WILL BE ACCESSIBLE WITHOUT DISRUPTION OR INTERRUPTION OR THAT THIS SITE, LHG SERVICES AND CONTENT, OR THE SERVER THAT MAKES THE SITE AND LHG SERVICES AVAILABLE ARE FREE FROM OMISSIONS, ERRORS, DEFECTS, VIRUSES, OTHER HARMFUL COMPONENTS, OR DESIGN FLAWS. YOUR USE OF THE SITE AND LHG SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE SITE, LHG SERVICES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION BY ANOTHER USER OF THIS SITE OR FAHWC SERVICES.

Indemnification

You agree to indemnify, hold harmless and defend LHG, its parent, affiliates, shareholders, agents, licensors, suppliers and any third-party information provider to this Site, together with their officers, partners, directors, owners and employees (collectively, the “LHG Released Parties”), from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from: (a) any violation or breach of these Terms of Use (including negligent or wrongful conduct) by you; or (b) your use and access of the Site and LHG Services.

Violations of these Terms of Use

If we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this Site and/or LHG Services, you agree that we, in our sole discretion and without prior notice, may terminate your access to this Site and/or LHG Services and/or block your future access to this Site and LHG Services. You also agree that any violation by you of these Terms of Use will constitute an unfair and unlawful business practice, and will cause irreparable harm to us for which monetary damages would be inadequate; and you consent to our 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, at our sole discretion and without prior notice, may terminate your access to this Site and/or LHG Services for cause, which for example includes: (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this Site or any LHG Services offered on or through this Site, or (4) unexpected technical issues or problems.

Resolution of Disputes; Arbitration

Governing Law/Disputes. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. Venue for all claims not subject to arbitration shall be in state or federal courts located in Brooklyn County, New York.

Resolution of any Dispute. In the event of a dispute between us and you, it is our desire to provide you with an efficient, unbiased, and cost-effective means of resolving the dispute. Most concerns can be easily and quickly addressed to the customer’s satisfaction by contacting our customer service department. Our contact info can be found in the contact us link at the top of our home page, libertyhomeguard.com. If there is an issue that must be resolved the following terms describe how both of us will proceed:

Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. Us and you agree that any dispute, controversy, or claim that comes out of your use of this website, its content, or LHG Services (collectively “Claims”) which cannot be settled by mutual agreement of the parties shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE  PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

MANDATORY ARBITRATION PROCEDURES. The parties agree to mediate in good faith, before resorting to mandatory arbitration . Unless you make written application to LHG and LHG agrees in writing to allow you to bring a small claims lawsuit against LHG solely in your individual capacity, any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA ”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”

Choice of Law. The arbitration will take place in Brooklyn County, New York or in the county in which you reside. The Federal Arbitration Act will govern the interpretation, applicability and enforcement of this arbitration agreement. This arbitration agreement shall survive termination of these Terms of Use.

Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a claim shall not be subject to arbitration.

Additional Terms

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. If any of these terms shall be deemed invalid, void or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term. Any rights not expressly granted herein are reserved.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us regarding the Site and the LHG Services. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding this Site and the LHG Services. No modification of these Terms of Use will be effective unless we authorize it.

Address of Record

Liberty Home Guard LLC

4101a Avenue U

Brooklyn, NY 11234

United States of America

Email: Inquiries@libertyhomeguard.com

Phone: 833-544-8273