Terms Of Use

Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use“), govern your access to and use of assuredprovider.com (“Website“), including any content, functionality, and services offered on or through assuredprovider.com, whether as a guest or a registered user. Your use of this website constitutes your acceptance of these terms and conditions.  If you do not agree with these terms and conditions, you should immediately cease use of this website and content.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use set forth below which govern your use of our site and services

This Website is offered and available to users who are sixteen (16) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Assurer Provider Services (“APS”) and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Service Contracts

The service contracts sold to you through assuredprovider.com are provided and administered by APS. You should carefully review the terms of the service contract before purchasing it.

Exclusions and Cancellations

See the terms and conditions, including but not limited to the exclusions and cancellation provisions of the service contract you purchase.

Service Contract Price

The service contract price rated for your vehicle is for the 30-day term of the contract. We will make all reasonable efforts to maintain that rate for additional service contracts purchased within 36 months of the initial purchase. However, we reserve the right to adjust pricing for our service and the service contracts in any manner and at any time as we may determine in our sole and absolute discretion upon notice to you.

Billing

If you purchase a service contract through assuredprovider.com, you will be charged the service contract purchase price rated for your vehicle, including surcharges and selected coverages. You may also be charged for participation in our reward plan and such other programs as you select. The date of your monthly payment will be the same date each month as your service contract purchase date, that is, the date you pay the service contract purchase price. We will process your payment on that day each month or as otherwise in accordance with the terms of the service contract you purchase. If payment is not made for your service contract within three (3) days of your monthly payment date, the service contract will be canceled. Log into your account to view billing information and the details of your transactions. Refunds are only processed pursuant to the terms of the service contract. All purchases through our site or other transactions for the sale of goods or services formed through our site are governed by our Terms of Sale which are incorporated by reference into these Terms of Use.

Payment Method

To use the assuredprovider.com service, you must provide us with a valid payment method. This payment method will remain on file in your account.  You authorize us to charge any and all payment methods associated with your account in order to pay for the service contract you purchase. You remain responsible to assuredprovider.com.com for any uncollected fees resulting from insufficient funds, expiration of your payment method, or otherwise. Certain payment methods may result in additional charges and fees to you resulting from the processing of payment. Please contact your payment provider for additional details. You can update your payment method or add additional payment methods by logging into your account.

Your Account

In order to save a quote or purchase a service contract, you must create an account. In order to maintain control over the account and ensure it is not compromised, please store your login credentials in a safe location and do not permit anyone access to the account. You must treat your username, password, and any other piece of information as part of our security procedures as confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible for the accuracy of the information you provide in your account. It is a condition of your use of the site that all information you provide must be correct, current, and complete. You agree that all information you provide in order to register and create an account with the site or otherwise, including through the use of interactive features on the site, is governed by our Privacy Notice and you consent to all actions taken with respect to your information consistent with our Privacy Notice.  We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. In addition, we may suspend or terminate your account without credit in order to protect you from fraud or other illicit activity, or if we determine that you are attempting to conduct such activity through the use of your account.

Electronic Communications

Information relating to your account and service contract will be sent to you electronically only according to the preferences you select. You consent to receive communications electronically from such as emails, texts, mobile push notices, app communications, notices, messages, chats, and information through our site. You agree that electronic notice satisfies any legal communication requirements, including that such communications be in writing.

Customer Support

For assistance with your account, please contact our customer support team via chat, email, or phone at any time.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate assuredprovider.com, an assuredprovider.com employee, another user, or any other person or entity (including, without limitation, by using email addresses or user ids associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm assuredprovider.com or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by APS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms of Use, assuredprovider.com grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Website in order to purchase service contracts. You agree to use assuredprovider.com and the services it provides, including all features and functionalities thereof in accordance with all applicable laws and these Terms of Use. Except as explicitly authorized, you agree not to archive, download, copy, reproduce, distribute, modify, publish, license, sell, resell, exploit, or create derivate works from, use data mining, robots, or other data gathering and extraction tools, or otherwise use or misuse or manipulate the content or information provided to you through assuredprovider.com. The license granted to you immediately terminates if you do not comply with these Terms of Use at any time.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them[, and apply to all access to and use of the Website thereafter]. [However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.]

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page [from time to time/frequently/each time you access this Website] so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • [Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.]
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

[If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@assuredprovider.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The assuredprovider.com name, the assuredprovider.com name logo, and all related names, logos, product and service names, designs, and slogans are trademarks of assuredprovider.com name or its affiliates or licensors. You must not use such marks without the prior written permission of the assuredprovider.com name. All other names, logos, product and service names, designs, and slogans on the site are the trademarks of their respective owners.

Disclaimer of Warranties and Limitations on Liability

ASSUREDPROVIDER.COM SPECIFICALLY AND EXPLICITLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH THE SERVICE CONTRACTS PURCHASED THROUGH ITS SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ASSUREDPROVIDER.COM, ITS AFFILIATES, SUBSIDIARIES, PARENT, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE SERVICES OF ASSUREDPROVIDER.COM AND INFORMATION PROVIDED THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED. ASSUREDPROVIDER.COM DOES NOT GUARANTEE THE PERFORMANCE OF OR MAKE ANY REPRESENTATIONS AS TO THE SERVICE CONTRACTS MADE AVAILABLE FOR PURCHASE THROUGH ITS SERVICE AND SITE. NEITHER THE ASSUREDPROVIDER.COM NOR ANY PERSON ASSOCIATED WITH THE ASSUREDPROVIDER.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ASSUREDPROVIDER.COM NOR ANYONE ASSOCIATED WITH THE ASSUREDPROVIDER.COM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE ASSUREDPROVIDER.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Arbitration

We ask that you contact one of our customer service representatives regarding any questions, concerns, or disputes you may have so that we may resolve them as soon as possible. If we are unable to satisfy your concerns, you agree that you will resolve any dispute, claim, or controversy you have with assuredprovider.com including but not limited to those arising out of or relating to these Terms of Use, the services provided, and the service contracts made available to you through our site through binding arbitration or in small claims court in states where arbitration is not permitted to be required. If you seek arbitration or to file a claim in small claims court, you must first send notice of your dispute to assuredprovider.com with a description of the nature and basis for the dispute and the specific relief sought at least 30 days prior to taking such action. Please send all notices to assuredprovider.com, legal@ assuredprovider.com. Arbitration will be governed by the commercial arbitration rules of the American Arbitration Association. The rules and forms relating to the arbitration are available at www.adr.org or you can contact the AA by calling 1-800-778-7879. The arbitrator’s decision shall be final and binding on all parties except for judicial review as permitted by law, and review and enforcement of injunctive relief wherein the court shall not be bound by the legal conclusions of the arbitrator. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

YOU AND ASSUREDPROVIDER.COM ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer's arbitration fees/If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR [APSCLAIMS].COM WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims

ANY ARBITRATION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH ARBITRATION PROCEEDING, CAUSE OF ACTION, OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless the assuredprovider.com its affiliates, subsidiaries, parent, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the site.

Class Action Waiver

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST ASSUREDPROVIDER.COM IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In addition, unless consented to by serviecontract.com, more than one individual’s claims may not be consolidated at arbitration or in small claims court.

Governing Law

This site is operated from the US. These Terms of Use and your use of assuredprovider.com and its services as well as any dispute that may arise are governed by and interpreted and construed in accordance with the laws of the state of New Jersey without regard to its conflict of laws provisions. These terms will not limit any consumer protection rights that you may have under the laws of the state where you reside.

Survival

The unenforceability, invalidity, or illegality of any provision of these Terms of Use shall not render the other provisions unenforceable, invalid, or illegal, and the remaining provisions shall remain in full force and effect.

Changes to Terms of Use

Assuredprovider.com may revise and update these Terms of Use, our site, and our policies from time to time in its sole and absolute discretion. Any revisions are effective immediately for individuals who are not holders of active service contracts and apply to all access to and use of the site thereafter, and effective 30 days from posting for all individuals with an active service contract. Your continued use of the site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Entire Agreement

The Terms of Use, Terms of Sale, and our Privacy Notice constitute the sole and entire agreement between you and assuredprovider.com regarding the site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the site.

Your Questions, Comments, and Concerns

This site is operated by APS. All notices of copyright infringement claims should be sent to legal@assuredprovider.com. All other feedback, comments, requests for technical support, and other communications relating to the site should be directed to info@assuredprovider.com.