By using the Websites, you represent and warrant that you are of legal age to form a binding contract with EFG and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Websites.
2. Accessing the Websites; Account Set-up and Registration Details; Security and Restrictions
We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Websites.
It is a condition of your use of the Websites that all the information you provide on or through the Websites is correct, current and complete. You agree to: (i) provide true, accurate, current, and complete information when establishing your account, and all other or additional information you input or otherwise transmit on or through our Websites in connection with your use of the Websites (collectively, “Registration Information”); and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
Your account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your account or using your account credentials. You agree to (i) protect the confidentiality of your account credentials; (ii) not share or disclose your account credentials to any other person; (iii) prohibit anyone else from using your account credentials; and (iv) immediately notify EFG of any actual or suspected unauthorized use of your account or other security concerns of which you become aware. 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 agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
3. Intellectual Property Rights
The Websites and their 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 EFG, 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.
- 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 download a reasonable number of pages from brochures and sample contracts made available on our Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution, unless otherwise expressly permitted herein.
- If you are an authorized dealer of EFG’s products or services, you may download a reasonable number of pages from brochures and sample contracts made available on our Websites for commercial use as long as such use is limited to promotional or marketing purposes specific to EFG’s products and services.
- Modify copies of any materials from the Websites.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites.
The EFG Companies name, the EFG logo, the terms and descriptions set out immediately below (the “Terms and Descriptions”), and all related names, logos, product and service names, designs and slogans are trademarks of EFG or its affiliates or licensors. You must not use such marks without the prior written permission of EFG. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.
Terms and Descriptions:
- BEST REGUARDS
- CERTIFIED HERE
- COMMON SENSE COMPLIANCE
- ComeBack Vehicle Replacement Protection
- Design (Car, Wings & Halo)
- Simplicity Protection Design (Interlocking Conclave Rectangles)
- DRIVE FOREVER WORRY FREE
- DRIVER’S ADVANTAGE
- DRIVER’S ADVOCATE
- EFG COMPANIES (Logo)
- EFG COMPANIES (Logo) Class 2
- EFG COMPANIES (Logo) Home Services
- For Once, Someone is Looking Out For You.
- Get Y-lingual
- HAWG HIDE (design, in color)
- Let Your Competitor Have the P.H.D.
- O.V.E. (Design Mark)
- LEARNING OPPS THROUGH VIRTUAL ENGAGEMENT
- MAP MOTORIST ASSISTANCE PLAN (with design)
- MAP MOTORIST ASSISTANCE PLAN & Design
- MOTORIST ASSISTANCE PLAN
- OWNER ESSENTIALS
- PROTECT YOUR HIDE
- ROADSIDE HIDE
- RUBBER-SIDE HIDE
- SIGNATURE FINISH
- S SIGNATURE PROTECTION
- S SIGNATURE FINISH
- SIGNATURE SECURITY
- E SIGNATURE SECURITY (Design)
- SIMPLICITY HOME PROTECTION
- SIMPLICITY LEASE PROTECTION
- SIMPLICITY PAYMENT PROTECTION
- SIMPLICITY PROTECTION
- SIMPLICITY REPAIR PROTECTION
- SIMPLICITY VEHICLE PROTECTION
- SIMPLY PUT, YOU’RE PROTECTED.
- SIMPLY PUT. YOU’RE PROTECTED.
- VERIFIED RIDE
- WALLET HIDE
- WEALTH BUILDER
- XTREME PROTECTION PLAN
- xtreme PROTECTION PLAN (with design)
5. Prohibited Uses
- 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate EFG, an EFG employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm EFG or users of the Websites or expose them to liability.
- Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
- Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites.
6. Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including materials provided by other users and third-party licensors, bloggers, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EFG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EFG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Changes to the Websites
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
8. Orders and Purchases
Online PaymentsYou can purchase products and/or services on or through our Websites. You agree to pay all fees due for such products and/or services and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit or debit card information. By entering your payment information and submitting your request to receive products or services offered on or through our Websites, you authorize us, our affiliated entities, or our third-party payment processors to charge the amount due, including recurring fees associated with subscription-based products and services offered on or through our Websites (see Subscription Terms).
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit or debit card you designate during the setup process. If you want to designate a different credit or debit card or if there is a change in your credit or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit or debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit or debit card company or other financial institution, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit or debit card and payment card information.
Subscription TermsCertain products or services offered on or through our Websites may be offered on a tiered subscription basis for which we may charge a subscription fee. If you purchase a subscription to such products or services, your subscription will be for a monthly term.
At the end of your subscription period for a product or service, you will have an opportunity to renew or upgrade your subscription. Certain subscriptions may have the option of automatically renewing at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You may request to cancel your subscription by:
- Completing the relevant Cancellation Request form available here and sending it to us;
- Calling us at 1-800-527-1984;
- Mailing EFG Companies, 122 West Carpenter Frwy., 6th Floor, Irving, TX 75039; or
- As otherwise indicated to you at the time of your purchase.
We may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is canceled for any reason, you will need to re-subscribe in order to access our subscription-based products or services.
Order AcceptanceWe reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verification or information from you before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
9. Privacy Practices
All information we collect on the Websites is subject to our Privacy Notice. By using the Websites, you consent to all actions taken by us with respect to your information in accordance with our Privacy Notice.
10. Links To External Sites
If the Websites contain 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 the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Disclaimer of Warranties
EFG DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR THAT THE WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THESE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PRODUCTS OR SERVICES RELATED TO OR OTHERWISE OFFERED THROUGH THE WEBSITES, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED ON OR THROUGH THE WEBSITES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, PRODUCTS AND SERVICES RELATED TO SUCH WEBSITES, AND LINKED WEBSITES. EFG DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
12. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EFG, ITS AFFILIATES, 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 WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Governing Law and Jurisdiction
We will try to work in good faith to resolve any issue you have with the Websites, including products or services purchased through the Websites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND EFG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EFG agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
16. Waiver and Severability
17. Entire Agreement
19. Contact Us
122 West Carpenter Frwy.
Irving, TX 75039
© 2019 Enterprise Financial Group, Inc. All Rights Reserved. Administered by Enterprise Financial Group, Inc. or one of its affiliated companies. Enterprise Financial Group of Florida, Inc. Florida License #60102