First American Terms of Use

Introduction

Your use of this website (“Site”) is governed by these terms and conditions (the “Terms of Use”). By using this Site, you agree to comply with and to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site and should exit from it now. First American Home Warranty Corporation and its affiliates, (collectively, “FAHWC,” “we,” or “us”), reserves the right to change this Site and these Terms of Use at any time without notice to you by posting such changes to this Site. You can view the most current version of these Terms of Use by clicking on the “Terms of Use” hypertext link located at the bottom of the home page in this Site.

Please read these Terms of Use carefully, as they set forth your rights and obligations when using the Site and FAHWC Services (as hereinafter defined), which includes a requirement to arbitrate on an individual basis all disputes that cannot be informally resolved with us. This means that YOU WAIVE YOUR RIGHTS TO LEAD OR PARTICIPATE IN A CLASS ACTION INVOLVING YOUR USE OF OUR SITE OR THE FAHWC SERVICES.

General Site Use and Restrictions

On this Site you will be able to access information about and sign up for FAHWC’s products and services, including home warranty products (the “FAHWC Services”). The Site also provides information for investors and about careers with FAHWC.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this Site or FAHWC Services, or any other systems or networks connected to this Site or FAHWC Services or to any of our servers, or to any of the FAHWC Services offered on or through this Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person’s use of this Site.

You may not use this Site or FAHWC Services or any of its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

We cannot and do not guarantee or warrant that files made available for downloading through this Site or FAHWC Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. By accessing this Site, you acknowledge and agree that it is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this Site are free from such contamination.

Links to Other Sites

This Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the content of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and we make no representations regarding the content or accuracy of materials on the linked third-party websites. If you access any linked third-party websites, then you do so at your own risk.

Privacy and Protection of Personal Information

Please see First American’s “Privacy Policy” to learn what user information we collect and how we use and protect such information in connection with the Site and FAHWC Services. Additionally, by using this Site and/or providing information through the FAHWC Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site or FAHWC Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Telephonic Communications And Agreement to be Contacted

Calls Monitored and Recorded. You acknowledge that telephone calls to or from FAHWC may be monitored and recorded and you agree to such monitoring and recording.

Verification of Contact Information. You verify that any contact information provided to FAHWC, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by phone at 800-992-3400, mail at PO Box 7248 Santa Rosa, CA 95407, or electronically by visiting the Homeowner Center at www.firstam.com/warranty.

Indemnity. 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.

Consent to be Contacted. You acknowledge that by voluntarily providing your telephone number(s) to FAHWC, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with FAHWC. You also agree that FAHWC may obtain, and you expressly agree to be contacted at, email addresses, mailing addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. These telephone calls and text messages may include, for example, confirmation of service requests, changes to your account, and account collections. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of FAHWC 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 that FAHWC is not responsible for these charges.

Right to Opt-Out. You may opt-out of automated text messages at any time by replying STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls, please listen to the prompts on the message and select the option to opt-out. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Use.

Accounts, Profiles, Passwords and Security

Certain features or services offered on or through this Site and FAHWC Services may require you to open an account (including setting up a username and password) or create a profile for use in applying for something (such as a home warranty or a job). You are entirely responsible for maintaining the confidentiality of the information you provide and hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We will not be liable for any loss or damage arising from your failure to comply with these obligations.

Trademarks

First American Home Warranty Corporation, the eagle logo, and homewarranty.firstam.com, and certain other trademarks used on this Site are trademarks of FAHWC or its affiliates, registered in the United States of America and many other countries. Absent a written license agreement from us in each instance, you may not use these trademarks or any other trademarks belonging to FAHWC 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.

Site Content

The entire contents of this Site, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations and software, are the property of FAHWC, 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”). FAHWC grants you nonexclusive, non-transferable, limited permission to access and display the Content solely on your computer and for your personal, non-commercial use of this Site. This permission is conditioned on your not modifying the Content, keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any Content on the Site contents without our prior express written consent.

By submitting information and/or files on or through the Site or FAHWC Services, including, but not limited to: resumes, email, flash movies, images, logos, audio loops and other software (“Your Content”), you hereby grant FAHWC and its affiliates and their successors and assigns, as well as their vendors and service providers with a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense and publicly display Your Content on the Site and in other media now existing and developed in the future. You also grant us the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

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

WE PROVIDE THE SITE, FAHWC SERVICES AND CONTENT “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE FAHWC SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, FAHWC SERVICES AND CONTENT, OR THE SERVER THAT MAKES THE SITE AND FAHWC SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND FAHWC 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, FAHWC 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 FAHWC SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION BY ANOTHER USER OF THIS SITE OR FAHWC SERVICES.

Indemnification

You agree to indemnify, defend and hold harmless FAHWC, its parent, affiliates, shareholders, agents, licensors, suppliers and any third-party information provider to this Site, together with their officers, directors, owners, partners and employees (collectively, the “FAHWC 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 FAHWC Services.

Violations of these Terms of Use

You agree that we, in our sole discretion and without prior notice, may terminate your access to this Site and/or FAHWC Services and/or block your future access to this Site and FAHWC Services 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 FAHWC Services. You also agree that any violation by you of these Terms of Use may 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.

Further, we, in our sole discretion and without prior notice, may terminate your access to this Site and/or FAHWC Services for cause, which 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 FAHWC 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 California without application of conflict of laws rules. Venue for all claims not subject to arbitration shall be in state or federal courts located in Orange County, California.

Resolution of any Dispute. This provision constitutes an agreement to arbitrate disputes on an individual basis. Any party may bring an individual action in small claims court instead of pursing arbitration.

All disputes and claims arising out of or relating to your use of the Site or FAHWC Services must be resolved by binding arbitration. This agreement to arbitrate includes, but is not limited to, all disputes and claims between you and FAHWC. This agreement to arbitrate applies to you and FAHWC, and their respective parent and subsidiary companies, affiliates, agents, employees, predecessors and successors in interest, assigns, heirs, spouses, and children. As noted above, a party may elect to bring an individual action in small claims court instead of arbitration, so long as the dispute falls within the jurisdictional requirements of small claims court.

Any arbitration must take place on an individual basis, and you and FAHWC agree that each is waiving any right to a jury trial and to bring or participate in a class, representative, or private attorney general action, and further agree that the arbitrator lacks the power to consider claims for injunctive or declaratory relief, or to grant relief affecting anyone other than the individual claimant.

The arbitration is governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. FAHWC will pay all AAA filing, administration and arbitrator fees for any arbitration it initiates and for any arbitration initiated by another party for which the value of the claims is $75,000 or less, unless an arbitrator determines that the claims have been brought in bad faith or for an improper purpose, in which case the payment of AAA fees will be governed by the AAA Rules.

The arbitration will take place in Orange County, California 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 FAHWC 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 FAHWC Services. No modification of these Terms of Use will be effective unless we authorize it.

Address of Record

First American Home Warranty Corporation

PO Box 7248

Santa Rosa, CA 95407