Porch Warranty Terms of Use
Effective Date: June 27, 2023
Porch Warranty helps homeowners and other users of its services (“you” or “User”) find and obtain home warranty and other similar products. The following Terms of Use outline your obligations when using the Services, defined below.
1. Agreement to Terms
The Porch Warranty website available at www.porchwarranty.com and the various content, features, related telephone services, and services offered on and in connection with the site (the "Services") are owned and operated by Porch Warranty and can only be accessed and used by you under the Terms of Use described below (including our Privacy Policy and applicable Additional Terms, “Terms”). By accessing or using the Services, you agree to all the terms and conditions of the Terms.
The Terms include a class action waiver and require binding arbitration on an individual basis to resolve disputes. The Terms also contain a disclaimer of warranties and a disclaimer of liability, as well as a release and indemnification by you. Details are set forth below.
References to Porch Warranty (“we” or “us”) in the Terms include companies that provide business services to or administer warranties for Porch Warranty, to the extent that they are acting for or on behalf of Porch Warranty.
Please review our Privacy Policy. Some programs have additional terms, which will be posted on the Properties or otherwise communicated to you if you elect to participate in such a program (“Additional Terms”), and which are also part of the Terms. By participating in a program with Additional Terms, you agree to the applicable Additional Terms.
2. Changes to Terms
We may modify the Terms (including any Additional Terms) at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. You waive any right you may have to receive specific notice of such changes. Please review the Terms each time you use the Services, as your continued use of the Services after such posting (or other notification, if any) means you accept and agree to be bound by the modified Terms.
3. Site Content
The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Porch Warranty (collectively, the "Content"), are the proprietary property of Porch Warranty and its administrators, suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. Any use of the Content without our express written consent is strictly prohibited. Porch Warranty reserves all rights to the Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. We hereby grant you a
limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Services. Unauthorized use of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
4. Eligibility
If you are accessing and using the Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms.
Users must be 18 years of age or older to use or register for Services. By using the Services, you represent and warrant that your Use of the Services does not violate any applicable law or regulation.
5. User Conduct
We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:
Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services;
Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law);
Access, download, monitor, or copy any Content contained in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Porch Warranty does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file;
Frame any part of the Services;
Use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Services, or any other systems connected to the Services);
Use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm us, our service providers or suppliers, or any other person;
Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements or deceptive or fraudulent behavior;
Infringe or violate the privacy rights, property rights or any other rights of any person or entity, or;
Violate any applicable law, rule or regulation.
6. Collected Information and User Submissions
You agree and acknowledge that we may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, "Collected Information").
If you knowingly provide false information, including any name, telephone number or other contact information that is not yours (whether it's someone else's or just made up, you agree to fully indemnify and be liable to Porch Warranty or any other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys' fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
7. Suggestions
If you elect to provide or make available to Porch Warranty any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), we will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
8. Warranty; Accuracy of Information
Except as provided herein, the Services are provided “as is.” Porch Warranty makes no representation or warranty about the accuracy or suitability of the information provided through the Services. To the extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
9. Third-Party Intellectual Property
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided as part of the Services. These Third-Party Materials are not owned or controlled by Porch Warranty. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Porch Warranty. All non-Porch Warranty trademarks, product names and logos appearing on our Services are property of their respective owners.
10. Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright
or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed 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, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
Porch Warranty
Attn: Legal Department
411 1st Ave S, Suite 501
Seattle, WA 98104
dmca@porch.com
(855) 767-2400
This email address is for DMCA notification only. If you have other questions about the Terms, please contact contact@porchwarranty.com.
11. Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
12. Termination; No Right to Services
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, at any time and for any reason (including those specifically described in these Terms).
13. Warranty Disclaimer
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Porch Warranty, its affiliates, its administrators, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Porch Warranty Parties") disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with Porch Warranty, other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
14. Limitation of Liability.
In no event will the Porch Warranty Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the Porch Warranty Parties arising out of or in connection with the Terms and/or the Services exceed one hundred dollars ($100). Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
15. Indemnification.
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Porch Warranty Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (1) your transactions with third parties, or (2) any violation by you of any of the Terms or applicable laws. We reserve the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
16. Release.
You agree that you bear all risk and, in consideration of the services provided by Porch Warranty, you hereby release the Porch Warranty Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Porch Warranty or other third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
17. Disputes
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, you and Porch Warranty may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
Attorneys’ Fees. If any of the Porch Warranty Parties take legal action against you as a result of your violation of these Terms, the Porch Warranty Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Porch Warranty Parties.
18. General
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Porch Warranty's prior written consent, but may be assigned by Porch Warranty without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include the Privacy Policy and applicable Additional Terms) constitute the entire agreement between you and Porch Warranty concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Porch Warranty with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Porch Warranty’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except for (i) the Porch Warranty Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about these Terms, please contact us by email at contact@porchwarranty.com or in writing at 411 1st Ave South, Suite 501, Seattle, WA 98104.