Home Warranty Company | 2-10 Home Buyers Warranty

Terms And Conditions

Please read the below Terms And Conditions and indicate your acceptance of these terms:

AGREEMENT BETWEEN USER AND HOME BUYERS WARRANTY
The network of web sites (collectively, the "Site") operated by Home Buyers Warranty Corporation or its affiliates or subsidiaries, including but not limited to Home Buyers Warranty Corporation III, Home Buyers Resale Warranty Corporation, Home Buyers Warranty Corporation VI, 2-10 Home Buyers Warranty of Virginia, Inc., 2-10 HBW Warranty of California, Inc., and HBW Insurance Services, LLC (collectively, “HBW” or “2-10 Home Buyers Warranty”), is comprised of various Web sites and Web pages. This Site may be used solely under the following terms and conditions (“Terms of Use”) As a user of the Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Site in accordance with the Terms of Use. Your use of the Site constitutes your agreement to the Terms of Use. Your use of a particular HBW website included within the Site network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). In the event the Terms of Use conflict with the Additional Terms or other terms and guidelines contained within any particular HBW website, then the Terms of Use shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE.

MODIFICATION OF THESE TERMS OF USE.
2-10 HBW® reserves the right to change the Terms of Use at any time. You are responsible for regularly reviewing the Terms of Use. Continued use of the Site after any such changes constitutes your consent to such changes.

USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
The content of the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use in connection with your participation in the 2-10 HBW® New Home or Resale Home warranty programs, or to place an order with 2-10 HBW® or to purchase 2-10 HBW® products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of 2-10 HBW® is strictly prohibited.

Harassment in any manner or form on the Site or any areas of the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a 2-10 HBW® employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of HBW. The collective work includes works that are licensed to HBW. Copyright 2000 - 2003. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to HBW, or other respective owners that have granted 2-10 HBW® the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
2-10 HBW® respects the intellectual property of others, and we ask our users and visitors to do the same. 2-10 HBW® will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, 2-10 HBW® will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 2-10 HBW® the following information. Please be advised that to be effective, the notification must include ALL of the following: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of the location on the Site of the alleged infringing material; ; 4. your address, telephone number, and email address and all other information reasonably sufficient to permit 2-10 HBW® to contact you; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail: Home Buyers Warranty Corporation
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231
ATTN: General Counsel

By fax: (303) 368-0529
By Email: Info 2-10
(Please include "Notice of Infringement, ATTN: General Counsel" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING 2-10 HBW® THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

TYPOGRAPHICAL ERRORS.
In the event an 2-10 HBW® product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, 2-10 HBW® shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. 2-10 HBW® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, 2-10 HBW® shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION.
These Terms of Use and your license to use the Site may be modified or terminated by 2-10 HBW® without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION.
2-10 HBW® does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, 2-10 HBW® is merely acting as a passive conduit for such distribution and is not undertaking any duty, obligation or liability relating to any contents or activities on the Site. However, 2-10 HBW® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to HBW at its sole discretion. Note that any personally (non-commercial) identifiable information you may post or transmit will be treated by 2-10 HBW® in accordance with 2-10 HBW®’s Privacy Statement.

USER SUBMISSIONS.
Except for any personally (non-commercial) identifiable information we may collect from you under the guidelines established in 2-10 HBW®’s Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. 2-10 HBW® will have no obligations with respect to the Communications. 2-10 HBW® and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

USER CHAT ROOMS.
2-10 HBW® may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. 2-10 HBW®, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, these linked sites have separate privacy and data collection practices, independent of 2-10 HBW®. 2-10 HBW® has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that 2-10 HBW® sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, 2-10 HBW® seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

CLAIMS.
Each claim or statement about the effectiveness of 2-10 HBW® products and/or each claim or statement comparing the effectiveness of 2-10 HBW® products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

DISCLAIMER.
2-10 HBW® makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. 2-10 HBW® does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 2-10 HBW® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 2-10 HBW® DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 2-10 HBW® DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY.
IN NO EVENT SHALL 2-10 HBW® BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF 2-10 HBW® HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless HBW, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of 2-10 HBW® products) shall be in in Denver, Colorado. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of HBW products) must be commenced within one (1) year after the claim or cause of action arises. 2-10 HBW®’s failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. 2-10 HBW® may assign its rights and duties under this Agreement to any party at any time without notice to you. 2-10 HBW® makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Colorado do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Colorado.

ARBITRATION.
By using this Site, you agree that HBW, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (“Rules”), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages in any arbitration initiated under this section, except as may be required by statute.

NOTICE OF PRIVACY AND INSURANCE INFORMATION PRACTICES


As a valued customer of ours, we respect the trust that you have placed with us, and we continuously strive to earn and maintain that trust. We understand the importance of protecting the confidentiality and security of your nonpublic personal information. We have a long history of protecting our customer’s privacy. In order to provide you with the service you deserve, it is necessary for us to collect certain nonpublic personal information about you and, in some situations to share that information with others. The following notice describes our policies and practices with regard to customers’ and former customers’ nonpublic personal information.

CONFIDENTIALITY AND SECURITY OF YOUR NONPUBLIC PERSONAL INFORMATION
We maintain appropriate physical, electronic and procedural safeguards to maintain the confidentiality and security of your nonpublic personal information. Internally, we restrict access to nonpublic personal information about you to those employees who need to know that information to provide services to you. We provide training to our employees on the importance of maintaining the confidentiality and security of your nonpublic personal information. Employees who violate our privacy policies are appropriately disciplined.

CATEGORIES OF INFORMATION THAT WE COLLECT
We may collect nonpublic personal information about you (such as your name, address, telephone number, and credit card number if your warranty is paid for by credit card) from the following sources:
1. Information that we receive from you on applications, warranty contracts or other forms;
2. Information about your transaction with us, our affiliates or others
3. Information that we receive when you visit us through the internet


CATEGORIES OF PARTIES TO WHOM WE MAY DISCLOSE INFORMATION
We may disclose information about you to our affiliates. We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted or required by law: for example, in the event you file a claim for certain repairs under your warranty, we may disclose your name, address and telephone number to the contractor dispatch to perform the repairs.


ACCURACY OF YOUR NONPUBLIC PERSONAL INFORMATION THAT WE POSSESS
We strive to maintain the accuracy of your information. In order to help us maintain accuracy, you have the right to reasonably access your information. If you believe any of your information in our possession is inaccurate, you may request that we amend or delete the information that you believe to be erroneous. If we concur with your conclusion, we will amend or delete the information in question. You may write our Privacy Officer at the address below to receive our complete policy on accessing and amending your nonpublic personal information.


Privacy Office
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231
e-mail privacyofficer@2-10.com


CHANGES TO OUR NOTICE OF PRIVACY POLICY
We reserve the right to change our privacy policies and procedures. If we make any material changes to our policies or procedures. We will provide you with a copy of a revised notice.

OUR ADDRESSES.


Home Buyers Warranty Corporation
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

Home Buyers Warranty Corporation III
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

Home Buyers Resale Warranty Corporation
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

Home Buyers Warranty VI
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

2-10 Home Buyers Warranty of Virginia, Inc.
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

Home Buyers Warranty Corporation
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

HBW Insurance Services. LLC
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

Home Buyers Warranty Corporation
1417 West Arkansas Lane
Arlington, TX 76013

2-10 HBW Warranty of California, Inc.
10375 E. Harvard Ave. Suite 100
Denver, Colorado 80231

Last updated: November 24, 2009
Copyright 2003 HBW. All rights reserved