AMT Warranty Corp. Consumer Privacy Notice
Last Updated: June 2015
Click here to access the AMT Warranty Corp. Consumer Privacy Notice
AMT Warranty Corp. is a subsidiary of AmTrust Financial Services, Inc.
Last Updated: May 4, 2015
AmTrust is committed to protecting the privacy of the personal information of individuals we encounter in conducting our business. “Personal Information” is information that identifies and relates to you. It includes Personally Identifiable Information, Payment Card Information and Personal Health Information as defined below. Our goal is to address your need for excellent service, while meeting our commitment to keep your Personal Information safe and secure. The safeguards we use to protect your Personal Information are described below.
We may change the provisions of this Policy at any time and will indicate when changes have been made by revising the date at the top of this Policy and on this Website.
We may revise and update the provisions of this Policy from time to time at our sole discretion. All changes are effective immediately when posted. Your use of the Services following the posting of such changes shall constitute your consent to such changes. We encourage you to review this Policy whenever you access the Services to see if it has changed and make sure that you understand the most current information about your privacy.
What Information Does AmTrust Collect?
AmTrust collects information: (1) you provide when you use the Services; (2) automatically from you through the use of the Services; and (3) gathered from third parties in connection with your use of the Services.
1) Information That You Provide
AmTrust may collect information that you provide when you use the Services. This information collection may occur, for example, when you: (1) fill out online forms or applications; (2) create an online account or register to use the Services; (3) make a purchase; (4) send questions or comments via email, text messaging or live chat to customer support; (5) submit your resume to us online; (6) fill out online surveys; and (7) otherwise communicate or interact with us through the Services.
The types of information that you provide may include your name, postal address, email address, telephone number, insurance policy number(s), financial account number, Social Security number, credit card information, gender, birth date and other contact or identifying information. We may combine this information with other personal information now or in the future.
Some of the information you may provide is considered Personal Information. This includes Personally Identifiable Information (PII), Payment Card Information (PCI) or Personal Health Information (PHI). The term PII refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become so whenever additional information is made publicly available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. You may also provide PCI such as card number, expiration date and security code or PHI as defined in HIPAA regulations. You will only be asked to provide this information if required for the completion of the intended services.
2) Information We Collect Automatically Through Collection Technologies
When you access or use our Services, we may also automatically collect information about you, such as the type of computer you are using, its operating system, Internet Protocol ("IP") address, access times, browser type and language and the URL of the Website you visited before navigating to our Services.
To collect these types of information, we may use the technologies, including those identified below:
Browser Cookies: Cookies are small data files stored on your computer or mobile device by a Website. Among other things, cookies help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. In addition, when you view a video on our Services, we may set a cookie on your computer or device. For more information about cookies, and how to disable them, please see "What Are Your Information Sharing Choices?" below.
Storage Cookies: Certain features of our Websites may use locally stored objects (storage cookies) to collect and store information about your preferences and navigation to, from and on this Website. Such cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons: Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as web bugs, clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to monitor user behavior, deliver cookies, collect information, count visits, understand usage and campaign effectiveness, to tell if a recipient has opened and acted upon an email and verifying system and server integrity.
Log Files: Log files record Website activity on our Services and enable us to gather statistics about our users' browsing habits. These entries help AmTrust determine, among other things, how many and how often users have accessed or used our Services, which pages of our Services they've visited, and other similar data.
There may be other technologies now and later devised and used by us in connection with the Service. We may associate the information we collect from these technologies with other information, including Personal Information that you provide for the purposes described in this Policy.
3) Information We Collect From Third-Parties
We engage third parties to provide:
Website Analytics: AmTrust uses analytics services and software provided by third parties to help us understand how users access and use the Services. These tools and services place cookies, web beacons and other devices or technologies on our Services to enable them to track traffic data. The data collected typically includes information such as your IP address, your Internet Service Provider, your web browser, the time spent on webpages, the links clicked, and the advertisements viewed on those pages. We use this information to improve our Services and your experience, to see which areas and features of our Services are popular, and to count visits.
How Does AmTrust Use The Information It Collects?
We may use the information including Personally Identifiable Information that we collect or you provide as described in this Policy for the following purposes:
To present this Website and its contents to you;
To monitor and evaluate trends, usage and activities in connection with our Services;
To improve the Services and customer service;
To monitor performance and usage of the Services, identify problem areas with the Services, and inform design development for future Services and updates to existing Services.
To provide and deliver the products and services you request, process transactions, and to send you related information, including expiration and renewal notices, confirmations and invoices;
To send you advertising or promotional materials, including information about new products, contests, features and enhancements, special offers and other events of interest from AmTrust and our select partners;
To respond to your comments, questions and requests;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to this Website or any products or services we offer or provide though it;
To allow you to participate in interactive features on this Website;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.
AmTrust may store and process PII in the United States and other countries, including the United Kingdom, Italy, and Bermuda.
With Whom Does AmTrust Share Your Information?
AmTrust may share information that it has collected from you while using the Services, including on co-branded pages and where it has taken reasonable measures to de-identify such information. We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction.
AmTrust does not share your PII with third parties other than as described in this Policy or in connection with the Services. We may disclose Personal Information that we collect or you provide to the following parties:
Our subsidiaries and affiliates;
Third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for AmTrust and who have agreed to maintain the confidentiality, security, and integrity of the information they obtain from us, and, unless we notify you otherwise and provide you with an opportunity to opt-out, will not use your information for any purpose other than as described in this Policy;
A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of AmTrust's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by AmTrust about our Website users is among the assets transferred;
Governmental authorities and third parties involved in court action to comply with applicable law or legal process or to respond to lawful requests or legal authorities;
Third Party sites that provide relevant information not found on our Services such as training and informational materials that facilitate online commerce, capture data for AmTrust such as career applications and allow you to interact with other Websites and/or applications in which you may have accounts (such as Facebook and other social media sites). AmTrust may provide links or embed third-party applications that allow login from our Services to third party Websites. AmTrust will notify users when they are leaving the Services or otherwise indicate that you will be going to a third-party's site. Your use of these third party Websites and/or applications is subject to the third parties' privacy policies, and we encourage you to read the third parties' privacy policies before submitting personal or other information or using the Websites and/or applications.
To any entity and for any other purpose disclosed by us when you provide the information or to any entity with your consent.
What Are Your Information Sharing Choices?
We strive to provide you with choices regarding the information, including PII, you provide to us. We have created mechanisms to provide you with the following control over your information:
If you have registered with our Services, you may at any time review and/or update the contact information we have for you or inform us that you want us to remove your information from our database by either visiting the online profile section of one of our Services or clicking here. If you choose to send us an email, please be sure to include in your message, the name of the Website or mobile application at which you registered and the email address you used to register so that we can verify your request. We will respond to all access requests within 30 days. We cannot delete your PII except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Regarding Cookies and Other Collection Technologies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party cookies used in connection with our Services. For more information about how to delete or disable cookies, please visit http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies or www.adobe.com/products/flashplayer/security. Note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Regarding Promotional Communications
You may opt out of receiving promotional emails, text messages or mail from AmTrust by declining to receive such communications at the time of registration or at the time you otherwise provide the information to AmTrust. You may also opt-out of receiving promotional emails or text messages by following the instructions in those emails or text messages or by clicking here
. If you opt out, we may still send you transactional or relationship messages, such as emails about your account or our ongoing business relations..
How Does AmTrust Safeguard Your Personal Information?
AmTrust maintains its own security measures that are designed to help us protect your information. We take the security of PII, such as Social Security and credit card numbers, seriously.
AmTrust has established reasonable technical, physical, legal and organizational measures which are consistent with applicable privacy and data security laws. Such measures include, but are not limited to, network, database and application security controls and monitoring, a formal system development process and an incident response plan.
The safety and security of your information also depends on you. 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 established for a specific person or entity, and you agree not to provide any unauthorized person with access to the Services. 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.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your PII provide or collected. Any transmission of PII is at your own risk. We are not responsible for circumvention of any privacy settings or security measures. While we seek to keep information safe and secure, we cannot guarantee that personal information you provide to us will be secure, or that the Services will be uninterrupted or error-free.
How Can You Contact Us?
Children Under The Age of Thirteen
AmTrust’s Websites and the Services are not intended for children under 13 years of age. No one under the age of 13 may provide any information or PII to AmTrust in connection or in association with the Services. We do not knowingly collect PII from children under 13. If you are under 13, do not use or provide any information about yourself, including your name, address, telephone number, email address or any screen or user name you may use on-line, on this Website or any other AmTrust Website or on or through any of the Services. If we learn we have collected or received PII from a child under 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please click here.
California Privacy Rights
California Civil Code Section § 1798.83 permits users of AmTrust’s Websites that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please click here. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their Website is located at: http://www.dca.ca.gov.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use this Website or the Services. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time (see the Changes to our Policy section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
Notice To Persons Accessing This Website Outside Of The United States
If you reside outside the United States, any information you provide to us through this Website or the Services may be transferred out of your country and into the U.S. If you do not want your information, including PII, to leave your country, do not provide the information to us. By providing information to us, you explicitly consent to the transfer of your information to the U.S. PII collected on this Website and through the Services may be stored and processed in the U.S. or any other country in which we or service providers maintain facilities.
If you have any comments or concerns regarding this notice, please click here
Dispute Resolution And Class Action Waiver
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Policy as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AmTrust Financial Services, Inc., Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Last Updated: May 4, 2015
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent that you are of legal age. If you do not meet these requirements, please do not access or use this Website.
Accessing This Website And Account Security
We reserve the right to withdraw or amend this Website, and any service or material provided on this Website, in our sole discretion without notice. We will not be liable if for any reason, all or any part of, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users who are guests or registered users.
You are responsible for:
Making all arrangements necessary for you to have access to this Website.
You must treat user names, passwords or any other piece of information that is part of our security process as confidential. You must not disclose user names, passwords and other security related information to any unauthorized person or entity. You also acknowledge that your account is established for a specific person or entity, and you agree not to provide any unauthorized person or entity 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 user name, password or other personal information.
Intellectual Property Rights
This 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 or licensed 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.
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 this Website for your own 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 use, provided you agree to be bound by our terms and conditions for such applications; and
Where 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 Website;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Company name, the terms, the AmTrust logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors or are licensed by the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company or licensor. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
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 personal information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); and
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm the Company or users of this Website or expose them to liability.
Additionally, you agree not to:
Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website;
Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website;
Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of this Website;
Introduce any viruses, Trojan horses, worms, logic bombs or other material or routines that are malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website;
Attack this Website via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise attempt to interfere with the proper working of this Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance On Information Posted
The information presented on or through this Website 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 this Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, and third-party licensors, 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.
Changes To This Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You And Your Visits To This Website
Linking To This Website And Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. To obtain such consent please click here
to send your request.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party Websites to certain content on this Website;
Send e-mails or other communications with certain content, or links to certain content, on this Website; or
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Website that is not owned by you;
Cause this Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Link to any part of this Website other than the homepage; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links From This Website
If this 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.
Notice To Persons Accessing This Website Outside The United States
If you reside outside the U.S., any information you provide to us on this Website may be transferred out of your country and into the U.S. If you do not want your personal information to leave your country, do not provide the information to us. By providing personal information to us, you explicitly consent to the transfer of your information to the U.S. Personal information collected on this Website may be stored and processed in the U.S. or any other country in which the Company or its affiliates, subsidiaries or service providers maintain facilities.
If you have any comments or concerns regarding this notice, please click here
Disclaimer Of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website 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.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR ROUTINE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE 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 THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation On Liability
IN NO EVENT WILL THE COMPANY, 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, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE 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.
SOME JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law And Jurisdiction
Any dispute or claim relating in any way to your use of the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AmTrust Financial Services, Inc., Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
Waiver And Severability
Waiver And Severability
Waiver And Severability
To submit any notices of copyright infringement claims, feedback, comments, requests for technical support and other communications relating to the Website, please click here