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Terms

FAIR TECH INC

The following terms and conditions apply to all web sites that are owned, operated, and maintained by or for Fair Tech Inc. and its United States subsidiaries and affiliates (“Fair”) including (1) Fairwarranty.com and other Fair websites on which these terms and conditions are linked; (2) Fair mobile applications; and (3) the social media accounts and/or pages that we control.  Fair websites, applications and social media accounts are collectively referred to in these terms and conditions as the “Site”.

General Provisions

THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms.  You are not permitted to use this Site if you do not agree to be legally bound by these Terms.  Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Jurisdiction and Governing Law

Fair makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Delaware, without regard to conflicts of laws principles.  If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws.

Disclaimer of Warranties

This Site, and all information and materials contained herein, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  Although the specifications, features, illustrations, contract summaries, quotes and other information contained in the Site are based upon up-to-date information, and while Fair and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed.  We disclaim, to the FULLEST EXTENT PERMITTED BY LAW, all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability with respect to this Site.  We expressly disclaim, to the fullest extent permitted by law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site.  To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

Fair’s Intellectual Property

Fair will aggressively enforce its intellectual property rights to the full extent of the law.  All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Fair or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Fair. Except as expressly authorized by Fair, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services.

Without waiving any of the foregoing rights, you may print or download information on products and services from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Fair is prohibited.

General Submissions  

You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Fair or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, Fair and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.  By entering this Site, you acknowledge and agree that any communication or material you transmit to this Site or Fair in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy.

Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Fair may be used by Fair anywhere, anytime, and for any reason whatsoever.

Photo Submissions.  Some areas on this Site allow you to submit personal photos.  The general purpose of such submissions is to provide a visual and textual representation of your Fair product. We suggest you attach a high-quality photo of your product and provide an accurate, textual description that is both clear and relevant.  You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal.   The following is a list of general photo restrictions:

  • Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
  • Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Photos cannot be obscene, offensive, or endorse any form of hate or hate group;
  • Photos cannot defame, misrepresent or contain disparaging remarks about Fair or its products or industry, or other people, products or companies;
  • Photos cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than Fair, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
  • Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Fair wishes to associate; and
  • Photos cannot depict a violation, and cannot themselves, be in violation of any law.

By submitting a photo, you acknowledge that your photo may be posted on this Site, at our discretion.  We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit.

By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product and that depictions are known to be true and are based upon your use of our product; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); (f) and that publication of the photo via various media, including Web posting, will not infringe on any third party rights; and (g) you will indemnify and hold harmless both Fair and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.

By submitting a photo, you agree that your submission is gratuitous, made without restriction, will not place Fair under any obligation, and that we are free to disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.

You understand that submitting a photo grants Fair and its agents an unlimited worldwide perpetual license and right to publish and use the photo in any way, in any and all media, without limitation, and without consideration to you.  You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by Fair’s employees, or obtained from sources other than you.

Digital Millennium Copyright Act Notice

If you believe that any material on this Site, including Fair and user provided material, infringes your copyright rights, please contact Fair’s designated agent for Digital Millennium Copyright Act notices at:

Fair Tech, Inc.
Attn: Customer Service, RE: T&C
1111B S Governors Ave STE 3640,

Dover, DE 19904

Email address: hello@fairwarranty.com

Phone number: (888) 884-0644  

In your notice, please include:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
  • Identification of the material that you claim to be infringing, and where the material is located on the Site;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
  • A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

Limitation of Liability

By using this Site you agree that, to the fullest extent permitted under applicable law, none of the parties involved in creating, producing, or delivering this Site will be liable for any direct, incidental, consequential, OR indirect damages, or any other losses, costs, or expenses of any kind which may arise, directly or indirectly, through access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Dispute Resolution

Any controversy, claim or dispute arising between the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party.  The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute.  The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the “Arbitration Rules”).  The arbitration shall be conducted in New Castle County, Delaware before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules.  To the fullest extent permitted by law, the arbitrator shall not have the power to award special, consequential or indirect damages against any party.  Arbitration costs and fees shall be determined in accordance with the Arbitration Rules.  Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.  No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW.  Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

Indemnity

You agree to defend, indemnify, and hold Fair, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms or use of the Site.

Careers

This Site may offer job opening information and may provide mediums for you to apply and submit your resume.  You understand that nothing contained herein constitutes an offer of employment by Fair.

Privacy & Security

Our Privacy Policy is incorporated into these Terms.  You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring.  To access portions of this Site, you are required to obtain a user name and/or password.  In such cases, you are responsible for maintaining the confidentiality of any such user name or password and are fully responsible for all activities that occur under such name and password.  You understand that you can help protect your user name, password and personal information by logging out of password protected web pages before you close your browser.  You agree to notify us immediately of any unauthorized use of your user name or password.  Fair maintains exclusive control of access and right of access to this Site.  You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.

Links

This Site may contain links to or be accessed through links that are owned and operated by independent third parties.  We provide links as a convenience and the inclusion of the link does not imply that Fair endorses or accepts any responsibility for the content on those sites.  Fair is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of any other sites to which this Site may be linked to or from which this Site may be accessed.  Further, Fair is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.  Your linking to any other off-site pages or other sites is at your own risk.  We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Telephone Consent

By clicking “Check our Price“, I agree by electronic signature: (1) that Fair may use the contact information above to call, text or email me with additional information and offers using an automated dialing system or prerecorded messages (I understand that my consent is not required as a condition of purchase); and (2) to the Fair Privacy Policy and Terms and Conditions (including arbitration provision). Std. msg. & data rates may apply. Messaging frequency may vary. Text HELP for help, STOP to unsubscribe.

SMS Terms and Conditions

If you opt into Fair’s SMS quote alerts Program (“Fair Quote Alert Messaging Campaign”), you further agree to the terms and conditions outlined in this section.

Consent

By enrolling in the Program, you consent for Fair to use an automated system to send automated SMS quote alerts to the telephone number(s) you provided at enrollment.  You acknowledge that your consent to receive these messages is not required to purchase any goods or services.

Program Description and Cost

Supported carriers include: Associated Carrier Group (ACG), AT&T, Boost, ClearSky, Google Voice, Interop, Metro PCS, Peerless Network, Sprint, T-Mobile®, Truphone Limited, U.S. Cellular, Verizon Wireless, Virgin Mobile, and other major national and regional carriers. Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

Message Frequency

Messaging frequency may vary.

Supported Carriers

Supported carriers include: Verizon, AT&T, T-Mobile, Sprint, and other major national and regional carriers.

Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

Opt-Out

You may opt-out of the Program by texting STOP to (888) 884-0644.  You consent to receive one message confirming your opt-out.  If you are participating in any other text message programs provided by Fair, you must opt-out of those programs separately.

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FAIR INSURANCE LLC

Effective Date: September 09, 2026

1. ACCEPTANCE OF TERMS

This site is owned and operated by Fair Insurance LLC, a wholly owned subsidiary of Fair Tech Inc., and their respective affiliates (collectively, “Fair Insurance”). These terms of use (“Terms of Use”) govern your use of any websites that we own and control, and our online services, events, and webinars, including those we deliver via third-party platforms, and any interactive features, widgets, plug-ins, applications, including any mobile application we may offer, content, downloads, and ‎other services that we may own and control and make available through any websites that we ‎own and control, or that post a link to or otherwise reference these Terms of Use (collectively, the “Site Content”), including any services or any self-service platform we offer (collectively, the ‎‎“Services”), regardless of how you access or use them, whether via personal computers, mobile ‎devices or otherwise (each, a “Device”). To the extent that we provide you notice on the Services of different or ‎additional terms of use (“Additional Terms”), those additional terms shall govern your use of the Services.

Your use of the Services constitutes your agreement to these Terms of Use.‎

In addition to reading these Terms of Use, please review our Privacy Policy, which applies to our collection, use, and sharing of your information on the ‎Services. If you do not agree to the terms of our Privacy Policy or these Terms of Use, please ‎do not access or otherwise use this website or any information or content contained on the ‎Services, including our mobile application.‎

PLEASE BE AWARE THAT SECTION 10 OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND FAIR INSURANCE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST FAIR INSURANCE TO BINDING AND FINAL ARBITRATION ON INDIVIDUAL BASIS. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 10: (I) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST FAIR INSURANCE ON AN INDIVIDUAL BASIS; (II) YOU ARE WAIVING YOUR RIGHT TO PURSUE A CLASS ACTION OR PARTICIPATE IN AN ACTION AS A CLASS MEMBERS; AND (III) SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

These Terms of Use may be revised periodically at any time. It is your responsibility to visit the ‎Services frequently to review carefully the current terms and conditions of use that govern your ‎continued use of the Services and access to Site Content. When we modify these Terms of Use, we will update the effective ‎date above. Your use of the Services following the posting of updated Terms of Use ‎constitutes your acceptance of such new Terms of Use. Each and every time you access and use ‎the Services you shall be deemed to have agreed to the then-current terms and conditions of use. ‎As a condition of your use of the Services, you warrant that you will not use the Services for any ‎purpose that is unlawful or prohibited by these Terms of Use, or reproduce or distribute any ‎portions of the Services or Site Content for any commercial use, except as authorized herein.‎

2. INTELLECTUAL PROPERTY

The design of the Services and its content, including the text, information, data, software, ‎‎scripts, graphics, photos, sounds, videos, music, interactive features, products, materials, ‎‎services and the like, and any trademarks, service marks, and logos contained therein (“Site ‎‎Content”), are the exclusive property of or are licensed by Fair Insurance, its parent company Fair Tech Inc., or their respective affiliates, and are protected by applicable copyright and other intellectual property laws. Fair Insurance hereby grants you a limited, non-exclusive, revocable, ‎‎non-sublicenseable, and non-transferrable license to view and download the Site ‎‎Content only for your personal use, provided that you retain all copyright and other proprietary ‎‎notices on any permitted copies of the materials. You may not copy, reproduce, ‎‎modify, adapt, display, perform, publish, create derivative works from, store, ‎‎translate, sell, rent, or otherwise exploit these Service or the Site Content without our permission. You agree to ‎‎not engage in the use, copying, or distribution of any of the Site Content, whether manually ‎‎or by using robot, scraper, crawler or any other automated device or process, other than as ‎‎expressly permitted or as reasonably necessary to use the Services for its intended ‎‎purpose, including any use, copying, or distribution of Site Content for any commercial ‎‎purposes. You will in no way obtain any ownership interest in the Site Content.‎

The display of any trade names, trademarks, service marks, logos, or domain names within this ‎‎Site Content does not imply that a license of any kind has been granted to you with respect to such ‎‎trade names, trademarks, service marks, logos, or domain names except as explicitly stated ‎‎herein. Any unauthorized downloading, re-transmission or other copying or modification of ‎‎trade names, trademarks, service marks, logos, or domain names may be a violation of ‎‎trademark laws and could subject you to legal action.‎

3. SERVICES USE AND RESTRICTIONS

Any unauthorized use by you of these Services for any purpose is prohibited. We may suspend or terminate the availability or your use of the Services (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability to you.

You agree that you will not: (i) use our Services for any political or commercial purpose, aside from as permitted by the functionality of the Services or Fair Insurance; (ii) engage in any activities through or in connection with our Services that attempt to or actually do harm to any individuals or entities or are unlawful, offensive or abusive, or that violate any right of any third party, or are otherwise objectionable to Fair Insurance in its sole discretion; (iii) reverse engineer, decompile, disassemble, reverse assemble or modify any Services source or object code or any software or other products, services or processes accessible through any portion of our Services; (iv) engage in any activity that interferes with another user’s access to our Services or the proper operation of our Services, or otherwise causes harm to our Services, Fair Insurance or other users; (v) use Site Content in a manner that suggests an unauthorized association with any of our products, services or brands or those of our insurance carrier partners; (vi) interfere with or circumvent any security or access feature of our Services; or (vii) otherwise violate these Terms of Use or applicable law.

Our Services may include online events and webinars, which we may host using third-party virtual meeting or webinar platforms. Your participation in such events and webinars is subject to these Terms of Use and, where applicable, the terms of use and privacy policies of the relevant third-party platform. You are responsible for ensuring that any device, software, and connections you use to access an online event or webinar are secure and suitable for such access.

4. CREATING USER ACCOUNTS‎.

Some of the Services features may require an applicable user to create a user profile to interact with our online quoting tools or other interactive features, or register for an account through our mobile application ‎registration process. When you interact with our online quoting tools or other interactive features, or register for our mobile application, you agree that you: (i) will not use a username (or e-mail address) used by ‎someone else, that impersonates another person, belongs to another person, violates the ‎intellectual property or other right of any person or entity or that is offensive; (ii) will provide ‎true, accurate, current and complete registration information about yourself and your organization during any ‎registration process and will update it as needed to keep it accurate; (iii) will immediately ‎notify us of any unauthorized use of your account, password or username, or any other ‎breach of security; and (iv) will not sell, transfer, or assign your account or any account ‎rights. You are solely responsible for all activities that occur under your account, password ‎and username whether or not you authorize the activity. You are solely responsible for ‎maintaining the confidentiality of your password and for restricting access to your device(s) ‎so that others may not access any password-protected portion of our Services using your name, ‎username, or password. We will not be liable for any loss or damage (of any kind and under ‎any legal theory) to you or any third party arising from your inability or failure for any reason ‎to comply with any of the foregoing obligations in this section. If any information that you ‎provide, or if we have reasonable grounds to suspect that any information that you provide, ‎is false, inaccurate, outdated or incomplete, or violates these Terms of Use, or any applicable law, ‎we may suspend or terminate your account. We also reserve the more general and broad ‎right to terminate your account, or suspend or otherwise deny you access to it, or its benefits ‎all in our sole discretion, for any reason, and without advance notice or liability.

5. ONLINE SUBMISSION OF CLAIMS

You may be able to submit online claims to your insurance carrier for insurance benefits under an existing and effective Fair Insurance policy. If you submit an online claim, you agree that you will not submit any ‎‎information that you know to be, or have reason to believe to be, false, fraudulent, deceptive, ‎‎inaccurate, misleading, or infringing on any third party’s rights.‎

When submitting a claim online, you may be redirected to a third-party website. Fair Insurance does ‎‎not control any third-party website, and these Terms of Use do not apply to your use of any ‎‎third-party website. Please be sure to read the terms of use of any third-party website you visit.‎

6. ONLINE BILL PAY

To submit any online payments to our Services, you must be at least the applicable age of ‎‎majority in your jurisdiction of residence. If you choose to make an online payment, you will either be ‎‎taken to the carrier website or to a third-party payment processor’s website and you will be prompted to supply ‎‎payment information. By submitting that information to our credit or debit card processor, you hereby ‎‎agree that you authorize us and/or our processor to charge your card at our convenience. You hereby represent and warrant to us that you ‎‎will not use any credit or debit card or other form of payment unless you have all necessary legal ‎‎authorization to do so. You agree to pay all fees and charges incurred in connection with your ‎‎payments (including any applicable taxes) at the rates in effect when the charges were incurred. ‎‎If Fair Insurance does not receive payment from your credit card issuer or its agent, you agree to pay ‎‎all amounts due upon demand by Fair Insurance or its agents.‎

7. SECURITY AND COMMUNICATIONS

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of these Services, you do so solely at your own risk, and in doing so you consent to receive communications from us electronically. Fair Insurance does not guarantee that electronic communications will not be intercepted or changed or that they will reach the intended recipient securely. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any applicable legal requirement that such communications be in writing.

8. LINKS TO THIRD-PARTY SITES

THESE SERVICES MAY PROVIDE HYPERLINKS TO WEBSITES OPERATED BY PERSONS AND ENTITIES OTHER THAN FAIR INSURANCE THAT WILL LET YOU LEAVE FAIR INSURANCE’S WEBSITE OR MOBILE APPLICATION. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FAIR INSURANCE, AND FAIR INSURANCE DOES NOT MONITOR, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FAIR INSURANCE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE EXTENT TO WHICH YOU MAY USE ANY CONTENT OR SERVICES PROVIDED AT ANY OTHER WEB SITES THAT YOU MIGHT LINK TO FROM THESE SERVICES. YOU AGREE NOT TO HOLD FAIR INSURANCE RESPONSIBLE FOR THE CONTENT OR OPERATION AT ANY OTHER SITE TO WHICH YOU MIGHT LINK FROM THESE SERVICES.

CERTAIN ONLINE EVENTS OR WEBINARS, MAY BE MADE AVAILABLE ON OR THROUGH THIRD-PARTY PLATFORMS OR WEBSITES. YOUR USE OF ANY SUCH THIRD-PARTY PLATFORMS OR WEBSITES IS SUBJECT TO THEIR OWN TERMS OF USE AND PRIVACY POLICIES, AND NOT THESE TERMS OF USE.

Selected content within ‎Fair Insurance’s Site Content or Services is provided by a third party. Fair Insurance has no control over, and takes no ‎responsibility for supplementing, correcting, or updating that information. Furthermore, Fair Insurance ‎makes no warranties or representations of any kind, whether with respect to such third-party ‎content’s accuracy, completeness, timeliness, security, or otherwise. Fair Insurance has no obligation to correct ‎or update that information and shall not be liable for damages of any kind arising out of your ‎access, inability to access, or reliance upon the information contained or services offered on these other websites.

9. DISCLAIMERS

YOUR ACCESS TO AND USE OF THESE SERVICES IS AT YOUR SOLE RISK. YOU ARE ‎ENTIRELY LIABLE FOR YOUR ACTIVITIES, AND FAIR INSURANCE AND/OR ITS AGENTS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, ACCESSIBILITY, AVAILABILITY, USEFULNESS, OR OTHER CHARACTERISTICS OF THE SERVICES OR ANY SITE CONTENT. THESE SERVICES AND THE INFORMATION ON IT ARE PROVIDED BY FAIR INSURANCE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAIR INSURANCE MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU OF ANY KIND, EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAIR INSURANCE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAIR INSURANCE DOES NOT WARRANT TO YOU THAT THESE SERVICES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. FAIR INSURANCE DOES NOT WARRANT, ENDORSE, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY PLATFORMS OR SERVICES THAT WE MAY USE TO PROVIDE THE SERVICES, INCLUDING ANY VIRTUAL MEETING OR WEBINAR PLATFORMS. YOUR USE OF ANY SUCH THIRD-PARTY PLATFORMS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY TERMS AND POLICIES MADE AVAILABLE BY THOSE THIRD PARTIES.

IN NO EVENT SHALL FAIR INSURANCE AND/OR ITS AGENTS BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF, ‎OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR ‎INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN, THESE SERVICES OR THE INFORMATION CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND EVEN IF FAIR INSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

FAIR INSURANCE DOES NOT WARRANT THE ‎ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, USEFULNESS, OR ‎OTHER CHARACTERISTICS OF THESE SERVICES OR ANY SITE CONTENT. THE INFORMATION PUBLISHED ON THESE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION WITHIN THIS SITE CONENT. FAIR INSURANCE AND/OR ITS AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THESE SERVICES AT ANY TIME.

YOU HEREBY EXPRESSLY RELEASE FAIR INSURANCE FROM ANY AND ALL LIABILITY OR ‎RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU ‎OR ANY THIRD PARTY AS A RESULT OF USE OF THESE SERVICES OR THE SITE ‎CONTENT, INCLUDING ANY CONTENT OR FILE DOWNLOADED OR ACCESSED. YOU ‎SPECIFICALLY ACKNOWLEDGE THAT FAIR INSURANCE SHALL NOT BE LIABLE FOR YOUR ‎USER SUBMISSIONS, ANY CLAIM CONTENT, OR THE DEFAMATORY, OFFENSIVE, ‎HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF ‎HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.‎ YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST FAIR INSURANCE ARISING OUT OF OR RELATING ‎TO THESE TERMS OF USE OR THESE SERVICES MUST BE COMMENCED WITHIN ONE ‎‎(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ‎ACTION OR CLAIM IS PERMANENTLY BARRED. ‎

10. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

A. Please read this Arbitration Agreement carefully. It is part of your contract with Fair Insurance and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

B. Scope of Arbitration Agreement (“Arbitration Agreement”).  Any controversy, claim or dispute arising between You and Fair Insurance, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party.  The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute.  The arbitration shall be initiated and conducted according to American Arbitration Association (“AAA”) rules and procedures for consumer arbitration (the “Arbitration Rules”).  The arbitration shall be conducted in New Castle County, Delaware before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules.  To the fullest extent permitted by law, the arbitrator shall not have the power to award special, consequential or indirect damages against any party.  Arbitration costs and fees shall be determined in accordance with the Arbitration Rules.  Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.  No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.   Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

C. Class Action and Jury Trial Waiver. The parties waive any right to a jury trial. They also waive any right to bring representative claims in court or in arbitration on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise, or to join a representative Action or class action or consolidate claims (the “Class Action Waiver”).

11. INDEMNIFICATION

You agree to defend, indemnify, and hold Fair Insurance, its parent company Fair Tech Inc., and their respective employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, demands, settlements, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from (i) your use of these Services and the Site Content, as it may change from time to time; or (ii) your violation of these Terms of Use. Fair Insurance may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. Fair Insurance reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify Fair Insurance of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of Fair Insurance.

12. NO WAIVER

Except as expressly set forth in these Terms of Use, (a) no failure or delay by Fair Insurance in exercising any of rights, powers or remedies under these Terms of Use will operate as a waiver of that or any other right, power or remedy.

13. SEVERABILITY AND INTERPRETATION

If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect). Any waiver of any provision of these Terms of Use must be in writing signed by an authorized representative of Fair Insurance to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. To the extent permitted by applicable law, you agree to waive, and you hereby irrevocably waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation.”

14. USER COMMENTS AND SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other ‎information that you provide to Fair Insurance are not confidential, and you grant us a worldwide, ‎royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions. Fair Insurance does not claim ownership of the information you provide to Fair Insurance (including feedback and suggestions) or that you input or submit to any Services (collectively “Submissions”). Fair Insurance shall be entitled to the unrestricted use and dissemination of these submissions for any ‎purpose, commercial or otherwise, without any acknowledgement of or compensation to you.‎

15. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that violates any applicable laws or regulations, or that is prohibited by the Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any server that hosts the Fair Insurance website, mobile application, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to other accounts or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Fair Insurance reserves the right at all times to disclose any information as Fair Insurance deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit or refuse to post or remove any information or materials, in whole or in part, in Fair Insurance’s sole discretion.

Any unauthorized use of the Services, including the website or mobile application for any purpose is prohibited. We may suspend or ‎terminate the availability or your use of the Services or Website (and any elements or features of it), in ‎whole or in part, for any reason, and at any time, in our sole discretion, and without advance ‎notice or liability.‎

You agree that you will not: (i) use our Site Content or Services for any political or commercial purpose, aside ‎from the purchase of goods or services if offered for sale through the Site Content by Fair Insurance; (ii) engage in any activities through or in connection with our Site Content or Services that attempt ‎to or actually do harm any individuals or entities or are unlawful, offensive, or abusive, or that ‎violate any right of any third party, or are otherwise objectionable to Fair Insurance; (iii) reverse-engineer, decompile, disassemble, reverse-assemble, or modify any website source or object ‎code or any software or other products, services, or processes accessible through any portion of ‎our Site Content; (iv) engage in any activity that interferes with another user’s access to our Site Content ‎or Services or the proper operation of our Site Content or Services, or otherwise causes harm to our Site Content, Services, Fair Insurance, or ‎other users; (v) use Site Content in a manner that suggests an unauthorized association with ‎any of our products, services, or brands; (vi) interfere with or circumvent any security or access ‎feature of our Website; or (vii) otherwise violate these Terms of Use.‎

16. MODIFICATIONS TO PRICE AND TERMS

By providing material, such as policy descriptions, on our Services, Fair Insurance does not in any ‎‎way promise that the materials will remain available to you or that you will qualify for any of ‎‎the products or services we offer. FAIR INSURANCE RESERVES THE RIGHT, AT ANY TIME, TO ‎‎CHANGE ITS PRODUCTS AND SERVICES, EFFECTIVE IMMEDIATELY ‎‎UPON POSTING ON OUR WEBSITE OR APPLICATIONS OR BY EMAIL DELIVERY TO ‎‎YOU.‎

In accordance with various insurance laws and other regulatory restrictions, insurance products ‎‎and services referenced on the Services may not be available or suitable for all jurisdictions and ‎‎may not be offered by all of the Fair Insurance’s authorized agent, broker or partners.‎

Except as expressly stated herein, the information contained on these Services is not an offer to ‎‎sell or a solicitation to purchase any insurance product or other product or service by Fair Insurance. ‎‎Rather, the information on our products and services is provided to you so you can learn what ‎‎products Fair Insurance generally offers. Please contact a designated Fair Insurance agent to find out which products and services are available to you in your jurisdiction. We ‎‎may make improvements and/or changes to the products, services and/or programs described within this Site Content at any time without notice.‎

The Site Content does not amend, modify, or supplement any insurance policy. Consult the actual ‎‎policy or your agent, or contact us for the name of a Fair Insurance agent who can supply you with details ‎‎regarding terms, conditions, coverages, exclusions, products, services, and programs which may ‎‎be available to you. Your eligibility for particular products and services is subject to final ‎‎determination of underwriting qualifications and acceptance by Fair Insurance’s insurance carrier partners providing such products or services.‎

17. UNITED STATES OPERATIONS

Fair Insurance controls and operates our Site Content from its offices in the United States, and makes no ‎representation that our Site Content is appropriate or available for use beyond the United States. If you are from a non-U.S. country, please be aware that the laws in the United States are likely different ‎from those of the country in which you are located. By using and providing ‎information through the US Services, you are consenting to (and represent that you have ‎authority to consent to), the transfer of such information to the United States for ‎the uses and purposes described in these Terms of Use (and any Additional Terms), and ‎subject to our Privacy Policy. We ‎reserve the right to limit the availability of our Website and/or the provision of any Site ‎Content, program, product, service, or other feature described or available on our Website to ‎any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to ‎limit the quantities of any content, program, product, service, or other feature that we provide. ‎You and we disclaim any application to these Terms of Use of the Convention on Contracts for ‎the International Sale of Goods.‎

18. APPLICABLE LAW

These Terms of Use shall be ‎‎governed by and construed in accordance with the internal laws of the State of Delaware ‎‎without giving effect to any choice or conflict of law provision or rule (whether of the State of ‎‎Delaware or any other jurisdiction).‎

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

If any terms in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.

19. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE.‎

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and ‎inclusive as is permitted by the laws of your state of residence. Certain states ‎have heightened consumer protection laws that may make certain terms of these Terms of Use ‎inapplicable to you. No provision of these Terms of ‎Use shall limit or waive your rights as a consumer under the law of your state of residence.

20. SMS (“TEXT”) MESSAGES

You hereby consent for Fair Insurance to use an automated system to send automated SMS quote alerts to the telephone number(s) you provided at enrollment.  You acknowledge that your consent to receive these messages is not required to purchase any goods or services.

Please note that opting out of receiving marketing and/or servicing text messages may negatively impact your use of Fair Insurance’s services as you will no longer receive any text messages from Fair Insurance. To contact Fair Insurance’s customer service team for additional assistance, please call (888) 884-0644or email hello@fairwarranty.com

21. CONTACT US

If you have any questions regarding our Terms of Use, our practices, or your use of our Services, or if you believe that your work has been copied in a way that constitutes infringement on Fair Insurance’s Website, please contact us at:

Fair Insurance LLC
Attn:  Support
Email:  hello@fairwarranty.com

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