Last Modified: May 31, 2018
Mayfield Agency Bidco, Inc., its parents, affiliates and subsidiaries, which
are a group of companies doing business as The Amynta Group. This document will
refer to these companies collectively as "The Amynta Group",
"we" or "us". Certain Amynta Group companies
are the providers and administrators of service contracts. Service contracts
are sometimes referred to as "extended warranties" but in fact are not
warranties. These terms do not modify the provisions of any service contract
provided by an Amynta Group company. The following terms and conditions,
together with any documents they expressly incorporate by reference, including
govern your access to and use of this website, including any related content,
functionality and portals and services (this "Website").
before you start to use the Website. By using the
Website, you accept and agree to be
additional notices on the Website, which are incorporated herein by reference.
Policy, or any additional notices incorporated herein, you must not access or
use the Website.
The Website is offered and available to users who are 18
years of age or older. By using the Website, you represent that you are of
legal age. If you do not meet these requirements, please do not access or use
Unless otherwise specified, the materials in this Website
are presented solely for the purpose of providing information about our
operations in the United States. We make no representation that materials in
the Website are appropriate or available for use in other locations. If you
access the Website from locations other than the United States, you are responsible
for compliance with any applicable local laws.
time in our sole discretion. All changes are effective immediately when we post
them, and apply to all access to and use of the Website thereafter. However,
any changes to the dispute resolution provisions set forth in the Governing Law
and Jurisdiction section will not apply to any disputes for which the parties
have actual notice on or prior to the date the change is posted on the
Your continued use of this Website following the posting of
additional notices means that you accept and agree to the changes. Your
continued use of this Website after we make the changes/revision is deemed to
THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and
any service or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for:
Making all arrangements necessary for you to have access to the
Ensuring that all persons who access the Website through your
The 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 by The Amynta Group, 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
personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our Website, except as
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 the Website for your own personal, non-commercial 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 personal, non-commercial use, provided you agree to be bound by our
end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or
any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary
rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any
part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or
provide any other person with access to any part of the Website in breach of
must, at our option, return or destroy any copies of the materials you have
made. No right, title or interest in or to the Website or any content on the
Website is transferred to you, and the Amynta Group reserves all rights not
expressly granted. Any use of the Website not expressly permitted by these
trademark and other laws.
You may use the Website only for lawful purposes and in
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
For the purpose of exploiting, harming or attempting to exploit
or harm minors in any way by exposing them to inappropriate content, asking for
personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any
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 Amynta Group, an
employee of The Amynta Group, another user or any other person or entity
(including, without limitation, by using e-mail addresses with any of the
To engage in any other conduct that restricts or inhibits anyone's
use or enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use of the
Website, including their ability to engage in real time activities through the
Use any robot, spider or other automatic device, process or means
to access the Website for any purpose, including monitoring or copying any of
the material on the Website.
Use any manual process to monitor or copy any of the material on
the Website or for any other unauthorized purpose without our prior written
Use any device, software or routine that interferes with the
proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other
material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or
disrupt any parts of the Website, the server on which the Website is stored, or
any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the
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
AMYNTA GROUP, ITS LICENSEES AND SERVICE PROVIDERS (collectively and individually
referred to as "THIS ENTITY") FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY THIS ENTITY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THIS ENTITY OR LAW
ON INFORMATION POSTED
The information presented on or through the Website is made
available solely for general information purposes. We do not guarantee or
warrant (i) the accuracy, completeness or usefulness of this information, or
(ii) all products or services are available in every location or jurisdiction.
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 the Website, or by anyone who may
be informed of any of its contents.
This Website may include content provided by third parties,
or links to other websites maintained by third parties. All statements and/or
opinions expressed in such materials, are solely the opinions and the
responsibility of the person or entity providing or maintaining those
materials. These materials do not necessarily reflect the opinion of The Amynta
Group. We are not responsible, or liable to you or any third party, for the
content or accuracy of any materials provided or maintained by any third
parties. If you decide to access 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.
TO THE 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 the Website may be out of date at any given time, and we are under
no obligation to update such material.
ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website
taken by us with respect to your information in compliance with the Website
FROM THE WEBSITE
If the Website contains links to other sites and resources
provided by third parties, these links are provided for your convenience only.
This includes, without limitation, 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.
The owner of the Website is based in the
state of Texas in the United States. We provide this
Website for use only by persons located in the United
States. We make no claims that the Website or any of its content is accessible
or appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible
for compliance with local laws.
You understand that we cannot and do
not guarantee or warrant that files available for downloading from the internet
or the 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 THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL
POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE AMYNTA
GROUP NOR ANY PERSON ASSOCIATED
WITH THE AMYNTA GROUP MAKE ANY WARRANTY OR
RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER THE
AMYNTA GROUP NOR ANYONE ASSOCIATED WITH
THE AMYNTA GROUP REPRESENT
OR WARRANT THAT THE WEBSITE, ITS CONTENT
OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE 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 THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE AMYNTA GROUP 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.
IN NO EVENT WILL THE AMYNTA GROUP OR ITS
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, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE OR SUCH OTHER WEBSITES OR
ANY SERVICES OR ITEMS OBTAINED
THROUGH THE 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless The Amynta
Group, its licensors and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors and
assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys' fees) arising
Website, including, but not limited to, your User Contributions, any use of the
Website's content, services and products other than as expressly authorized in
LAW AND JURISDICTION
and any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Texas without
giving effect to any choice or conflict of law provision or rule (whether of
the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or
in the federal courts of the United States or the courts of the State of Texas
and County of Tarrant. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
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
To begin an arbitration proceeding, you must send a letter
requesting arbitration and describing your claim to The Amynta Group, Attn:
Legal Department, 2200 Highway 121, Suite 100, Bedford, TX 76021. 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.
GROUP AND YOU AGREE THAT ANY DISPUTE RESOLUTION
WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A
CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM
COURT RATHER THAN IN ARBITRATION THE AMYNTA GROUP AND YOU
EACH WAIVE ANY RIGHT TO A JURY TRIAL.
THE AMYNTA GROUP AND YOU ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT
TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
No waiver of by The Amynta Group of any term or condition
of such term or condition or a waiver of any other term or condition, and any
failure of The Amynta Group to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
continue in full force and effect.
additional notices on this Website constitute the sole and entire agreement
between you and The Amynta Group with respect to the Website and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Website. These Terms of
Use do not modify the provisions of any service contract, insurance contract,
service, or similar product issued, or provided, to you by an Amynta Group
COMMENTS AND CONCERNS
All notices of copyright infringement
claims and all other feedback, comments, requests for technical support and
other communications relating to the Website should be directed to:
firstname.lastname@example.org. Please note that the
recipient of this e-mail is now part of The Amynta Group, and e-mail domains
are in the process of being transferred.