EmeraldGainInsurance.com (referred to as “us”, “we”, or “our”) operates the EmeraldGainInsurance.com website and its associated services (collectively referred to as this “site”). Your use of this site is conditioned upon your compliance with all terms, conditions, and notices outlined herein (the “Terms of Use”), along with any other written agreements between us and users (referred to as “users”, “you”, or “your”). Additionally, when using specific services or materials on this site, you will adhere to any guidelines or rules posted, which may contain additional terms beyond these Terms of Use. All such guidelines or rules are incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE LEAVE THE SITE IMMEDIATELY. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION AVAILABLE THROUGH IT, YOUR ONLY REMEDY IS TO STOP USING THE SITE AND/OR THOSE SPECIFIC PRODUCTS OR SERVICES. YOUR AGREEMENT TO COMPLY WITH THESE TERMS OF USE TAKES EFFECT IMMEDIATELY UPON YOUR USE OF THIS SITE.

We reserve the right to modify these Terms of Use at any time without prior notice. You acknowledge that it is your responsibility to periodically review this site and the Terms of Use for any changes. Continuing to use this site after modifications signifies your acceptance of the revised Terms of Use.

In these Terms of Use, references to our “Affiliates” encompass our owners, subsidiaries, affiliated entities, officers, directors, suppliers, partners, sponsors, and advertisers, including all parties involved in the creation, production, and/or delivery of this site and its contents.

We are an independent company providing vehicle service contracts for sale. Details regarding our services, associated costs, and their terms and conditions are available elsewhere on this site and in communications between us and you. You are responsible for supplying, at your own expense, all necessary equipment to access these services, including a computer, modem, and your own Internet connection (including any related phone service fees). Please note that Vehicle Service Contracts and Mechanical Breakdown Insurance are not available in California, and EmeraldGainInsurance.com does not offer Product Warranties.

We retain the exclusive right to modify or discontinue the site, including any features, at any time with or without notice. We will not be liable for any consequences of such actions. Modifications may involve changes to the scope and terms of services, pricing structures, or the introduction of fee-based services. Any new features that enhance the existing services on this site will also be subject to these Terms of Use.

You acknowledge and agree that temporary service interruptions may occur as part of normal operations. Additionally, you understand that we have no control over third-party networks accessed while using this site, meaning delays and disruptions in network transmissions are beyond our control.

You also agree that the services provided on this site are offered “AS IS,” and we do not assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.

To access certain services on this site, you may need to create a separate account and password by completing our online registration form, which requests specific information and data (“Registration Data”). You agree that all information provided in the Registration Data is accurate and that you will keep it updated to maintain its completeness and accuracy. The information collected through your use of this site, including your Registration Data, is governed by our Privacy Policy, which is incorporated by reference into these Terms of Use.

If you subscribe to a service on or through this site that requires a fee, you agree to pay all associated charges. We will bill your provided credit or debit card at activation for all service charges. Recurring fees are billed in advance. You agree to provide accurate billing information, including valid credit/debit card details, your name, address, and phone number, and to update this information within 10 days of any changes.

If your credit or debit card company declines to pay the billed amount, we may, at our discretion, suspend or terminate your subscription and require payment through other acceptable means. We may also impose a fee for reinstating suspended or terminated accounts.

You acknowledge that until your subscription is terminated, you will continue to incur charges for which you are responsible, even if you do not utilize the service.

Should legal action be necessary to collect outstanding balances, you agree to reimburse us for all costs incurred, including attorney fees and other legal expenses.

Your use of the site must comply with all applicable laws and regulations, and you are solely responsible for the content of your communications. You agree not to post any information on or through this site that:

• Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, contains explicit or graphic sexual descriptions, or otherwise violates our policies;
• Victimizes, harasses, degrades, or intimidates any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Infringes on any patent, trademark, copyright, or other proprietary rights of any party;
• Constitutes unauthorized advertising, spam, chain letters, or any form of solicitation, including lotteries or gambling;
• Contains viruses or any code designed to disrupt or damage software, hardware, or telecommunications, or to gain unauthorized access to third-party data;
• Impersonates any person or entity, including our employees or representatives.

You may not use this site or your account to breach the security of another account or attempt unauthorized access to any network or server. Not all areas of the site may be accessible to you or other users. You must not interfere with others’ use of the site or similar services. Violating network security may lead to criminal or civil liability.

You agree that we may terminate your access to the site and our services at any time, without notice, for violating these provisions. Additionally, you acknowledge your obligation to cooperate with investigations regarding violations of network security, including working with law enforcement on suspected criminal activity.

Third-party content may appear on this site or on linked sites. This content is not under our control, and you acknowledge that we are not responsible for its accuracy, legality, or decency, nor for any errors or omissions regarding other parties or their products and services. The presence of such content or links is for convenience only and does not imply our endorsement or warranty of any kind regarding the site or the associated parties.

Copyright © Emerald Gain Insurance. All Rights Reserved.

For the purposes of these Terms of Use, “content” refers to any information, communications, software, photos, videos, graphics, music, sounds, and other materials and services viewable by users on our site. This includes, but is not limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge that all content presented on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the exclusive property of EmeraldGainInsurance.com and/or its Affiliates. You may only use the content as explicitly authorized by us or the specific content provider. Except for a single copy for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any information from this site in any form or by any means without prior written permission from us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material available on this site. Unauthorized use of materials from this site may violate copyright, trademark, and other applicable laws, potentially resulting in criminal or civil penalties.

Neither we nor our Affiliates guarantee that your use of materials displayed on or obtained from this site will not infringe on the rights of third parties. Refer to “User’s Materials” below for procedures to follow if any party believes that content posted on this site infringes on any patent, trademark, copyright, or other proprietary rights.

All custom graphics, icons, logos, and service names on the site are registered trademarks or service marks of EmeraldGainInsurance.com or its Affiliates. All other trademarks are the property of their respective owners. Nothing in these Terms of Use grants you any rights to use any trademarks, service marks, logos, or the name of EmeraldGainInsurance.com or its Affiliates. Certain ideas, software, and processes incorporated into or available on this site are protected by pending patent applications in the United States, and we plan to file additional patent applications in select foreign jurisdictions.

In accordance with our Privacy Policy, any communication or material you transmit to this site or to us, whether via email or other means, will be treated as non-confidential and non-proprietary. While you retain all rights to such communications or materials, you grant us and our designated licensees a non-exclusive, perpetual, paid-up, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use this material for any purpose, regardless of the form or medium (whether known now or in the future).

Please refrain from submitting confidential or proprietary information unless we have mutually agreed in writing to do so. We also cannot accept unsolicited ideas or proposals, so please do not send them to us under any circumstances.

We respect the intellectual property rights of others, and we ask you to do the same. If you or any user of this site believes that your copyright, trademark, or other property rights have been infringed by content on this site, you should promptly notify our Designated Agent (as identified below). To be effective, your notification must include:

• A physical or electronic signature of an authorized person acting on behalf of the rights owner.
• Identification of the copyrighted work claimed to be infringed.
• Sufficient information to allow us to contact the complaining party, such as an address, phone number, and, if available, an email address.
• Identification of the allegedly infringing material and sufficient information to help us locate it.
• A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for claims of copyright infringement can be reached as follows:

Designated Agent for Claimed Infringement:

Emerald Gain Insurance
26300 La Alameda, Suite 210
Mission Viejo, CA 92691

You acknowledge that upon receiving a notice of a copyright infringement claim, we may immediately remove the identified materials from our site without liability to you or any other party, and the claims will be referred to the United States Copyright Office for adjudication as stipulated in the Digital Millennium Copyright Act.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR NEEDS, (B) THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS FROM USING THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE OF ERRORS OR DEFECTS.

THIS SITE MAY CONTAIN TECHNICAL ERRORS, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO CHANGE MATERIALS AND SERVICES ON THIS SITE, INCLUDING PRICES AND DESCRIPTIONS OF PRODUCTS AND SERVICES, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES MAY BE OUTDATED, AND WE DO NOT COMMIT TO UPDATING THEM.

YOUR USE OF THE SERVICES OR THE DOWNLOADING OR ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS AT YOUR OWN RISK, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.

While using the site, you may have the opportunity to engage in transactions with other users and vendors. You acknowledge that all transactions related to merchandise or services, including purchase terms, payment terms, warranties, guarantees, and delivery terms, are solely between you and the seller or purchaser. WE DO NOT WARRANT ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND THAT SUCH TRANSACTIONS ARE AT YOUR OWN RISK. ANY WARRANTIES RELATED TO PRODUCTS, SERVICES, MATERIALS, OR INFORMATION FROM A THIRD PARTY ARE SOLELY PROVIDED BY THAT THIRD PARTY.

Content available on this site may reflect the opinions and judgments of information providers or other users not affiliated with EmeraldGainInsurance.com. We do not endorse, nor are we responsible for the accuracy or reliability of any opinions, advice, or statements made by anyone other than an authorized spokesperson of EmeraldGainInsurance.com. Additionally, the materials may include sample agreements, letters, or other documents, including legally significant documents (“Forms”). These Forms are provided solely as examples and do not constitute legal, accounting, or other professional advice. EmeraldGainInsurance.com and its Affiliates are not liable for any loss or damages resulting from reliance on information or advice obtained through this site, including your use of any Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or content available on this site, and you are strongly encouraged to consult a licensed professional in your jurisdiction before using any Forms or relying on any legal or professional advice obtained here.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Your sole remedy and our total liability for any claims arising from these Terms of Use and your use of this site and its services shall be limited to the amount you paid us for the services during the one-month period preceding the event giving rise to the liability.

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. This includes, but is not limited to, damages resulting from loss of use, data, or profits, regardless of whether we were advised of the possibility of such damages, and on any legal theory arising from your use of this site or any linked websites.

FURTHER, WE ARE NOT LIABLE FOR ANY THIRD-PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE, NOR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS, including order processing.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Upon request, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from your use or misuse of this site and its services. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us in asserting any available defenses.

Occasionally, this site may feature advertisements from third parties. You may correspond with or participate in promotions from these advertisers. Any such correspondence or promotions, including the delivery of and payment for goods and services, are solely between you and the advertiser. We assume no responsibility for any aspect of these correspondences or promotions.

We may offer email services to users of our site, either directly or through a third-party provider.

We will not inspect or disclose the contents of private email messages without the consent of the sender or recipient, except in specific situations defined by the Electronic Communications Privacy Act or as required by law or court order. More information is available in our Privacy Policy.

We may use automated monitoring techniques to protect our users from mass unsolicited mailings (commonly known as “spam”) and other forms of electronic communication that do not align with our business objectives. However, these methods are not infallible, and we are not liable for any legitimate communications that are blocked or for unsolicited communications that are not filtered.

You acknowledge that we may set general practices and limits regarding the use of our services, including, but not limited to, the maximum duration for which uploaded content will be stored, the disk space allocated to your account, and the frequency and duration of your access to the services. You agree that we are not responsible for any deletion or failure to store content transmitted through this site. We reserve the right to log off and terminate accounts that are inactive for an extended period or have not paid their subscription fees. Additionally, we may change these practices and limits at our discretion, with or without notice.

We provide storage space and access for various materials through our site. “Material” encompasses all forms of communication allowed, such as narrative descriptions, graphics (including photographs, illustrations, and logos), executable programs, videos, and audio recordings. You may not use this site to publish any material that we deem, at our sole discretion, to be unlawful, indecent, or objectionable, or that violates our “Your Conduct on the Site” guidelines. While we do not routinely monitor your online portfolio, you are solely responsible for its contents. If we receive complaints about the language, content, or graphics in your portfolio, we may remove the offending images and terminate your hosting service at our discretion. We may also suspend your account, restrict access, or remove content as necessary.

User accounts operate on shared resources, and excessive use by one user may negatively impact others. Misuse of network resources, including excessive CPU, memory, disk space, or session time consumption, is prohibited and may result in account termination or activity limitations.

This site is not intended as a disaster recovery or emergency data storage facility. While we take reasonable precautions to protect your uploaded materials, you should not rely on it as your sole storage solution. It is your responsibility to maintain backup copies of any digital data or materials you upload. You agree not to hold us liable for any damage, deletion, or failure to store your files, data, or Registration Data.

You are solely responsible for maintaining the confidentiality of your password and account, as well as for all activities that occur under your account. You must take steps to prevent unauthorized access to your password and account.

Although this site may be accessible globally, we make no claims that the materials are suitable or available for use in locations outside the United States. Accessing the site from jurisdictions where its contents are illegal is prohibited. If you choose to access this site from other locations, you do so at your own risk and are responsible for complying with local laws. Any offer for products or services associated with this site is void where prohibited.

You agree that we may, at our discretion, terminate or suspend your access to all or part of the site at any time, with or without notice, for any reason, including breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activities may lead to the termination of your account and may be reported to law enforcement.

Upon termination or suspension, your right to use the services on this site ceases immediately.

This site (excluding any linked sites) is managed by us from our offices in California, USA. It can be accessed from all 50 states and various countries worldwide. As laws may differ from those of California, by accessing this site, both parties agree that the laws of the State of California—without regard to its conflict of laws principles—and the United Nations Convention on the International Sales of Goods shall govern all matters related to your use of this site and the purchase of products and services available herein.

All notices must be in writing and sent via email or conventional mail. Notices to us should be directed to Customer Service at Emerald Gain Insurance, Attn: Customer Service, 26300 La Alameda, Suite 210, Mission Viejo, CA 92691 if sent by mail. Notices to you may be sent to the email address provided for your account or to the address included in your Registration Data. Additionally, we may send notices through the site to inform you of changes or important matters, which will also constitute notice.

Notices or communications under these Terms of Use will be considered delivered to the receiving party (1) on the delivery date if delivered personally; (2) two business days after being sent via a commercial overnight carrier with written verification of receipt; (3) five business days after mailing by US mail with return receipt requested; (4) on the delivery date if sent by confirmed facsimile; or (5) on the delivery date if sent by confirmed email.

These Terms of Use represent the complete agreement between us regarding the subject matter and supersede any prior agreements or understandings. They may not be altered or supplemented by any other documents. Any attempt to change these Terms or to place an order with additional or altered terms shall be void unless agreed upon in writing and signed by both parties. In case of any conflict between these Terms and other site content, these Terms shall prevail.

In any action to enforce these Terms of Use, the prevailing party is entitled to recover costs and reasonable attorney’s fees. Any claims you bring against us or our Affiliates must be filed within one year of the cause of action, or they will be waived.

You may not assign your rights and obligations under these Terms to any third party, and any attempted assignment will be null and void. We reserve the right to assign our rights and obligations under these Terms as we see fit.

You agree not to sell, resell, reproduce, duplicate, or use any part of this site for commercial purposes.

In addition to any excuses provided by applicable law, we are not liable for any non-delivery or delays in the delivery of products and services due to events beyond our reasonable control, whether foreseeable or not.

If any part of these Terms is found to be invalid or unenforceable, that part shall be interpreted in a way that reflects the original intent of the parties as closely as possible, while the remaining provisions will continue in full effect. Our failure to enforce any part of these Terms does not waive our right to do so in the future.

Unless explicitly stated otherwise, services available through this site are offered by EmeraldGainInsurance.com, a California corporation, located at 26300 La Alameda, Suite 210, Mission Viejo, CA 92691. If you notice any violations of these Terms, please contact us at EmeraldGainInsurance.com/contact-us.

The company reserves the right to use any written communication voluntarily provided by customers for any purpose, including advertising and promotional activities.

By submitting this form, you consent to receive SMS messages from Emerald Gain Insurance. Message and data rates may apply. You can opt-out at any time by replying with STOP.