TERMS & CONDITONS
The following terms and conditions apply to all web sites that are owned, operated, and maintained by or for Total Care Protection, LLC and its United States subsidiaries and affiliates (“Total Care Protection”) including (1) totalcareprotection.com and other Total Care Protection websites on which these terms and conditions are linked; (2) Total Care Protection mobile applications; and (3) the social media accounts and/or pages that we control. Total Care Protection websites, applications and social media accounts are collectively referred to in these terms and conditions as the “Site”.
2. General Provisions
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.
3. Jurisdiction and Governing Law
Endurance 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 Missouri, 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.
4. 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 Total Care Protection 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.
5. Total Care Protection’s Intellectual Property
Total Care Protection 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 Total Care Protection 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 Total Care Protection. Except as expressly authorized by Total Care Protection, 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 Total Care Protection is prohibited.
6. General Submissions
7. Photo Submission
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 Total Care Protection 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 Total Care Protection 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 Total Care Protection, 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 Total Care Protection 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 Total Care Protection 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 Total Care Protection 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 Total Care Protection 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 Endurance’s employees, or obtained from sources other than you.
8. Total Care Protection Copyright Act Notice
If you believe that any material on this Site, including Total Care Protection and user provided material, infringes your copyright rights, please contact Total Care Protection’s designated agent for Total Care Protection Copyright Act notices at:
Total Care Protection , LLC
Attn: Total Care Protection
105 N Main St Ste 300B
St Charles, MO 63301
Email address: email@example.com
Phone number: 800-570-8842
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.
9. 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.
10. 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 St Charles County 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.
You agree to defend, indemnify, and hold Endurance, 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.
The Site offers sweepstakes from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified.
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 Total Care Protection.
14. Privacy & Security
16. Telephone Consent
17. SMS Terms and Conditions
If you opt into Total Care Protection’s SMS quote alerts Program (“Total Care Protection Quote Alert Messaging Campaign”), you further agree to the terms and conditions outlined in this section.
By enrolling in the Program, you consent for Total Care Protection 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.
19. 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.
Messaging frequency may vary.
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.
You consent to receive one message confirming your opt-out. If you are participating in any other text message programs provided by Total Care Protection, you must opt-out of those programs separately.
20. Customer Support
You may obtain assistance with the Program by calling 1-800-570-8842, or by emailing Total Care Protection at firstname.lastname@example.org your Mobile Number & Indemnification. You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify Total Care Protection immediately at 1-800-570-8842. You agree to indemnify Total Care Protection for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Total Care Protection immediately of a change in your telephone number.
Total Care Protection
105 N Main Suite 300B
St Charles, MO 63301
LAST UPDATED: 11/17/2021