PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THE SERVICES PROVIDED IN THE WWW.AMAXINSURANCE.COM DOMAIN ARE SPECIFICALLY CONDITIONED UPON YOUR AGREEMENT TO THE TERMS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE "AGREEMENT"). BY USING THE SERVICE, YOU ARE AGREEING TO ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. CONDITIONS OF USE BY USING THIS WEB SITE, YOU ACKNOWLEDGE YOUR ASSENT TO THE FOLLOWING CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME THROUGH AN UPDATE TO THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. DISCLAIMER / NO WARRANTY OF ANY KIND THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, A-MAX AUTO INSURANCE AND ITS SUBSIDIARIES AND AFFILIATES AND OR ASSIGNS (COLLECTIVELY, "SERVICE PROVIDERS") DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE SERVICE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS, AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.
Neither Service Providers nor any independent provider/transmitter of Information shall be liable in any way, and you agree to indemnify and hold harmless Service Providers and the independent providers/transmitters for (1) any inaccuracy, error, or delay in, or omission of (a) any Information, or (b) the transmission or delivery of Information; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of Information due either to any negligent act or omission by Service Providers or providers/transmitters of Information or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Service Providers or the Information providers/transmitters.
THIS WEB SITE MAY BE LINKED TO OTHER WEBSITES WHICH ARE NOT MAINTAINED BY THE SERVICE PROVIDERS. THE SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEBSITES. THE INCLUSION OF ANY LINK TO SUCH WEBSITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY THE SERVICE PROVIDERS OF THE WEBSITES OR THE CONTENT THEREOF. LIMITATION OF LIABILITY IN NO EVENT SHALL SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE, SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SERVICE PROVIDERS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
While the Service Providers use reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. SERVICE PROVIDERS makes no warranties or representations as to the accuracy of this website. Under no circumstances, including, but not limited to, negligence, shall SERVICE PROVIDERS or any party involved in creating, producing, or delivering the web site be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this web site, even if SERVICE PROVIDERS or a SERVICE PROVIDER'S authorized representative has been advised of the possibility of such damages. In no event shall SERVICE PROVIDER's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. SERVICE PROVIDERS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from this web site.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by SERVICE PROVIDERS. Except as otherwise expressly permitted by SERVICE PROVIDERS, no materials from this website or any website owned, operated, licensed, or controlled by SERVICE PROVIDERS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Such material may include without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, and copyrights. You may download material displayed on this website for your use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without SERVICE PROVIDERS' written permission. SERVICE PROVIDERS neither warrant nor represent that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with SERVICE PROVIDERS.
ACCEPTABLE USE
In consideration for your use of the web site, you agree to provide true, current, accurate, and complete information about yourself as requested during the registration process, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the website in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the web site.
TERMINATION OF USE
You agree that Service Providers, in their sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the web site, for any reason, including, without limitation, for lack of use, or if Service Providers believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Service Providers may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Service Providers shall not be liable to you or any third-party as a result of Service Providers' termination of your access to the service.
JURISDICTIONAL ISSUES
Unless otherwise expressly set forth herein, SERVICE PROVIDERS makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws. The information contained on this website is not an offer to sell or a solicitation to buy any security or any insurance product. No security or other insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase, or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
TRADEMARKS AND COPYRIGHTS
All trademarks, services marks, trade names, logos, and icons are proprietary to A-MAX Auto Insurance. The A-MAX Auto Insurance name and logo are proprietary to A-MAX Auto Insurance. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of SERVICE PROVIDERS or such third party that may own the trademarks displayed on this web site. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or are used with permission by SERVICE PROVIDERS. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
PRIVACY
Please see our Privacy Policy.
A-MAX REWARDS TERMS
1. Introduction
A-MAX Rewards (the “Program”) is a loyalty program offered at the sole discretion of A-MAX Auto Insurance. These terms and conditions are between you and A-MAX Auto Insurance. By participating in the Program, you agree to be bound by these terms. A-MAX Auto Insurance may update these terms or terminate the Program at any time, for any reason, without prior notice, even though such changes may affect the value of points already accumulated, the value of the rewards and/or the time for redemption.
2. Eligibility
Program membership is open to U.S. residents who are at least 18 years of age. Membership is limited to individuals. No corporations, businesses, organizations, or other groups are eligible to participate. Members are not required to hold an active policy with A-MAX Auto Insurance to participate in the A-MAX Rewards program. Limit one account per person. If you already have an A-MAX Auto Insurance account, you are automatically enrolled in the Program. By enrolling and participating in the Program, you represent that you meet these eligibility requirements.
3. Earning Rewards
As a member of the Program, you will earn A-MAX Rewards points (“Points”) by taking qualified actions outlined in your A-MAX account. Qualified actions include but are not limited to logging in to your A-MAX account, complete surveys and attend local A-MAX events. From time to time, A-MAX Auto Insurance, in its sole discretion, may change, discontinue, or add interactions by which members can earn Points and the number of Points earned, with or without prior notification to members.
Existing www.amaxinsurance.com online account holders can start earning Points as soon as the Program is officially launched. New members will earn Points from the date they create an www.amaxinsurance.com online account. Please allow approximately one week from the date you sign up for your A-MAX Rewards account to be created.
4. Expiration of Points
All Points earned by members are valid for 365 days from the date they are credited to your account and will expire at the end of this period unless A-MAX Auto Insurance explicitly states otherwise. Points are not transferrable, have no cash value, and cannot be exchanged for cash.
5. Program Tiers
The Program has three tiers: Silver, Gold, and Platinum. Members can progress through these tiers by accumulating necessary lifetime points for each tier as follows:
> Silver: Member lifetime points are between 0 - 9999. Silver members earn points at standard value. No purchase is required to be part of this tier.
> Gold: Member lifetime points are between 10000 - 19999. Gold members earn points at 1.25x value. No purchase is required to be part of this tier.
> Platinum: Member lifetime points are greater than 19999. Platinum members earn points at 1.5x value. No purchase is required to be part of this tier.
> Members' tier status does not expire.
6. Redeeming Points
In order to redeem Points, a member must be logged into their A-MAX Rewards account. Points can be redeemed for selected 3rd party gift cards. Points are converted into redemption gift card amounts as follows:
> 500 points = $5 selected gift card.
Rewards can only be redeemed by the program participant. Additional individuals who are named on policies will not be eligible to redeem rewards. Each eligible participant must create their own A-MAX account to qualify for rewards.
A-MAX Rewards is a promotional program and has no cash value and may not be redeemed for cash under any circumstances.
7. Use of Account
Members are responsible for maintaining the confidentiality of their account and password and are fully responsible for any and all activities that occur under their account or password or any other breach of security.
SOFTWARE LICENSES
You acknowledge that any software available or provided to you on this website may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to the United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. SERVICE PROVIDERS does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States export controls laws and regulations.
MISCELLANEOUS
This Agreement shall constitute the complete and exclusive agreement between you and Service Providers. While Service Providers reserve the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Service Providers execute a separate written agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions, and you hereby consent that any and all disputes arising under this Agreement shall be submitted to arbitration in the State of Texas.
A-MAX Arbitration Clause
DISPUTES.
You and A-Max Insurance Services, Inc. (“Company) agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Site, its contents, tools, services, or this Agreement (a “Claim”) will be determined by solely by confidential and binding arbitration, instead of a court. The venue for the arbitration shall be the State of Texas.
WHAT IS ARBITRATION?
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of the Site.
Either party may submit a dispute to final and binding arbitration. You may file for an arbitration by first sending to Company a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to Company should be sent in care of our registered agent [NAME OF AGENT], [ADDRESS]. The Notice of Claim should include both the mailing address and email address you would like Company to use to contact you. If Company elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
You and Company agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Company, therefore, agree that, after a Notice of Claim is sent but before either you or Company commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Company is represented by counsel, its counsel may participate in the conference as well, but Company agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Company may commence an arbitration proceeding by filing a Demand for Arbitration. You agree that you may not commence any arbitration unless you and Company are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Company during that time. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
DISCOVERY/DOCUMENT EXCHANGE/EVIDENCE/BURDEN
Discovery and/or the exchange of documents in any such arbitration proceeding shall be permitted to the extent allowed by Fed.R.Civ. P. 26(a)(1), and as to other documents or information, upon a finding of good cause by the arbitrator. The Federal Rules of Evidence shall govern the admissibility of information or evidence presented at the arbitration, and the Party seeking a remedy shall have the burden of proving by a preponderance of the evidence such Party's entitlement thereto.
SELECTION OF ARBITRATOR
A single, neutral arbitrator, with at least ten years of experience, shall be mutually selected by the Parties. In the event the Parties are unable to mutually agree upon an arbitrator, the Parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the AAA Commercial Arbitration Rules and Procedures at https://www.adr.org/Rules.
ARBITRAL DECISION/REVIEW
The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by this Agreement. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written decision, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify this Agreement. The arbitrator's award or other decision shall be final and binding on the Parties. Judgment on any award may be entered in any court having jurisdiction as set forth immediately below.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but Company will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Company will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Company and you and Company waive any objection to such fee modification.
CLASS-ACTION WAIVER
You and Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Further, if you have elected arbitration, unless both you and Company agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Company believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Company may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this section shall be null and void. This section shall survive expiration, termination these Terms of Use.
OPT-OUT RIGHTS
You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Company, Attn: Legal Department, 3030 N. Stemmons Freeway, Suite B, Dallas, TX 75247 via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Company may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.
I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THROUGH THESE AGREEMENTS TO ARBITRATE, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, I HAVE READ AND UNDERSTAND MY AGREEMENT TO THESE TERMS, AND I AGREE TO BE BOUND AS SET FORTH ABOVE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Service Providers may obtain equitable relief in any court to protect its intellectual property.