This Website is owned and operated by Citadel Insurance Services, LC, doing business as Fortress Insurance Services, LC in California, a company headquartered in Lehi, Utah in the United States of America. By using or visiting this Website (collectively, including all content available through the www.leaseguard.com domain name, the “Website”), you are agreeing to these terms (the “Website Terms of Use”) and the LeaseGuard Privacy Policy (“Privacy Policy”), which explains how we treat your personal data and protect your privacy when you use our Website. The Privacy Policy is published at https://www.leaseguard.com/privacy-policy. Please read these Website Terms of Use carefully.

Topics:

• How You May Use Our Materials
• Copyright Protection
• Endorsements
• Our Warranties and Disclaimers
• Indemnity
• Termination
• Other Websites
• Arbitration and Waiver of Jury Trial
• Waiver of Class Action
• About These Terms

HOW YOU MAY USE OUR MATERIALS

    Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content or ideas from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. 

    

COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION

    The content on this Website, including all materials, intellectual property, and services (collectively referred to as “IP”), is owned by LeaseGuard, its affiliates, or third parties. This IP is protected under United States and international copyright, patent, trade dress, and other applicable intellectual property rights and unfair competition laws.

    As a user, you are permitted to download and view a single copy of the Website's materials solely for personal, non-commercial purposes. This permission requires that any copy you make must include all original copyright, trademark, or other proprietary notices from the Website. You are not granted a license for any other use of the IP, including but not limited to publishing, modifying, creating derivative works, transferring, posting online, or distributing any part of the Website for public or commercial purposes, without LeaseGuard's express written consent. The Website's content is provided “AS-IS,” “WHERE-IS,” and “WITH ALL FAULTS,” solely for informational use. Framed links or deep links to the Website are prohibited without express written permission from LeaseGuard.

    LeaseGuard retains all rights, title, and interest in the IP. Any unauthorized use of the Website's content is strictly prohibited. We adhere to the U.S. Digital Millennium Copyright Act, responding to notices of alleged copyright infringement and terminating accounts of repeat infringers accordingly.

If you think someone is violating your copyrights and want to notify us, contact support@leaseguard.com.

ENDORSEMENTS

    All product and service marks contained on this Website that are not LeaseGuard marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

OUR WARRANTIES AND DISCLAIMERS

    We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Website.

    ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LEASEGUARD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LEASEGUARD MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

    IN NO EVENT SHALL LEASEGUARD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM LEASEGUARD.COM, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN. LEASEGUARD DISCLAIMS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACTIVITIES OCCURRING ON THE LINKED WEBSITES.

    THE WEBSITE ALSO CONTAINS INFORMATION ABOUT US AND OUR MISSION. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE ASSOCIATED GOODS OR SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THEM.

    LeaseGuard.com is operated from a location in the State of Utah, United States of America, even though it may be hosted elsewhere. We make no representation that materials found on our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for compliance with local laws. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.

INDEMNITY

    You agree to defend, indemnify and hold harmless LeaseGuard and its employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of your use of our goods or services, your breach or alleged breach of these Website Terms of Use and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.

TERMINATION

    LeaseGuard reserves the right to terminate your access to the Website or to any or all of the services at any time without notice for any reason whatsoever.

OTHER WEBSITES

    Our Website contains links to other websites. The LeaseGuard Privacy Policy applies only to this Website. When you link to other websites, you should read their own terms of use and privacy policies.

ARBITRATION AND WAIVER OF JURY TRIAL

    YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LeaseGuard are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. You acknowledge and agree that any dispute, controversy, or claim arising out of, or relating to our services or these Website Terms of Use, shall be settled by confidential arbitration, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer Related Disputes) as then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. If the parties have not agreed upon an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will, if practicable, render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive, and binding on all the parties to the arbitration. Judgment may be rendered on the arbitrator’s decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and LeaseGuard, all other expenses of the arbitration will be paid by the party who incurred them.

WAIVER OF CLASS ACTION

    You understand and agree that you will not participate in any way in any class action in connection with any dispute, controversy, or claim, either as a class representative plaintiff or as a member of a putative class. ALL CLAIMS AND DISPUTES INVOLVING THIS WEBSITE OR THE SERVICES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Utah. All other claims shall be arbitrated.

ABOUT THESE TERMS

    We may modify these terms or any additional terms that apply to the Website to, for example, reflect changes to the law or changes to the Website. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for the Website, you should discontinue your use of the Website. These terms control the relationship between LeaseGuard and you. They do not create any third party beneficiary rights.

You agree that: (1) the LeaseGuard Website shall be deemed solely based in Utah; and (2) the LeaseGuard Website shall be deemed a passive Website that does not give rise to personal jurisdiction over LeaseGuard, either specific or general, in jurisdictions other than Utah. These Website Terms of Use shall be governed by the substantive laws of the State of Utah without regard to its conflict of laws principles. Any claim or dispute between you and LeaseGuard that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Utah County, Utah and you and LeaseGuard consent to personal jurisdiction in such courts.

    These Website Terms of Use, together with the Privacy Policy and any other legal notices published by LeaseGuard on the Website, shall constitute the entire agreement between you and LeaseGuard concerning the Website. If any provision of these Website Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Website Terms of Use, which shall remain in full force and effect. No waiver of any term of these Website Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LeaseGuard’s failure to assert any right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision.

    YOU AGREE THAT ANY CAUSE OF ACTION BY YOU AGAINST LEASEGUARD ARISING OUT OF OR RELATED TO THE LEASEGUARD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS WAIVED AND PERMANENTLY BARRED.

If you have any questions about the Website Terms of Use or any of LeaseGuard’s services, please contact us at the following address, email address and/or website:

Citadel Insurance Services, LC 2600 W Executive Parkway Suite 500 Lehi, UT 84048 support@leaseguard.com