Terms and Conditions
FIRST AMERICAN HOME WARRANTY
1. Program Rules. Individuals, over the age of 18 may participate in the Program to recommend the First American Home Warranty by submitting contact information about themselves and their friends and family members. To participate, go to http://refer.FAHWfriends.com and follow the on-screen instructions to refer friends and family members to First American Home Warranty by entering their names and email addresses in the "Refer-A-Friend" box.
Customers who make qualifying referrals will receive a Thank You Credit for every qualified referral. In order to be eligible, a referring Customer must be a current Customer of First American Home Warranty and NOT a real estate agent, broker, or person in a position to refer settlement services as defined by Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. §§ 2601 et seq (“RESPA”). In addition, employees of First American, Extole or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to make or receive referrals.
2. The Way This Program Works. Once a Customer registers and refers a friend or family member, the Customer will receive an email from First American containing a referral link ("Referral Link"). Customer can then forward the email to a friend or family member that Customer believes would be interested in the Program. If the Customer’s referral results in a friend or family member purchasing a First American Home Warranty contract, then both the friend or family member and the Customer will receive an incentive, subject to the following conditions:
The referred person must by at least 18 years old; the referred person cannot have a physical address previously registered with First American; and; the referred person must complete the purchase process with First American Home Warranty using the Customer’s Referral Link which service contract must remain in force for at least 60 days.
Customer agrees that Referral Link is intended solely to be sent to his/her friends and family only and should not be used for commercial purposes.
Thank You Credits
Customers will receive one (1) Gift Card valued at Fifty and 00/100 Dollars (US $50.00) for each qualified referral. The referred friend or family member will also receive a Gift Card valued at Fifty and 00/100 Dollars (US $50.00) after becoming a First American Customer and remaining a Customer for 60 days or more. Thank you Credits have no monetary value and may not be redeemed for cash. Thank you Credits are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or upon cancellation of a First American Home Warranty account for any reason, any unredeemed Credit will be forfeited.
4. CAN-SPAM. Customer represents and warrants that it will comply with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Consumer Financial Protection Bureau (“CFPB”) and Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the Telephone Consumer Protection Act of 1991 (“TCPA”), and other federal and state laws, regulations, and guidelines. If any such laws, regulations or guidelines are amended or modified, in whole or in part, then Customer agrees to comply fully and completely with all applicable requirements thereof, on and after the effective date of any such amendment or modification.
5. Release/Liability of Liability /Disclaimer/Indemnification.
Customer agrees to release First American, Extole and their respective parent companies, affiliates and subsidiaries, from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in this Program.
Limitation of Liability
FIRST AMERICAN’S TOTAL LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS PROGRAM IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING $100. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS PROGRAM ARE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. FIRST AMERICAN SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS PROGRAM FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF FIRST AMERICAN IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, FIRST AMERICAN’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.
6. Indemnification. Customer agrees to indemnify, defend and hold harmless First American, Extole and their parent companies, affiliate companies, current and former officers, directors, employees, agents and representatives from and against any and all third party claims, causes of action, suits, damages, losses, cost and expenses (including without limitation, attorneys’ fees and costs) arising out of (i) any material breach by Customer of its obligations hereunder, including the representations and warranties herein; and (ii) its failure to comply with all relevant laws.
This provision constitutes an agreement to arbitrate disputes on an individual basis. Any party may bring an individual action in small claims court instead of pursuing arbitration.
All disputes and claims arising out of or relating to the Program must be resolved by binding arbitration. This agreement to arbitrate includes, but is not limited to, all disputes and claims between First American and Customer, its heirs, spouses, and children. As noted above, a party may elect to bring an individual action in small claims court instead of arbitration, so long as the dispute falls within the jurisdictional requirements of small claims court.
Any arbitration must take place on an individual basis, and First American and Customer agree that they are waiving any right to a jury trial and to bring or participate in a class, representative, or private attorney general action, and further agree that the arbitrator lacks the power to consider claims for injunctive or declaratory relief, or to grant relief affecting anyone other than the individual claimant.
The arbitration is governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. Company will pay all AAA filing, administration and arbitrator fees for any arbitration it initiates and for any arbitration initiated by another party for which the value of the claims is $75,000 or less, unless an arbitrator determines that the claims have been brought in bad faith or for an improper purpose, in which case the payment of AAA fees will be governed by the AAA Rules.
The arbitration will take place in the same county in which the claim arose. The Federal Arbitration Act will govern the interpretation, applicability and enforcement of this arbitration agreement. This arbitration agreement will survive the termination of these Terms and Conditions.
Program not valid where prohibited by law or regulation.