Terms & Conditions

Terms & Conditions

1. User’s Acknowledgment and Acceptance of Terms

Payless Protection (referred to as “we,” “us,” or “our”) operates the www.paylessprotection.com website and associated services (collectively referred to as the “Site”). Your access and use of this Site is conditioned on your compliance with these Terms and Conditions (the “Terms of Use”) and any additional agreements between you and Payless Protection. This includes any posted guidelines or rules that apply to specific services, which are hereby incorporated into these Terms of Use. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED THROUGH IT IS TO STOP USING THEM. We reserve the right to revise these Terms of Use at any time without prior notice. It is your responsibility to review this page periodically for changes. Continued use of the Site after such modifications constitutes your acceptance of the revised Terms of Use. References to our “Affiliates” include, but are not limited to, our parent company, subsidiaries, partners, sponsors, directors, officers, and service providers.

2. Description of Services

Payless Protection offers independent home service protection plans for residential properties. Full details of coverage, pricing, and limitations are provided elsewhere on this Site or through direct communications with you. You are responsible for maintaining the hardware, software, and internet access needed to use the services provided. Service availability may vary by state. We reserve the right to modify or discontinue any aspect of the Site or services offered, without notice. We are not liable for any such modifications or discontinuation. Any enhancements or new features added to existing services shall also be governed by these Terms of Use. We do not guarantee uninterrupted access to the Site. Temporary outages or delays may occur due to routine maintenance or external factors beyond our control. All services on this Site are provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties regarding accuracy, reliability, or availability.

3. Registration Data and Privacy

To access certain features or services, you may be required to register for an account by providing accurate and current information (“Registration Data”). You agree to maintain and update your Registration Data as necessary. You also consent to our use and disclosure of your Registration Data as outlined in our Privacy Policy, which is incorporated into these Terms of Use by reference.

4. Payment of Fees

If you subscribe to any paid services, you agree to pay all applicable fees as disclosed at the time of purchase. We will charge the payment method you provide, typically in advance of service delivery. It is your responsibility to keep your billing information accurate and up to date. If payment is denied or declined, we may suspend or terminate your access to the service until payment is made. Additional fees may apply to restore access. You remain responsible for all charges until you cancel your subscription in accordance with our cancellation policy, even if you do not actively use the service. Should we need to initiate legal proceedings to collect past due amounts, you agree to cover our legal and collection expenses, including attorney’s fees.
 

5. Conduct on Site

You agree to use the Site in compliance with all applicable laws and regulations. You must not post or transmit content that:

  • Is unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable;
  • Victimizes or harasses individuals or groups based on race, religion, gender, age, disability, or any protected classification;
  • Infringes on any intellectual property or proprietary rights;
  • Constitutes unsolicited promotions or “spam”;
  • Contains malware or other code intended to interfere with Site functionality; or
  • Impersonates another individual or entity.

We are not liable for user-submitted content but reserve the right to remove content that violates these Terms at our discretion. You waive any claim against us regarding content removal.

You may not use this Site to access unauthorized systems or accounts, nor interfere with the use or security of the Site or related systems. We may terminate your access without notice for any such violations.

6. Third Party Content

Third party content may appear on the site or on other sites linked from the site. This content, and the parties providing it, are not under our control. You acknowledge that Payless Protection is not responsible for the accuracy, legality, decency, or any other aspect of such content. We are also not responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such content, links, or references is provided solely as a convenience and does not imply endorsement or association with the site or party by Payless Protection, nor does it constitute a warranty of any kind, express or implied.

7. Intellectual Property Information

For purposes of these Terms of Use, “content” refers to all information, communications, software, photos, video, 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 sole property of Payless Protection and/or its affiliates. You are authorized to use the content only as expressly permitted by us or the specific content provider.
 
Except for a single copy made for personal, non-commercial use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any materials from this site in any form or by any means without prior written permission from us or the content provider.
 
You are solely responsible for obtaining permission before using any copyrighted material available on this site. Unauthorized
use of any materials may violate copyright, trademark, and other applicable laws and may result in criminal or civil penalties.
 
Payless Protection and its affiliates make no representations or warranties that your use of materials on this site will not infringe the rights of third parties.
 
See the section titled “User’s Materials” for information on procedures for addressing potential rights violations.
All custom graphics, icons, logos, and service names appearing on the site are trademarks or service marks of Payless Protection or its affiliates.
 
All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you the right to use any trademark, service mark, logo, or the name of Payless Protection or its affiliates. Certain ideas, software, and processes available on or incorporated into this site may be the subject of pending patent applications in the United States and other jurisdictions.
 

8. User’s Materials

Subject to our privacy policy any communication or material you transmit to Payless Protection, whether via this site or by other means, will be treated as non-confidential and non-proprietary. While you retain ownership of your submissions, you grant Payless Protection and its designated licensees a non-exclusive, royalty-free, perpetual, and worldwide license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose, in any medium now known or hereafter developed.

Designated Agent for Claimed Infringement Payless Protection Attn:
Customer Service,

PO Box 15727
Santa Ana, CA 92735

Please do not send confidential or proprietary information unless we have mutually agreed in writing. We also do not accept unsolicited ideas or proposals under any circumstances.

We respect the intellectual property rights of others and expect our users to do the same. If you believe your copyright, trademark, or other rights have been infringed by content on our site, please notify our Designated Agent as outlined below. Your notice must include:

  • A physical or electronic signature of a person authorized to act on behalf of the rights holder;
  • Identification of the copyrighted work or other intellectual property claimed to be infringed;
  • Contact information for the complaining party, including name, address, telephone number, and, if available, email address;
  • Identification of the material that is claimed to be infringing and sufficient information to locate the material on the site;
  • A statement that the complaining party has a good faith belief that the use of the material is not authorized by the rights holder, its agent, or the law;
  • A statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the rights holder.

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

Designated Agent for Claimed Infringement Payless Protection Attn:
Customer Service,

PO Box 15727
Santa Ana,
CA 92735

Upon receiving a notice of infringement, we may remove the identified material without liability and will refer the matter to the U.S. Copyright Office if appropriate. Repeat violations may result in the termination of user accounts.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED BY PAYLESS PROTECTION ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PAYLESS PROTECTION MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE MAY CONTAIN TECHNICAL OR OTHER ERRORS, INACCURACIES, OR TYPOGRAPHICAL MISTAKES. PAYLESS PROTECTION MAY MAKE CHANGES TO THE MATERIALS AND SERVICES OFFERED ON THIS SITE, INCLUDING PRICING AND DESCRIPTIONS, AT ANY TIME WITHOUT NOTICE. ANY MATERIALS OR SERVICES MAY BE OUT OF DATE, AND PAYLESS PROTECTION MAKES NO COMMITMENT TO UPDATE THEM.

YOUR USE OF THE SERVICES OR ACQUISITION OF 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 THAT RESULTS FROM SUCH USE.

In using the site, you may engage in transactions with third-party vendors or users. You understand that such transactions, including payment, warranties, delivery, and terms, are strictly between you and the third party. PAYLESS PROTECTION PROVIDES NO WARRANTY FOR THIRD-PARTY GOODS OR SERVICES AND DISCLAIMS LIABILITY FOR ANY RESULTING DAMAGES.

Opinions, advice, and statements expressed by others on this site do not represent the views of Payless Protection and should not be relied upon. Materials such as sample agreements or forms are provided for illustrative purposes only and do not constitute professional advice. It is your responsibility to evaluate and consult appropriate professionals before relying on such content.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

10. Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PAYLESS PROTECTION ARISING FROM OR RELATED TO THE SITE OR SERVICES IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL PAYLESS PROTECTION OR ITS AFFILIATES BE LIABLE FOR ANY AMOUNT GREATER THAN THE FEES YOU HAVE PAID TO US FOR SERVICES IN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYLESS PROTECTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR INABILITY TO USE THIS SITE OR ANY LINKED SITE.

PAYLESS PROTECTION IS ALSO NOT RESPONSIBLE FOR ANY THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR FOR YOUR PARTICIPATION IN ANY COMMERCIAL TRANSACTIONS CONDUCTED THROUGH THE SITE. .

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

11. Indemnification

You agree to defend, indemnify, and hold harmless Payless Protection, its officers, directors, employees, agents, and affiliates, from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees and costs) arising out of or in any way connected with your use or misuse of this site or the services provided through it, your violation of these Terms of Use, or your infringement of any third party’s rights.

Payless Protection reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully in the defense of such matter.

12. Participation in Promotions

This site may feature advertisements or promotions from third parties. Any correspondence, business dealings, or participation in promotions with advertisers, including payment and delivery of related goods or services, are solely between you and the advertiser.

Payless Protection assumes no responsibility, obligation, or liability for any such transactions or promotional offers, and your interactions with advertisers are undertaken at your own risk.

13. Email Services

Payless Protection may provide email services to users of our platform, either directly or through a third-party service provider.

We will not monitor or disclose the contents of private email messages except with the consent of the sender or recipient, or in specific circumstances as permitted by law, such as those outlined in the Electronic Communications Privacy Act or through a valid legal or governmental order. For more details, please refer to our Privacy Policy.

To protect users from unsolicited bulk communications (commonly known as “spam”), we may use automated monitoring tools or techniques. While we strive to block spam, these tools are not flawless, and we are not responsible for any legitimate communication that is inadvertently filtered, or any unsolicited messages that are not.

14. Use of Site and Storage of Material

You acknowledge that Payless Protection may set general practices and limitations regarding use of services on the platform. This includes, but is not limited to, the maximum duration content will be retained, the maximum disk space allocated per user, and limits on frequency and duration of access to services

You also acknowledge that we may deactivate or delete accounts that are inactive for extended periods or those that have not paid applicable subscription fees. Payless Protection reserves the right to modify these policies at any time, with or without notice.

We offer storage and access for various types of content including images, descriptions, files, and media. You may not upload or share any content deemed inappropriate, unlawful, or offensive, as defined in our “User Conduct” section. While we do not routinely monitor user content, we reserve the right to remove any material or suspend access if complaints are received or content is found to violate our terms.

Since our infrastructure is shared across users, excessive consumption of resources (CPU, memory, bandwidth, etc.) that impacts platform performance may result in account restriction or termination.

This platform is not a disaster recovery or emergency backup service. While reasonable precautions are taken, we are not responsible for the loss of your data. Users should independently maintain backups of all materials uploaded or stored via Payless Protection.

15. Security and Password

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to share your account or password with others. You are also responsible for promptly notifying us of any unauthorized use of your account.

Payless Protection staff will never ask for your password. Sharing or transferring your account may lead to its immediate termination.

16. Export Controls

Software or tools provided through Payless Protection are subject to U.S. Export Control laws. You agree not to download or export any software from the platform (a) into any country subject to a U.S. goods embargo, or (b) to individuals listed on U.S. government restricted lists including the Treasury Department’s list of Specially Designated Nationals or the Commerce Department’s Denied Persons List.

By using the platform or downloading any software, you confirm that you are not located in any such country or on any such list.

17. International Use

Payless Protection is accessible worldwide, but we make no representation that content or services are appropriate or legal in locations outside the United States. Accessing our platform from jurisdictions where the content is illegal is prohibited.

Users accessing the platform from outside the U.S. do so voluntarily and are responsible for compliance with local laws. Any offers of services or content through the platform are void where prohibited.

18. Termination of Use

Payless Protection reserves the right, at our sole discretion, to suspend or terminate your access to some or all parts of the platform at any time, with or without notice, for any reason, including violations of these Terms of Use.

Any fraudulent, abusive, or illegal activity is grounds for termination and may be reported to law enforcement authorities as necessary.

19. Governing Law, Jurisdiction and Venue

This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions may have laws differing from those of the State of Florida, by accessing this site, both you and Payless Protection agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles and the United Nations Convention on Contracts for the International Sale of Goods, will apply to all matters relating to the use of this site and the purchase of products and services offered on or through the site. You and Payless Protection agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in the Country of Pinellas, State of Florida, for any disputes arising under these Terms of Use.

20. Notices

All legal or formal notices must be in writing. Notices to Payless Protection should be sent to:

Designated Agent for Claimed Infringement Payless Protection Attn:
Customer Service,

PO Box 15727
Santa Ana,
CA 92735

Notices to you may be sent via the email address or physical mailing address associated with your Payless Protection account. We may also deliver general notices or updates through sitewide announcements, which will constitute effective notice.

Notices shall be deemed delivered under the following conditions: (1) on the day of personal delivery; (2) two business days after dispatch by commercial overnight courier; (3) five business days after being sent via U.S. Postal Service, return receipt requested; (4) upon successful transmission confirmation if sent via fax or email.

21. Entire Agreement

These Terms of Use represent the entire agreement between you and Payless Protection regarding the subject matter herein and supersede all prior or contemporaneous communications, whether written or oral. These Terms may not be amended or supplemented by any other document unless agreed upon in a written agreement signed by both parties. Any conflicting terms presented elsewhere shall be overridden by these Terms of Use.

22. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. You must bring any claim against us within one (1) year after the cause of action arises, or the claim shall be deemed waived.

You may not assign your rights or obligations under these Terms without our prior written consent.

We may freely assign our rights and obligations.

You agree not to reproduce, resell, or exploit any portion of this site or its services for commercial purposes without express written permission.

We shall not be liable for any failure or delay in performing obligations caused by events beyond our reasonable control, including but not limited to natural disasters, labor strikes, war, cyberattacks, or governmental actions.

If any provision of these Terms is found to be unenforceable, the remainder will continue in full force.

Failure to enforce any right or provision will not constitute a waiver of such right or provision.

23. Contact Information

Unless otherwise specified, the services offered through this site are provided by Payless Protection, a Limited Liability Company. For support or legal inquiries:

Designated Agent for Claimed Infringement Payless Protection Attn:
Customer Service,

PO Box 15727
Santa Ana,
CA 92735 

To report any violation of these Terms of Use, please contact our legal department.

24. Use of Written Communication

Payless Protection reserves the right to use any written communication voluntarily submitted by customers (including feedback, testimonials, or reviews) for promotional, advertising, or public relations purposes, unless you explicitly request otherwise in writing.