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Terms and conditions

TERMS AND CONDITIONS

 

Agreement between User and Guardian Home Warranty, LLC

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Welcome to guardianhomewarranty.com. The guardianhomewarranty.com website (the Site) is comprised of various web pages operated by Guardian Home Warranty, LLC (Guardian). The price, inclusions and exclusions, and other provisions of the Home Warranty purchased by you (referred to as the “Home Warranty” or the “Products and Services”) are provided to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (on the Guardian webpages describing the Home Warranty and in these Terms and Conditions (collectively the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these the Terms carefully, and keep a copy of them for your reference.

 

Guardianhomewarranty.com is an E-Commerce Site.

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providing homeowners and real estate professionals with the ability to purchase and order home warranties. Additionally, homeowners are able to open service requests. Sale or home warranties and provision of services under the home warranties are included within the

term “Products and Services”

 

Privacy

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Your use of guardianhomewarranty.com is subject to Guardian’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

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Visiting guardianhomewarranty.com or sending emails to Guardian constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

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If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Guardian is not responsible for third party access to your account that results from theft or misappropriation of your account. Guardian and its agents reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Your home warranty with Guardian does not start until your user profile is filed out completely.

 

Use by Children

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If you are under 18, you may use guardianhomewarranty.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

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If you cancel your Home Warranty, the cancellation fee is $200.00. Any amount Guardian has spent toward repairs or replacement will be deducted from the refund amount. Each month the warranty has been in effect will reduce the refund amount 1/12th from the original cost of the

warranty. Guardian has the right to cancel the Home Warranty at any time. If it does so, it will pay to you a refund calculated as set forth above, but will not charge the cancellation fee of $200.

 

Links to Third Party Sites/Third Party Services

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guardianhomewarranty.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Guardian and Guardian is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes

or updates to a Linked Site. Guardian is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Guardian of the site or any association with its operators. Certain services made available via guardianhomewarranty.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the guardianhomewarranty.com domain, you hereby acknowledge and consent that Guardian may share such information and data with any third party with whom Guardian has a contractual relationship to provide the requested product, service or functionality on behalf of Guardianhomewarranty.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

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You are granted a non-exclusive, non-transferable, revocable license to access and use Guardianhomewarranty.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Guardian that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Products and/or Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Guardian or its subcontractors supplying Products and/or Services (“Suppliers”) and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Guardian content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written

permission of Guardian and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Guardian or our licensors except as expressly authorized by these

Terms.

 

International Users

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The Site and the Products and Services are controlled, operated and administered by Guardian from our offices within the USA. If you access the Site and/or purchase any Products and/or Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Guardian content accessed through guardianhomewarranty.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

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You agree to indemnify, defend and hold harmless Guardian its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Products and/or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Guardian reserves the right, at its own cost, to assume the exclusive defense and control of any Guardian matter otherwise subject to indemnification by you, in which event you will fully cooperate with asserting any available defenses.

 

Arbitration

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In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

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Full payment vs monthly payment

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Paying in full or monthly payments are the same and there is no discount doing either one. if paying in full the full payment for the warranty is taken and then the home is covered starting 30 day from the time the payment is taken.

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If you choose to do monthly payments, payments will be automatically drawn from your account. Choosing monthly payments is a subscription and will continue until it is canceled, using the canceling information which is listed above. When you choose monthly payments you are locked in for a full year which will auto renew at the end of the year. When choosing monthly payments and a service request is more then what is owed for the remainder of the year the totaled owed for the year is taken from the repair and no more payments will be required for the year.

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Example:

Account showing owed $275.00 left for the year

Service request equals $800.00

GHW will cover only $525.00 Of that repair and no further payments will be taken for the remainder of the year.

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Making a Repair Request:

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A repair request from guardianhomewarranty.com has to be made before GHW starts the process to repair or replace a covered item in your home. Just because a repair request has been made does not mean it has been approved. If the service request has been denied you will receive an email with an explanation and your service fee will be refunded. If the service request is approved a service technician will contact you to schedule a time to diagnose the issue.

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No work should start until the service request has been approved and further instruction is given by GHW. In an emergency situation GHW will allow the work to be completed without approval but GHW will ask for pictures and well documented material to support the service request, but this is only in emergency situations. All other service requests have to go through the proper steps before it is approved. GHW has the right to deny claims if the repair request was not preformed correctly. 

 

 

Coverage

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When purchasing a home warranty with guardian your coverage does not start for 30 days after we have received payment for the home warranty.

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Guardian covers the primary appliances in the home including the air conditioning on the outside of the home. If you have additional (secondary) appliances in the home we have add-ons, which we explain below. We also cover electrical and plumbing. Guardian does not cover anything on the outside of the home, other than the air conditioning unit, or any items that are concealed behind walls or underneath the ground.

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Guardian does not cover any pre-existing conditions. These are problems that happened to the covered item before the home warranty was started. A home inspection report may be requested to prove the pre-existing condition to continue forward with the claim.

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Guardian does not cover any damage that has occurred from the failure of a covered appliance, plumbing, or electrical. Guardian only covers the appliance, plumbing, or electrical problem/appliance only.  

Guardian does not pay for appliances that are broken or damaged by misuse or not properly maintained. There are certain appliances around the home that need monthly, by-monthly and yearly maintenance. If you are unaware of the maintenance needed to your appliances please refer to your owners manual or contact a licensed repairman for answers. You are also able to call Guardian for answers to your maintenance questions.

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Guardian will work with reputable contractors to preform repairs or replacements in our client’s place of residence.  We do not warranty nor do we guarantee the work of the contractors. If for any reason there is any disputes with the contractor’s work that was performed, Guardian is released all liability of the work that was performed.

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Guardian will allow for our clients to get their own trusted, licensed, and insured contractors to perform their repairs. If the repair is covered, Guardian will reimburse the client for the fees paid when the receipt is attached to the repair request.  If the repairs are over $500.00 or a replacement is needed the client is required to contact Guardian to get approval. Guardian has the right to send out a contractor for a second opinion. Guardian has the right to deny a claim if this is not followed. Receipts for reimbursement have to be in within 30 days of the repair, after 30 days the claim will be denied.

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A fee of $70.00 during business hours and $140.00 for after-hours is to be paid per claim. If there are multiple problems or more than one appliance a claim must be made per each one resulting of a fee of $70.00/$140.00 per claim. This fee is paid even if the home owner gets their own contractor.

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Guardian yearly caps, items covered and items that Guardian does not cover are labeled below:

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                Plumbing

  • Covered / Cap $2000.00 per year

    • Guardian covers one sewer/drain block per year. A sewer block that is caused by a foreign object obstructing the line. Guardian will pay up to $230.00 of a clogged sewer/drain line.

    • Plumbing leaks in the home.

    • Main Water Shut-Off Valve

    • Water Heater Both Tank and Tankless Models

GUARDIAN PAYOUTS FOR WATER HEATERS

  • 1-10 year old water heater – $2000.00 is covered by Guardian

  • 11-15 Year old water heater – $1000.00 is covered by Guardian

  • 16 years and older water heater – $600.00 is covered by Guardian

  • Plumbing fixtures: bathtub, shower, bathroom and kitchen

  • Shut Off Valves

  • Toilets

  • Exterior Hose Bibs On Exterior Walls

  • Pressure Regulator

  • Thermal Expansion Tank

  • Disposals

  • Sewer Ejector Pumps within the foundation walls

  • Sump Pump within the foundation walls

  • Natural Gas Supply Lines within the foundation walls

  • Natural Gas Shut-Off Valves

  • Natural Gas Flex lines

  • Not Covered

    • Any damage that occurs from a leak

    • Locating any leaks that are obstructed. GHW does not investigate where water leaks are coming from.

    • Broken sewer lines, root problems in the sewer line, and hydrojetting the sewer line.

    • Water Softeners

    • Fire Suppression Systems

    • Any extra cost for the removal of the water heater because of obstacles in the water heaters way.

    • The extension or upgrades to the exhaust pipe that vents the water heater and any exhaust vents pipe concealed within the walls.

    • Any upgrades added to the water heater, including upsizing the gallon size and bringing the water heater up to code. Guardian only covers what was originally installed all extras are billed separately to the client.

Boiler

  • Covered / Cap $800.00 per year

    • This covers contractor labor and/or replacement.

Furnace

  • Covered / Cap $2500.00 per year

    • This covers contractor labor and/or replacement

GUARDIAN PAYOUTS FOR FURNACES

  • 1-15 years old - $2500.00 is covered by Guardian

  • 16-25 years old - $1500.00 is covered by Guardian

  • 26 years and older - $1000.00 is covered by Guardian

  • Not Covered

    • Any exhaust ducts that are concealed behind walls.

    • Any furnaces that were not installed by a licensed HVAC contractor.

                Air Conditioning

  • Covered / Cap $2500.00 per year

    • Guardian covers contractor labor and/or replacement

    • Recharging the refrigerant lines, Guardian will pay up to $75.00 per pound of refrigerant.

    • Air conditioner coil

GUARDIAN PAYOUTS FOR AIR CONDITIONINGS

  • 1-15 years old - $2500.00 is covered by Guardian

  • 16-25 years old - $1500.00 is covered by Guardian

  • 26 years and older - $1000.00 is covered by Guardian

  • Not Covered

    • Any air conditioning that was not installed by a licensed HVAC contractor.

    • Guardian does not cover any damage to the home that is caused to repair parts off the air conditioner.

                Swamp Coolers

  • Covered / Cap $500.00 per year

    • Guardian covers parts and labor

  • Not Covered

    • Cover to the swamp cooler

    • Guardian does not cover any roof leaks caused by the swamp cooler

    • Guardian does not cover the flashing around the penetration of the swamp cooler into the roof.

                Electrical

  • Covered / Cap $2000.00 per year

    • Fans:

      • Whole House Fans

      • Ceiling

      • Bathroom

      • Attic

      • Exhaust

    • Outlets:

      • Mounted on and within the walls of the home

      • Interior Power Supply Wiring

      • Breaker and Fuse Panels

      • Light Switches

                Appliances

  • Covered / Cap $3000.00 per year

    • Guardian covers parts, labor and replacement

    • Covered Appliances:

      • Refrigerator

      • Oven

      • Range

      • Cook-top

      • Dishwasher

      • Range Hood

      • Microwave

      • Washer

      • Dryer

 

  • Appliances are covered in your home warranty. When a repair request comes through, we send an appliance repair company to the residence, or we may ask our clients to provide an appliance repairman. The repairman then will repair the appliance or advise that the appliance needs to be replaced.

  • When an appliance needs to be replaced, Guardian will provide a check to the insured client after the client has purchased their new appliance. Proof of the appliance purchased will be needed to get a check.

  • Guardian will only give a check for a new appliance that is equivalent to the previous appliance, Guardian will not pay for any upgrades in appliances and will not give more money than the previous appliance is worth brand new. Guardian will try to match the brand, but if the brand is not available Guardian has the right to evaluate the appliance using a brand that is close to the previous appliance brand.

  • Guardian will not send out the check until a repair request is filled out and the receipt for the new appliance is attached. The check will not be more than the purchased appliance

  • Checks are sent to the insured property.

  • Guardian does not pay for installment and taxes of the new purchased appliance.

Garage Door

  • Covered / Cap $1000.00 per year

    • All mechanical and electrical systems that make the door open and close

  • Not Covered

    • The doors (panels) are not covered under your home warranty  

 

Add-Ons

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Guardian covers your primary appliances, including your furnace and air conditioning unit, when a regular home warranty is chosen. We do not cover any secondary appliances or items that are on our add-on list without adding them into your home warranty. Examples of secondary appliances included, but not limited to; Top floor furnace and air conditioning units, and second kitchen, hot tub, pools, septic tanks.

If you would like Guardian to guard your secondary appliances in your home you can choose the item in the add-on menu when ordering your home inspection or call us and customer support will be able to add it to your warranty.

If the add-on is added after the initial warranty setup is complete there is a 30 day waiting period for the add-on to be covered.

 

 

Class Action Waiver

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Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Guardian agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GUARDIAN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

GUARDIAN AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR SOLD THROUGH THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY

KIND. GUARDIAN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUARDIAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, EGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUARDIAN HOME WARRANTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TOTAL LIABILITY OF GUARDIAN UNDER THIS AGREEMENT SHALL BE THE PRICE PAID BY YOU FOR ONE YEAR OF THE HOME WARRANTY.

 

Termination/Access Restriction

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Guardian reserves the right, in its sole discretion, to terminate your access to the Site and to the related Products and Services or any portion thereof at any time, without subject to providing a refund calculated as set forth under the paragraph above titled “Cancellation/Refund Policy”. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Guardian as a result of this agreement or use of the Site. Guardian’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Guardians right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or the Products or Services, or information provided to or gathered by Guardian with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Guardian with respect to the Site and provision of the Products and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Guardian with respect to the Site and the provision of Products and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

 

Changes to Terms

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Guardian reserves the right, in its sole discretion, to change the Terms under which this Site and the Products and Services are offered. The most current version of the Terms will supersede all previous versions. Guardian encourages you to periodically review the Terms to

stay informed of our updates.

 

Contact Information

 

Guardian welcomes your questions or comments regarding these

Terms. If you have questions or believe that Guardian has not adhered to these

Terms, please contact Guardian at:

 

Mailing Address: Guardian Home Warranty, 1881 W Traverse Pkwy Ste E #316, Lehi, Utah 84043

 

Telephone – 801 383-0838

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