Visit Ethos Technologies Inc.’s (“Ethos”) website to opt into Ethos’s standard messages and reminders, or, provide Ethos Promotional SMS with your mobile phone number by texting via SMS to 50550 to opt-in to promotional offers. By opting-in, you agree that Ethos may send SMS messages to the mobile phone number you provide, including an initial SMS message to confirm your signup. Ethos’s standard messages and reminders and Ethos Promotional SMS frequency may vary based on consumer engagement. Message and data rates apply.
To discontinue receiving SMS messages relating to: i) standard messages and reminders from Ethos, text STOP to the same number you received the incoming message from, and ii) for Ethos Promotional SMS, text STOP to 50550. You agree to receive a final SMS message confirming your opt-out. For help relating to Ethos Promotional SMS, text HELP to 50550.
Consent to receive marketing messages is not required as a condition of purchasing any goods or services. Ethos may send messages using an automatic dialing system. For help, email Support.
By signing up for the Ethos Message and Reminder service (the “Service(s)”), you (i) acknowledge and represent to Ethos and its affiliates (collectively, the “Company”) that you are at least eighteen (18) years old and the owner or authorized user of the mobile number(s) that you provide to the Service; (ii) agree to receive text messages from the Company, which may be sent via automated means and through third parties, to the mobile phone number(s) you provide; (iii) agree to receive SMS messages from the Company, which may be sent via automated means and through third parties, to the mobile phone number(s) you provide; (iv) understand that you are not required to provide consent to receive messages via the Service as a condition to purchasing any goods or services; (v) acknowledge and represent that you have read and understand the Ethos Privacy Policy; (vi) agree to the Terms of Use, which are incorporated into these Terms & Conditions with the same force and effect as though fully set forth herein; and (vii) agree to be bound by these Terms & Conditions, including, without limitation, any terms incorporated by reference (collectively, the “Terms & Conditions”). If you do not agree to these Terms & Conditions, you must immediately cease using the Service and contact Ethos as provided below.
Ethos may, at any time, revise or modify these Terms & Conditions. Such changes, revisions or modifications shall be effective immediately upon notice to you which Ethos may give by any means including, without limitation, posting on Ethos’s website or by email. Any use of the Service by you after such notice shall constitute your acceptance of all such changes, revisions and modifications.
THE ARBITRATION AGREEMENT SECTION CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ETHOS. AMONG OTHER THINGS, THE ARBITRATION AGREEMENT SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND ETHOS SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE ARBITRATION AGREEMENT SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE ARBITRATION AGREEMENT SECTION CAREFULLY. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH THE SECTION TITLED “30-DAY RIGHT TO OPT OUT”: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
When you sign up for the Service, you expressly consent to receive text and SMS messages about the Company’s products, services, and/or other programs and promotional offers on your cell phone or other mobile device(s) at the number(s) you provide. Ethos may send these messages by automated means. The Company will send messages only to the phone number you provide to opt into Ethos’s message program. The Company will provide details on how many messages you should expect to receive through the Terms & Conditions. In some instances, you may have the opportunity to reply to a message which may result in additional messages. Your consent to enrollment in the Service is not a condition to any purchase of goods or services. For more information about the Service, you may email Support.
Message and data rates may apply. Ethos does not charge a fee for the Service and assumes no responsibility for charges by your carrier that you may incur when you sign up to receive messages from Ethos. Wireless carriers are not liable for delayed and/or undelivered messages. You may opt out of the Service by texting STOP to the short code. You will receive a confirmation message that confirms you will no longer receive text messages from Ethos unless you opt back into the program.
Ethos may collect information about you in connection with the Service as set forth in Ethos’s Privacy Policy. This information may include but is not limited to your mobile phone number(s); your carrier’s name(s); the date, time and content of the messages; and other information that you may provide to Ethos in connection with the Service. If you have any questions regarding our privacy practices, please read our Privacy Policy.
No mobile information submitted by you via SMS to 50550 will be shared with third parties for marketing or promotional purposes.
You agree to indemnify, defend and hold Company and its officers, directors, employees, agents, licensors and service providers (collectively, the “Indemnified Parties”) harmless from and against all claims, liabilities, losses, damages, judgments, awards, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service.
ETHOS PROVIDES THE SERVICE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE PRECEDING DISCLAIMERS/EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN RELATION TO YOUR USE OR INABILITY TO USE THE SERVICE OR ANY MESSAGE CONTENT WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGE CATEGORIES, THE PRECEDING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE INDEMNIFIED PARTIES’ LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE TERMS & CONDITIONS AND YOUR USE OF THE SERVICES WILL BE GOVERNED BY TEXAS LAW, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
Arbitration Agreement. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Ethos and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Ethos agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the website and prior versions of the website, including claims and disputes that arose between you and Ethos before the effective date of these Terms & Conditions (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Ethos may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Ethos may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms & Conditions as well as claims that may arise after the termination of these Terms & Conditions.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Ethos. If that occurs, Ethos is committed to working with you to reach a reasonable resolution. You and Ethos agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Ethos therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Ethos that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@getethos.com or regular mail to our offices located at 1606 Headway Cir, #9013, Attn: Legal Department, Austin, TX 78754. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Waiver of Jury Trial. YOU AND ETHOS 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 Ethos are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Section titled “Applicability of Arbitration Agreement”. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. YOU AND ETHOS AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION TITLED “BATCH ARBITRATION”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Section titled “Batch Arbitration”. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Ethos agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Texas. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Ethos from participating in a class-wide settlement of claims.
Rules and Forum. These Terms & Conditions evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Ethos agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by National Arbitration and Mediation (“NAM”), in accordance with NAM’s Standard Rules and Procedures (the “NAM Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/content/uploads/2020/04/RULES-STANDARD.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). A Request to Ethos should be sent either by mail to 1606 Headway Circle, #9013, Austin, TX 78754 or by email to legal@getethos.com. A Request to you will be sent to your email address or regular address associated with your Ethos Account. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and Ethos otherwise agree, an in-person hearing will be held in the county where you reside, or as determined by the arbitrator (in the case of Batch Arbitration). Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely set forth in the applicable NAM Rules.
You and Ethos agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from NAM’s roster of Neutrals. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section titled “Batch Arbitration” is triggered, NAM will appoint the arbitrator for each batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section titled “Waiver of Class and Other Non-Individualized Relief”, including any claim that all or part of Section titled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section titled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section titled “Batch Arbitration”, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section titled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Ethos need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Ethos agree that in the event that there are ten (10) or more individual Requests of a substantially similar nature filed against Ethos by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Ethos.
You and Ethos agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1606 Headway Cir., #9013, Attn: Legal Department, Austin, TX 78754, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Ethos Account (or if no email address is associated with your account, any valid email address where you can be contacted), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms & Conditions will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Modification. You and we agree that Ethos retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at www.ethoslife.com/terms and you should check for updates regularly. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Ethos at 1606 Headway Cir., #9013, Attn: Legal Department, Austin, TX 78754, your continued use of the Service or the Terms & Conditions, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms & Conditions and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or these Terms & Conditions, the provisions of this Arbitration Agreement as of the date you first accepted these Terms & Conditions (or accepted any subsequent changes to these Terms & Conditions) remain in full force and effect. Ethos will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms & Conditions.
Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the State of Texas (except for small claims court actions which may be brought in the county where you reside).
If an adjudicatory body having competent jurisdiction determines that any provision of these Terms & Conditions is invalid or unenforceable, then the remainder of the Terms & Conditions will not be affected.
If you have any questions about the Service or the Terms & Conditions, contact Ethos at support@getethos.com with the subject line “Message & Reminder Terms & Conditions.”
These Terms and Conditions constitute the sole and entire agreement between you and the Company with respect to the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.