Terms of Service

A. Damage Protection Plans

Damage Protection plans are offered by InsureStays, a dba of Sandhills Insurance Group, LLC, and powered by the RentalGuardian.com platform. Protection Brands is not an insurance company and does not issue, underwrite or pay coverage. The terms, conditions, limits and exclusions of your coverage are set out in the plan documents you receive after purchase, and those documents control if they differ from anything on the site.

Each plan covers a single guest stay of up to 30 days at one property. The host or property manager is the covered party. A plan does not carry over to another stay. Hosts may pass the cost of a plan on to their guests as part of the reservation price or as a separate fee.

To make a claim, you must start it within 14 days after the guest’s departure date, with photos of the damage, and provide paid receipts within 45 days of opening it. Claims are reviewed by the claims administrator, who decides whether a claim is covered.

B. Payment

The price of each plan is shown on the site before you buy. Payment is due in full at purchase and is processed by our payment processor. Plans do not renew automatically; each plan covers one stay.

C. Cancellations and Refunds

You may cancel a plan for a full refund by contacting us no later than the day before the plan’s start date. Refunds go back to the card used for the purchase. A plan cannot be cancelled or refunded on or after its start date.

If you have a question while canceling, Protection Brands customer service support staff will generally respond to your message within forty-eight hours, unless uncontrollable circumstances delay the response.

D. Changes to These Terms of Service

We recommend that you print and retain a copy of these Terms of Service. We may change these Terms of Service at any time by posting the revised version on this page and updating the “Last updated” date. Changes apply from the date they are posted. The terms in effect when you bought a plan continue to apply to that plan. If you do not agree to a change, your sole recourse is to stop using the Services. Should you have any questions regarding the use of our site, please contact us at customercare@protectionbrands.com.

E. Accounts

Hosts, property managers and their guests may use the Services to protect stays at rental properties. You may buy a plan without an account, or register a partner account to save your properties and receive member pricing.

To register, you will provide an email address and sign in with a password or a one-time code we email to you. When registering you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality of your password and sign-in codes, and are fully responsible for all activities that occur under your account. You agree to immediately notify Protection Brands of any unauthorized use of your account or any other breach of security. Protection Brands cannot and will not be liable for any loss, damage or consequence arising or resulting from any unauthorized use of your account.

F. Consent to Electronic Communications

By buying a plan or registering with Protection Brands, you understand that we may send you communications from Protection Brands regarding the Services, including but not limited to (a) your plan documents, receipts and claim updates, (b) notices about your use of the Services, including any notices concerning violations of use, (c) updates, and (d) promotional information and materials regarding Protection Brands’ products and services, via electronic mail. We give you the opportunity to opt out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.

G. User Conduct/Acceptable Use Policy

Unauthorized use of the Services, or the resale of the Services without our prior written consent, is expressly prohibited, except that hosts may pass the cost of a plan on to their guests as described in Section A. You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Protection Brands or others.

To the extent that the Services allow you to submit information, materials, photos, documents or messages, including with a claim (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You grant Protection Brands and its contractors an irrevocable, royalty-free, worldwide license to use, copy, and share such content for the sole purpose of providing to you the Services, including sharing it with the parties that administer your coverage and claims. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct and your User Content. Protection Brands does not claim any ownership rights in any User Content.

Protection Brands has no obligation to monitor the site or the Services, but may do so and disclose information regarding use of the Services if, in its sole discretion, it believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its users. Protection Brands may remove any User Content that it, in its sole discretion, determines to infringe another’s property rights, to violate this Acceptable Use Policy, or to be possibly in violation of applicable law.

Additionally, Protection Brands reserves the right, without limitation, to terminate your access to and use of the site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

• You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Protection Brands site, computer systems and network, or the Services.
• You may not attempt to interfere with any other person’s use of the Services.
• You may not misrepresent your identity or impersonate any person.
• You may not submit false or misleading information when buying a plan or making a claim.
• You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
• You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
• You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
• You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
• You may not use the Services to send or otherwise make available any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
• You may not use the Services to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
• You may not use the Services to harvest or otherwise collect information about others, including e-mail addresses.
• You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Protection Brands in connection with the site or Services.
• You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Protection Brands.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Protection Brands. Protection Brands reserves the right, in its sole discretion, to determine whether and what action to take in response to any violation, and any action or inaction in a particular instance shall not dictate or limit Protection Brands’ response to a future complaint. You acknowledge and agree that Protection Brands shall not assume or have any liability for any action or inaction by Protection Brands with respect to any User Content.

H. Intellectual Property Rights and Notices

Except for the licenses granted herein, you have no right, title or interest in or to the Services or any content on the site. You agree that Protection Brands or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Services and content, including, without limitation, text, images, and other multimedia data.

All contents of the site and Services including but not limited to design, text, software, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © Protection Brands LLC, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Protection Brands and/or its suppliers, affiliates, or licensors. All Rights Reserved.

Protection Brands, Damage Protection and their logos are trademarks, service marks or registered trademarks of Protection Brands, and may not be copied, imitated, or used, in whole or in part, without Protection Brands’ prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Any rights not expressly granted herein are reserved to and by Protection Brands.

I. Claims of Copyright Infringement

Protection Brands respects copyright law and expects Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Protection Brands’ Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Protection Brands’ Agent can be reached at customercare@protectionbrands.com.

J. Third Party Content, Sites and Services

The Services may link to or rely on third party web sites, content, products or services. We are not responsible for any third-party content you access through the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Any dealings you have with a third party, and any terms associated with them, are solely between you and that third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Should you suffer data loss or other losses as a result of problems with any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

K. Privacy

Protection Brands has established a Privacy Policy to explain to Users how their information is collected and used. Your use of the Services is your acknowledgment of and agreement to the Protection Brands Privacy Policy. You further acknowledge and agree that Protection Brands may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Protection Brands, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

L. Protection Brands Makes No Warranties

Protection Brands intends for the information contained on its site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Protection Brands may make changes and improvements to the information provided herein at any time. Your coverage is governed by your plan documents, as described in Section A.

PROTECTION BRANDS PROVIDES ITS SITE AND SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTECTION BRANDS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “PROTECTION BRANDS PARTY,” AND COLLECTIVELY, THE “PROTECTION BRANDS PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PROTECTION BRANDS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

M. Limitations of Liability

IN NO EVENT WILL ANY PROTECTION BRANDS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE OR SERVICES, EVEN IF SUCH PROTECTION BRANDS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PROTECTION BRANDS PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICES, THEN, EXCEPT AS PROVIDED IN SECTIONS A, C AND R, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

In the event that, notwithstanding the foregoing disclaimers and indemnification, Protection Brands is found responsible to any User for any reason whatsoever, Protection Brands’ responsibility shall be limited to the net amounts actually paid by such User for Protection Brands’ services, net of any pass-through expenses, and shall not include punitive damages or consequential or resulting damages of any nature. Nothing in this section limits the coverage provided under your plan documents.

N. Changes to the Services; Additional Liability Limitation

WE MAY CHANGE THE SITE AND SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS L AND M, THE PROTECTION BRANDS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS L AND M, PROTECTION BRANDS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA THROUGH USE OF THE SERVICES, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

O. Indemnification

You agree to indemnify, defend and hold harmless Protection Brands, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Protection Brands reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Protection Brands in asserting any available defenses.

P. Confidentiality

“Confidential Information” means any technical and non-technical information of Protection Brands, including patent, trade secret, intellectual property and proprietary information, techniques, processes, algorithms, software programs and data files, when marked as “Confidential”.

Confidential Treatment. You and Protection Brands agree that neither will make use of, disseminate, or in any way disclose the other’s Confidential Information to any person, firm or business, organization or entity, except to the extent necessary for performance of the Services. You and Protection Brands agree to disclose Confidential Information only to those individuals or entities who need to know such information and who have previously agreed to be bound by these terms and conditions, and to treat all Confidential Information with the same degree of care and responsibility as they accord to their own confidential information.

Termination of Confidential Treatment. Your and Protection Brands’ obligations with respect to any portion of Confidential Information shall terminate when a party can document that (a) it was in the public domain at the time it was communicated, (b) it entered the public domain subsequent to the time it was communicated through no fault of the receiving party, (c) it was in the receiving party’s possession free of any obligation of confidence at the time it was communicated, (d) it was rightfully in the receiving party’s possession free of any obligation of confidence at or subsequent to the time it was communicated, (e) it was developed by employees of the receiving party independently of and without reference to any information communicated to it by the other party, or (f) the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either party under these Terms of Service.

Q. Suspension or Termination

Protection Brands reserves the right to suspend your use of the Services immediately without notice in the event of abnormal, irregular or anomalous activity in your account, and will notify you in a timely manner of the suspension and the expected time of release thereof. Protection Brands reserves the right to terminate your use of the Services immediately without notice in the event of unlawful activity in your account, and will notify you in a timely manner thereafter. You may close your account upon notice to Protection Brands at any time. Closing an account does not cancel plans you have already bought; Section C governs cancellations.

R. Governing Law and Resolving Disputes

These Terms of Service are governed by the laws of the State of South Carolina, United States of America, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws.

Any claim or dispute with Protection Brands or relating in any way to your use of the Services, including any claim involving Protection Brands or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers, will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Charleston County, South Carolina or by video. Either party may instead bring an individual claim in small claims court.

S. International Users

By using the Services, Users in the European Union and other nations understand and consent to the processing of personal customer information in the United States of America.

T. Notices to Protection Brands

You may notify us by e-mail at: customercare@protectionbrands.com

U. Other Terms

Proprietary Rights. The site and the Services, and all worldwide intellectual property rights therein, are Protection Brands’ exclusive property. Nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license under any of Protection Brands’ existing or future patents. You will not remove, alter, or obscure any proprietary notices (including copyright notices) of Protection Brands on the site.

Compliance with Laws. You will comply with all applicable laws in your use of the Services. You will defend, indemnify and hold harmless Protection Brands from and against any violation of such laws or regulations by you.

Waivers. All waivers must be in a writing signed by both parties. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Assignment. Protection Brands may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SITE AND SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. This limit does not apply to claims for damage under your plan, which follow the deadlines in Section A and your plan documents. The failure of Protection Brands to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

Other. If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, 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 these Terms of Service shall continue in effect; a printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form; all rights not expressly granted herein are reserved to and by Protection Brands.