Legal Notice

Terms & Conditions

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of use, as well as any additional terms that may appear on this website from time to time. Unauthorized use of this website may result in legal action and/or constitute a criminal offense.

The content provided on this website is for general information and personal use only. Down Guard reserves the unconditional right to modify or update these Terms and Conditions at any time without prior notice. Any changes will become effective upon posting on this website. The most current version of the Terms and Conditions will always be available for your review.

Down Guard reserves the right to suspend, restrict, or discontinue access to the website at any time, for any reason or no reason, including but not limited to violations of these Terms and Conditions, without notice or liability. If your authorization to use the website is terminated or suspended, you agree not to access or attempt to access the website, directly or indirectly, unless and until express permission is granted by Down Guard.

This website contains materials owned by or licensed to Down Guard, including but not limited to its design, layout, appearance, and graphics. Reproduction of any materials is prohibited except in accordance with applicable copyright and trademark laws and notices included as part of these Terms and Conditions. All trademarks displayed on this website that are not owned or licensed by Down Guard are acknowledged accordingly.

Your use of any information or materials on this website is entirely at your own risk. Down Guard shall not be liable for any consequences arising from such use. It is your responsibility to ensure that any products, services, or information available through this website meet your individual requirements.

If you do not agree with these Terms and Conditions, you are not authorized to access or use this website.

 

Cancellation and Refund Policy

The Down Payment Protection Plan is nontransferable under any circumstances. However, the original customer or policyholder has the unconditional right to cancel the Standard Policy at any time prior to a constructive total loss.

The policy is fully cancelable and refundable within the first thirty (30) days from the purchase date. If canceled within this period, the customer will receive a 100% refund minus an $80 service cancellation fee. After the first thirty (30) days, the policy may still be canceled and refunded on a prorated basis, less an $80 service charge.

Any refund will be paid to the lienholder, if applicable. If there is no lienholder at the time of cancellation, the refund will be issued directly to the policyholder.

Cancellation by the policyholder becomes effective on the date a written and signed cancellation request is received by Down Guard or its administrator. Within fifteen (15) business days of receiving the cancellation request, Down Guard will mail written confirmation of the cancellation to the customer or policyholder.

A Down Guard Cancellation Form is available on our website for your convenience.

 

Claims

In the event of a total loss (and total loss only), the customer or policyholder must submit the following documents to process a claim:

  • A completed and signed Down Guard Claim Form or cancellation letter from the original policyholder
  • A copy of the vehicle’s current and valid state registration at the time of the reported total loss
  • A copy of the policyholder’s valid driver’s license
  • A copy of the policyholder’s active insurance binder showing full coverage at the time of the loss
  • A complete, signed, and dated official police report with narrative
  • Proof that the original loan has been paid in full, showing a zero ($0) balance from the original lienholder
  • Copies of the original Buyer’s Order or Bill of Sale, GAP Protection policy, and original Retail Installment Contract
  • Copies of the replacement vehicle Buyer’s Order or Bill of Sale and Retail Installment Contract
  • A copy of the replacement vehicle bank or lienholder approval, including the lienholder’s phone number

Due to the requirements of the Gramm-Leach-Bliley Act, Down Guard is not authorized to collect this information on behalf of customers or policyholders. It is the responsibility of the customer or policyholder to provide all required documentation. Claims cannot be processed without complete and accurate information.

 

Exclusions

Down Guard benefits will not be provided in the event of a constructive total loss under any of the following circumstances:

  • The total loss occurs before final approval of the finance or lease contract
  • The loss occurs before the Down Guard policy activation date
  • The vehicle is confiscated by a government or public authority at the time of loss
  • The vehicle has been repossessed by the original lender or is in the possession of the lender or its agents
  • The loss is caused by theft and an official police report is not filed within 24 hours
  • The policyholder’s full legal name does not appear on the official accident or police report
  • The vehicle is being used in a race, speed contest, competition, or exhibition event
  • The loss results directly or indirectly from war (declared or undeclared), civil unrest, rebellion, invasion, riot, or military/paramilitary activity
  • The loss results from fraudulent, illegal, or criminal acts committed by the policyholder or a permitted driver, including but not limited to felony offenses, DUI/DWI, or attempting to evade law enforcement. No policy benefits will be paid until all related charges are dismissed or adjudicated as not guilty
  • The vehicle has a salvage or rebuilt title at the time of sale, or its title status was not properly updated before the loss
  • The loss occurs outside the United States or Canada, except while the vehicle is being legally transported by licensed and insured carriers between these locations
  • Fraud, misrepresentation, or concealment of material facts has occurred, whether intentional or unintentional

 

Privacy Policy

At Down Guard, we are committed to protecting your privacy and ensuring you understand how your personal information is collected, used, and safeguarded. We encourage you to review this Privacy Policy carefully.

Information We Collect If you are a customer, we may collect personal information such as your full name, mailing address, phone number, and email address in order to provide our products and services. Payment information, including credit card or checking account details, is processed through secure third-party payment providers and is not stored by Down Guard.

  • We collect information from the following sources:
  • Information you provide on applications or other forms
  • Information you provide verbally
  • Information about your transactions with us, our affiliates, or others
  • Information received from consumer reporting agencies
  • How We Use Your Information
  • We may use your personal information to:
  • Process and administer your purchase of our products and services
  • Verify your identity and prevent fraud
  • Provide the products and services you request
  • Contact you about relevant Down Guard products and services
  • Improve our products and services through quality assurance and testing
  • Information Sharing and Disclosure

Down Guard does not sell your personal information. We may share your information with trusted service providers who assist us in delivering our products and services. We may also disclose information:

  • With your consent or at your direction
  • For fraud prevention purposes
  • To complete transactions you request
  • As otherwise permitted or required by law

We may share information with companies that perform marketing services on our behalf or with financial institutions with whom we maintain joint marketing agreements.

By responding to offers from affiliated or non-affiliated third parties, you may choose to share your information directly with them. Their use of your information is governed by their own privacy policies, and Down Guard does not control their practices.

Your Privacy Choices

You have the right to opt out of certain disclosures of your personal information to affiliated and non-affiliated third parties, except where disclosure is permitted or required by law. To request an opt-out, please contact us at:

 

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