Terms of Use for Asurion Product Replacement Center

PLEASE READ THE TERMS OF USE (“TERMS”) FOR THE ASURION PRODUCT REPLACEMENT CENTER (“THE SITE”) CAREFULLY AND COMPLETELY BEFORE USING THE SITE. THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SITE. THE TERMS LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT ACTIONS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT CLICK “GET STARTED” AND DO NOT USE THE SITE. PLEASE CONTACT US AT TERMSOFUSE@ASURION.COM WITH QUESTIONS ABOUT THE TERMS.

1. DEFINITIONS.

In the Terms, the words: (a) “Asurion” and “We” and “Us” mean Asurion, LLC and its parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns; (b) “Product Replacement Center” and “the Site” mean the Site and the services provided through the Site; and (c) “You” and “Your” mean an individual who uses the Site and any person or entity represented by that individual.

2. LICENSE.

Subject to these Terms, Asurion grants You a personal, revocable, non-transferable, non-exclusive limited right to access and use the Site for the purpose of receiving services from Asurion and not for any other purpose, including a commercial or business one. We grant You no other rights, beyond what is expressly granted to You in the Terms, and We hereby reserve any and all other rights, including the right to change or discontinue the Site and/or Your access to and use of the Site at any time, for any reason and without notice or liability to You.

3. USE.

The Site is intended for Your personal use only and is not intended for any commercial or business use. You may use the Site only if You can form a binding contract with Asurion and You are not a person who is barred from using the Site by laws of the United States or any other applicable jurisdiction. The Site is operated from facilities in the United States, and We make no representation that it is appropriate or available for use elsewhere.

4. RULES.

You shall not use the Site in any way that violates any applicable laws, rules or regulations or infringes any copyright, trademark or other intellectual property right of any third party or discloses a trade secret or confidential information. Additionally, You shall not use the Site in any way that: (a) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site; (b) removes, obscures, or alters any proprietary, copyright or trademark notices on the Site; (c) modifies, adapts, improves, enhances or makes any derivative work from the Site; (d) interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (e) compiles, uses, downloads, distributes or otherwise copies the Site or any portion thereof; (f) is fraudulent or unlawful or contains defamatory or illegal information, images, materials or descriptions; (g) promotes or provides instructions for illegal activities; (h) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (i) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (j) uses any robot, spider, or other automatic or manual process to monitor or copy the Site or any portion thereof; or (k) sends unsolicited commercial messages or communications or causes such messages to be sent.

5. SERVICE REQUEST NUMBER.

You must provide Your service request number and zip code to use the Site, and You must provide current, complete and accurate information. You are solely responsible for any activity that occurs in relation to Your service request number and for keeping Your number confidential, and You are solely liable for any damages caused by a failure to do so. If You believe that the confidentiality of Your service request number has been compromised, You should contact Us.

6. PRIVACY & SECURITY.

Our Privacy Policy is available here and explains Our policies with respect to the collection, use and disclosure of information related to or derived from Your use of the Site. Please read the Privacy Policy carefully and completely. It is incorporated by reference into the Terms, and by using the Site, You consent to the collection, use and disclosure of Your information as set forth in the Policy. Since We cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Us at Your own discretion and risk.

7. SUBMISSIONS.

The Site may allow You to submit content that You have created to Us, including suggestions, comments or reviews of the services provided by Us (“Submission”). You acknowledge and agree that any Submission is gratuitous, unsolicited and without restriction and is Our sole and exclusive property and shall not be returned to You. It does not place Us under any fiduciary or other obligation, and We are free to use the Submission without compensation to You and/or to disclose the Submission to anyone on a non-confidential basis. You further acknowledge that We do not, by acceptance of Your Submission, waive any rights to use similar or related things previously known to Us, or developed by Our employees or obtained from sources other than You.

8. INTELLECTUAL PROPERTY RIGHTS.

You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Site are Our exclusive property, and all such rights not expressly granted to You in the Terms are hereby reserved and retained by Us.

9. NOTIFICATION OF COPYRIGHT INFRINGEMENT.

We have a policy of removing content from the Site that violates applicable copyright law, pursuant to Section 512 of Title 17 of the United States Code. To notify Us of a possible copyright infringement, You should send a statement to Us by email at DMCAnotification@asurion.com or by certified mail at Asurion Legal Department, P.O. Box 110656, Nashville, TN 37122-0656. The statement should contain the following information: (a) Your contact information; (b) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is infringed; (c) identification of the copyrighted work claimed to have been infringed; (d) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10. INDEMNIFICATION.

You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense arising out of or in connection with the following: (a) Your use or misuse of the Site; (b) Your alleged or actual breach of the Terms; (c) Your alleged or actual violation of any applicable rule, law, regulation or intellectual property or other right of third parties; or (d) Your negligence or willful misconduct. We reserve the right to assume the exclusive defense and control of any such matter at Your expense, and You agree to cooperate in that defense.

11. DISCLAIMER OF WARRANTIES.

The following disclaimer shall apply to You to the maximum extent permitted by applicable law.

A. YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE SITE IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SITE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SITE. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SITE AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS.

B. IN THE EVENT OF ANY FAILURE OF THE SITE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY US AND WE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SITE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

12. LIMITATION OF LIABILITY.

ACCESSED OR OBTAINED BY YOU THROUGH THE SITE WILL BE AS REPRESENTED OR MEET YOUR

A. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE.

B. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO US, IF ANY, OR $150.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. ARBITRATION AGREEMENT.

Most of Your questions and concerns can be addressed by contacting Us at termsofuse@asurion.com. For any dispute relating to the Site, You agree to first contact Us and attempt to resolve the dispute informally.

A. In the event We cannot resolve the dispute, YOU AND WE AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement (“A.A.”) shall survive the termination of the Terms and is governed by the Federal Arbitration Act. This A.A. shall be interpreted broadly, and it includes any dispute You have with Us that arises out of or relates in any way to the Site or to Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this A.A. does not preclude You from bringing an individual action against Us in small claims court or from informing any federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your behalf.

B. To initiate arbitration, send a written Notice of Claim by certified mail to: Legal Department, P.O. Box 110656, Nashville, TN 37122-0656. The Notice must describe the dispute and the relief sought. If We do not resolve the dispute within 30 days of receipt of the Notice, You may start an arbitration with the American Arbitration Association (“AAA”). You can contact the AAA and obtain a free copy of the rules and forms necessary to start an arbitration proceeding at at www.adr.orgor 1-800-778-7879. We will reimburse You for a filing fee paid to the AAA, and if You are unable to pay a filing fee, We will pay it if You send a written request by certified mail to the Legal Department.

C. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("Rules") in effect at the time the arbitration is started and as modified by this A.A. The arbitrator is bound by the terms of this A.A. and shall decide all issues, with the exception that issues relating to the enforceability of this A.A. may be decided by a court. If Your dispute is for $10,000 or less, You may conduct the arbitration by submitting documents to the arbitrator or by telephone. If Your dispute is for more than $10,000, Your right to hearings will be determined by the Rules. Unless otherwise agreed, any hearings will take place in the county/parish of Your mailing address. We will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). In that case, the Rules govern payment of such fees.

D. The arbitrator shall issue a decision including the facts and law upon which his/her decision is based. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement offer made by Us or if We made no settlement offer, and the arbitrator awards You any damages, We will: (1) pay You the amount of the award or $5,000, whichever is greater; and (2) pay Your attorney, if any, the attorney's fees and expenses reasonably incurred by him/her in the arbitration. While that right to attorney’s fees/expenses is in addition to any right You may have under applicable law, neither You nor Your attorney may recover duplicate awards of attorney’s fees/expenses. We hereby waive any right We may have under applicable law to recover attorney’s fees/expenses from You if We prevail in the arbitration.

E. If You or We seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You or Us relief. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate Your dispute with the dispute of any other person and may not preside over any form of representative or class proceeding. If this specific provision of this A.A. is found to be unenforceable, then the entirety of this A.A. is null and void.

14. CLAIM LIMITATION.

Unless otherwise allowed by applicable law, any claim related to the Site shall be brought within one year of the events giving rise to the claim. Failure to assert any such claim during that one-year period results in the claim being forever waived and barred.

15. SEVERABILITY & WAIVER.

If any provision of the Terms is found to be invalid or unenforceable, it should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the provision should be severed from the Terms. Any failure to enforce a provision of the Terms shall not be deemed a waiver of that provision.

16. GOVERNING LAW & ENTIRE AGREEMENT.

The Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The Terms constitute the entire agreement between You and Us with respect to the Site and supersede any prior or contemporaneous agreements.

7.9.14 VERSION OF T.O.U.