End User License Agreement ("EULA")

TEP APPLICATION TERMS AND CONDITIONS

 

Please Note! This TEP Application requires Your wireless carrier to disclose location information about Your device to Asurion Mobile on an ongoing basis for the purpose of providing the TEP Application services, including to allow you to locate a lost device via protection.sprint.com. Deleting the TEP Application from Your device will disable this function, but the website will maintain the last 5 locations until deleted or 7 days after uninstalling the application.

Below are the terms and conditions ("Agreement") for using Asurion Mobile Applications, Inc.'s ("Asurion Mobile") mobile recovery application ("TEP Application"). The words "Asurion Mobile," "we," "us" and "our" collectively refer to Asurion Mobile Applications, Inc. and its parent, subsidiaries and affiliates. Please read this Agreement carefully before installing, electronically downloading or using the TEP Application. By installing, electronically downloading or using the TEP Application, You (as the subscriber to the TEP Application service, "You " or Your") are agreeing to be legally bound by all of the terms and conditions set forth in this Agreement. If You, as the subscriber to the TEP Application service, permit, authorize, provide access to or otherwise allow any other individual to use the TEP Application service and/or TEP Application, such individuals shall be deemed to be included in the terms "You" or "Your" as used in this Agreement. If You do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, You will not have the right to, and may not, install, electronically download or use the TEP Application.

Asurion Mobile may amend, revise or replace this Agreement in whole or in part, at any time, without prior notice to You, or if not permitted under applicable law, Asurion Mobile will provide You thirty (30) days notice or such longer period required under applicable law. You should, from time to time, review the then-current version of this Agreement located at http://protection.sprint.com/eula.html.

1. TEP Application Registration, Activation And Password Security

You acknowledge and agree that TEP Application and the TEP Application service offered by Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) may rely on location information. By activating the TEP Application service, You acknowledge and agree that Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) may transmit, collect, store, maintain, process, use and disclose to third parties information concerning the location of Your device(s), including real-time geographic location data (" Location Information") for the purposes of providing you the TEP Application services. You agree that it is Your responsibility to notify any users of Your device(s) concerning this disclosure of location information and that neither Asurion Mobile nor any of its partners and licensees (including, without limitation, Your wireless carrier) shall have any liability resulting from such failure to notify. You may withdraw Your consent to the foregoing at any time by uninstalling the application from Your device(s). You acknowledge and agree that Asurion Mobile shall not be responsible for any failure in the functionality of the TEP Application or the TEP Application service caused by or resulting from disabling the location-enabling features of Your device(s).

Before You are able to access and use the TEP Application, You must create a login and password during the creation of Your TEP Application service account (Your "Account"). You are solely responsible for all activities that occur in connection with Your Account (whether or not such activities occur with Your knowledge or consent). You are also solely responsible for maintaining the confidentiality of the login and password for Your Account and You shall be solely liable for any claims, damages, costs or other liabilities resulting from or caused by any failure to do so. You agree to immediately notify Asurion of any suspected or actual unauthorized access to or use of Your Account or any other breach of Account security known to You. You have the capability to change the password for Your Account at any time.

You may use the TEP Application to request the best available location for the requested device. When You initialize a TEP Application location request for a device, the TEP Application will send a notification to the device via SMS text message that the device is trying to be located remotely.

2. Privacy and Consent To Data Collection

For the purpose of providing you the TEP Application service (and not for third party commercial purposes), you hereby authorize Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) to transmit, collect, store, maintain, process, use and disclose to third parties, to the maximum extent permitted by applicable law (i) Your Location Information and (ii) any other personal information (including Your name, address, telephone number, account number, equipment identifiers, e-mail address and Internet Protocol addresses) necessary to enable delivery of the TEP Application service, including functions that are incidental to such delivery, such as invoicing ("Personal Information"). Your Location Information will be stored only as long as necessary to provide the TEP Application service, which may be as short as seven days in some instances. The transmission, collection, storage, maintenance, processing, use and disclosure of Your Personal Information under this Agreement is governed by the most current version of Asurion Mobile's privacy policy, located at http://protection.sprint.com/privacy.htm. Asurion Mobile may amend, revise or replace its privacy policy in whole or in part, at any time, without prior notice to You. Notwithstanding the foregoing, You expressly agree that You have no expectation of privacy when using the TEP Application as it relates to Your location.

3. Safe and Lawful Use of TEP Application

You agree (i) to use the TEP Application and the Location Information provided thereby only for lawful purposes, (ii) to comply with all applicable laws and rules and any additional terms that Asurion Mobile may incorporate into this Agreement, and (iii) not to use or permit others to use the TEP Application while operating heavy machinery or engaging in any activity where insufficient attention on your part could result in personal injury, death or property damage. You agree that You will not misuse or fraudulently use the TEP Application and that You will be responsible for any liability (including any attorneys' fees and legal expenses) incurred by Asurion Mobile or any other party caused by or resulting from Your misuse or fraudulent use of the TEP Application or Your failure to comply with the terms of this Agreement. As noted above, Asurion Mobile may amend, revise or replace this Agreement in whole or in part, at any time, without prior notice to You. It is your responsibility to ensure that you are familiar with the terms of the most-recent version of this Agreement located at http://protection.sprint.com/eula.html.

Misuse or fraudulent use includes, but is not limited to, the following:

  • Using the TEP Application in such a manner so as to unreasonably interfere with (i) the use of the TEP Application by any other users or customers of a wireless services provider, or (ii) Asurion Mobile's ability to provide the TEP Application
  • Using the TEP Application for any illegal or unauthorized purpose
  • Backing up any content that You do not have legal right to use and/or copy
  • Committing or permitting others to commit subscription fraud or unauthorized access to the TEP Application
  • Using the TEP Application to slander, defame, harass, stalk, threaten or otherwise violate the legal rights of others
  • Using the TEP Application to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials
  • Using the TEP Application to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
  • Using the TEP Application without permission on a device, regardless of whether it is a stolen, lost or unauthorized device
  • Using the TEP Application to attempt, or assist another to attempt, to access, alter, or interfere with the communications and/or information about another user or customer of a wireless services provider
  • Using the TEP Application to tamper with or make an unauthorized connection to the network of any wireless service provider
  • Reselling or re-billing the TEP Application services to any other individual or entity

4. Limitation of Service

You acknowledge and agree that the TEP Application may provide You or Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) with an approximate location of Your device(s) only, and that the TEP Application is not able to provide the exact geographical location of the device(s). Asurion Mobile does not guarantee or warrant the accuracy of the TEP Application's results following a request to provide location information or a request to erase the content of the device. In order for the TEP Application to function, the wireless device on which the TEP Application has been installed must (among other factors) be turned on, charged and located within the coverage area of Your wireless provider. The accuracy of the location information obtained through use of the TEP Application is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. By entering into this agreement, You acknowledge that the results You may obtain from Your use of the TEP Application including, but not limited to, content removal, directions, maps, and requested locations or messaging, may not be accurate, timely or reliable. Asurion Mobile reserves the right to set limits on the use of the TEP Application at its discretion. You are not authorized to and may not use the TEP Application to locate devices that are not located in the United States. When trying to physically recover a device using the TEP Application, You should be cautious of attempting to physically recover the device in an unfamiliar location. You acknowledge and agree that in no event shall Asurion Mobile or its partners or licensees including, without limitation, Your wireless carrier) have any liability as a result of, caused by or in connection with any attempt to physically recover the device. You acknowledge that using the TEP Application to erase content and data from your device is a non-reversable action and that the TEP Application is not necessarily compatible with any data backup application you may be utilizing on Your device. Your content and data may not be recoverable even if You utilize a data backup application on Your device.

5. Suspension and Termination

Without prejudice to any other rights, Asurion Mobile reserves the right to suspend and/or terminate, or authorize or cooperate with Your wireless provider in suspending and/or terminating, Your access to the TEP Application or the related service package at any time for any or no reason and without notice to You. You may terminate the TEP Application at any time by uninstalling the TEP Application on your Device. Any cancellation by You shall become effective upon receipt of Your cancellation notice.

Upon any termination of the TEP Application, Asurion Mobile shall have no further liability to You or any further obligations under this Agreement.

6. Ownership

You acknowledge that (a) the TEP Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws and (b) Asurion Mobile has the legal right or owns all right, title and interest in and to the TEP Application and software provided through or in conjunction with the TEP Application, including without limitation all Intellectual Property Rights therein and thereto. For the purposes of this Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that You will not, and will not allow, permit or enable any third party to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the TEP Application, unless otherwise expressly permitted in writing by Asurion Mobile, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including, without limitation, any digital rights management functionality) contained in the TEP Application, (iii) use the TEP Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Asurion Mobile's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the TEP Application. You acknowledge and agree that the TEP Application is licensed to You, and that You have no ownership interest in the TEP Application or any software provided through or in conjunction with TEP Application.

7. Automatic Updates

The TEP Application may, from time to time, communicate with the servers of Asurion Mobile or Your wireless provider to check for available updates to the TEP Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the TEP Application, You agree and consent to such communication and the automatic download and installation of such Updates. Upon installation, any such Updates shall be deemed to be a part of the TEP Application for the purposes of this Agreement.

8. Grant of License

Subject to Your compliance with the terms and conditions of this Agreement, Asurion Mobile hereby grants You a revocable, limited, non-transferable and non-exclusive license to install and use the TEP Application on Your mobile device (such as mobile phones, personal digital assistants or other digital electronic devices) in the United States, solely for the purpose of accessing and using the online the TEP Application service offered by Asurion Mobile or Your wireless provider on your device or at the website specified by Asurion Mobile or Your wireless provider, as applicable. The foregoing license is expressly limited to Your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by Asurion Mobile, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell the TEP Application, or any information, products or services obtained from, or used in conjunction with the TEP Application. All rights in the TEP Application not expressly granted under this Agreement are reserved to Asurion Mobile.

9. Payment

You agree to pay all data usage charges, if any, related to the use of the TEP Application. Any fees for TEP Application, or the related service package, will be charged to Your wireless service account on a monthly basis for so long as You have subscribed to the TEP Application or related service package, regardless of whether You have electronically downloaded, installed or used the TEP Application. Asurion Mobile reserves the right to change the fees for TEP Application or the related service package at any time; provided that Asurion Mobile will take commercially reasonable efforts to provide You with prior notice of any such change. If You fail to pay the charges for the TEP Application when due, Your wireless carrier will be entitled to pursue any and all legal remedies to collect the amounts owed by You, including fees for TEP Application or the related service package. Additionally, if You fail to pay the fees for the TEP Application or the related service package, Your wireless carrier will be entitled to, and is hereby authorized to, suspend the provision of the TEP Application service and disable Your use of TEP Application until such fees have been fully paid.

TEP Application may utilize SMS messaging as part of its functionality. You acknowledge that Your wireless carrier may charge additional fees for SMS services and or data usage. Any such additional fees charged by Your wireless carrier for services utilized by the TEP Application are solely Your responsibility and Your failure to pay such additional fees may result in suspension or disabling of the TEP Application service.

Asurion Mobile shall not be responsible for any failure in the functionality of the TEP Application or the TEP Application service caused by or resulting from Your failure to pay any amounts when due.

10. Representations and Warranties

You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and any users who have access to the TEP Application. You also represent and warrant that Your use of the TEP Application will be solely for Your personal and lawful use and for no other purpose, that you will only use the TEP Application and the TEP Application service in the United States and that You will comply with all applicable laws and rules and the terms and conditions of this Agreement.

11. Export Restrictions

TEP Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce ("DOC") Export Administration Regulations ("EAR")), the U.S. International Traffic in Arms Regulations ("ITAR"), applicable U.S. sanctions and embargoes administered by the U.S. Department of Treasury, and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, to the extent that any of the foregoing apply to You, (ii) not download or otherwise export, or re-export, directly or indirectly, the TEP Application to Cuba, Iran, N. Korea, Sudan or Syria or any country to which the U.S. maintains an economic embargo, to or by a national of Cuba, wherever located, or a resident of Iran, N. Korea, Sudan, or Syria, nor to any person or entity on the DOC's Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or the U.S. Department of Treasury's Specially Designated Nationals ("SDN") List, (iii) not export, or re-export the TEP Application to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute the TEP Application for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons. Diversion of this product contrary to applicable law is prohibited.

12. Archived Data Restrictions

You agree that You will use the data backup feature included in the TEP Application, if available, solely for the purpose of making an archival backup copy of Your personal contact information and Your personally created user-generated content ("Data") contained on Your device, and You grant Asurion Mobile the right to copy, transmit, store and use the archival backup copy of Your Data (the "Archived Data") on storage systems operated by or for Asurion Mobile ("Asurion Mobile Storage Systems"). You agree that You will use the data backup feature included in the TEP Application to upload Data only to Asurion Mobile Storage Systems and that You will not attempt to back up any other content or data, including content or data You do not have legal right to use and/or copy. You agree to use the Archived Data solely for the purpose of restoring all or a portion of the Data originally stored on Your Device and You shall not use the TEP Application to copy, transmit or distribute any Data to any other Device or equipment. You agree that You will not use the data backup feature included in the TEP Application to back up Data or any other data or content that violates any law or that infringes any copyrights or other intellectual property rights of any third party. You agree that Asurion Mobile, in its sole discretion, may disable Your access to Your Archived Data or remove and/or delete Your Archived Data from Asurion Mobile Storage Systems if it has received written notification of claimed copyright infringement or otherwise has a reasonable belief that such Archived Data (a) constitutes an infringement, misappropriation or violation of any third party right (including, without limitation, any right of privacy, copyright, trademark, trade secret or other intellectual property right), (b) could damage, harm or tarnish Asurion Mobile or its reputation or (c) could make Asurion Mobile liable in any manner to any third party (including, without limitation, any governmental entity). You acknowledge and agree that Asurion Mobile may access, preserve and disclose Your Account information and the Archived Data if it is required to do so by law or if Asurion Mobile believes in good faith that such access, preservation or disclosure is reasonably necessary to: (i) comply with the orders or instruction of any court or tribunal; (ii) enforce the terms and conditions of this Agreement; (iii) respond to claims that any Archived Data violates the rights of any third party; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of Asurion Mobile, its customers, distributors, licensees or end users, or the public. Notwithstanding the foregoing, to the maximum extent permitted by applicable law, Asurion Mobile hereby disclaims any duty or obligation, stated or implied, to monitor or review your Archived Data.

You acknowledge that Asurion Mobile may establish general practices and limits concerning the use of the TEP Application, including, without limitation, the type and form of data and information that may be archived, the maximum size of available server space for Your Archived Data, the maximum number of days that Archived Data may be stored, and the maximum number of times and the maximum duration for which You may access the Archived Data in a given period of time. Asurion Mobile reserves the right to modify these and other general practices in its sole discretion and without notice to You. You agree that Asurion Mobile has no responsibility or liability for any removal, loss or destruction of, or failure to store or provide access to, any Archived Data or any other content transmitted through the use of the TEP Application.

13. Data Removal

Asurion Mobile may automatically delete all of Your Archived Data from Asurion Mobile Storage Systems if You do not use the TEP Application to back up Your Data for a period of sixty (60) consecutive days. All Archived Data deleted from the Asurion Mobile Storage Systems will be unrecoverable. To ensure that Your Archived Data continues to be stored on the Asurion Mobile Storage Systems, You should set Your device to automatically backup Your Data and/or manually backup Your Data at least once every thirty (30) days, as described in Your Data Backup user manual.

14. DISCLAIMER OF WARRANTIES

a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE TEP APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS YOURS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEP APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASURION MOBILE AND ITS PARTNERS (INCLUDING YOUR WIRELESS CARRIER), LICENSORS AND SUPPLIERS (COLLECTIVELY, THE "ASURION PARTIES") MAKE NO AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASURION PARTIES MAKE NO WARRANTY (I) AGAINST INTERFERENCE OF YOUR ENJOYMENT OF TEP APPLICATION, (II) THAT THE TEP APPLICATION WILL MEET YOUR REQUIREMENTS, (III) THAT THE OPERATION OF THE TEP APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR BUG-FREE, (IV) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE TEP APPLICATION, (V) THAT ANY ERRORS IN TEP APPLICATION WILL BE CORRECTED OR (VI) THAT THE TEP APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, HARDWARE, SERVICES OR APPLICATIONS.

c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TEP APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR ANY OTHER LOSS OR DAMAGES OF ANY KIND THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d) YOU ACKNOWLEDGE AND AGREE THAT THE TEP APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, WEAPON SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES, SITUATIONS OR ENVIRONMENTS WHERE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY TEP APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM SUCH USE.

e) NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION MOBILE OR ANY OTHER PARTY OR THROUGH THE TEP APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASURION PARTIES EXPRESSLY DISCLAIM ALL LIABILITY, AND IN NO EVENT SHALL THE ASURION PARTIES BE LIABLE, FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TEP APPLICATION, ANY SOFTWARE OR SERVICES USED IN CONJUNCTION WITH THE TEP APPLICATION OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ASURION MOBILE, ITS AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ASURION MOBILE, ITS AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE TEP APPLICATION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

16. INDEMNIFICATION

As a condition of Your use of the TEP Application and with respect to third-party claims, You agree to indemnify, defend, and hold harmless the Asurion Parties and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns (collectively, the " Indemnified Parties") from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from the following: (i) Your access to or use of the TEP Application or related software or third party content and services; (ii) any breach by You of Your obligations established herein; (iii) Any violation by You of the rights of a third party, including any privacy, employee, or consumer protection right that is implicated herein and by the TEP Application or the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person of entity; (iv) any violation of law; or (v) Your negligence or willful misconduct. All indemnification obligations hereunder shall continue in effect even after, and notwithstanding, any subsequent revocation of consent or the expiration or termination of Your customer relationship with Asurion Mobile or Your wireless provider. Asurion Mobile reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify any Indemnified Party, and You agree to cooperate with our defense of such claims.

17. DISPUTE RESOLUTION

 

WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.

YOU AND ASURION MOBILE BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT RESULTS FROM THIS AGREEMENT OR FROM THE SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

(2) UNLESS YOU AND ASURION MOBILE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA") RULES WILL APPLY TO ALL ARBITRATIONS. WE AGREE THAT IN LARGE/COMPLEX CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN-PERSON OR BY PHONE.

(3) THIS AGREEMENT DOESN'T ALLOW CLASS ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

(4) WE MAY MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. IF YOU DON'T ACCEPT THE OFFER, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $2500, THEN WE AGREE TO PAY YOU $2500 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $2500, THEN WE WILL PAY YOU THE AMOUNT AWARDED.

(5) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(6) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.

(7) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND ASURION MOBILE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND ASURION MOBILE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT AND A WAIVER OF A TRIAL BY JURY.

18. Notices

By using the TEP Application, You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with the TEP Application (collectively, "Notices") in electronic format. Asurion Mobile may provide such Notices by posting them on Asurion Mobile's website, by sending a free text message to Your wireless device, or by downloading such Notices to Your wireless device. If You withdraw Your consent to receive Notices electronically, You will be deemed to have concurrently discontinued Your use of the TEP Application and You shall no longer be entitled to use the TEP Application.

19. Miscellaneous

This Agreement, including any addendum or amendment to this Agreement, comprises the entire agreement between You and Asurion Mobile relating to the TEP Application and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the TEP Application or any other subject matter covered by this Agreement. To the extent the terms of any other Asurion Mobile agreements between You and Asurion Mobile conflict with the terms of this Agreement, the terms of this Agreement shall control. The failure of Asurion Mobile to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court or other tribunal of competent jurisdiction to be invalid or contrary to law, except to the extent set forth in Section 17 Dispute Resolution above, then such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TEP Application or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or You waive such claim or cause of action. This Agreement is governed by the laws of the State of New York.

20. Copyright Infringement Notification

Asurion Mobile has a policy of removing data or content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Asurion Mobile has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following information (or such other additional information as may be required by Section 512(c)(3) of the Copyright Act):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Asurion Mobile Applications, Inc.
1400 Fashion Island Boulevard, Suite 450

San Mateo, CA 94404

Attention: General Manager

Phone Number: 650-581-2752
Fax: 650-581-2785
Email: DMCAnotification@asurion.com

For clarity, only copyright infringement notifications should be sent to the designated agent specified above. You may not receive a response to any other feedback, comments, requests for technical support, or other communications delivered to the designated agent above.