TOTAL EQUIPMENT PROTECTION APPLICATION TERMS OF SERVICE
PLEASE READ THE TOTAL EQUIPMENT PROTECTION APPLICATION TERMS OF SERVICE ("TOS") CAREFULLY AND COMPLETELY. THE TOS IS A LEGAL CONTRACT BETWEEN YOU AND ASURION THAT GOVERNS YOUR USE OF THE APPLICATION. THE TOS LIMITS THE LIABILITY OF ASURION TO YOU AND REQUIRES YOU TO RESOLVE ANY DISPUTES WITH ASURION THROUGH BINDING AND INDIVIDUAL ARBITRATION RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THE TOS, YOU MAY NOT DOWNLOAD AND/OR USE THE APPLICATION.
PLEASE CONTACT ASURION AT ASURIONMOBILE@MAILMW.CUSTHELP.COM WITH QUESTIONS REGARDING THE APPLICATION OR THE TOS.
1. DEFINITIONS. In the TOS: (a) the words "Asurion" and "Our" and "Us" mean Asurion Mobile Applications, LLC and its parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns; (b) the word “TEP” means the Total Equipment Protection Application and the website and software provided in connection with the TEP; and (c) the words "You" and "Your" mean an individual who downloads or uses the TEP and any person or entity represented by that individual.
2. USE. The TEP is developed and provided by Asurion and not by Sprint. The TEP is intended for Your personal use only. You may download and use the TEP only if You can form a binding contract with Asurion and You are not a person who is barred from downloading or using the TEP by laws of the United States or any other applicable jurisdiction. The TEP is operated from facilities in the United States, and Asurion makes no representation that the TEP is appropriate or available for use in other locations.
3. LICENSE. Subject to the terms and conditions of the TOS, Asurion grants You a personal, revocable, non-transferable, non-exclusive limited right to access and use the TEP website and the TEP on Your mobile device solely as permitted by its functions. Asurion grants You no other rights, beyond what is expressly granted to You in the TOS, and Asurion hereby reserves any and all other rights.
4. FUNCTIONS. The TEP includes several functions, and Your ability to access those functions depends upon Your mobile device and Your agreement with Asurion and/or Your carrier agreement with Sprint. Asurion does not warrant that the TEP will be compatible with or operable on Your mobile device or that any particular TEP function will be available to You. You acknowledge and agree that not all of the TEP functions may be available to You at all times or at any time. Your mobile device must be powered on and within Your Sprint coverage area for the TEP to operate. Asurion reserves the right to change, suspend or discontinue the TEP and/or any of its functions at any time, for any reason and without notice or liability to You.
5. DATA-USAGE CHARGES. You acknowledge and agree that You may incur data usage or other fees or charges if You download and use the TEP. You are solely responsible for the payment of those fees or charges, and any failure to pay them may result in suspension or termination of Your access to the TEP.
6. PASSWORD & ACCOUNT INFORMATION. You must create an account and establish a password to use the TEP. You agree that You will provide Asurion with complete and accurate information when creating Your account and using the TEP. You are solely responsible for any activity that occurs on or in relation to Your account and for keeping Your password confidential, and You are solely liable for any damages resulting from Your failure to do so. Anyone with access to Your account or password can use the TEP on Your mobile device. If You believe that the confidentiality of Your account or password has been compromised, You should change Your password immediately.
7. COMMUNICATIONS. You agree to receive communications related to the TEP in either SMS or electronic form. You cannot opt out of receiving those communications, and You agree that You are solely responsible for any charges or fees associated with those communications.
8. RESTRICTIONS ON USE. You shall not use the TEP in any way that violates any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual property right of any third party or discloses a trade secret or confidential information. You shall not: (a) decompile, reverse engineer, disassemble, derive the source code of or decrypt the TEP; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the TEP; (c) redistribute, rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the TEP to any third party; (d) remove, obscure, or alter any proprietary notices (including any notice of copyright or trademark) of the TEP; or (e) install or use the TEP on more than one mobile device at a time.
9. MISUSE. You shall not misuse the TEP, including, without limitation, using the TEP in any manner that: (a) interferes with or interrupts the TEP or any hardware, software, system or network connected with the TEP; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses the Asurion functions on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the TEP or any other computer software or hardware.
11. FAQs AND SPECIFIC FUNCTIONS. The FAQs are available here and provide general information regarding the TEP functions. Please read the FAQs carefully and completely before You use the TEP. In addition to the information in the FAQs, You acknowledge and agree that:
B. DATA. If available, certain TEP functions may allow You to store or backup data, such as Your contacts, photos and videos. Asurion assumes no duties related to Your data, including any duty to preserve or monitor it. Asurion reserves the right to restrict or limit Your ability to store or backup Your data and to delete Your data at any time, for any reason and without notice or liability to You.
12. DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE TEP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE TEP IS AT YOUR SOLE RISK AND DISCRETION. ASURION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE TEP, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, ASURION MAKES NO WARRANTY THAT (A) THE TEP WILL MEET YOUR REQUIREMENTS; (B) THE TEP 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 TEP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE TEP WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION OR THE TEP SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ASURION HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE TEP. YOU ACKNOWLEDGE AND AGREE THAT ASURION MIGHT NOT BE ABLE TO OFFER THE TEP AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE TEP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ASURION AND ASURION WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. ASURION WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE TEP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
13. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL ASURION 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 TEP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ASURION WAS 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 TEP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASURION'S 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 FOR THE TEP, IF ANY, DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $50.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. ARBITRATION AGREEMENT. Most of Your concerns about the TEP can be addressed by contacting Asurion at email@example.com. For any dispute with Asurion, You agree to first contact us and attempt to resolve the dispute with us informally.
A. In the event Asurion cannot resolve a dispute with You after 60 days, YOU AND ASURION AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND ASURION AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND ASURION AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement ("ARB AGREE") shall survive the termination of the TOS and is governed by the Federal Arbitration Act. This ARB AGREE shall be interpreted broadly, and it includes any dispute You have with Asurion that arises out of or relates in any way to Your relationship with Asurion or the TEP, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this ARB AGREE does not preclude You from bringing an individual action against Asurion 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 Asurion does not resolve the dispute within 60 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 www.adr.org or 1-800-778-7879. Asurion will reimburse You for a filing fee paid to the AAA, and if You are unable to pay a filing fee, Asurion 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 ARB AGREE. The arbitrator is bound by the terms of this ARB AGREE and shall decide all issues, with the exception that issues relating to the enforceability of this ARB AGREE 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. Asurion 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 Asurion or if Asurion made no settlement offer, and the arbitrator awards You any damages, Asurion will: (1) pay You the amount of the award or $2,500, whichever is greater; and (2) pay Your attorney, if any, the attorney's fees and expenses reasonably incurred in the arbitration. While the right to the attorney's fees and expenses discussed above 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 and expenses. Asurion hereby waives any right it may have under applicable law to recover attorney's fees and expenses from You if it prevails in the arbitration.
E. If You seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You relief. YOU AND ASURION AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and Asurion 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 ARB AGREE is found to be unenforceable, then the entirety of this ARB AGREE is null and void.
15. CLAIM LIMITATION. Unless otherwise allowed by applicable law, any claim related to the TEP 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.
17. INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the TEP are the exclusive property of Asurion, and all such rights not expressly granted to You in the TOS are hereby reserved and retained by Asurion. If You submit comments or ideas about the TEP, including ways to improve the TEP or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Asurion under any fiduciary or other obligation, and Asurion is free to use the Idea without compensation to You and/or to disclose the Idea to anyone on a non-confidential basis. You further acknowledge that Asurion does not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Asurion, or developed by its employees or obtained from sources other than You.
18. OPEN SOURCE AND THIRD-PARTY SOFTWARE. The TEP may include open source or third-party software, and Your use of the TEP is subject to any licenses or agreements governing that software.
19. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Asurion from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the TEP; (b) Your alleged or actual breach of the TOS; (c) Your alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or willful misconduct; or (e) Your alleged or action violation of the intellectual property or other rights of third parties. Asurion reserves the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
20. ASSIGNMENT. The TOS and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Asurion, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
21. SEVERABILITY. If any term of the TOS is found to be invalid or unenforceable, that term 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 term should be severed from the TOS.
22. WAIVER. Any failure to enforce a right or term of the TOS shall not be deemed a waiver of that right or term.
23. COMPLIANCE WITH U.S. EXPORT LAWS. By downloading the TEP, You acknowledge that the TEP is subject to U.S. Export law, and that You will comply with all domestic and international export laws and regulations that apply to the TEP.
24. ENTIRE AGREEMENT. This TOS and the documents incorporated by reference constitute the entire agreement between You and Asurion with respect to the TEP and supersede any prior or contemporaneous agreements.
25. GOVERNING LAW. The TOS and Your relationship with Asurion 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.
ADDENDUM FOR DOWNLOADS FROM THE APPLE APP STORE
The following additional terms and conditions apply to You if You downloaded the TEP from the Apple App Store ("iTunes-Sourced Software"). You acknowledge and agree that the TOS is between You and Asurion only, and not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or its content. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price of the iTunes-Sourced Software to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the TOS and any law applicable to Asurion. You acknowledge that Apple is not responsible for addressing any claims relating to the iTunes-Sourced Software or Your possession or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) claims that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the TOS and any law applicable to Asurion. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or Your possession or use of that iTunes-Sourced Software infringes intellectual property rights, Asurion, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by the TOS. You and Asurion acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the TOS as relates to Your license of the iTunes-Sourced Software and that upon Your acceptance of the TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce the TOS as relates to Your license of the iTunes-Sourced Software against You as a third-party beneficiary thereof.
TOS FOR TEP APPLICATION 5.26.2015