AT&T Mobile Protection Pack Terms and Conditions

Welcome to AT&T Mobile Protection Pack

Important Information, including Terms and Conditions

AT&T Mobile Protection Pack program details

Monthly Premium/ Charges $11.99 per mobile number enrolled. AT&T Mobile Insurance is included in AT&T Mobile Protection Pack and can be purchased separately. Includes fees paid to AT&T and Asurion.
Claim Limits Two claims within any consecutive 12 months with a maximum device value of $1,500 per occurrence.
If you were previously enrolled in AT&T Multi-Device Insurance, claims from such AT&T Multi-Device Insurance policies that are less than 12 months old will be carried forward and applied to the claim limits of a newly issued AT&T Mobile Insurance policy.
Replacement Device Once your claim is approved, you will receive your replacement device as soon as the next day.* Claims may be fulfilled with new or AT&T Certified Restored equipment, which is previously opened, and/or used (which may be refurbished or remanufactured, and may contain original or non-original replacement parts) of the same model or other models of like kind and quality. See www.att.com/certifiedrestored for details on these devices. Colors, features and accessory compatibility are not guaranteed.
Screen Repair of Device As soon as same-day repair may be available for eligible devices in select areas. Same day repair option depends upon claim approval time and technician availability. Repairs are performed by an Asurion-certified technician and come with a 12-month warranty. Repairs may use new or refurbished parts and may contain original or non-original manufacturer parts, and may void the manufacturer warranty. Newly-launched device models may not be eligible for screen repair. For a partial list of eligible devices, see the Partial List of Screen Repair Eligible Devices in this brochure. Go to www.att.com/protectioncenter to look up eligible devices and available areas, all subject to change at any time. Declining deductibles are not applicable to screen repair and selecting screen repair option will not impact customer's declining deductible eligibility.
Covered Incidents Lost, stolen, accidental physical or liquid damage, and out-of-warranty malfunctions.
Cancellation Policy You may cancel your optional insurance coverage at any time and receive a refund of your unearned monthly premium/charges. We may cancel or change terms by giving you prior written notice as required by law. Any unearned premium/ charges will be refunded to you.
Covered Equipment Phone— Includes wireless phone, standard battery, standard battery charger and SIM card. If part of the covered loss, you will receive your choice of one of the following accessories: carrying case, automobile cigarette lighter adapter or standard wired earpiece (not specialty earpiece such as Bluetooth®).
Wireless Home Phone— Includes wireless home phone device, power cord, back-up battery, phone cable, and SIM card.
Tablet— Includes wireless tablet device, and if part of loss, standard battery charger, and SIM card. For coverage to apply to a particular device, you must own or lease the device and have used (logged voice or data use) that device on your enrolled wireless line after initial enrollment. Coverage applies to only one device at any given time and the covered device will be your most recently used device on your wireless line at the time of the loss.
For current and updated program terms, see www.att.com/miterms.
Bring Your Own Device When you activate your own device on the AT&T network, it may be eligible for enrollment in device protection within 30 days. If the device make/model is currently or was previously sold by AT&T, the applicable replacement and screen repair Deductible Tier (based on the Deductible Tier Schedule) for that specific make/ model applies for all approved claims. For a non-AT&T device make/model, Device Tier C applies. Replacement options will vary depending on Deductible Tier. Device must be in good working condition and is subject to inspection prior to enrollment.
Dispute Resolution In the unlikely event we cannot informally resolve any disputes, including any claims under the AT&T Mobile Insurance program, you will be required to:
1) RESOLVE ANY DISPUTES THROUGH BINDING AND INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT ACTIONS INSTEAD OF THROUGH THE COURTS OF GENERAL JURISDICTION; AND 2) WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.
A non-refundable deductible will be charged for each approved claim. Deductible amounts are based on device tiers.
Replacement Deductibles
  Standard Deductible Declining Deductibles1
6 months2 12 months2
Tier A $25 $18 $12
Tier B $75 $56 $37
Tier C $150 $112 $75
Tier D $225 $168 $112
Tier E $299 $224 $149
To see a full list of devices and their applicable deductibles, please visit www.phoneclaim.com/att/mimppdeductibletiers.
Screen Repair Deductible
Equipment Standard Deductible
Tier A N/A
Tier B N/A
Tier C $49
Tier D $49
Tier E $49

1 A non-refundable deductible will be charged for each approved claim. Continuously enrolled customers who go claim-free for 6-12 consecutive months save 25% off the standard deductible and after 12 consecutive claim-free months or more save 50% off the standard deductible. Declining deductibles are not applicable to the repair of connected devices and the repair of a connected device will not impact a customer's declining deductible eligibility.

2 From the Date of Loss of your last approved claim.

* Claims approved by 6PM ET are shipped same day and, in most cases, delivered the next day. Deliveries to Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands cannot be shipped for next day delivery.

 

Partial List of Covered Devices
Updated as of April 2018
Device Tier A
Deductible: $25
LG K20™
Samsung Galaxy® J3
Device Tier B
Deductible: $75
AT&T Primetime™
Samsung Galaxy J7
Device Tier C
Deductible: $150
Apple iPhone 5/5C/5S/SE
Apple Watch Series 3 GPS + Cellular, Aluminum Case, All Bands
LG Watch Sport
Samsung Gear S3 Classic
Bring Your Own Device (a non-AT&T make/model)3
Device Tier D
Deductible: $225
Apple® iPhone® 6/6 Plus/6S/6S Plus/7/8
Apple® iPhone® 7 Plus 32GB & 128GB
Apple® iPhone® 8 Plus 64GB
Apple® Watch Series 3 GPS + Cellular, Stainless Steel Case, Sport Bands
Samsung Galaxy S6/S7/S8/S8+/S8 Active
Samsung Galaxy Note 8
Device Tier E
Deductible: $299
Apple® iPhone® 7 Plus 256GB
Apple® iPhone® 8 Plus 256GB
Apple® iPhone® X
Apple® Watch Series 3 GPS + Cellular, Ceramic Case, All Bands
Apple® Watch Series 3 GPS + Cellular, Stainless Steel Case, Hermes Bands

3 Deductible Tier for Bring Your Own Device: If the device make/model is currently or was previously sold by AT&T, the applicable replacement and screen repair Deductible Tier (based on the Deductible Tier Schedule) for that specific make/model applies for all approved claims. For a non-AT&T device make/model, Device Tier C applies. Replacement options will vary depending on Deductible Tier.

To see a full list of devices and their applicable deductibles, please visit www.phoneclaim.com/att/mimppdeductibletiers or call Asurion at 888-562-8662. Some devices may be moved to a different deductible tier during their lifecycle.


Partial List of Screen Repair Eligible Devices Table
Below is a partial list of screen repair eligible devices.
For a complete list and available areas, go to www.att.com/deviceprotection.
Eligible devices and available areas are subject to change at any time.
$49 Screen Repair Deductible Apple® iPhone® 7/7 Plus
Apple® iPhone® SE
Apple® iPhone® 6S/6S Plus
Apple® iPhone® 6/6 Plus
Samsung Galaxy S®7 Edge+
Samsung Galaxy Edge S®6/S®7
Samsung Galaxy S®5/S®6/S®7/S®8


Important Disclosures for AT&T Mobile Insurance

 

Coverage Is Optional

AT&T Mobile Insurance is an optional insurance coverage that you are not required to purchase in order to purchase services or devices. Program enrollment and replacement authorization shall be at the sole discretion of Continental Casualty Company, a CNA member company; Asurion, the plan administrator; or any other authorized representative of CNA in accordance with the terms of the Coverage Certificate and applicable law.

 

Customer Satisfaction

Asurion and CNA strive to satisfy every customer and ask that you allow us the opportunity to resolve any question, concern or complaint you may have by calling us at 888.562.8662.

 

For Residents of California, Indiana and Maryland

Consumer hotline for the California Department of Insurance is 800.927.HELP (4357), for the State of Indiana Department of Insurance is 800.622.4461, and for the Maryland Insurance Administration is 800.492.6116.

 

Communications

If you have provided or in the future provide your email or other electronic address to AT&T, we may communicate AT&T Mobile Protection Pack program information and legal notices to you through electronic means. If an email is not provided, the information will be mailed to you.

 

Easy Claim Process

To file a claim quickly and easily, visit https://www.phoneclaim.com/att or call 888.562.8662.

  • Representatives are available to help you Monday through Friday from 6a.m. to 8p.m. ET; Saturday and Sunday from

7a.m. to 7p.m. ET.

  • Report the claim within 60 days of the date of loss.
  • If your device was lost or stolen, please contact AT&T Customer Care at 866.MOBILITY to temporarily suspend service and prevent unauthorized use.
  • If your device is defective or has been damaged, and you are being provided a replacement device, it must be returned using the prepaid shipping label provided with your replacement device. Non-return charges of up to $850 may be added to your wireless bill for failure to return your defective or damaged device.
  • Once your claim is approved, you can receive your replacement device as soon as the next day. Deliveries to Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands cannot be shipped for next day delivery.
 

Other Coverage

The included Coverage Certificate may provide a Duplication Of Coverage already provided by a consumer’s personal auto insurance policy, homeowner’s insurance policy, renter’s insurance policy, personal liability insurance policy or other source of coverage. This insurance is primary over any other insurance you may have. Unless otherwise licensed, AT&T associates are not qualified or authorized to evaluate the adequacy of your existing insurance coverage. Questions regarding this plan should be directed to CNA’s licensed agent, Asurion Protection Services, LLC.

 

The included Coverage Certificate is the entire agreement between CNA and you. Please refer to the Coverage Certificate for complete terms and conditions of the coverage provided (including the exceptions set forth in Section X. STATE CHANGES). For questions regarding the coverage provided under this Coverage Certificate, please call or write to:

Asurion Protection Services, LLC Iowa License #1001002300

Asurion Protection Services Insurance Agency, LLC CA License #OD63161

Customer Care Center

P.O. Box 411605 • Kansas City, MO 64141-1605

Telephone:  888.562.8662

 

In the unlikely event we cannot informally resolve any disputes, including any claims under the attached Mobile Insurance Certificate, please be aware that THE FOLLOWING TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES THE SUBMISSION OF ALL DISPUTES (EXCEPT WHERE EXPRESS EXEMPTIONS ARE PROVIDED) TO FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION VIII. G. OF THE INCLUDED TERMS AND CONDITIONS.

 

NOTE: Any person who, knowingly and with intent to injure, defraud or deceive any insurer, files a statement of claim or an application containing any false, incomplete or misleading information is guilty of insurance fraud. In Florida, such conduct is a felony of the third degree. In Oregon this note does not apply.

 

All applicable taxes and surcharges extra. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property and/or

AT&T affiliated companies. All other trademarks, service marks and logos are the property of their respective owners.

© 2018 AT&T Intellectual Property. All rights reserved.

TEXAS IMPORTANT NOTICE

To obtain information or make a complaint:

You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439.

You may write the Texas Department of Insurance: P.O. Box 149104

Austin, TX 78714-9104

Fax: (512) 490-1007

Web: www.tdi.texas.gov

E-mail: ConsumerProtection@tdi.texas.gov

PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact

the agent or company first. If the dispute is not resolved, you may contact the Texas Department of Insurance.

ATTTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document.

 


Commercial Inland Marine Communications Equipment Coverage Certificate

Some provisions in this Coverage Certificate ("Certificate") restrict coverage. Read this entire Certificate carefully. It sets forth each party's rights and duties and what is and is not covered.

In this Certificate, the words "you" and "your" refer to the "Insured Subscribers." The words "we", "us" and "our" refer to Continental Casualty Company, a CNA Company ("CNA"), the Illinois stock insurance company providing this insurance.

In this Certificate, the words "Authorized Representative" and "Asurion" refers to Asurion Protection Services, LLC except as follows: In California, Asurion Protection Services, LLC does business as Asurion Protection Services Insurance Agency, LLC (CA license #: OD63161). In Puerto Rico, "Asurion" refers to Asurion Protection Services of Puerto Rico, Inc.

Other capitalized words and phrases have special meaning. Refer to Section IX. DEFINITIONS.

A copy of the policy under which this Certificate is issued is available for your inspection.

I. COVERAGE.

Subject to all of the terms, conditions, exclusions, and limits of insurance contained in this Certificate, we agree to provide the insurance as stated in this Certificate on a month to month basis, provided that any Loss (as defined in Section IX. DEFINITIONS) to the Covered Property occurs while your coverage is in effect.

Information About Your Coverage

With regard to all enrollment requests, the coverage specified in this Certificate begins at 12:01 a.m. of the date of such request. The information pertaining to your communication equipment coverage included in your receipt, invoice, or other documentation from your Service Provider is incorporated by reference in this Certificate and specifically includes the name and address of the Insured Subscriber and information to determine the effective date of coverage (See Section I.E).

A. WHAT WE INSURE.

We insure your Covered Property (as defined in Section IX. DEFINITIONS), for Loss as long as it remains eligible for coverage. In the event of a Loss, our obligation under this Certificate is to repair or replace, at our sole option, your Covered Property. This insurance is primary over any other insurance you may have.

B. COVERAGE PLAN

We cover your Covered Property for the following cause(s) of loss.

  1. Physical damage.
  2. Theft, or loss by mysterious disappearance or other unintentional permanent loss of possession.
  3. Mechanical or Electrical Failure.

C. PROPERTY NOT COVERED.

The following are not covered:

  1. Any property or equipment that is not Covered Property.
  2. Contraband or property in the course of illegal transportation or trade.
  3. Property in transit to you from a manufacturer or seller that is not the Authorized Service Facility.
  4. Data, Nonstandard External Media, and Nonstandard Software.
  5. Covered Accessories will only be covered when they are part of a Loss to Covered Property other than Covered Accessories.
  6. Any wireless device whose unique identification number (IMEI or ESN, etc.) has been altered, defaced or removed.

D. PAYMENT OF PREMIUMS.

You will be charged the monthly premium corresponding to the equipment category of your Covered Property associated with your enrolled Wireless Number as shown in the schedule below.

Equipment Category Monthly Premium Per Enrolled Wireless Number
All eligible equipment categories $8.99

E. WHEN COVERAGE IS EFFECTIVE.

All coverage is effective at 12:01 A.M. on the effective date of coverage as stated herein.

1. If you submit your request for enrollment for insurance coverage at Initial Activation: Your coverage under this Certificate begins upon our approval. Upon our approval, coverage is retroactive to the date of the submission of your request for enrollment. We or our Authorized Representative will notify you within thirty (30) days if your request is not approved.

2. If you submit your request for enrollment for insurance coverage after Initial Activation: Your coverage under this Certificate requires the successful completion of a test call to the "Covered Property" prior to becoming effective. Coverage begins upon our approval. Upon our approval, coverage is retroactive to the date of the test call. We or our Authorized Representative will notify you within thirty (30) days if your request is not approved.

Eligibility for enrollment after Initial Activation may be subject to limitation.

II. EXCLUSIONS.

Losses and causes of loss excluded below are excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. We will not pay for any losses, or for any losses directly or indirectly caused by or resulting from any of the events, conditions or causes of loss identified below:

  1. Indirect or consequential Loss, including loss of use; interruption of business, loss of market, loss of service, loss of profit, inconvenience or delay in repairing or replacing lost or damaged Covered Property.
  2. Loss due to the intentional parting with Covered Property by you or anyone entrusted with the Covered Property.
  3. Loss due to intentional, dishonest, fraudulent or criminal acts by you or your family members; any of your authorized representatives or anyone you entrust with the property and any of their family members; or anyone else with an interest in the property for any purpose, acting alone or in collusion with others.
  4. Loss due to obsolescence, including technological obsolescence or depreciation in the value of the Covered Property.
  5. Loss caused by or resulting from any cosmetic damage to Covered Property, however caused that does not affect the function of the Covered Property. Such excluded types of loss include, but are not limited to, scratches, marring, cracks, and changes or enhancement in color, texture, or finish that occur to Covered Property that do not affect the function of the Covered Property.
  6. Loss caused by or resulting from faulty repair, adjusting, installation, servicing or maintenance, unless fire or explosion ensues and then only for loss to the Covered Property resulting from ensuing fire or explosion.
  7. Loss caused by or resulting from unauthorized repair or replacement.
  8. Loss caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of Pollutants.
  9. Loss caused by abuse of the Covered Property or resulting from use of the Covered Property in a manner for which it was not designed or intended by the manufacturer, or any act that voids the manufacturer's warranty.
  10. Loss caused by or resulting from failure to follow the manufacturer's installation, operation or maintenance instructions.
  11. Loss caused by or resulting from error or omission in design, programming, or system configuration of the Covered Property, or manufacturer's recall.
  12. Loss due to Mechanical or Electrical Failure occurring during the term of the manufacturer's warranty.
  13. Loss or damage to or of batteries (unless otherwise covered as a Covered Accessory when part of a Loss to other Covered Property).
  14. Loss caused by or resulting from any Malware.
  15. Loss caused by or resulting from nuclear reaction or radiation, or radioactive contamination, however caused. However, if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the resulting Loss caused by such fire.
  16. Loss caused by or resulting from war, including undeclared or civil war; warlike action by a military force, including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellions, revolution, usurped power of action taken by government authority in hindering or defending against any of these.
  17. Loss caused by or resulting from Governmental action, meaning seizure or destruction of property by order of governmental authority including economic and trade sanction as provided under applicable law and U.S. Treasury Department guidelines.
  18. Loss or damage to or of Data, Nonstandard External Media, and Nonstandard Software.
  19. Loss caused by or resulting from failure to do what is reasonably necessary to minimize the loss and to protect the Covered Property from any further loss.

III. LIMITS OF LIABILITY.

A. PER OCCURRENCE LIMITS.

The most we will spend, in any one occurrence, to replace or repair Covered Property due to a Loss is $1,500. For any one Loss, we will not pay for replacement equipment having retail value of, or for repair costs that are, more than the limit, less the applicable deductible set forth in Section IV.

B. AGGREGATE LIMITS.

A maximum of two (2) replacements or repairs of Covered Property will be allowed per Wireless Number in any one twelve (12) month period, including Losses incurred under this Certificate or any prior consecutive certificate issued by us.

In any case, the twelve month period is calculated based on the Date of Replacement for each covered Loss.

IV. DEDUCTIBLE.

REPAIR DEDUCTIBLE

A non-refundable deductible, as set forth in the schedule below, is payable at the time a repair is approved by us for each repair based on the equipment category of the equipment being repaired.

The applicable deductibles are set forth in the deductible schedule below.

Equipment Standard Repair Deductible
Tier A N/A
Tier B N/A
Tier C $49.00
Tier D $49.00
Tier E $49.00

 

REPLACEMENT DEDUCTIBLE

A non-refundable deductible, as set forth in the schedule below, is payable at the time a replacement is approved by us for each replacement based on the equipment category of the equipment being replaced.

Provided, however:

  1. If you have continuously maintained coverage for at least 6 months but no more than 12 months prior to the current Loss without incurring another covered Loss during that time period, the Declining Deductible applies as set out in the deductible schedule.
  2. If you have continuously maintained coverage for at least 12 months prior to the current Loss without incurring another covered Loss within 12 months prior to the current Loss, the Declining Deductible applies as set forth in the deductible schedule.

If you cease to maintain coverage or have a covered Loss at any time for which we provide a replacement, the Standard Deductible is reinstated. Thereafter, the deductible may again be reduced if the conditions set forth above are satisfied.

The applicable deductibles are set forth in the deductible schedule below.

 

Deductible Schedule
  Equipment
Tier A
Equipment
Tier B
Equipment
Tier C
Equipment
Tier D
Equipment
Tier E
Standard Replacement Deductible $25.00 $75.00 $150.00 $225.00 $299.00
Declining Deductible
6 months - 12 months
$18.00 $56.00 $112.00 $168.00 $224.00
Declining Deductible
12 months or more
$12.00 $37.00 $75.00 $112.00 $149.00


NOTE: An additional non-returned equipment charge may apply (See Section VI.F) for causes other than loss or theft if you fail to return the Covered Property as directed at the time of Loss.

V. CONDITIONS IN THE EVENT OF LOSS.

Subject to the terms and conditions set forth in this Certificate, we will make good any Loss covered under this Certificate.

  1. In the event of a Loss, we will arrange for the replacement, or at our sole option, the repair, of the Covered Property through the Authorized Service Facility.
  2. An Insured Subscriber will not be entitled to receive cash, though we may elect to provide a cash settlement of the cost to replace the Covered Property, in lieu of actual replacement or repair of the Covered Property.
  3. At our option, we may repair the Covered Property with substitute parts or provide substitute equipment that:
    1. Is of like kind and quality;
    2. Is either new or refurbished, and may contain original or non-original manufacturer parts; and
    3. May be a different brand, model or color.
  4. Replacement equipment will be approved equipment for use on the network of the Service Provider and in the same equipment category as the Covered Property at the time of Loss.
  5. Equipment failure evaluation performed by the Service Provider and/or our Authorized Representative and/or the manufacturer may be required at our option prior to approval of your request for repair or replacement of the Covered Property.

VI. DUTIES IN THE EVENT OF A LOSS.

  1. In the event that your Covered Property is lost or stolen, you must notify your wireless service provider as soon as possible to suspend service.
  2. If a claim involves a violation of law or any loss of possession, you agree to promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification.
  3. You must report the Loss promptly to our Authorized Representative not later than sixty (60) days from the Date of Loss. If you do not report the Loss within sixty (60) days, you will have forfeited your claim. You must submit all claims through our Authorized Representative for our approval prior to repair or the delivery of replacement equipment. Any claims that are not submitted through our Authorized Representative for our approval will not be honored and fulfilled.
  4. You will do what is reasonably necessary to minimize the Loss and to protect the Covered Property from any further Loss.
  5. You may be required to provide us with a detailed written proof of Loss statement, a police report case number, and/or a copy of the police report within sixty (60) days of the date the Loss is reported and prior to repair or receipt of replacement equipment. In the event of a Loss, you may be required to provide a copy of the original bill of sale. You may also be required to present, or provide a photocopy of, a government issued photo I.D.
  6. If the cause of Loss is not loss or theft, you must keep the Covered Property until your claim is completed. If we replace the Covered Property, we may require you to return it to us at our expense. If we so direct, you must return the Covered Property to us in the return mailer we provide within ten (10) days or pay the non-returned equipment charge applicable to the model of Covered Property that suffered the Loss. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED.
  7. In the event of a Loss, you must permit us to inspect the property and records proving the Loss. You must cooperate in the investigation of such claim. If requested, you must permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed and may be recorded.
  8. You must provide our Authorized Representative with all of the necessary information required to approve your claim for replacement or repair of the Covered Property within sixty (60) days of the date that you report your Loss to us. Your failure to take delivery of repaired or replacement equipment within sixty (60) days of our claim approval will result in forfeiture of the repaired or replacement equipment and your claim under this Certificate.
  9. In the event of a Loss, you must satisfy the nonrefundable deductible applicable to the Loss.
  10. In the event we arrange for the repair of your Covered Property, you may be required to mail or deliver your Covered Property for repair as directed by us.

VIII. ELIGIBILITY AND CANCELLATION.

  1. Cancellation Provisions.
    1. You may cancel coverage under this Certificate by mailing or delivering to us advance written notice stating when such cancellation is effective. You may send your written notice to our Authorized Representative as follows: Asurion Customer Care Center, P.O. Box 411605, Kansas City, MO 64141-1605.
    2. The Service Provider may cancel coverage under this Certificate by mailing or delivering to us advance written notice stating when such cancellation is effective. We, or the Service Provider on our behalf, will mail or deliver written notice to you advising you of the cancellation of this Certificate. The written notice may be mailed or delivered to you at least thirty (30) days prior to the cancellation, or other longer period as required by law.
    3. We may cancel this Certificate or change the terms and conditions only upon providing you with at least thirty (30) days notice, or other longer period as required by law, unless we cancel for the following reasons:
      1. We may cancel your coverage under this Certificate upon fifteen (15) days notice, or other longer period as required by law, for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim thereunder.
      2. We may cancel your coverage under this Certificate immediately, or by providing additional notification time as required by law, for nonpayment of premium.
      3. We may cancel your coverage under this Certificate immediately, or by providing additional notification time as required by law, if:
        1. You cease to have active service with the Service Provider; or,
        2. You exhaust the aggregate limit of liability, if any, under the terms of this Certificate and we send notice of cancellation to you within thirty (30) calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until we send notice of cancellation to you.

      NOTE: If you are cancelled under Section VII.A.3.(c)(2) you will remain ineligible for a period of twelve (12) months from the date of cancellation.

  2. How Notice of Cancellation is Provided.
    1. Notices made pursuant to Sections A. 2 or 3 shall be in writing and include the actual reason for cancellation and the effective date of cancellation. The coverage will end on that date.
    2. Notices may be mailed or delivered to the Service Provider at its last known mailing address. Notices may be mailed or delivered to you at your last known mailing or electronic addresses on file with us.
    3. We or the Service Provider shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. We or the Service Provider may comply with Sections A.2 or 3 by providing such notice or correspondence by electronic means. If accomplished through electronic means, we or the Service Provider shall maintain proof that the notice or correspondence was sent.
    4. If coverage under this Certificate is cancelled, you will be refunded any unearned premium due on a pro rata basis.
  3. To be and remain eligible for coverage:
    1. You must have activated communications service directly with your Service Provider and be a valid, active and current subscriber of your Service Provider to be covered under the policy. Covered Property must be actively registered on the Service Provider's network on the Date of Loss and have logged airtime prior to the Date of Loss.
    2. The Covered Property must be designated by us and eligible for coverage under this Certificate. Eligibility may be limited to new equipment that has not been previously activated for service.
    3. You must not have engaged in fraud or abuse with respect to this or a similar communications equipment insurance program.
    4. You must not have exhausted the benefits available under a CNA coverage certificate issued through your Service Provider by exhausting the Aggregate Limit. (See Section III.B).
    5. You must not be in breach of any material term of this Certificate, including, but not limited to: Failure to return damaged Covered Property when requested in conjunction with a Loss; or, failure to satisfy the required deductible on a Loss.
  4. You are responsible for the payment of all premiums, per the terms of this Certificate.
  5. The insurance provided under this Certificate is provided on a month-to-month term basis unless: you cease to be a valid, active and current subscriber of your Service Provider; or you or your Covered Property cease to be eligible for coverage.

VIII. ADDITIONAL CONDITIONS.

  1. All claims for Loss under this Certificate will be made good within thirty (30) days after presentation and acceptance of satisfactory proof of interest and Loss to our Authorized Representative and satisfaction by you of your Duties in the Event of a Loss.
  2. If we and you disagree on the value of the Covered Property or the amount or satisfaction of Loss, either may elect arbitration pursuant to Section VIII.G. below.
  3. Any recovery or salvage on a Loss will accrue entirely to our benefit until the expense incurred by us has been made up. Upon our request, you will return to us any damaged equipment. All Covered Property which we replace is the property of CNA and may be disabled, destroyed, or reused. We will not provide replacement equipment if you are in breach of the terms of this Certificate due to: failure to return damaged Covered Property when requested in conjunction with a prior Loss; or, due to your failure to satisfy the non-returned equipment charge or deductible on a prior Loss.
  4. You may not assign this Certificate without our written consent.
  5. If any Insured Subscriber to or for whom we honor a claim under this Certificate has rights to recover damages from another, those rights are transferred to us. That Insured Subscriber must do everything necessary to secure our rights and must do nothing after a Loss to impair them; but you may waive your rights against another party in writing:
    1. Prior to a Loss.
    2. After a Loss, only if, at time of Loss, that party is one of the following:
      1. Someone covered under this Certificate;
      2. A business firm;
        1. Owned or controlled by the Insured Subscriber; or
        2. That owns or controls the Insured Subscriber; or
        3. The Insured Subscriber's tenant.

      This will not restrict the Insured Subscriber's coverage.

  6. Concealment, Misrepresentation or Fraud

    Your coverage will be cancelled and any claim may be denied in the event of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning:

    This coverage;

    1. The Covered Property;
    2. Your interest in the Covered Property; or
    3. A claim under this Certificate.
  7. ARBITRATION AGREEMENT. Please read this Arbitration Agreement provision of this Certificate (Arbitration Agreement) carefully. It affects your rights. Most of your concerns about this Certificate can be addressed simply by contacting our Authorized Representative at 1-888-562-8662. In the unlikely event we cannot resolve any disputes, including any claims under this Certificate, that you or we may have, YOU AND WE AGREE TO RESOLVE THOSE 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: (1) TO WAIVE OUR RIGHTS TO A TRIAL BY JURY, AND (2) NOT TO PARTICIPATE IN ANY CLASS ARBITRATIONS AND CLASS ACTIONS. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It has more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award.

    For the purpose of this Arbitration Agreement, references to "we" and "us" include our Authorized Representative, Continental Casualty Company, Service Provider and their respective parents, subsidiaries, affiliates, agents, employees, successors and assigns. This Certificate evidences a transaction in interstate commerce; accordingly, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive the termination of this Certificate.

    This Arbitration Agreement is intended to be interpreted broadly, and it includes any dispute: (1) arising out of or relating in any way to this contract or program or to the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise; (2) that arose either before this Arbitration Agreement or Certificate was entered into by you and us or that arises after this Arbitration Agreement or Certificate is terminated; and (3) that currently is the subject of a purported class action litigation in which you are not a member of a certified class. Notwithstanding the foregoing, this Arbitration Agreement does not preclude you from bringing an individual action in small claims court or from informing any federal, state or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on your behalf.

    If you or we intend to seek arbitration you and we must first send to the other a written Notice of Claim ("Notice") by certified mail. Your Notice to us should be addressed to: Legal Department, P.O. Box 110656, Nashville, TN 37222-0656. The Notice must describe the dispute and state the specific relief sought. If you and we do not resolve the dispute within 30 days of receipt of the Notice, you or we may initiate an arbitration proceeding with the American Arbitration Association ("AAA"). You can obtain the forms necessary to initiate an arbitration proceeding by visiting www.adr.org or by calling 1-800-778-7879 . After we receive notice that you have commenced arbitration, we will reimburse you for payment of any filing fee to the AAA. If you are unable to pay a required filing fee, we will pay it if you send a written request by certified mail to: Legal Department, P.O. Box 110656, Nashville, TN 37222-0656. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "Arbitration Rules") in effect at the time the arbitration is initiated and as modified by this Arbitration Agreement. You can obtain a copy of the Arbitration Rules by visiting www.adr.org or by calling 1-800-778-7879.

    The arbitrator appointed by the AAA to decide the dispute is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including the scope of this Arbitration Agreement, with the exception that issues relating to the enforceability of this Arbitration Agreement may be decided by a court. Unless you and we agree otherwise, any arbitration proceeding will take place in the county or parish of your billing address. If your dispute is for $10,000 or less, you may choose to conduct the arbitration proceeding either by submitting documents to the arbitrator or by appearing before the arbitrator in person or by telephone. If your dispute is for more than $10,000, the right to arbitration proceeding will be determined by the Arbitration Rules. We will pay all filing, administration and arbitrator fees for any arbitration initiated pursuant to this Arbitration Agreement, 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 payment of such fees shall be governed by the Arbitration Rules.

    At the conclusion of the arbitration proceeding, the arbitrator shall issue a written decision which includes an explanation of the facts and law upon which the 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 damages award or $7,500, whichever is greater; and (2) pay your attorney, if any, twice the amount of the attorney's fees and the actual amount of any expenses reasonably incurred when pursuing your dispute in arbitration. You and we agree not to disclose any settlement offers to the arbitrator until after the arbitrator has issued the written decision. The arbitrator may resolve any disputes regarding attorney's fees and expenses either during the arbitration proceedings or, upon request, within 14 days of the arbitrator's written decision. 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. Although we may have the right under applicable law to recover attorney's fees and expenses from you if we prevail in the arbitration, we hereby waive the right to do so.

    To the extent either declaratory or injunctive relief is sought in the arbitration, such relief can be awarded only to the extent necessary to provide the relief warranted by a party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator may not consolidate the dispute of another person with your or our dispute and may not preside over any form of a representative or class proceeding. If this specific provision of this Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.

  8. No one may bring legal action, including arbitration, against us under this Certificate unless:
    1. There has been full compliance with all terms of this Certificate; and
    2. The action is brought within two (2) years or any longer period as stated in the policy or any endorsement thereto after you first have knowledge of the Loss or other events that are the basis of the action.
  9. The coverage territory is worldwide but the cost of replacement or repair will be valued in U.S. currency at the time of replacement or repair. We will ship approved replacement equipment or repaired equipment directly to you within the United States and its territories or require you to pick it up at an Authorized Service Facility.
  10. If you have a Loss to Covered Property that is part of a pair or set, we will only cover a reasonable and fair proportion of the total value of the pair or set.
  11. We may make available to you other limited benefits or services related to your Covered Property where available. These may include: property location or recovery services; data management or recovery services; equipment service and maintenance; technical support; reduced cost upgrade or purchase benefits or other services provided through your Service Provider or any Authorized Service Facilities.
  12. We agree that any terms of this Certificate not in conformity with applicable law are conformed to comply with such law. If any portion of this Certificate is deemed invalid or unenforceable, it shall not invalidate the remaining portion of this Certificate.
  13. This Certificate contains the entire agreement between you and us concerning the insurance afforded. This Certificate's terms can be amended or waived only by issuance of a new Certificate, or endorsement issued by us and made a part of this Certificate.
  14. We retain the right to revise this Certificate at any time and adjust the coverage terms, including the premium and the deductible. In the event of any material change in the coverage terms, you will be provided advance written notice of such changes. You may cancel coverage at any time without penalty, but if you continue to pay premiums after a change in coverage terms, you will be bound by such change.
  15. If we adopt any revisions to the policy which would broaden the coverage under this Certificate without additional premium while this coverage is in effect, the broadened coverage will immediately apply to this Certificate.
  16. It is important that you back up all Data and software files because this Certificate does not cover Loss or damage to your Data or Nonstandard Software and repairs to your Covered Property may result in the deletion of such Data or software. IT IS YOUR SOLE RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA ON COVERED PROPERTY WITH HARD DRIVE(S) OR ANY OTHER STORAGE MECHANISM. WE SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA, OR FILES.

IX. DEFINITIONS.

  1. "Authorized Service Facility" means: The location or locations that serve as a replacement or repair facility for the program and supply replacements for or undertake repairs of Covered Property. Selection of the Authorized Service Facility will be at the sole discretion of us or our Authorized Representative.
  2. "Coverage Certificate", "Certificate", or "Certificates" means: This Commercial Inland Marine Communications Equipment Coverage Certificate.
  3. "Covered Accessories" as used in this Certificate means: if part of the covered "Loss"; one standard battery, one standard charger, one SIM Card (if applicable) and may include one of the following at your option (if part of the covered loss): one carrying case, one automobile cigarette lighter adapter, or one standard wired earbud (not wireless or other specialty earpieces such as Bluetooth). Covered Accessories do not include memory cards or any other accessories not specifically listed as covered.
  4. "Covered Property" as used in this Certificate means:
    1. one wireless telephone owned or leased by you and actively registered on the Service Provider's network and for which airtime has been logged after enrollment. Covered Property is limited to one wireless telephone and applicable Covered Accessories per replacement. The International Manufacturer's Equipment Identification (IMEI), Electronic Serial Number (ESN), Unique Device Identifier (UDiD) or other unique identification number of the wireless telephone associated with your account in the records of the Service Provider at the time your coverage initially becomes effective and for which air time has been logged indicates the wireless telephone to be considered Covered Property, unless you have logged airtime on a different wireless telephone immediately prior to the time of Loss then such wireless telephone shall be considered Covered Property so long as such wireless telephone is owned or leased by you and you provide us proof of ownership or lease, or
    2. one tablet, notebook, laptop or other similar device ("portable electronic device") purchased from the Service Provider with an active data plan and actively registered on the Service Provider's network and for which airtime has been logged after enrollment. Covered Property is limited to one portable electronic device and standard charger, if part of the covered Loss, per replacement. The International Manufacturer's Equipment Identification (IMEI) or other unique identifier of the portable electronic device associated with your account in the records of the Service Provider at the time your coverage initially becomes effective and for which air time has been logged indicates the portable electronic device to be considered Covered Property unless you have logged airtime on a different portable electronic device, which was purchased from the Service Provider, immediately prior to the time of Loss, then such portable electronic device shall be considered Covered Property so long as the portable electronic device is owned or leased by you and you provide us proof of ownership or lease.
  5. "Data" means information input to, stored on, or processed by the Covered Property. This includes documents, databases, messages, licenses, contact information, passwords, books, games, magazines, photos, videos, ringtones, music, and maps.
  6. "Date of Loss" is the date on which a Loss to the Covered Property occurs.
  7. "Date of Replacement" is the date on which replacement or repaired equipment is shipped to you, or the date on which you pick up the replacement or repaired equipment at an Authorized Service Facility, as a result of a covered Loss.
  8. "Initial Activation" means: the time of initial activation of the Service Provider's service for the Covered Property.
  9. "Insured Subscriber" or "Insured Subscribers" means: The account holder(s) of the Service Provider meeting the following conditions:
    1. Who have been enrolled in and accepted for coverage under this Certificate.
    2. Who have a complete description of their Covered Property on file with us or our Authorized Representative.
    3. Who have paid all premiums payable with respect to their Covered Property before any claimed Date of Loss.
  10. "Loss" and "Losses" means: a covered loss as provided in Section I.B. Coverage Plans.
  11. "Malware" means malicious software that damages, destroys, accesses your Data without your authorization or otherwise interferes with the performance of any data, media, software, or system on or connected to the Covered Property.
  12. "Mechanical or Electrical Failure" means: Failure of "Covered Property" to operate due to a faulty part or workmanship or normal wear and tear when operated according to the manufacturer's instructions.
  13. "Non-Covered Accessories" as used in this Certificate means: All accessories not included in the definition of Covered Accessories.
  14. "Nonstandard External Media" means physical objects on which data can be stored but which are not integrated components of the Covered Property required for it to function. This includes data cards, memory cards, external hard drives, and flash drives. Nonstandard External Media does not include Standard External Media.
  15. "Nonstandard Software" means software, other than Standard Software.
  16. "Pollutants" means: Any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, electromagnetic pulse, sound waves, microwaves, and all artificially produced ionizing or non- ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
  17. "Service Provider" means: AT&T
  18. "Standard External Media" means physical objects on which data can be stored and that came standard in the original packaging with the Covered Property from the manufacturer but which are not integrated components of the Covered Property required for it to function.
  19. "Standard Software" means the operating system pre-loaded on or included as standard with the Covered Property from the manufacturer.
  20. "Wireless Number" or "Wireless Numbers" means: The mobile telephone or data line(s) or number(s) assigned by the Service Provider to you.

X. STATE CHANGES.

Terms and conditions vary for Certificates issued and Insured Subscribers residing in select jurisdictions as set forth below.

A. STATE CHANGES – Section VIII. G. ARBITRATION AGREEMENT is amended as follows:

If you are a resident of Arkansas, District of Columbia, Kentucky, Louisiana, Maine, Oklahoma, Vermont, Washington or Wyoming; or if the above arbitration provisions are determined to be invalid or unenforceable with respect to you, the following applies: any award rendered in accordance with the arbitration provisions herein shall constitute a nonbinding award on you, provided that within forty-five (45) days of the arbitrator's award you file a legal proceeding in the appropriate federal, state or local court, based on the same issue and facts as raised by you in the arbitration proceeding. Under no circumstances shall an issue be raised in a federal, state or local court until such time as both you and we first address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to the arbitration provision set forth above.

The Arbitration Agreement does not apply if you are a resident of Georgia, Missouri, Nevada or South Dakota.

B. STATE CHANGES - MISCELLANEOUS

Alaska: (i) A Loss may be caused by a chain of causes. If a covered Loss is the dominant cause of such a loss, we will not deny coverage on the basis that a secondary cause in that chain is not a covered Loss. (ii) The following is added to Section VI. C.: If you do not report the Loss as required or as soon as reasonably possible, your claim will be forfeited if our rights are prejudiced. (iii) The following is added to Sections VI.G and VIII.G.: You may elect to have an attorney present during questioning. (iv) The following is added to Section VIII.B: Alternatively, you or we may make a written demand upon the other to submit the dispute for appraisal. Within ten (10) days of the written demand, you and we must notify the other of the competent appraiser each has selected, and who will promptly choose a competent and impartial umpire. Not later than fifteen (15) days after the umpire has been chosen, unless the time period is extended by the umpire, each appraiser will separately state in writing their appraisal. If the appraisers agree, their agreement will be binding upon you and us. If the appraisers fail to agree, they will promptly submit their differences to the umpire. A decision agreed to by one of the appraisers and the umpire will be binding upon you and us. All appraisal expenses and fees, not including counsel or adjuster fees, shall be paid as determined by the umpire. Except as specifically provided, nothing in this section is intended to or shall limit or restrict the rights of you or us under AS § 21.96.035. (v) Section VIII.H.2 is amended as follows: The action is brought within three (3) years from the date the cause of action accrues.

Arizona: Section VII.A.1. is amended to add the following: If you cancel coverage under this Certificate, you will receive a pro rata refund within sixty (60) days from our receipt of your notice.

Colorado: Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation.

Connecticut: Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation.

Georgia: Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate.

Hawaii: Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate.

Idaho: Section VII.A.1. is amended to add the following: If you cancel coverage or reject changes under this Certificate, you will receive a pro rata refund within sixty (60) days from our receipt of your notice.

Illinois: Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate.

Iowa: The second sentence in Section VII.A.3.(c)(2) is amended as follows: However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until thirty (30) days from the date notice of cancellation is sent to you.

Kansas: (i) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation. (ii) The first sentence of Section VIII.F. is amended as follows: Your coverage will be cancelled and any claim may be denied in the event you knowingly and with the intent to defraud, conceal or misrepresent any material fact in a statement or written statement, at any time, concerning:. (iii) NOTE "B" below is amended to include a statement or written statement of claim or an application. (iv) The fourth sentence of Section VIII. G. is amended as follows: In the unlikely event we cannot resolve any disputes, including any claims under this Certificate, that you or we may have, YOU AND WE MAY VOLUNTARILY AGREE AFTER THE DISPUTE ARISES TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION.

Kentucky: The last sentence of the first paragraph under Section X. A. is deleted in its entirety.

Maryland: (i) Section VII.A.2. "Thirty (30) days" is amended to "forty-five (45) days". (ii) Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (iii) Section VII.A.3.(a) "Fifteen (15) days" is amended to "forty-five (45) days". (iv) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) days notice of cancellation. (v) Section VII.A.3.(c)(2) "Thirty (30) days" is amended to "fifteen (15) days". (vi) The following is added to Section VII.A.3: We may cancel this Certificate without notice if you obtain substantially similar coverage from another insurer without any lapse of coverage. (vii) Section VIII. H. 2. is amended as follows: "two (2) years" is amended to "three (3) years from the date it accrues."

Massachusetts: In the fourth sentence of Section VIII. G., the following language is deleted in its entirety: instead of through courts of general jurisdiction.

Michigan: This Certificate is exempt from the filing requirements of section 2236 of the insurance code of 1956, 1956 PA 218, MCL 500.2236.

Mississippi: Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation.

Montana: (i) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) days notice of cancellation. (ii) The fourth sentence of Section VIII. G. is amended as follows: In the unlikely event we cannot resolve any disputes, including any claims under this Certificate, that you or we may have, YOU AND WE MAY VOLUNTARILY AGREE AFTER THE DISPUTE ARISES TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. (iii) The following is added to Section VIII.L: The provisions of this Certificate conform to the minimum requirements of Montana law and control, for Montana Insureds, over any conflicting statutes of another state on or after the effective date of coverage. (iv) Section IX.B. is amended to provide that the selection of the Authorized Service Facility will be at the discretion of us or our Authorized Representative.

Nebraska: (i) Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation.

Nevada: Section VII.A.3.(a) "Fifteen (15) days" is amended to "ten (10) days".

New York: (i) Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation. (iii) Section VII.A.3.(c)(2) "Thirty (30) days" is amended to "fifteen (15) days". (iv) The following is added to Section VII.A.3: We may cancel this Certificate without notice if you obtain substantially similar coverage from another insurer without any lapse of coverage.

North Dakota: (i) The first paragraph of Section VII.A.3. is replaced by the following: we may change the terms and conditions of this Certificate only upon providing you with at least thirty (30) days notice, or other longer period as required by law. (ii) Subsections 3(a)-(b) of Section VII A. are deleted and replaced by the following: (a) If this Certificate has been in effect for less than 90 days, we may cancel your coverage for any reason by mailing or delivering written notice to you at least 10 days before the effective date of cancellation or 30 days notice for fraud or misrepresentation. (b) If this Certificate has been in effect for 90 days or more, we may cancel for one or more of the following reasons: 1. Nonpayment of premiums with 10 days notice of cancellation; 2. Misrepresentation or fraud made by you or with your knowledge in obtaining coverage or in pursuing a claim; 3. Your actions that have substantially increased or changed the risk insured; 4. Your refusal to eliminate known conditions that increase the potential for loss after notification; 5. Substantial change in the risk assumed unless reasonably foreseen; 6. Loss of reinsurance which provided us with coverage for a significant amount of the underlying risk insured; or 7. A determination by the insurance commissioner that the continuation of the policy is in violation of the law. For reasons 2.-7., we will provide 30 days notice of cancellation. (iii) The following paragraph is added to Section VIII. ADDITIONAL CONDITIONS: Q. We will mail or deliver a notice of nonrenewal to you at least 60 days prior to the expiration of coverage. The notice will state our reason for nonrenewal. We will mail or deliver our notice to your last known mailing or electronic address. We will not mail or deliver notice if you have obtained substantially similar coverage or accepted replacement coverage from another insurer.

Ohio: Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate.

Oklahoma: VIII.G. Arbitration Agreement is amended to include the following additional language: If an arbitration decision is not issued within three months of the demand for arbitration, the Insured Subscriber, provided they are not the cause of the delay, may elect to proceed in court. WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony.

Oregon: (i) NOTE "B" below does not apply. (ii) Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (iii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation. (iv) The following is added to Section VIII. G. Arbitration Agreement: Any award rendered in accordance with the arbitration provisions herein shall constitute a nonbinding award on you, provided that you reject the arbitration decision in writing to us within forty-five (45) days of the arbitrator's award. Under no circumstances shall a legal proceeding be filed in a federal, state or local court until such time as both you and we first obtain an arbitration award pursuant to this arbitration provision. Any arbitration occurring under this Certificate shall be administered in accordance with the Arbitration Rules unless any procedural requirement of the Arbitration Rules is inconsistent with the Oregon Uniform Arbitration Act in which case the Oregon Uniform Arbitration Act shall control as to such procedural requirement.

Pennsylvania: (i) Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least thirty (30) days notice of cancellation.

Puerto Rico: (i) Section VII.A.3. is amended to provide at least sixty (60) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) days notice of cancellation. (iii) Section VII.A.3.(c)(2) "Thirty (30) days" is amended to "fifteen (15) days". (iv) Provided you have not presented a claim, you may, within thirty (30) days of enrollment, cancel coverage as of your original effective date of coverage and receive a refund or credit on your bill for the full premium paid by writing to: Post Office Box 411605, Kansas City, MO 64141-1605.

South Dakota: (i) Section VII.A.3. is amended to provide at least twenty (20) days notice if we cancel this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (ii) Section VII.A.3.(a) "Fifteen (15) days" is amended to "twenty (20) days". (iii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least twenty (20) days notice of cancellation.

United States Virgin Islands: (i) The fourth sentence of Section VIII. G. is amended as follows: In the unlikely event we cannot resolve any disputes, including any claims under this Certificate, that you or we may have, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH NONBINDING ARBITRATION OR AN INDIVIDUAL ACTION IN A COURT OF LAW THAT HAS JURISDICATION OVER THE DISPUTE. (ii) The second sentence in the third paragraph of Section VIII. G. is amended as follows: Notwithstanding the foregoing, this Arbitration Agreement does not preclude you from bringing an individual action in a court of law that has jurisdiction over the dispute or from informing any federal, state or local agencies or entities of your dispute. (iii) The following sentence is deleted from Section VIII.G. Arbitration Agreement: "This Certificate evidences a transaction in interstate commerce; accordingly, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement." (iv) Section VIII. H. 2. is deleted and replaced with the following: The action is brought within one (1) year after you first have knowledge of the Loss or other events that are the basis of the action.

Utah: Section VII.A.3.(a) "Fifteen (15) days" is amended to "thirty (30) days".

Vermont: (i) Section VIII.A. is amended as follows: "thirty (30) days" is replaced with "ten (10) days." (ii) Note "B." below is deleted and replaced with the following: Any person who knowingly presents a false statement in an application for insurance or when filing a claim may be guilty of a criminal offense and subject to penalties under state law.

Washington: (i) The first paragraph of Section II. EXCLUSIONS, is deleted and replaced in its entirety by the following: We will not pay for Loss caused directly or indirectly by any of the above excluded causes of Loss, and such Loss is excluded regardless of any other cause or event that contributes concurrently to the Loss if the excluded event initiates the sequence of events that result in a Loss. (ii) The first sentence of Section VII.A.1. is amended as follows: You may cancel coverage under this Certificate by mailing or delivering to us advance notice stating when such cancellation is effective. (iii) Section VII.A.3. is amended to provide at least thirty (30) days notice if we cancel or nonrenew this Certificate or change the terms and conditions unless we cancel for other reasons set forth in this Certificate. (iv) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) days notice of cancellation. (v) The following is added to Section VII.A.3: We retain the right to revise this Certificate at any time, provided that we will not increase the premium or the deductible or restrict coverage more than once in any six month period. (vi) Section VII.B.1. is amended as follows: Notices made pursuant to Sections A. 2 or 3 shall be in writing and include the actual reason and effective date of cancellation or nonrenewal. The coverage will end on that date. (vii) The first sentence of Section X. A. is amended as follows: any award rendered in accordance with the arbitration provisions herein shall constitute a nonbinding award on you, provided that you reject the arbitration decision in writing to us within forty-five (45) days of the arbitrator's award. (viii) The following sentence is deleted from Section VIII.G. Arbitration Agreement: This Certificate evidences a transaction in interstate commerce; accordingly, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Wyoming: (i) Section VII.A.3.(a) is amended as follows: We may cancel your coverage under this Certificate immediately for discovery of fraud or material misrepresentation. (ii) Section VII.A.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) days notice of cancellation.

NOTE:

A. THIS CERTIFICATE MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTO INSURANCE POLICY, HOMEOWNER'S INSURANCE POLICY, OR OTHER SOURCE OF COVERAGE.

B. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF INSURANCE FRAUD. IN FLORIDA, SUCH CONDUCT IS A FELONY OF THE THIRD DEGREE.

Any questions regarding the coverage provided under this Certificate should be directed to our Authorized Representative as follows:

Asurion Customer Care Center
Post Office Box 411605
Kansas City, MO 64141-1605 (1-888-562-8662)


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AT&T PROTECH SUPPORT TERMS OF SERVICE

"AT&T" or "we," "us" or "our" refers to AT&T Mobility LLC, acting on behalf of its FCC-licensed affiliates doing business as AT&T. "You" or "your" refers to the person or entity that is the customer of record for AT&T wireless service, and purchases or uses the AT&T ProTech support Service (as defined below). This ProTech support Terms of Service is an agreement between AT&T and you ("Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

I. DESCRIPTION OF SERVICES.

AT&T ProTech support. ProTech support is a monthly subscription service available to wireless subscribers of AT&T for the provision of personalized concierge support services to assist with most "how-to" and functionality questions relating to mobile devices and mobile applications ("ProTech support"," or "Service"). Service is available to those AT&T customers who have Eligible Devices (as defined below) and an active AT&T wireless post-paid account.

More specifically, ProTech support includes assistance in the following categories:

  1. Basic Functionalities: such as mobile device interoperability; transferring contacts; downloading and/or syncing files and music; storing, retrieving and managing files; sending and receiving pictures; and other.
  2. Email/Internet Connectivity: such as setting up GPRS/3G/4G data connection, email and messenger on mobile devices; blocking spam/junk emails; browsing and Internet/Wi-Fi connectivity; and other.
  3. Entertainment/Personalization: such as social media website support; installing and removing apps, including social media application; activating and using GPS and Navigation; and other.
  4. Technical Support: such as difficulties with charging/powering devices; display issues; software issues; SIM card issues; email setting errors; and other. For more information on types of Services, go to https://www.att.com/protectioncenter.

ProTech support may be provided by means determined by AT&T at its sole discretion and could include call, click-to-call, click-to-chat or online chat. Additionally, ProTech support may rely on diagnostic data collected from your Device, provided that you have Device Diagnostic Settings turned "On" within the Protect Plus App. For details on how Services are provided, available tools, hours of operation and other information, go to https://www.att.com/protectioncenter.

ProTech support is linked to and available on the wireless phone number enrolled for the ProTech support and its associated Eligible Device. You must provide the enrolled wireless phone number, including area code, when seeking assistance.

AT&T will use commercially reasonable efforts to provide Services. This means that if AT&T cannot resolve your problem after several attempts, AT&T reserves the right, in its sole discretion, to end further efforts to resolve the problem. In addition, AT&T has limited proprietary information from vendors, manufacturers, and developers relating to the devices and/or applications and may not have the ability to obtain the proprietary information that may be necessary to resolve a specific technical problem. Technical problems that may arise may be the result of software or hardware errors not yet resolved by the hardware or software manufacturer, in which case AT&T may not be able to resolve the problem. Customers are encouraged to follow a practice of regularly backing up information. AT&T shall have no obligation to determine if all adequate back up steps were taken by you. However, if AT&T elects to determine if adequate back up steps were taken, AT&T may, but is not required to, decline to proceed with problem resolution in its sole discretion.

A broadband Internet connection is recommended, but not required for us to provide Service. You may be required to have a functional/working computer with newer operating systems, cables and software in order for us to assist you with the resolution of certain problems. For a list of supported operating systems, go to https://www.att.com/protectioncenter. We may also recommend a certain course of action for you to follow that is necessary to receive the Service. If you do not have a functional PC, cables or software when required, or are unable to follow AT&T recommendations, AT&T will have no obligation to provide the Service.

II. ELIGIBLE DEVICES

An eligible device is required for the provision of ProTech support ("Eligible Device"). For a list of Eligible Devices, go to https://www.att.com/protectioncenter.

III. REMOTE ACCESS TOOLS; SOFTWARE

You may be asked if you desire to use a remote access tool for the provision of Services. For a list of Eligible Devices on which a remote access tool is available please go https://www.att.com/protectioncenter.

To receive Services by using a remote access tool, you may be required to download and run a certain software application (on your Eligible Device and/or computer) that will allow remote access to your Eligible Device and its content to aid in the diagnosis and provisioning of the ProTech support (the "Remote Access Software"). In addition, you may be required to download and run other software applications necessary for the provision of ProTech support ("Other Software", and collectively with the Remote Access Software", the "Software"). You are prohibited from, and expressly agree not to, copy or modify Software or other materials provided with the Service. The Software may be provided by a third party and you will be required to accept the End User License Agreement ("EULA") provided by that third party prior to downloading the Software. You agree to comply with the EULA and any other terms and conditions that may be provided by the third party with Software and, in the event of a conflict, such Software-specific terms and conditions will take precedence over this Agreement as to such specific Software. In addition, if you work with a third party on any password or other access-control-oriented problems in connection with the use of the Remote Access Software or otherwise, we strongly recommend that you take steps to protect your password such as resetting such password(s) immediately following the completion of the Service.

IV. CHARGES.

We will bill you a monthly recurring subscription fee for the ProTech support per each enrolled wireless phone number. Charges will automatically be billed to your active AT&T wireless account and will be part of your AT&T Mobility bill. You are responsible for paying all charges for or resulting from Services provided under this Agreement, including monthly recurring subscription fees and applicable taxes, surcharges and governmental fees, if any, whether assessed directly upon you or upon AT&T.

You will remain liable to pay any and all charges and fees for ProTech support even if AT&T does not resolve your problem for reasons described in Section 1 – Description of Service of this Agreement.

Payment for all charges is made in advance. In the event this Agreement and the provision of the ProTech support is terminated, the charges relating to the Service will be prorated for the time period after such termination. You will receive a credit on your enrolled wireless phone number for the prorated amount within 1 to 2 billing cycles after termination of the Service.

V. CHANGES TO CHARGES AND TERMS

We may change any term, condition, fee, expense, or charge regarding the Service or add new fees at any time. We may modify our billing practices. We may provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, or administrative charges, if any) by e-mail or such other means as AT&T determines to be most practicable. If we change the subscription fee or institute new fees or charges, or materially change the scope of the Service, we will notify you of such changes in advance You are liable for all fees and charges in accordance with billing terms in effect at the time the fees or charges become payable.

VI. TERMINATION

You may cancel the provision of the ProTech support or terminate this Agreement at any time by notifying AT&T. AT&T may, at its sole discretion, interrupt, suspend or cancel your Service and terminate this Agreement without advance notice for any reason, including, but not limited to the following: if we believe that (i) you violate this Agreement or your Wireless Customer Agreement; (ii) you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives; (iii) you fail to make all required payments when due; (iv) we have reasonable cause to believe that your Eligible Device is being used for an unlawful purpose or in a way that may adversely affect our network or the Service; or (v) you attempt to resell the Service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination.

VII. CUSTOMER REPRESENTATIONS AND WARRANTIES.

You represent and warrant you are a legal license holder of the software you use and you own any hardware or network devices you request AT&T to assist you with in association with the Services. AT&T will not assist you if you are not the legal license holder of software and owner of the device.

VIII. PRIVACY.

The ProTech support is subject to the AT&T Privacy Policy located at https://www.att.com/privacy, as amended from time to time, which policy is incorporated herein by reference. As set forth in the AT&T Privacy Policy, we may share your personal information with third parties that perform Services for us or on our behalf, but we do not allow those third parties to use it for any purpose other than to perform the Services.

IX. DISCLAIMER OF WARRANTIES.

YOUR PURCHASE AND USE OF THE PROTECH SUPPORT SERVICE AND ANY ASSOCIATED SOFWARE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AT&T MAKES NO WARRANTY THAT (i) THE PROTECH SUPPORT SERVICE OR ANY SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE PROTECH SUPPORT SERVICE OR ANY SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROTECH SUPPORT SERVICE OR ANY SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, SOFTWARE, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROTECH SUPPORT SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE PROTECH SUPPORT SERVICE WILL BE CORRECTED. AT&T DOES NOT WARRANT THAT THE PROTECH SUPPORT SERVICE WILL BE ERROR FREE OR THAT THE SOFTWARE IS FREE OF HARMFUL CODE. IF YOUR USE OF THE PROTECH SUPPORT SERVICE OR SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AT&T IS NOT RESPONSIBLE FOR THOSE COSTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM THE PROTECH SUPPORT SERVICE AND ANY SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE PROTECH SUPPORT SERVICES, ANY SOFTWARE, AND ANY PARTS THEREOF ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

X. LIMITATION OF LIABILITY.

IT IS YOUR RESPONSIBILITY TO BACK UP ALL APPLICATIONS AND DATA ON YOUR ELIGIBLE DEVICE MEMORY OR HARD DRIVE(S) PRIOR TO EVERY SERVICE REQUEST. AT&T AND/OR ITS THIRD-PARTY AGENT SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY APPLICATION, DATA OR FILES, OR ANY DAMAGE TO YOUR ELIGIBLE DEVICE OR COMPUTER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AT&T AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, WHICH INCLUDES ITS THIRD-PARTY SERVICE PROVIDERS, AS WELL AS ANY AT&T PARENT, AFFILIATE OR SUBSIDIARY COMPANY, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR OTHER TANGIBLE INTANGIBLE LOSSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) THE USE OF THE PROTECH SUPPORT SERVICES OR ANY SOFTWARE USED IN CONNECTION WITH THE PROVISION OF THE SERVICE, (B) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OR ADVICE PROVIDED IN CONNECTION WITH THE PROTECH SUPPORT SERVICES, AND/OR (C) THE INABILITY TO USE PROTECH SUPPORT SERVICES OR ANY SOFTWARE, IN EACH CASE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONAL HARDWARE, SOFTWARE, INTERNET ACCESS FROM YOUR ELIGIBLE DEVICE OR COMPUTER AND/OR SPECIAL NETWORK CONNECTION MAY BE REQUIRED, AND YOU ARE SOLELY RESPONSIBLE FOR ARRANGING OR OBTAINING ALL SUCH REQUIREMENTS. SOME SOLUTIONS MAY REQUIRE THIRD PARTY PRODUCTS AND/OR SERVICES, WHICH ARE SUBJECT TO ANY APPLICABLE THIRD PARTY TERMS AND CONDITIONS, AND MAY REQUIRE SEPARATE PURCHASE FROM AND/OR AGREEMENT WITH THE THIRD PARTY PROVIDER. AT&T IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES CAUSED IN ANY WAY BY THE PRECEDING HARDWARE, SOFTWARE OR OTHER ITEMS/REQUIREMENTS FOR WHICH YOU ARE RESPONSIBLE.

AT&T'S TOTAL LIABILITY ARISING OUT OF THE PROTECH SUPPORT SERVICES, OR FROM AT&T'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, IF ANY, SHALL BE, AT AT&T'S SOLE DISCRETION AND OPTION, TO RE-PERFORM THE PROTECH SUPPORT SERVICES OR (b) REFUND ONE MONTH SUBSRIPTION FEE GIVING RISE TO A CLAIM, IF ANY. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL AT&T BE LIABLE TO YOU FOR ANY MORE THAN ONE MONTH'S SUBSCRIPTION FEE.

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 LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

XI. INDEMNIFICATION.

You agree to indemnify, hold harmless and release AT&T, its parent, affiliate and subsidiary companies and their directors, officers, employees and agents, which includes their third-party service providers, from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, arising in any way from or relating to, directly or indirectly, your purchase or use of the ProTech support. This obligation shall survive termination of this Agreement (including termination of the ProTech support).

XII. GOVERNING LAW.

The law of the state of your billing address shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.

XIII. DISPUTE RESOLUTION BY BINDING ARBITRATION:

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling the AT&T ProTech support customer service department at 888-562-8662. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

ARBITRATION AGREEMENT

  1. AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
    • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
    • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    • claims that may arise after the termination of this Agreement.

    References to "AT&T," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

  2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at https://www.att.com/arbitration-forms.
  3. After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at https://www.att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
  4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
    • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
    • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

    If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

  5. The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in arbitration, AT&T agrees that it will not seek such an award.
  6. The arbitrator may award declaratory 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. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

XIV. IMPORT/EXPORT CONTROL.

You acknowledge that Services and any Software (including, but not limited to, technical assistance) provided under this Agreement may be subject to import or export laws, conventions or regulations, and any use or transfer of the Software or technical information must be in compliance with all such laws, conventions and regulations. You will not use, distribute, transfer or transmit any Software or technical information except in compliance with such laws, conventions and regulations. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you are agreeing to the foregoing and representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. If requested, you agree to sign written assurances and other documents as may be required to comply with such laws, conventions and regulations.

XV. GENERAL INFORMATION.

This Agreement, and any other policies or guidelines referenced herein, constitute the entire agreement between AT&T and you in connection with the ProTech support. This Agreement governs your use of the ProTech support, superseding any prior agreements between you and AT&T with respect to the subject matter of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and AT&T nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the impacted provision, and the other provisions of this Agreement will remain in full force and effect. 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 ProTech support or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of AT&T to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

XVI. RESERVATION OF RIGHTS AND TRADEMARK INFORMATION.

You understand and agree you receive no title or right of ownership in the ProTech support or to any Software or other materials provided to you in connection with the Services. All title, including but not limited to copyrights and patent rights, in and to the ProTech support, Software or other materials related to the Services are owned by AT&T or its affiliates, licensors or suppliers. All rights not expressly granted are reserved by AT&T and its affiliates, licensors and suppliers. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. AT&T, the AT&T logo and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other trademarks are the property of their respective owners.

© 2018 AT&T Intellectual Property. All rights reserved.

 

END USER LICENSE AGREEMENT FOR ALL AT&T PROTECH APPLICATIONS

PLEASE READ THE END USER LICENSE AGREEMENT (“EULA”) FOR ALL AT&T PROTECH APPLICATIONS CAREFULLY AND COMPLETELY. THE EULA IS A LEGAL CONTRACT BETWEEN YOU AND ASURION THAT GOVERNS YOUR USE OF ANY AND ALL AT&T PROTECH APPLICATIONS DOWNLOADED BY YOU NOW OR IN THE FUTURE (THE “APPLICATIONS”). THE EULA LIMITS OUR LIABILITY TO YOU AND REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, INCLUDING OUR COLLECTION OF CERTAIN CATEGORIES OF DATA DISCUSSED IN THE EULA BELOW, DO NOT DOWNLOAD, CLICK-TO-ACCEPT, AND/OR USE THE APPLICATIONS. PLEASE CONTACT US AT APPTERMSOFSERVICE@ASURION.COM WITH QUESTIONS REGARDING THE EULA OR THE APPLICATIONS.

  1. DEFINITIONS. In the EULA: (a) “Asurion,” “We,” “Our” and “Us” mean Asurion Mobile Applications, LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) “Applications” means any and all applications developed and provided by Asurion and downloaded by You as part of Your AT&T ProTech plan, which includes the AT&T ProTech application and any add-on applications available now or in the future, and any website and software provided in connection with the Applications; for purposes of clarification, “Applications” does not include any applications developed and provided by any third parties; (c) “You” and “Your” mean an individual who downloads or uses the Applications and any person or entity represented by that individual; and (d) “AT&T” means AT&T Mobility, LLC, and its parents, subsidiaries, affiliates, agents, employees, successors, and assigns
  1. USE. The Applications are intended for Your personal use only, and You may download and use them only if You can form a binding contract with Us and You are not a person who is barred by applicable laws from downloading or using the Applications. The Applications are operated from facilities in the United States, and We make no representation that the Applications are appropriate or available for use in other locations.
  1. LICENSE. Subject to the EULA, We grant You a personal, revocable, non-transferable, non-exclusive limited right to access and use the Applications solely as permitted by their functions. We grant You no other rights, beyond what is expressly granted, and We hereby reserve any and all other rights.
  1. FUNCTIONS. The Applications include several functions, and Your ability to access those functions depends upon Your mobile device and Your agreement with Us and/or AT&T. We do not warrant that the Applications will be compatible with or operable on Your mobile device. You acknowledge and agree that not all of the functions of the Applications may be available to You at all times or at any time. Your mobile device must be powered on and within Your mobile coverage area for the Applications to operate. We reserve the right to change, suspend or discontinue any of the Applications and/or any of the functions of the Applications at any time, for any reason and without notice or liability to You. It is Your responsibility to download any updates to any of the Applications. We will not assume any liability if You do not have the most current version of any of the Applications on Your mobile device.
  1. DATA-USAGE CHARGES. You acknowledge and agree that You may incur data usage or other fees or charges by downloading or using any of the Applications. 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 Applications.
  1. PASSWORD & ACCOUNT INFORMATION. You may be asked to provide an email address and create a password in order to use some or all of the Applications, or to access certain features and functions of some or all of the Applications. If required, You agree to provide Us with complete and accurate information when creating Your account and using any of the Applications. You are solely responsible for any activity occurring 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 Applications on Your mobile device. If You believe that the confidentiality of Your account or password has been compromised, You should change Your password immediately.
  1. COMMUNICATIONS. You agree to receive electronic communications from Us and AT&T related to Your use of the Applications (“Core Communications”), and You cannot opt out of receiving those Core Communications. You also agree to receive electronic communications from Us and AT&T related to Your mobile device and the features available thereon, as well as Your use of that device (“Non-Core Communications”), and You can opt out of receiving those Non-Core Communications by following the “unsubscribe” instructions included in them. You agree that You are solely responsible for any charges or fees associated with Core and Non-Core Communications.
  1. RESTRICTIONS ON USE. You shall not use the Applications in any way that violates any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual property right or discloses a trade secret or confidential information. You shall not: (a) decompile, reverse engineer, disassemble, derive the source code of or decrypt the Applications; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Applications; (c) redistribute, rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Applications to any third party; or (d) remove, obscure, or alter any proprietary notices (including any notice of copyright or trademark) of the Applications.
  1. MISUSE. You shall not misuse the Applications, including, without limitation, using the Applications in any manner that: (a) interferes with or interrupts the Applications or any hardware, software, system or network connected with it; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another’s privacy rights; (c) uses functions of any of the Applications 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 any of the Applications or any other computer software or hardware.
  1. PRIVACY & SECURITY. Our Privacy Policy is available for review in the Applications and explains Our policies with respect to the collection, use and disclosure of information related to or derived from Your use of some or all of the Applications. AT&T’s Privacy Policy is available here and explains AT&T’s policies with respect to the collection, use and disclosure of information related to or derived from Your use of some or all of the Applications. Read both Privacy Policies carefully and completely. Our Privacy Policy is incorporated by reference into the EULA, and by using the Applications, You consent to the collection, use and disclosure of Your information, as described in those Policies. Since Asurion cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Asurion at Your own risk.
  1. 1 AUTOMATIC BACKUP AND RESTORE OF PHOTOS AND VIDEOS. If available, one or more of the Applications may automatically store or backup your photos and videos each time you open the Application, by making and transferring a copy of such photos and videos over the Internet to a remote data center operated by Asurion or an affiliate or partner of Asurion. There may be limitations on the size of each video and on the total size of photos and videos that can be backed up and secured. The Application will scan Your mobile device in order to determine if any file is new, modified, or deleted and to determine what actions need to be taken in order to complete a storage operation. This operation requires Asurion to collect information related to Your files, Your mobile device configuration and specification, and Your mobile device usage. Such Applications may allow You to use Your mobile device to share Your photos and videos with third parties who have access to such Applications. This function, if available, requires Asurion to make and distribute a copy of the photo or video selected to such third party, and will only be utilized with Your knowledge and authorization. You give Asurion permission to access, collect, and store Your photos and videos, to transmit all photos and videos to the remote data center operated by Asurion or an affiliate or partner of Asurion, and to transmit photos and/or videos to a third party upon Your request. If You use those functions, You may incur data charges. Asurion assumes no duties related to Your photos and videos, including any duty to preserve or monitor such files. Asurion reserves the right to restrict or limit the ability  to store or backup Your photos  and videos and to delete Your photos  and videos at any time, for any reason and without notice or liability to You.
  1. DATA COLLECTION AND USE. Some or all of the Applications and Your use of some or all of the Applications and their functions may collect and convey certain data and information about Your mobile device, including without limitation telephone serial numbers, settings information, operating system, Bluetooth settings, Wi-Fi, GPS, screen, mobile data, auto-sync, storage, battery, performance and data usage, and device applications. Such data may be conveyed to an AT&T ProTech support representative during Your contact with such representative through the Applications, including during any remote access of Your mobile device by such representative, which function will only be utilized with Your knowledge and authorization. Your use of any services provided to You by an AT&T ProTech support representative through any of the Applications is also governed by the AT&T ProTech Support Terms of Service. Except for any backup features of the Applications described above, the Applications do not collect personal information, including but not limited to, Your contacts, photos, or videos. Information regarding Asurion’s policies for privacy and security with regard to the gathering, use, and disclosure of the collected data and information is located in the Asurion Privacy Policy, which is available for review in the Applications. Device data collection can be turned on or off by You at any time within the settings of the Applications.
  1. DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THEM IS AT YOUR SOLE RISK AND DISCRETION. ASURION AND AT&T DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, ASURION AND AT&T MAKE NO WARRANTY THAT (A) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (B) THE APPLICATIONS WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (C) PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (D) ERRORS IN THE APPLICATIONS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION, THE APPLICATIONS OR AT&T SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ASURION OR AT&T HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE APPLICATIONS. YOU ACKNOWLEDGE AND AGREE THAT ASURION AND AT&T MIGHT NOT BE ABLE TO OFFER THE APPLICATIONS AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS. IN THE EVENT OF ANY FAILURE OF ANY OF THE APPLICATIONS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ASURION AND WE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. ASURION OR AT&T WILL NOT HAVE OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATIONS, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
  1. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL ASURION OR AT&T 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 ANY OF THE APPLICATIONS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ASURION OR AT&T 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 ANY OF THE APPLICATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASURION AND AT&T’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 ANY OF THE APPLICATIONS, 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.
  1. ARBITRATION AGREEMENT. Most of Your concerns about the Applications can be addressed by contacting Usat 1-866-862-3397 or apptermsofservice@asurion.com. For any dispute with Asurion, You agree to first contact Us and attempt to resolve the dispute with Us informally. In the event We cannot resolve any disputes with You, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS.
  1. General Information. This Arbitration Agreement (“A.A.”) shall survive the termination of the EULA 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 Your relationship with Us or PP, 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.
  2. How to Initiate Arbitration. 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 www.adr.org or 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 Us a written request.
  3. Rules & Fees. The arbitration shall be administered by the AAA in accordance with the Consumer Arbitration Rules (“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 $25,000 or less, the arbitration will be conducted by submitting documents to the arbitrator, unless You request an in-person or telephonic hearing or the arbitrator decides that a hearing is necessary. If Your dispute is for more than $25,000, the right to a hearing 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 filed for the purpose of harassment or is patently frivolous. In that case, the Rules govern payment of such fees.
  4. Decision & Award. 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 Our last settlement offer 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 $1,500, whichever is greater; and (2) pay the attorney’s fees and expenses, if any, You reasonably incurred in the arbitration. While that right to fees and expenses is in addition to any right You may have under applicable law, You may not recover duplicate awards of fees and expenses. We hereby waive any right We may have under applicable law to recover attorney’s fees and expenses from You if We prevail in the arbitration.
  5. No Representative Proceedings. If You seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You relief. YOU AND WE 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 We agree otherwise, the arbitrator may not consolidate Your dispute with another person’s dispute and may not preside over any form of representative proceeding. If this specific provision of the A.A. is found to be unenforceable, then the entirety of this A.A. is null and void.
  1. CLAIM LIMITATION. Any claim related to the Applications shall be brought within one year of the events giving rise to the claim. Failure to assert a claim during that one-year period results in it being forever waived and barred.
  1. THIRD-PARTY SOFTWARE & CONTENT. Some or all of the Applications may include open source or third-party software, and Your use of the Applications is subject to any licenses or agreements governing that software. The Applications may expose You to content, websites, products and services created or provided by third-parties (“content”). We do not review, endorse or assume any responsibility for that content, and Your access or use of it is at Your own risk and discretion, and You understand that the EULA and Privacy Policy do not apply to that third-party content.
  1. INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Applications are Our exclusive property, and all such rights not expressly granted to You in the EULA are hereby reserved and retained by Us. If You submit comments or ideas about the Applications, including ways to improve it or other products or services (“Ideas”), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation to You and/or to disclose the Ideas 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 ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
  1. 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 relating to Your use of the Applications. We reserve the right, at Your expense, to assume control of any matter which You are required to defend or indemnify, and You agree to cooperate in that defense.
  1. ASSIGNMENT. The EULA and any rights granted thereunder may not be transferred or assigned by You, but may be transferred or assigned by Us, without restriction.
  1. SEVERABILITY & WAIVER. If any term of the EULA is found to be unenforceable, it should be modified to the extent possible to make it enforceable without losing its intent and purpose. If no such modification is possible, it should be severed from the EULA. Any failure to enforce a term of the EULA shall not be deemed a waiver of that term.
  1. AT&T/THIRD PARTY BENEFICIARIES. AT&T, and AT&T’s subsidiaries, are third party beneficiaries of the EULA, and AT&T has the right (and is deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof. Except as otherwise provided, nothing in the EULA is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. (a) Disputes with AT&T. Notwithstanding the foregoing, disputes between You and AT&T are not governed by the A.A. Those disputes are, instead, governed by the arbitration clause of Your applicable AT&T wireless service agreement at https://www.att.com/wirelesslegal, as amended from time to time, and incorporated herein by reference. (b) AT&T Privacy Policy and Acceptable Use Policy. By using the Applications, you agree to the AT&T Privacy Policy and Acceptable Use Policy. (c) AT&T Marks. AT&T retains all rights, interests and titles to all AT&T logos, trademarks, design marks, slogans, product and service names, and any derivations thereof (the “AT&T Marks”). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, as applicable, which may be withheld for any or no reason. These obligations survive the termination of this Agreement.
  1. ENTIRE AGREEMENT & GOVERNING LAW. The EULA and documents incorporated by reference constitute the entire agreement between us with respect to the Applications. The EULA shall be governed by 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 Applications from the Apple App Store (“iTunes-Sourced Software”). You acknowledge and agree that the EULA 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 EULA 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 EULA 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 EULA. You and Asurion acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of the EULA as relates to Your license of the iTunes-Sourced Software and that upon Your acceptance of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA as relates to Your license of the iTunes-Sourced Software against You as a third-party beneficiary thereof.

Asurion® and its logos, are the trademarks of Asurion, LLC. AT&T®  and AT&T ProTech™ are the trademarks of AT&T. All rights  reserved. All other trademarks, service marks, and product brands that appear in the Applications are not owned by Asurion or AT&T and are the property of their respective owners. Neither Asurion nor AT&T is affiliated with, sponsored by, or endorsed  by the respective owners of the other trademarks, service marks and/or product brands that appear in the Applications.

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