AT&T Multi-Device Protection Pack Terms and Conditions


AT&T Multi-Device Protection Pack Terms and Conditions

CNA

Continental Casualty Company

Chicago, Illinois

 

Commercial Inland Marine Communications Equipment Coverage Certificate

 

Some provisions in this Multi-Device Insurance 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 portable electronics 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 are only covered as a part of a Loss to Covered Property.  Covered Accessories are not covered separately as a Loss under this Certificate.

6.        Any wireless device whose unique identification number (IMEI or ESN, etc.) has been altered, defaced or removed.

D.       PAYMENT OF PREMIUM

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: All eligible equipment categories

Monthly Premium Charge: Price of Multi-Device Insurance is included in the MDPP+ Program

E.       WHEN COVERAGE IS EFFECTIVE.

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

 

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.  The successful completion of a test call to the Covered Property may be required prior to coverage becoming effective.

 

For Non-Connected Covered Property, coverage only applies to Losses occurring on or after the thirtieth (30th) day following the submission of your request for enrollment.

 

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:

A.       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.

B.       Loss due to the intentional parting with Covered Property by you or anyone entrusted with the Covered Property.         

C.       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.

D.       Loss due to obsolescence, including technological obsolescence or depreciation in the value of the Covered Property.

E.       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.

F.        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.

G.       Loss caused by or resulting from unauthorized repair or replacement.

H.       Loss caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of Pollutants.

I.         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.

J.        Loss caused by or resulting from failure to follow the manufacturer’s installation, operation or maintenance instructions.

K.       Loss caused by or resulting from error or omission in design, programming, or system configuration of the Covered Property, or    manufacturer’s recall.

L.        Loss or damage to or of batteries (unless otherwise covered as a Covered Accessory when part of a Loss to other Covered Property).

M.       Loss caused by or resulting from any Malware.

N.       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.

O.       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.

P.       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.

Q.       Loss or damage to or of Data, Nonstandard External Media, and Nonstandard Software.

R.       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.

S.       Loss caused by power surge if the Covered Property was not connected to a surge protector at the time of Loss.

T.        Losses for Non-Connected Covered Property that occur within thirty (30) days from the submission of your request for enrollment.

 

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 six (6) replacements or repairs of Covered Property will be allowed per Insured Subscriber in any one twelve (12) month period.  Losses incurred under this Certificate will be applied against the aggregate limit under this Certificate and will also be carried forward and applied against the applicable aggregate limit under any other certificate issued by us for the twelve (12) months following the Date of Loss.

 

IV.      DEDUCTIBLE.

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

 

Provided, however:

A.       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.

B.       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 or repair, 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

Standard Deductible - Device Tier 1: $50; Device Tier 2: $125; Device Tier 3: $199

At 6 months since incidents of your last approved claim: Device Tier 1: $37; Device Tier 2: $93; Device Tier 3: $149

At 12 months since incidents of your last approved claim: Device Tier 1: $25; Device Tier 2: $62; Device Tier 3: $99

Customer must be enrolled in Mobile Protection Pack and remain claim-free for 6 or 12 consecutive months in order to receive the Declining Deductible discount.

 

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.

A.       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.

 

For Non-Connected Covered Property, any repair to the Covered Property may result in the manufacturer voiding the manufacturer’s warranty on the Covered Property.  A sixty (60) day warranty will be provided on any repairs made by the Authorized Service Facility to the Covered Property.   A ninety (90) day warranty for Mechanical or Electrical Failure will be provided on all replacement equipment.

 

For Connected Covered Property, a twelve (12) month warranty for Mechanical or Electrical Failure will be provided on all replacement equipment.

B.       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.  Any cash settlement provided shall be based on the replacement value of equipment of like kind and quality which has similar features and functionality.

C.       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.

D.       Connected 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.

E.       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.

A.       In the event that your Connected Covered Property is lost or stolen, you must notify your wireless Service Provider as soon as possible to suspend service.

B.       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.

C.       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.

D.       You will do what is reasonably necessary to minimize the Loss and to protect the Covered Property from any further Loss.

E.       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 proof of purchase. You may also be required to present, or provide a photocopy of, a government issued photo I.D.

F.        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.

G.       In the event we arrange for the repair of your Covered Property, you must send your Covered Property to our Authorized Service   Facility for repair as directed by us.

H.       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.

I.         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.

J.        In the event of a Loss, you must satisfy the nonrefundable deductible applicable to the Loss.

 

VII.    ELIGIBILITY AND CANCELLATION.

A.       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:

a)        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.

b)        We may cancel your coverage under this Certificate immediately, or by providing additional notification time as required by law, for nonpayment of premium.

c)        We may cancel your coverage under this Certificate immediately, or by providing additional notification time as required by law, if:

                                                          i.            You cease to have active service with the Service Provider; or,

                                                         ii.            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.

 

B.       How Notice 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, any refunds due will be on a on a pro rata basis.

C.       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. Connected 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 of Connected devices 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 portable electronics equipment insurance program.

4.        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.

D.       You are responsible for the payment of all premiums, per the terms of this Certificate.

E.       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.

A.       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.

B.       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.

C.       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.

D.       You may not assign this Certificate without our written consent.

E.       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:

a)        Someone covered under this Certificate;

b)        A business firm;

                                                          i.            Owned or controlled by the Insured Subscriber; or

                                                         ii.            That owns or controls the Insured Subscriber; or

                                                        iii.            The Insured Subscriber’s tenant.

This will not restrict the Insured Subscriber’s coverage.

F.        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:

1.        This coverage;

2.        The Covered Property;

3.        Your interest in the Covered Property; or

4.        A claim under this Certificate.

G.       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 thirty (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 calling1-800-778-7879. 

       

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.

H.       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.

I.         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.

J.        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.

K.       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.

L.        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.

M.       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.

N.       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.

O.       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.

P.       You must follow the instructions that are in the owner’s manual for proper use, care and maintenance of the Covered Property. You must use a surge protector and industry standard anti-malware software. Failure to follow the manufacturer’s maintenance and service guidelines, use a surge protector, or use industry standard anti-malware software may result in the denial of coverage under this Certificate. We strongly recommend the regular back up of Data and software.  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.

A.       “Anchor” means the Connected Covered Property that is active on the enrolled Wireless Number assigned by the Service Provider to you.

B.       “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.

C.       “Connected” means Covered Property connected to the Service Provider’s network.

D.       “Coverage Certificate”, “Certificate”, or “Certificates” means: This Commercial Inland Marine Portable Electronics Equipment Coverage Certificate.

E.       “Covered Accessories” as used in this Certificate means: if part of the covered “Loss” for wireless telephones; one standard battery, one power cord, 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). If part of the covered “Loss” for Non Connected devices; one standard battery and one standard home charger or power cord.

F.        “Covered Property” as used in this Certificate means:

One Anchor and up to two Non-Anchor device(s) as follows:

1.        Anchor device is one Connected smart phone, feature phone, Mifi, air card or tablet owned or leased by you and eligible for the program provided by  the Service Provider.  

2.        Non-Anchor devices are two of the following:

a)        Connected smart phones, feature phones, Mifi’s and air cards on the same account as the Anchored device that are owned or leased by  you; and

b)        Connected or Non-Connected laptops and tablets that have a Windows Vista, OS X, Android, iOs or newer operating system and are eligible devices under the program; 

 

The Connected smart phones, feature phones, Mifi’s, tablets or air cards that are Covered Property must be actively registered on the Service Provider’s network and have logged airtime after enrollment. The International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN), Unique Device Identifier (UDiD) or other unique identifier of the 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 for devices indicates the devices to be considered Covered Property unless you have logged airtime on a different device, immediately prior to the time of Loss, in which case the Covered Property is the device for which airtime usage has been logged by your Service Provider immediately prior to the time of Loss so long as such device is owned or leased by you and you provide us proof of ownership or lease.  We may also request that you register Non-Connected Devices, but in no case shall more than one Anchor and up to two Non—Anchor devices be registered and covered simultaneously under this Certificate. 

G.       “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.

H.       “Date of Loss” is the date on which a Loss to the Covered Property occurs.

I.         “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.

J.        “Initial Activation” means: the time of initial activation of the Service Provider’s service for the Covered Property.

K.       “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 Connected 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.

L.        “Loss” and “Losses” means: a covered loss as provided in Section I.B. Coverage Plans.

M.       “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.

N.       “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.

O.       “Non-Anchored” means Connected or Non-Connected Covered Property that is not Anchored.

P.       “Non-Connected” means Covered Property not connected to the Service Provider’s network.

Q.       “Non-Covered Accessories” as used in this Certificate means: All accessories not included in the definition of Covered Accessories.

R.       “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.

S.       “Nonstandard Software” means software, other than Standard Software.

T.        “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.

U.       “Service Provider” means: AT&T

V.       “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.

W.      “Standard Software” means the operating system pre-loaded on or included as standard with the Covered Property from the manufacturer.

X.       “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, New Hampshire, 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) The introductory paragraph in Section II is amended as follows: 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 II.F.: This exclusion applies to repairs, servicing, or maintenance not authorized by us. (iii) The second sentence in the first paragraph of Section III. B. is deleted in its entirety. (iv) The following is added to Sections V. E. and VI.G.:Shipping costs will be at our expense. (v) 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. (vi) The following is added to Sections VI.H and VIII.G.: You may elect to have an attorney present during questioning. (vii) The following is deleted from Section VII.A.: “, or other longer period as required by law,” and “, or by providing additional notification time as required by law,”.(viii) Section VIII.B is deleted and replaced with the following: If we and you disagree on the value of the Covered Property or the amount or satisfaction of Loss, 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. (ix) Section VIII.H.2 is amended as follows: The action is brought within three (3) years from the date the claim was denied. (x) Section VIII.N. is amended to remove the word “material” from the second sentence in the section.

 

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.

 

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 following is added as section VII.A.4.: We may not cancel coverage based on the age of the enrolled device. (iii) 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:. (iv) NOTE “B” below is amended to include a statement or written statement of claim or an application. (v) 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.  (vi) Section VIII. H.2: “two (2) years” is amended to “five (5) years”.

 

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) 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 to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction.   (viii) Section VIII. H. 2. is amended as follows: “two (2) years” is amended to “three (3) years from the date it accrues.” (ix) NOTE “B” below does not apply.

 

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 and fifth sentences 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. YOU AND We agree NOT to participate in ANY CLASS ARBITRATIONS AND class actionS.    (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) The term “sole” is deleted in its entirety throughout this Certificate.

 

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 Hampshire: (i) Section VI.C. is amended to add the following: The failure to report a Loss within the required time period shall not result in a claim denial unless such delay operates to prejudice our rights. (ii) The first sentence of Section X. A. is amended by deleting the following language: “or if the above arbitration provisions are determined to be invalid or unenforceable with respect to you,”.

 

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. (v) New York residents may purchase insurance separately for a monthly premium of $6.99 per device.

 

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: (i) 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. (ii) The following is added to Section VIII. N.: In the event of any material change in the coverage terms, we will provide at least thirty (30) days written notice.

 

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: Cancellation Request, 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.

 

West Virginia: VIII.G. Arbitration Agreement is amended as follows:   If we and you do not agree whether coverage is provided under this Certificate for a claim made by or against you, both we and you may, by mutual consent, agree in writing to arbitration of the disagreement.  If we and you agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third arbitrator. If they cannot agree upon the selection of a third arbitrator within 30 days, both parties must request that selection of a third arbitrator be made by a judge of a court having jurisdiction. Unless you and we agree otherwise, any arbitration proceeding will take place in the county of your billing address. Local rules of law as to procedure and evidence will apply. A decision agreed to by any two will be binding. Payment of the arbitrator's fee shall be made by us if coverage is found to exist. If coverage is not found, each party will: (a) pay its chosen arbitrator; and (b) bear the other expenses of the third arbitrator equally. 

 

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

P.O. Box 411605

Kansas City, MO 64141-1605

1-888-562-8662

 

 

 

 

AT&T MULTI-DEVICE PROTECTION PACK ENHANCED 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 the AT&T Multi-Device Protection Pack (as defined below). These Terms of Service make up the agreement between AT&T and you for the provision of Multi-Device Enhanced Support portion of the AT&T Multi-Device Protection Pack (“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.         AT&T MULTI-DEVICE PROTECTION PACK.  

AT&T Multi-Device Protection Pack is a bundle offer for the provision of Multi-Device Insurance, Multi-Device Enhanced Support and Mobile Locate on up to 3 eligible devices (“MDPP”). For a list of devices eligible for MDPP, go to att.com/mdpp (“Eligible Device”).

 

MDPP is available to you if you are a wireless customer of AT&T with at least one Eligible Device that is either (i) a smart phone, a feature/messaging phone, an air card, a Mifi; or (ii) a tablet, in each case owned or leased by you, and associated with a wireless phone number for which you have a post-paid account with AT&T for the provision of wireless services (an “Anchor Device”).

 

To subscribe to MDPP, you will be required to enroll the wireless phone number associated with your Anchor Device.  You must provide the wireless number associated with your Anchor Device, including area code, when seeking assistance in connection with the provision of MDPP Enhanced Support Service (as defined below).

 

You may add up to two (2) Non-Anchor Devices (as defined in Section III below) to your MDPP at no additional monthly cost at any time after you enroll into MDPP.  

 

As a customer of MDPP, an Eligible Device will automatically become one of the 2 Non-Anchor Devices under your MDPP if you (i) file a Multi-Device Insurance claim under the MDPP Program Coverage Certificate as part of your MDPP on such Eligible Device, or (ii) request the provision of MDPP Enhanced Support Service on such Eligible Device, or (iii) download the Mobile Locate application on such Eligible Device (other than laptops), provided, the Mobile Locate application is compatible with for such Eligible Device. 

 

II.        SCOPE OF MDPP ENHANCED SUPPORT SERVICES.

MDPP Enhanced Support Services.  MDPP enhanced support service is a monthly subscription service for the provision of personalized concierge support services to assist with most “how-to” and functionality questions relating to Eligible Devices and mobile applications, available to you only as part of MDPP (“Multi-Device Enhanced Support”, “MDPP Enhanced Support Service” or “MDPP ES” ”).  

 

More specifically, MDPP ES includes assistance in the following categories:

1.        Basic Functionalities:  such as Bluetooth settings; downloading files and music; menu navigation; USB connection settings sending and receiving pictures; and other.

2.        Email/Internet Connectivity:   such as setting up email and messenger on Eligible 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; device maximization in the home; and other.

4.        Technical Support:  such as difficulties with charging/powering Eligible Devices; display issues; software issues; Bluetooth errors; email setting errors; and other. In addition, certain virus/malware detection and removal service is available.

For more information on types of MDPP ES and types of Eligible Devices they are available on, go to www.att.com/mdpp

 

MDPP ES may be provided by means determined by AT&T at its sole discretion. For details on how MDPP ES is provided, available tools, hours of operation and other information, go to att.com/mdpp.

 

AT&T will use commercially reasonable efforts to provide MDPP ES. This means that if AT&T cannot resolve your problem with respect to your Anchor Device or any Non-Anchor Device 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 your Anchor and Non-Anchor 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 could 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. MDPP 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 MDPP ES. 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 att.com/mdpp.  We may also recommend a certain course of actions for you to follow that is necessary to receive the MDPP Enhanced Support 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 MDPP ES.  

 

III.      ELIGIBLE DEVICES.

 

MDPP Enhanced Support Service is automatically linked to the wireless phone number enrolled in the MDPP and its associated Anchor Device and is available on such Anchor Device and up to two (2) Non-Anchor Devices.  

 

“Non-Anchor Device” is an Eligible Device that is (i) a smart phone, a feature/messaging phone, an air card, a Mifi, for which AT&T provides wireless service on the same post-paid account as your Anchor Device, or (ii) a tablet or a laptop that has a Windows Vista, OS X, Android, iOS or newer operating system, in each case owned or leased by you, regardless of whether AT&T provides wireless service on such tablet or laptop.   

 

If AT&T is your wireless carrier for the provision of wireless services on a Non-Anchor Device, such Non-Anchor Device is a “Connected Device”.  If AT&T does not provide wireless services on your Non-Anchor Device, such Non-Anchor Device is a “Non-Connected Device”.

 

Non-Connected Devices exclude smartphones, feature/messaging phones, air cards,  and Mifi(s).  

 

In no event will MDPP ES be available on more than three (3) Eligible Devices at any given time. 

 

IV.      REMOTE ACCESS TOOLS; SOFTWARE.

 

You may be asked if you desire to use a remote access tool for the provision of MDPP ES. For a list of Eligible Devices on which a remote access tool is available please go to att.com/mdpp (“Eligible Device”).

 

To receive MDPP Enhanced Support Service on your Anchor and any Non-Anchor Device by using a remote access tool, you are required to download and run certain software application on such Anchor or Non-Anchor Device that will allow remote access to your Eligible Device and its contents to aid in the diagnosis and provisioning of the MDPP ES (the “Remote Access Software”).  If your Anchor or Non-Anchor Device does not allow remote access, but you desire to receive MDPP Enhanced Support Service through use of a remote access tool, you may be required to download and run the Remote Access Software on a tablet and/or a laptop that is not an Eligible Device and not covered under MDPP (a “Facilitating Device”).  In such case, we will facilitate the provision of MDPP Enhanced Support Service by using the remote access tool only if you own or lease such Facilitating Device. 

 

In addition, you may be required to download and run other software applications necessary for the provision of MDPP Enhanced Support Service (“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 MDPP ES. 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 MDPP ES.

 

V.       CHARGES.

There is a monthly recurring subscription fee for MDPP that will be billed to the wireless account you have with AT&T for the wireless phone number associated with your Anchor Device (“MDPP Fees”).  On your bill, we may allocate the MDPP Fees between the Multi-Device Insurance and MDPP ES.  Regardless of such allocation, you are responsible for paying MDPP Fees, including all charges for or resulting from MDPP ES provided under this Agreement, 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 MDPP Fees, including charges and fees allocated to MDPP Enhanced Support Service even if AT&T does not resolve your problem for reasons described in this Agreement.  

 

Payment for all charges is made in advance.  In the event MDPP is cancelled for any reason, the provision of MDPP ES and this Agreement will automatically terminate and the MDPP Fees, including those allocated to MDPP ES,  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 MDPP.

 

VI.      CHANGES TO CHARGES AND TERMS.

We may change any term, condition, fee, expense, or charge regarding MDPP Enhanced Support Service or add new fees to the MDPP 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 MDPP Fees, or institute new fees or charges, or materially change the scope of MDPP ES, 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.

 

VII.    TERMINATION.

You may cancel the provision of MDPP Enhanced Support Service or terminate this Agreement at any time by cancelling MDPP.  AT&T may, at its sole discretion, interrupt, suspend or cancel your MDPP, which will interrupt, suspend or cancel your MDPP ES and terminate this Agreement, without advance notice for any reason, including, but not limited to the following:  if we believe that (i) you violate any term of your MDPP, 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 Anchor and/or Non-Anchor Devices are being used for an unlawful purpose or in a way that may adversely affect our network or MDPP ES; or (v) you attempt to resell MDPP ES.  Any provision of this Agreement which by its context is intended to apply after termination of this Agreement will survive termination. 

 

 

VIII.   CUSTOMER REPRESENTATIONS AND WARRANTIES.

You represent and warrant to us that you are a legal license holder of the software you use.  You also represent and warrant to us that you own or lease your Anchor Device, Non-Anchor Devices and the Facilitating Device, including associated hardware, for which you request AT&T to provide you with the MDPP Enhanced Support Service. AT&T will not assist you if you are not the legal license holder of software and owner/lessee of the Eligible Devices under your MDPP and Facilitating Device.

 

IX.      PRIVACY.

The MDPP Enhanced Support Service is subject to the AT&T Privacy Policy located at http://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, and require those third parties to protect it in a manner consistent with the AT&T Privacy Policy.

 

X.       DISCLAIMER OF WARRANTIES.

YOUR PURCHASE AND USE OF MDPP ENHANCED 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) MDPP ENHANCED SUPPORT SERVICE OR ANY SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) MDPP ENHANCED SUPPORT SERVICE OR ANY SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE MDPP   ENHANCED 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 MDPP ENHANCED SUPPORT SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN MDPP ENHANCED SUPPORT SERVICE WILL BE CORRECTED.  AT&T DOES NOT WARRANT THAT MDPP ENHANCED SUPPORT SERVICE WILL BE ERROR FREE OR THAT THE SOFTWARE IS FREE OF HARMFUL CODE. IF YOUR USE OF MDPP ENHANCED 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 MDPP ENHANCED 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, MDPP ENHANCED 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.

 

XI.      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 MDPP ENHANCED SUPPORT SERVICES OR ANY SOFTWARE USED IN CONNECTION WITH THE PROVISION OF MDPP ES, (B)  ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OR ADVICE PROVIDED IN CONNECTION WITH MDPP ENAHNCED SUPPORT SERVICES, AND/OR (C) THE INABILITY TO USE MDPP ENHANCED 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 MDPP ENHANCED 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 MDPP ENHANCED 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.

 

XII.    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 MDPP Enhanced Support Service   This obligation shall survive termination of this Agreement (including termination of MDPP or MDPP Enhanced Support Service).

 

 

XIII.   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.

 

 

XIV.  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 our 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

 

A.       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:

1.        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;

2.        claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

3.        claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

4.        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.

B.       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 att.com/arbitration-forms.

C.       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 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at 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.

 

D.       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:

1.        pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and

2.        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.

E.       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 an arbitration, AT&T agrees that it will not seek such an award.

F.        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.

 

XV.    IMPORT/EXPORT CONTROL:

You acknowledge that MDPP ES 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.

 

XVI.  GENERAL INFORMATION:

This Agreement, and any other policies or guidelines referenced herein, constitute the entire agreement between AT&T and you in connection with MDPP Enhanced Support Service. This Agreement governs your use of MDPP Enhanced Support Service, 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 MDPP Enhanced Support Service 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.

 

XVII. RESERVATION OF RIGHTS AND TRADEMARK INFORMATION:

You understand and agree you receive no title or right of ownership in MDPP Enhanced Support Services 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 MDPP Enhanced Support Services, Software or other materials related to MDPP ES 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. © 2014 AT&T Intellectual Property. All rights reserved.