Effective October 16, 2019
The Pocket Geek® Service (“Service”), provided by The Signal, LP (“Our”, “We”, or “Us”), offers protection plan policy and claims management, and troubleshooting for and information on how to repair common problems that occur in mobile devices, home products, and smart devices (“Smart Product(s)”), that qualify for the Service, in part through the use of a mobile application that can detect common problems (“App”) and an internet-based portal (“Web Portal”).
If you reside in Australia, the United Kingdom, Italy, Germany, or Spain, please see the sections at the bottom of this Agreement titled “Additional Terms for Residents of” your respective country for additional terms that apply to you and which may modify terms otherwise contained in this Agreement.
The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, then you agree to review these Terms of Service with your parent or legal guardian to make sure that both you and your parent or legal guardian understand and agree to the terms of this Agreement and you agree to have your parent or legal guardian review and accept this Agreement on your behalf through Our App registration process. If you are a parent or legal guardian entering into this Agreement for the benefit of a child over 13 years, then you agree to and accept full responsibility for that child's use of the Service, including all financial charges and legal liability that he or she may incur.
You are solely responsible for ensuring that your use of the Service is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to use the Service, then the minimum age is the age that is mandated by that particular law. The right to access the Service is revoked in those jurisdictions where these Terms of Service or use of the Service are prohibited; or to the extent that the offer, sale or provision of the Services conflicts with any applicable law, rule or regulation.
The Service should not be used or relied on as an emergency locator system, used while driving or operating vehicles, used in connection with any hazardous environments requiring fail-safe performance, or used in any other circumstances in which the failure or inaccuracy of that application or the Service could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge and agree that We have offered the Service, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that (i) the warranty disclaimers and the limitations of liability set forth in this Agreement reflect a reasonable and fair allocation of risk between you and Us, (ii) the warranty disclaimers and the limitations of liability set forth in this Agreement form an essential basis of the agreement between you and Us, and (iii) We would not be able to provide the Service to you on an economically reasonable basis without these limitations and disclaimers.
Scope of Service
During the term of the service contract that covers the Smart Product and subject to the terms of this Agreement, you may use the Service in connection with Smart Product(s) owned or leased by you that are covered under one of Our or Our affiliate’s service contracts (“Covered Smart Product”). To use the Service, you must have a mobile device, Smart Product, or a Web Portal that is compatible with the Service. Certain premium features of the Service may not be available on the Web Portal and We do not warrant that the Service will be compatible with your mobile device, Smart Product or Web Portal.
Privacy Notice and Guidelines to Service
Please read the Pocket Geek® Privacy Notice, (located at my.pocketgeek.com/privacy, and hereby incorporated by reference) carefully for disclosures relating to the collection, use, and disclosure of your personal information. You must accept the Pocket Geek® Privacy Notice in order to use the Service.
Modification to This Agreement
We reserve the right, at Our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted.
Ownership and Proprietary Rights
The content, visual interfaces, information, graphics, design, compilation, software (including, but not limited to, the App and Web Portal), and all other elements of the Service (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed through the Service are proprietary to Us, Our affiliated companies and/or third- party licensors. Except as expressly authorized by Us in the End User License section below, you agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Materials to any other party.
The Service is not available to persons under the age of 13 or to any users suspended or removed from the Service by Us. You agree that the information you provide to Us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
When you register as a member, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times and follow industry best practices for protecting your account.
YOU MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
We reserve the right to suspend your account and/or require you to alter your password if We believe for any reason that your password is no longer secure.
YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
You agree that all Communications between You and Us will be conducted electronically. We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) on the App or Web Portal; (3) via text message or mobile message service; or (4) any other method to the extent permissible by law. With respect to text message and mobile messaging service communications, your carrier may charge you a fee for receiving the message. “Communications” means all notices, surveys, questionnaires, reports, documents, disclosures or other information that We are required to provide to You by law, or as reasonably necessary to provide the Service. Communications also means any marketing offers We may send through any of the methods identified below or any other electronic medium allowed by law. Your consent does not automatically expire and is not limited as to duration. We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) on the Site; (3) via text message or mobile message service; or (4) any other method to the extent permissible by law. With respect to text message and mobile messaging service communications, your carrier may charge you a fee for receiving the message.
You may withdraw Your consent to receive marketing Communications electronically by emailing Us at email@example.com. You agree to allow Us a reasonable amount of time to process your request. You may request a paper copy of any Communication by emailing Us at firstname.lastname@example.org. We may charge You a reasonable service fee for a paper copy. If you cannot access Your Communications, You must immediately notify Us so We can help identify the issue, or arrange to have the Communications delivered via alternative means.
It is Your responsibility to provide Us with accurate contact information, including but not limited to a valid e-mail address. You must promptly advise us of any changes in your contact information. You can update Your contact information through the App. To view any Communication, you will need a mobile device or Web Portal with Internet access.
Payment Terms, Cancellation, and Refund Policy
Other Fees, if any, to be charged to you for your use of the Service, are disclosed when you register a device or Smart Product. You agree to pay any fees due for and incurred by your use of the Service. The fees for your use of the Service may be managed by your mobile operator or Administrator. If so, please refer to your mobile operator’s billing statement for charges related to the Service and contact your provider directly with any questions or comments related to these fees.
Any additional fees to be charged for your use of the Service following registration (such as in-app purchases) will be disclosed to you before We request payment and will be charged only after you provide your payment details. We will make the App (or purchased features) available for download or use as soon as We accept your order.
You may be offered a no-charge trial period before any charges are incurred. If you choose to cancel during the trial period, you will not be charged. If you wish to discontinue using the Service after a trial period, you may cancel your subscription at any time. If you do not cancel during the trial period, you will be charged the fees that were disclosed to you upon registration.
Once you cancel you will not be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 13th of every month, and you cancel on the 22nd, you will still have to pay for the current month, but you will not be charged again after that. In order to treat everyone equally, no exceptions will be made. Please keep in mind, a cancellation by you will not generate a refund -- it will only stop future charges.
Usage Rules and Prohibited Conduct
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use the Services or any location information displayed within the Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
- use the Service if you are under the age of 13 years old;
- use the Service for any commercial or non-private use without Our written consent, it being understood that the Service is intended for individual, non-commercial use only;
- fail to deliver payment for the Service;
- use the Service for any illegal purpose, or in violation of any local, state national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- include offensive or pornographic materials in your in any transmission by or through the Services;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- use the Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
- use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage.
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other Users;
- share passwords or access to your mobile device or Web Portal while the Services are running and/or accessible with any third party or encourage any other user to do so;
- misrepresent the source, identity or content of information transmitted via the Services;
- remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Service, digital rights management technologies that are integrated in the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service;
- intentionally interfere with or damage operation of the Service or any user's enjoyment of the Service, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- use any robot, spider, scraper or other automated means to access the Service for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Service or modify the Service in any manner or form, nor to use modified versions of the Service, including without limitation for the purpose of obtaining unauthorized access to the Service; or
- sell or transfer or allow another person to access your account password, profile, or account.
Refusal and Suspension of Service
We reserve the right, but have no obligation, to have Our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, We also reserve the right to disable any user's use of or access to the Services and the location information or profiles of other users, for any reason and without any notice. We reserve the right to suspend your access to the Service for any reason and without any notice unless otherwise prohibited by law.
The Services may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Us or Our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, you shall retain all of your ownership rights in your User Submissions.
By submitting a User Submission, you hereby grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission in connection with the Service and Our (and Our successors’ and assigns’) businesses, including, without limitation, for marketing or promotional purposes, in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account, the Service, or your use of the Service. To the extent any User Submission you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.
For clarity, the foregoing license grant does not affect your ownership or other license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to Us without infringement or violation of any third-party rights including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights
Except where prohibited by applicable law, by submitting a User Submission through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from Our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission.
We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time We choose, in Our sole discretion, to monitor User Submissions, We nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, We do not endorse and have no control over the content of User Submissions submitted by other Users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, We reserve the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
Third-Party Sites, Products, and Services
The Service may include links to other web sites, products, offers, or services solely as a convenience to users. We do not endorse any such linked sites or the information, material, products or services contained on or accessible through other linked sites. Furthermore, We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
End User Licenses Agreement
- License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to (i) access the Web Portal using the account issued to you and (ii) download, install and use the App on your mobile device or Smart Product to access the Service for the Covered Smart Product(s). We also hereby grant you a non-exclusive, non-transferable, revocable license to copy and use in connection with your personal use of the Service the Materials (other than the Web Portal or App).
Restrictions. You may not:
- modify, disassemble, decompile or reverse engineer the App or Web Portal, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Materials to any third-party;
- make any copies of the Materials;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the App or Web Portal, features that prevent or restrict use or copying of any content accessible through the App or Web Portal, or features that enforce limitations on use of the App or Web Portal;
- delete the copyright and other proprietary rights notices on the Materials.
- take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our (or Our third party providers’) infrastructure; or
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
- Software Upgrades. You acknowledge that We may from time to time issue upgraded versions of the App or Web portal and that it may be necessary to use the most current version of the App or Web portal to use the Service.
- Open Source. With respect to any open source or third-party code that may be incorporated in the Service, such open source code is covered by the applicable open source or third-party license EULA(s), referenced under Open Source Attributions in the PocketGeek Application, authorizing use of such code. Current licensing information relating to the use of free and open-source software that may be contained in portions of the product, can be found there.
- Rights Reserved. The foregoing license grants under this Agreement are not a sale of the Materials or any copy thereof and We and Our third-party licensors retain all right, title, and interest in the Materials. Any attempt by you to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under this Agreement.
- Government End Users. If the Service is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Materials, including without limitation the Web Portal and App, by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
- Export Control. The App is subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App.
Violations and Termination
You agree that We, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) for the Service and remove and discard all or any part of your account at any time. You agree that any termination of your access to the Service or any portion thereof may be impacted without prior notice, and you agree that We will not be liable to you or any third- party for any such termination nor obligated to reimburse you for payments made to Us (if any). These remedies are in addition to any other remedies We may have at law or in equity.
Indemnification and Disclaimer of Warranties
You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third-party claims relating to your use of the Service, any violation of the Agreement, or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT THAT (i) THE SERVICE OR MATERIALS WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE SERVICE OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY DEFECTS OR ERRORS IN THE SERVICE OR MATERIALS WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE OR MATERIALS, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE OR MATERIALS; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; OR (7) ANY OTHER MATTER RELATING TO THE SERVICE OR MATERIALS.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE AND MATERIALS, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dispute Resolution; Arbitration
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED HEREIN, AND IF YOU DO NOT OPT-OUT AS SET FORTH, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Read the following arbitration provision carefully. It limits certain rights, including your right to obtain relief or damages through court action.
Governing Law. This Agreement shall be construed, interpreted and performed exclusively according to the laws of the State of Pennsylvania, United States of America, without giving effect to any principles of conflicts of law.
Waivers. Both You and We hereby expressly waive trial by jury. Both You and We waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both You and We waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
Arbitration of Disputes. Unless you opt-out specifically as set forth in this Section, you agree that all disputes between You and Us (whether or not such dispute involves a third party) with regard to this Agreement or Your use of the Service will be resolved by binding, individual arbitration, except for disputes relating to the infringement of Your or Our intellectual property (such as trademarks, trade dress, copyright and patents) or where We are seeking a preliminary injunction (“Excluded Disputes”). To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Consumer Arbitration Rules (“Consumer Rules”) of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of the AAA's Consumer Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) 778-7879 or visiting www.adr.org. Unless You and We agree, the arbitration will take place in the county and state (or equivalent political subdivision) where you live. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. In the event this Arbitration provision is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
Opt Out of Arbitration. If You do not wish to have any dispute between You and Us arbitrated, You must notify Us in writing within thirty (30) days of the date that You first became subject to this arbitration clause. You may provide such notice by emailing us at email@example.com. Your opt-out notification to Us must include (1) your name, (2) your postal address, (3) your e-mail address, and (4) a clear statement that You do not wish to resolve disputes with Us regarding the Service through arbitration. Please note that opting out of arbitration will not affect any other agreements or waivers made in this Section.
Venue. If You have not validly opted out of arbitration, You expressly agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts sitting Delaware County, PA and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to extra-territorial service of process. If You have validly opted out of arbitration, You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to this Agreement or the Services shall be filed only in the federal or state courts sitting in Delaware County, PA and You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to this Agreement or the Services, and to extra-territorial service of process.
Digital Millennium Copyright Act Compliance
It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, We will promptly terminate without notice the accounts of Users that are determined by Us to be "repeat infringers." A repeat infringer is a User who has been notified by Us of infringing activity violations more than twice and/or who has had a User Submission removed from the Service more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on or through the Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Service are covered by a single notification, a representative list of such works on the applicable Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PENNSYLVANIA WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE AND SUBMIT TO THE EXCLUSIVE JURIDICTION OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AND THE STATE COURTS LOCATED WITHIN DELAWARE COUNTY, PENNSYLVANIA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
All of the content on the Site is made available only for Your personal, lawful, non-commercial use. Use of the Site by a competitor company or other non-consumer third party is prohibited.
Our Products and Services
All coverages are subject to the terms and conditions of the insurance policies, extended service contracts and/or other products and services offered by Assurant. Coverages and the terms and conditions of the insurance policies, extended service contracts and/or other products and services offered by Assurant may vary by state or country and Your individual circumstances, and additional minimum coverage limits may be required in Your state or country. The claims services offered on the Site are only available in the jurisdictions in which Assurant is properly licensed.
You must ensure that the details You give to Assurant while using this Site are correct and that there are sufficient funds to cover the cost of the deductible, if any.
Although the term "extended service contract" and "extended warranty" are commonly used interchangeably, an extended service contract is not a warranty. A warranty is provided by a manufacturer and is included in the purchase price of the product. An extended service contract covers repair costs for specific components but is not an extension of the manufacturer's warranty. Please see terms and conditions for full details of coverage, limitations and exclusions.
Some services may be made available on the Site by third-parties not affiliated with Assurant. You agree that if You use or install any service provided by a third party, You will seek redress from that third party if its service causes any loss or damage to You. Assurant is not responsible for any product or service that is used or downloaded from a source other than Us. You further agree that any downloading, accessing, or using of third-party products or services is performed at Your own risk.
Availability of Site
Copyrights and Trademarks
Except as otherwise indicated, all materials on the Site, including without limitation the logos, names, copyrights and trademarks on the Site are proprietary marks of Assurant, Inc. or the images are used by Assurant with permission of the copyright owner. Note that Assurant may not own a copyright to material displayed on a third-party site that our Site links to. You must always seek permission from a site owner before copying any materials from them.
Unless otherwise agreed in writing, nothing on the Site shall be deemed to confer on any person any license or right to use any such image, logo, name, trademark or any other intellectual property and any such use will constitute an infringement of the rights of the holder.
Privacy and Passwords
Some portions of the Site may be protected and require a user identification code ("User ID") and/or password for access, including an SMS code for authentication. You understand and agree that data and/or text messaging rates may apply, and You are fully responsible for charges incurred, if any. Unauthorized access or use of the Site, Web Portal, or the App is prohibited. To obtain access to certain online services, You are given the opportunity to register. You are responsible for maintaining the confidentiality of Your details and Your password and for restricting access to Your computer to prevent unauthorized access to Your account. You accept responsibility for activities that occur under Your account and You should take all steps to ensure Your password is kept confidential. You agree to inform us immediately if You have reason to believe Your password is being used in an unauthorized manner. For Your protection, if Assurant believes that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to You. You also agree that Assurant is permitted to act upon any instructions received using Your User ID and password and to consider such instructions as authorized by You.
You must not use the Site in any way that causes or is likely to cause access to be interrupted, or impaired in any way and You acknowledge and agree that You are responsible for electronic communications sent from Your computer.
Credit/Debit Card Transactions
We may retain the credit/debit card details You provide to Us after payment has been made if You provide Us with consent, if required by Our payment processor or otherwise required by law. We do not maintain any security code that You may have given to Us in order to complete payment of a deductible, if any. This assists in reducing credit/debit card fraud. Except in exceptional circumstances, any refund We provide to You for any payment You have made by credit/debit card is made back to the credit/debit card account used to make the initial payment.
While Assurant uses all reasonable efforts to ensure that the information contained on the Site is current, accurate and complete at the date of publication, and we do our best to correct errors and omissions as soon as we can, all information, products, services, content and other material on the Site, accessible from the Site, or on a Third-party site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that Assurant expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, Assurant accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site and its content at their own risk. If You are in a state or country that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to You.
Limitation of Liability
Access to and use of this Site is at the user's own risk. Assurant shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or other law, even if we have been advised of the possibility of such damages. Assurant shall not be liable for any Third-party site, materials on any Third-party site or the inability to use any Third-party site; and defect, omission, error, interruption, delay, or computer virus; or the unauthorized alteration of or access to Your transmissions or personal data.
If You are in a state or country that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to You. However, You agree in any event that Assurant’s total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount You have paid for use of the Service, if any.
Monitoring of Telephone Calls and Emails
Telephone calls and email correspondence with Assurant as a result of Your access to the Site, App, or Web Portal may be recorded for training, administrative and security purposes, and as otherwise permitted by law. By using such communication methods, You are consenting to such recording and/or monitoring taking place.
Emails and Data Protection
Please note that there is no guarantee that any e-mail sent to this Site will be received by Assurant or that the message will remain confidential while being transmitted. Your email address and the content of Your email may be shared with, or disclosed, to third parties, who are necessary to address the content of Your email, and as otherwise permitted by law. Assurant may retain the content of the form or email, the email address and our response. This enables Assurant to retain an audit trail of our contact and provide You with the service or information You may have requested.
Jurisdiction and Enforceability
You agree that if Assurant chooses not to or delays in exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to Us.
We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.
This Agreement is personal to You, and is not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.
Our failure to enforce any part of this Agreement shall not constitute a waiver of Our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, We must provide you with written notice of such waiver through one of Our authorized representatives.
Additional Terms for Residents of Australia
If you are a resident of Australia, then the following terms apply:
Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon Us which cannot lawfully be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, then to the extent to which We are able to do so, Our liability will be limited, at Our option, to:
- in the case of any goods supplied by Us, either (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or
- in the case of any services performed by Us, either: (i) the performance of the services again; or (ii) the payment of the cost of having the services performed again.
If you are a consumer as defined in the Competition and Consumer Act 2010 (Cth) the following statement applies, as required by that Act:
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure; and
- the benefits provided by the warranty in (a) above are in addition to other rights and remedies available to you under that Act and similar legislation.
Additional Terms for Residents of the United Kingdom
If you are a resident of the United Kingdom and are a consumer, then the following terms apply:
Inapplicable provisions above
The following provisions of this Agreement stated above do not apply to residents of the United Kingdom: (a) the section titled “Limitation of Liability and Damages”; (b) the section titled “Indemnification and Disclaimer of Warranties”; and (b) the subsections titled “Waivers” and “Venue” in the “Dispute Resolution; Arbitration” section.
Right to cancel
You have a right to cancel within 14 days of download of the App and receive a refund where you have provided payment. To exercise this right, you will need to inform us of your decision by contacting us before the 14 day period expires. You also have a right to inform us using the model cancellation form below or by making any other clear statement. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation via e-mail or otherwise in writing without delay. Where you have provided payment, we will refund you the price you paid for the products including delivery costs (if applicable), by the method you used for payment within 14 days from the day you informed us of your wish to cancel.
(Complete and return this form only if you wish to withdraw from the contract)
I hereby give notice that I cancel my contract of sale of the following goods or for the supply of the following service:
Ordered on/received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Loss of right to cancel
You acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the App has begun on your request and your acknowledgement that you have thereby lost your cancellation right.
Please note that you will be responsible for all costs allowable if an award is made by a court or arbitration in Our favor in relation to any violation by You of the Agreement.
Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon Us which cannot lawfully be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions. Any legal rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of this Agreement.
We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and/or for fraud or fraudulent misrepresentation. If We fail to comply with the terms of this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or Our failing to use reasonable care and skill only, but We are not responsible for any loss or damage that is not foreseeable nor caused by Our breach. In no event shall the total sum of Our liability to you exceed [the amounts paid by You for accessing the Service during the twelve (12) months immediately preceding the date of your claim or] one hundred GBP (£100.00), whichever is greater (the “Cap”).
If the App, Site, or Web Portal is (a) provided for free; and (b) causes damage to your registered device, Smart Product, or other digital content on your registered device or Smart Product, and such damage is caused by Our failure to use reasonable skill and care, We will either, at our option, repair the damage or pay You appropriate compensation (which shall be limited to the Cap). However, We will not be liable for damage that You could have avoided by applying an update that was offered to you free of charge (e.g., via standard app update mechanisms from the location where You download or otherwise obtained the App) or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us (see the “Usage Overview” section above.)
We only supply the products for domestic and private use. If You use the products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. The Services are provided for general information and entertainment purposes only. They do not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Service. Although We make reasonable efforts to update the information provided by the Service, We make no representations, warranties or guarantees, whether express or implied that such information is accurate, complete or up to date.
You can bring legal proceedings in respect of the Services in the English courts.
In addition to the Dispute Resolution terms above, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be accessed here.
Details about the functionality and interoperability of the App are as
- Language: English (instructions are also in English)
- File type: Android and/or iOS Mobile App
- Access type: Download
- Access conditions: Internet access is required
- Restrictions: May vary by product or service
- Hardware and software requirements: Android and iOS devices
Additional Terms for Residents of Italy
If You are a resident of Italy and You are a consumer (i.e. a natural person entering into the subscription acting for purposes which are outside Your trade, business or profession, if any), then the following terms apply:
- You are entitled to cancel Your subscription within 14 days of the day when the subscription has been entered into. If We have already begun providing Service(s) upon Your request during the cancellation period, We will charge You only for the Service(s) provided before You cancelled.
- You are entitled to file complaints by contacting Us via the contact information provided below;
- by way of derogation to the section titled “Dispute Resolution; Arbitration”, (i) the choice of the governing law would not deprive You of any rights conferred to You by mandatory provisions of Italian law, and (ii) the Italian Courts of Your place of residence will be competent for disputes arising therein;
- any exclusion or limitation of liability mentioned in the Agreement is only applicable to the extent allowed by applicable law;
- any assignment, transfer or delegation of any of Our rights and obligations hereunder shall not impair the enforcement of Your rights under this Agreement.
Additional Terms for Residents of Germany
If You are a resident of Germany, then the following terms apply:
The following provisions of this Agreement stated above do not apply to residents of Germany: (a) the section titled “Limitation of Liability and Damages”; (b) the section titled “Indemnification and Disclaimer of Warranties”; and (b) the subsections titled “Venue” in the “Dispute Resolution; Arbitration” section. The choice of law made in this Agreement in favor of the State of Pennsylvania of the United States, shall not deprive you of the protection afforded to you by the mandatory consumer protection laws of the Federal Republic of Germany.
We are liable for losses caused intentionally or with gross negligence, by Us, our legal representatives or senior executives. We are liable for death, personal injury or damage to health caused by the intent or negligence of Us, our legal representatives or assistants. We are liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for Us at the time the warranty was given. We are liable in accordance with the German Product Liability Act in the event of product liability.
We are liable for losses caused by the breach of our primary obligations, or those of our legal representatives or assistants. Primary obligations are such basic duties that form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which You may rely. If We breach our primary obligations (Kardinalpflichten) through simple negligence, then ensuing liability shall be limited to the amount which was foreseeable by Us at the time the respective Service was performed.
Any further liability of Us is excluded.
Additional Terms for Residents of Spain
If you are a resident of Spain, then the following terms apply:
Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon Us which cannot lawfully be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions.
If you are a consumer as defined in the General Law for the Protection of Consumers and Users ("Ley General para la Defensa de los Consumidores y Usuarios") the following applies:
- Any dispute, claim or controversy that arises in connection with this Agreement will be subject to the laws of the State of Florida, United States of America, except for the application of provisions of Spanish law which cannot be derogated from by agreement. Further, You and We agree to the exclusive jurisdiction of the courts and tribunals of your domicile.
- In relation to Clause Indemnification and Disclaimer of Warranties, in the case of any goods supplied by Us, those goods come with guarantees that cannot be excluded under the Spanish General Law for the Protection of Consumers and Users. If those goods do not conform to the agreement you are entitled to have the goods repaired or replaced, to a reduction in price, or to the termination of the agreement in the terms established by the consumer legislation.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
Please contact email@example.com with any questions or comments.