In the Terms, the words: (a) “Asurion” and “We” and “Us” mean Asurion, LLC and its parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns; (b) “Solution Hub” and “the Site” mean the Site and the services provided through the Site; and (c) “You” and “Your” mean an individual who uses the Site and any person or entity represented by that individual.
Subject to these Terms, Asurion grants You a personal, revocable, non-transferable, non-exclusive limited right to access and use the Site for the purpose of receiving services from Asurion and not for any other purpose, including a commercial or business one. We grant You no other rights, beyond what is expressly granted to You in the Terms, and We hereby reserve any and all other rights, including the right to change or discontinue the Site and/or Your access to and use of the Site at any time, for any reason and without notice or liability to You.
The Site is intended for Your personal use only and is not intended for any commercial or business use. You may use the Site only if You can form a binding contract with Asurion and You are not a person who is barred from using the Site by laws of any applicable jurisdiction.
You shall not use the Site in any way that violates any applicable laws, rules or regulations or infringes any copyright, trademark or other intellectual property right of any third party or discloses a trade secret or confidential information. Additionally, You shall not use the Site in any way that: (a) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site; (b) removes, obscures, or alters any proprietary, copyright or trademark notices on the Site; (c) modifies, adapts, improves, enhances or makes any derivative work from the Site; (d) interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (e) compiles, uses, downloads, distributes or otherwise copies the Site or any portion thereof; (f) is fraudulent or unlawful or contains defamatory or illegal information, images, materials or descriptions; (g) promotes or provides instructions for illegal activities; (h) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (i) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (j) uses any robot, spider, or other automatic or manual process to monitor or copy the Site or any portion thereof; or (k) sends unsolicited commercial messages or communications or causes such messages to be sent.
You must create an account and establish a password to use the Site. You agree to provide Us with current, complete and accurate information when creating Your account and using the Site. You are solely responsible for any activity that occurs on or in relation to Your account and for keeping Your password confidential, and You are solely liable for any damages resulting from Your failure to do so. If You believe that the confidentiality of Your account or password has been compromised, You should change Your password immediately.
The Site may allow You to submit content that You have created to Us, including suggestions, comments or reviews of the services provided by Us (“Submission”). You acknowledge and agree that any Submission by You is non-confidential and non-proprietary and is Our sole and exclusive property and shall not be returned to You. You fully and irrevocably authorize Us to publish or use the Submission in whole or in part, in any manner and/or to distribute the Submission in any medium and through any technologies or channels existing now or in the future. You represent and warrant that You own or have the necessary rights, without the need for any permission from or payment to any other person or entity, to use and to authorize Us to use the Submission. You acknowledge and agree that You will not be provided with any payment or other consideration for any use of the Submission and that You have no expectation to be compensated for any use of the Submission.
The Site may expose You to content, websites, products and services created or provided by parties other than Asurion (“Third-Party Content”). We do not review, endorse or assume any responsibility for Third-Party Content and shall have no liability to You for Your access to or use of Third-Party Content. You access or use Third-Party Content at Your own risk and discretion, and You understand that the Third-Party Content may be subject to other terms and privacy policies.
You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Site are Our exclusive property, and all such rights not expressly granted to You in the Terms are hereby reserved and retained by Us. If You submit comments or ideas about the Site, including ways to improve it or other Asurion products or services (“Ideas”), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation to You and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that We do not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
We have a policy of removing content from the Site that violates applicable copyright law. To notify Us of a possible copyright infringement, You should send a statement to Us by email at DMCAnotification@asurion.com or by certified mail at Asurion Legal Department, P.O. Box 110656, Nashville, TN 37122-0656. The statement should contain the following information: (a) Your contact information; (b) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is infringed; (c) identification of the copyrighted work claimed to have been infringed; (d) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (e) a statement that You have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense arising out of or in connection with the following: (a) Your use or misuse of the Site; (b) Your alleged or actual breach of the Terms; (c) Your alleged or actual violation of any applicable rule, law, regulation or intellectual property or other right of third parties; or (d) Your negligence or willful misconduct. We reserve the right to assume the exclusive defense and control of any such matter at Your expense, and You agree to cooperate in that defense.
The consumer protection laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of statutory warranties and or representations made regarding the Site. Consequently, the following disclaimer shall apply to You only to the maximum extent permitted by applicable law.
A. YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE SITE IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SITE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SITE. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SITE AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS.
B. IN THE EVENT OF ANY FAILURE OF THE SITE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY US AND WE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SITE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
The consumer protection laws of certain jurisdictions, including Quebec, do not allow certain exclusions or limitations of liability or of certain damages. If these laws apply to You, some or all of the following exclusions or limitations may not apply to You, and You may have additional rights relative to the Site. Consequently, the following limitations shall apply to You only to the maximum extent permitted by applicable law.
A. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE.
B. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO US, IF ANY, OR $150.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Most of Your questions and concerns can be addressed by contacting Us at email@example.com. Please first contact Asurion and attempt to resolve any dispute You may have with Us informally, before proceeding in courts or otherwise.
Unless otherwise allowed by applicable law, such as Quebec consumer protection laws, any claim related to the Site shall be brought within one year of the events giving rise to the claim. Failure to assert any such claim during that one-year period results in the claim being forever waived and barred.
If any provision of the Terms is found to be invalid or unenforceable, it should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the provision should be severed from the Terms. Any failure to enforce a provision of the Terms shall not be deemed a waiver of that provision.
Unless the applicable laws of Your jurisdiction require that the laws of such jurisdiction govern, such as Quebec, the Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to the conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The Terms constitute the entire agreement between You and Us with respect to the Site and supersede any prior or contemporaneous agreements.