The Navy Exchange

TERMS OF USE AND PRIVACY POLICY FOR ASURION ONLINE CUSTOMER CARE SITE

PLEASE READ THE TERMS OF USE AND PRIVACY POLICY (COLLECTIVELY “TERMS”) FOR THE ASURION ONLINE CUSTOMER CARE SITE (“THE SITE”) CAREFULLY AND COMPLETELY BEFORE USING THE SITE. THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ASURION AND GOVERN YOUR USE OF THE SITE. THE TERMS LIMIT THE LIABILITY OF ASURION TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTES WITH ASURION THROUGH BINDING AND INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT ACTIONS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT “CLICK” THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND/OR DO NOT USE THE SITE IN ANY MANNER.

contact Asurion at TERMSOFUSE@ASURION.COM with questions about the terms of use and at privacy@asurion.com with questions about the privacy policy.

TERMS OF SERVICE

1. DEFINITIONS.

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) “Online Customer Care Site” 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.

2. LICENSE.

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.

3. USE.

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 the United States or any other applicable jurisdiction. The Site is operated from facilities in the United States, and We make no representation that it is appropriate or available for use elsewhere.

4. RULES.

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.

5. PASSWORD & ACCOUNT.

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.

6. PRIVACY & SECURITY.

Our Privacy Policy is available here and explains Our policies with respect to the collection, use and disclosure of information related to or derived from Your use of the Site. Please read the Privacy Policy carefully and completely. It is incorporated by reference into the Terms, and by using the Site, You consent to the collection, use and disclosure of Your information as set forth in the Policy. Since We cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Us at Your own discretion and risk.

7. SUBMISSIONS.

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.

8. THIRD-PARTY CONTENT.

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.

9. INTELLECTUAL PROPERTY RIGHTS.

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.

10. NOTIFICATION OF COPYRIGHT INFRINGEMENT.

We have a policy of removing content from the Site that violates applicable copyright law, pursuant to Section 512 of Title 17 of the United States Code. 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.

11. INDEMNIFICATION.

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.

12. DISCLAIMER OF WARRANTIES.

The following disclaimer shall apply to You 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.

13. LIMITATION OF LIABILITY.

The following limitations shall apply to You 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.

14. ARBITRATION AGREEMENT.

Most of Your questions and concerns can be addressed by contacting Us at termsofuse@asurion.com. For any dispute relating to the Site, You agree to first contact Us and attempt to resolve the dispute informally.

A. In the event We cannot resolve the dispute, YOU AND WE agree to resolve any 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 to waive our rights to a JURY trial and to participate in CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement (“A.A.”) shall survive the termination of the Terms and is governed by the Federal Arbitration Act. This A.A. shall be interpreted broadly, and it includes any dispute You have with Us that arises out of or relates in any way to the Site or to Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this A.A. does not preclude You from bringing an individual action against Us in small claims court or from informing any federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your behalf.

B. To initiate arbitration, send a written Notice of Claim by certified mail to: Legal Department, P.O. Box 110656, Nashville, TN 37122-0656. The Notice must describe the dispute and the relief sought. If We do not resolve the dispute within 30 days of receipt of the Notice, You may start an arbitration with the American Arbitration Association (“AAA”). You can contact the AAA and obtain a free copy of the rules and forms necessary to start an arbitration proceeding at www.adr.org or 1-800-778-7879. We will reimburse You for a filing fee paid to the AAA, and if You are unable to pay a filing fee, We will pay it if You send a written request by certified mail to the Legal Department.

C. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“Rules”) in effect at the time the arbitration is started and as modified by this A.A. The arbitrator is bound by the terms of this A.A. and shall decide all issues, with the exception that issues relating to the enforceability of this A.A. may be decided by a court. If Your dispute is for $10,000 or less, You may conduct the arbitration by submitting documents to the arbitrator or by telephone. If Your dispute is for more than $10,000, Your right to hearings will be determined by the Rules. Unless otherwise agreed, any hearings will take place in the county/parish of Your mailing address. We will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). In that case, the Rules govern payment of such fees.

D. The arbitrator shall issue a decision including the facts and law upon which his/her decision is based. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement offer made by Us or if We made no settlement offer, and the arbitrator awards You any damages, We will: (1) pay You the amount of the award or $2,500, whichever is greater; and (2) pay Your attorney, if any, the attorney's fees and expenses reasonably incurred by him/her in the arbitration. While that right to attorney’s fees/expenses 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/expenses. We hereby waive any right We may have under applicable law to recover attorney’s fees/expenses from You if We prevail in the arbitration.

E. If You or We seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You or Us relief. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST the OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate Your dispute with the dispute of any other person and may not preside over any form of representative or class proceeding. If this specific provision of this A.A. is found to be unenforceable, then the entirety of this A.A. is null and void.

15. CLAIM LIMITATION.

Unless otherwise allowed by applicable law, 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.

16. SEVERABILITY & WAIVER.

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.

17. GOVERNING LAW & ENTIRE AGREEMENT.

The Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The Terms constitute the entire agreement between You and Us with respect to Solution Hub and supersede any prior or contemporaneous agreements.

PRIVACY POLICY

GENERAL INFORMATION:

The Asurion Online Customer Care Site (the "Site") is a website that is operated by Asurion, LLC ("Asurion"). Asurion respects the privacy of visitors who use the Site. This Privacy Policy describes how Asurion treats Your use of the Site, including the handling of Your personal information. Asurion reserves the right to revise or update this Privacy Policy at any time, and You agree to be bound by those revisions or updates. Asurion will notify You of any changes to the Privacy Policy by posting the revised or updated Privacy Policy and its Effective Date on the Site. Your use of the Site thereafter constitutes Your agreement to and acceptance of the Privacy Policy and its revisions or updates. You should periodically read the Privacy Policy to learn of any revisions or updates. If You do not agree to any terms of the Privacy Policy, please do not use the Site.

INFORMATION COLLECTION:

Asurion may share both Your personally identifiable information and non-personally identifiable information with its affiliates, subsidiaries, partners and other third parties, such as third parties who help operate the Site and its related databases.

NON-PERSONALLY IDENTIFIABLE INFORMATION:

Asurion gathers certain broad, non-personally identifiable information ("Non-PII") about use of the Site, including the number of unique visitors to the Site, the frequency with which they visit the Site and the services preferred by those visitors on the Site. Asurion looks at the data regarding use of the Site in summary form, rather than on an individual basis. Asurion gathers this Non-PII data so it can learn, for example, which pages of the Site are the most and least viewed by visitors and which third-party websites are referring visitors to the Site. The Non-PII data helps Asurion determine the extent to which visitors use certain parts of the Site and allows Asurion to tailor the Site in the future. In connection with these activities, Asurion may use the following standard technologies to collect information:

  • COOKIES: A cookie is a small, removable data file that is stored by Your web browser on Your computer. Asurion uses cookies to, among other things, identify Your computer during a particular visit to the Site and analyze Your behavior during a particular visit. Asurion does not store personal or sensitive information in cookies. Most Web browsers provide You with the ability to accept or decline cookies, as well as to be warned each time a cookie is being sent. If You choose to decline cookies, however, You may not be able to take advantage of all aspects of the Site.

  • PIXEL TAGS: Pixel tags, also known as beacons or clear GIFs, help Asurion better manage content on the Site by informing it of what content is effective. Pixel tags are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, pixel tags are embedded invisibly on Web pages.

  • IP ADDRESSES: Asurion collects and analyzes traffic on the Site by keeping track of the IP addresses of its visitors. An IP address is the unique numeric identifier assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify You personally. However, when combined with other information provided by Your Internet service provider, Your IP address can be used to identify the computer originating a message.

PERSONALLY IDENTIFIABLE INFORMATION:

Certain areas of the Site require You to provide personal information to Asurion. The Personally Identifiable Information ("PII") that Asurion collects may include Your name, phone number, e-mail address, username, password, claim ID, date of log-in, any details provided by You explaining circumstances under which You are requesting assistance or information from Asurion, or similar information. By submitting PII to Asurion, You agree that Asurion may use the information in accordance with this Privacy Policy. If You do submit PII to Asurion, Asurion may share that information with third parties, in addition to using that information for the purposes for which it was submitted by You. Asurion may also use Your PII in other ways, such as to provide You with information about products and offers that may be of interest to You, to seek follow-up from You about Your experiences with Asurion or as otherwise disclosed to You at the point of collection. Asurion may share Your PII with its affiliates, subsidiaries and partners and with other third parties for similar purposes. Additionally, to the extent required by applicable federal or state law, Asurion will provide Your PII to others. By submitting PII to Asurion, You give Asurion permission to receive it, review it, edit it, store it and use it in appropriate ways and settings.

PROTECTION OF PII:

Asurion uses commercially reasonable safeguards to maintain the confidentiality of Your PII. Asurion will take appropriate technical and organizational measures to protect Your PII against: (1) accidental or unlawful destruction; (b) accidental loss; and (c) unauthorized alteration, disclosure or access. However, no security systems are impenetrable, and Asurion cannot guarantee the security of the Site or its databases, nor can Asurion guarantee that the information that You supply to Asurion will not be intercepted while being transmitted over the Internet.

SHARING OF PII AND NON-PII:

For the purpose of operating its business, Asurion may transfer PII and Non-PII to service providers who use that information only to provide services to Asurion. For example, service providers may handle e-mail distribution, market research, information analysis and promotions management on behalf of Asurion. Asurion may also share PII and Non-PII in order to administer a Site feature. Asurion provides its service providers with the information they need to perform their services and works with them to protect Your information. In order to better understand Your preferences and better serve You, Asurion may combine information that it receives from You with information that it has or that it receives from other sources, transactions and communications. This may include information from the Site, as well as information from Asurion's contractors, direct mailings, events or other marketing efforts. Asurion also may combine the information that it receives from You with data that is publicly available and data that it receives from other reputable sources.

LEGAL AUTHORITIES:

Asurion reserves the right to share PII that You provide to Asurion with legal authorities if it is, in the sole opinion of Asurion, necessary to investigate, prevent or otherwise take action regarding suspected fraud, situations involving threats or potential harm or if otherwise required by law (such as by a subpoena, court order or other legal means). In the event that Asurion reasonably believes that You have violated any of the terms or policies governing Your use of the Site, Asurion reserves the right to use any information it has collected about You in connection with any investigations it makes or are made by any agents on its behalf.

TRANSFER OF PII AND NON-PII:

Asurion may transfer to or share Your PII and any Non-PII with an affiliate or third party as part of a transfer of business assets. Such a transfer would be within the scope of this Privacy Policy so long as the affiliate or third party agrees to continue to maintain use and storage of Your PII in accordance with this Privacy Policy.

THIRD PARTY SITES:

The Site may contain links to other websites, including websites operated by third parties. Please be aware that those websites may collect PII from or about You and Non-PII about Your visit. You should review the privacy policies that are posted on any website that You visit, before using the website and providing PII to the website. Asurion is not responsible for the privacy policies or practices of any websites that may be mentioned on, or accessible from, the Site.

ONLINE ADVERTISEMENTS:

Asurion works with other companies that use tracking technologies to serve ads on its behalf across the Internet. Those companies may collect Non-PII about Your visits to the Site and Your interaction with Asurion's communications, including advertisements. Our advertising partners may use cookies and pixel tags on the Site and on third party websites on which Asurion advertisements appear, which allows those partners to track certain information about user behavior, such as "click stream data." Any use of information by an advertising partner would be governed by their privacy policy, so You should become familiar with those policies prior to responding to online advertisements.

SECURITY OF INFORMATION:

Information submitted via the Internet, including through a web page or e-mail is subject to interception or incorrect routing, and the Internet is not a fully secure communications channel. Please consider this prior to submitting any information to Asurion via the Site. While Asurion follows generally accepted industry standards to protect the information submitted to us, no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Therefore, while Asurion strives to use commercially acceptable means to protect Your personal information, Asurion cannot guarantee its absolute security.

INTERNATIONAL USERS:

The Site is operated, in whole or in part, from the United States. By using the Site, regardless of where You live in the world, You consent to have Your personal information transferred to and processed in the United States and to allow Asurion to use and collect Your personal information in accordance with this Privacy Policy.

CONTACT US:

If You have any questions about the Privacy Policy, You may contact Asurion by e-mail at privacy@asurion.com.

2.12.2014 VERSION (PORTAL 2.0 TERMS OF USE & PRIVACY POLICY)