Effective Date: July 7, 2013.
RESTRICTIONS ON USE: You shall use the Site strictly in accordance with these Terms and in a manner consistent with all applicable laws and regulations. You will not take any of the following actions with respect to the Site or the server nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Site in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (ii) violates any applicable laws, rules or regulations in connection with Your access to or use of the Site; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Asurion or its affiliates, partners, suppliers or the licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from the Site; (v) interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (vii) infringes the copyright, trademark or any intellectual property rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (viii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (ix) is fraudulent or unlawful or contains defamatory or illegal information, images, materials or descriptions; (x) promotes or provides instructions for illegal activities; (xi) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; or (xii) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware.
REGISTRATION, ACCESS & SECURITY: If You use any Asurion service and provide us any information through the Site, such as Your name, phone number, contact details, email address, wireless carrier information, Your password and/or personal identification number (PIN) (collectively, Your "Account Data") for any accounts associated with Your device ("Your Account(s)"), You agree to provide true, accurate, current, complete and up-to-date information. If You provide any information that is untrue, inaccurate, non-current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then We have the right to terminate or refuse any and all current or future access or use of the Site (or any portion thereof). We reserve the right to take any action that We deem necessary to ensure the security of the Sites and Your Account, including without limitation changing your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. You are solely responsible for keeping Your Account Data and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your Account Data or the security questions and responses associated with Your Account can use that information to gain access to Your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your Account Data and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by Asurion and its service providers, of any information and data related to or derived from Your use of the Site.
NO WARRANTIES: ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASURION MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.
ASURION MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Site is free of viruses.
TRADEMARKS: All trademarks, service marks and logos that are used or displayed on the Sites are owned by Asurion or by third parties and are the property of their respective owners. Asurion owns various trademarks, service marks and logos that may be used on the Site, including without limitation, Asurion® (& Design), Our Passion is Your Peace of Mind®, Mobile Recovery®, Mobile Guard®, MobileProtect®, Rescue Link®, App Assist™ and Wireless Phone Protection®. You must obtain Asurion's written permission prior to using any trademark or service mark of Asurion. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, Asurion's custom icons, graphics, logos and scripting on the Site are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without the prior written permission of Asurion.
WEBSITE CONTENT & COPYRIGHT: This Site and the content contained on this Site is protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the Site or individual sections of the content, design or layout of the Site or Asurion trademarks or logos without our written permission. The layout, compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Asurion. Asurion reserves all of its rights in the Site and its content.
COPYRIGHT INFRINGEMENT NOTIFICATION: Asurion has a policy of removing data or content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Asurion has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with us, You will need to send a written communication to Asurion's Designated Agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider 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; (v) 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; and (vi) 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. Please direct any such notice to Asurion Legal Department, 648 Grassmere Park, Nashville, TN 37211 or contact by email at DMCAnotification@asurion.com. The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
REVIEWS, COMMENTS AND OTHER CONTENT: If You post or submit any reviews, comments, photos, statements, ideas, questions or other content (collectively, the "Content") to the Site or to Asurion, You acknowledge and agree that all such Content shall comply with the terms of these Terms (including the "RESTRICTIONS ON USE" section above) and You may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, You grant Asurion a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide right to use, publish, reproduce, modify, copy, distribute, adapt, translate, create derivative works of and display such Content on any media and in any form. If You provide any names or user names in connection with such Content, You grant Asurion the right to use that name or user name in accordance with the foregoing license.
You represent and warrant that all Content that You submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content You submit to the Site or Asurion is accurate, truthful and non-deceptive; that all Content has evidence to back up the claims made; and You shall, if applicable, clearly disclose whether the Content is a sponsored post for which payment or any kind of benefit at all was received by You, whether You are a shareholder or employee of Asurion, whether Your received any Asurion products, samples, cash or benefit of any kind in exchange for posting the Content, and all Content shall be clearly and conspicuously distinguishable from other editorial content. You further represent and warrant that You own or otherwise control all of the proprietary rights to the Content that You submit or post to the Site and that You will indemnify Asurion for all claims resulting from any Content You or any third parties submit to Asurion or post to the Site. Asurion has the right but not the obligation to remove, edit or monitor any Content, but Asurion takes no responsibility and assumes no liability for the Content posted or submitted by You or any third parties.
MODIFICATIONS: Asurion reserves the right to modify this Site and the rules and regulations governing its use, at any time. Modifications will be posted on the Site and the "last updated" date at the top of this web page will be revised. You understand and agree that if you use this Site after the date on which the Terms have changed, Asurion will treat Your use as acceptance of the updated Terms. Asurion may make changes in the products and/or services described in this Site at any time.
VIOLATION OF RULES AND REGULATIONS: Asurion reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site.
INDEMNITY: You agree to indemnify and hold Asurion and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, claims, demands, expenses, damages and costs, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Site, Your violation of these Terms, or Your violation of any law or any rights of another. Asurion reserves the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in Asurion's defense of such matter. This indemnification shall survive any termination of these Terms.
LIMITATION OF LIABILITY: ASURION SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF ASURION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Asurion's liability will be limited to the fullest extent permitted by applicable law.
GOVERNING LAW AND GENERAL PRINCIPLES: This Site is operated by Asurion from its offices within the United States of America. Asurion makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where You live or are located in the world, You consent to these Terms and any claims relating to the information, services or products made available through this Site will be governed by the laws of the State of Tennessee, U.S.A., excluding the application of its conflicts of law rules. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Asurion's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Asurion's right to subsequently enforce such provision or any other provisions of these Terms.
Last updated: May 18, 2017
We value privacy, especially yours
At Asurion, we take protecting your privacy seriously. In order for our sites, products, and services (collectively “services”) to function properly, we need to collect and use some of your personal information. We want you to understand what personal information we collect and how it is used.
This policy is incorporated as part of the Terms of Service that apply to your use of the services. When you use our services, you acknowledge that you have accepted the Terms of Service and this policy without exception. You also acknowledge that you consent to our privacy practices, including our use and disclosure of your personal information.
If you do not consent to the Terms of Service or this policy, please do not use our services or provide any personal information.
What’s covered by this policy
Any Asurion-affiliated site, product or service which links to this policy and any collection, storage, transfer, sharing, disclosure and handling of your personal information when you use our services which we define below.
Personal information we collect
When you use our services, we may collect the below types of personal information:
As part of the claim process, Asurion or its affiliates may require you to provide a copy of your driver’s license, passport, military ID, or other personal identification card. Additionally, in order to process your claim, Asurion or its affiliates may request your shipping and billing information, credit card information or other preferred payment means.
Asurion also gathers certain information about the use of Asurion’s services, including the number of unique visitors, the frequency of visits, how users interact with the sites, user experience preferences, IP address, and other information that may help Asurion improve the customer experience, mitigate fraudulent activity, and comply with legal requirements. Such information may include, but is not limited to the following:
When you visit Asurion’s sites we automatically collect and store certain information in our server logs. This type of information includes details of how you interacted with our services. It may include personal information such as: IP address, Unique Device Identifier, or CallerID / ANI (Automatic Number Identification) information, content of web pages, transaction with APIs (Application Program Interface), transactions with IVR (Interactive Voice Response) systems, activity and content of visitor interaction with call center representatives; application usage activity, hardware information, hardware and system settings, browser type, browser language, the date and time of your request, referral URL, etc.
A cookie is a small, data file that is managed by your web browser or other application and stored on your local system. Asurion uses session and persistent cookies to, among other things, identify your computer during a particular interaction and analyze your behavior during a particular visit. 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, you may not be able to fully use Asurion’s services.
Pixel tags, also known as web beacons, help Asurion better manage user experience and content tracking. Pixel tags are tiny graphics with a unique identifier, which provide a similar function to cookies and are used to track user interaction with content provided by Asurion or an affiliate organization. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly within content. The small size and transparency of pixel tags are not intended to deceive content recipients, but minimize distraction.
Third-party data sources
Asurion may leverage external data sources in order to provide context and background on the users of its services in order to improve customer experience, mitigate fraud or malicious activity, or comply with internal company and external regulatory requirements.
Do Not Track and Third-Party Advertising Cookies
Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical “flag” or signal that an end-user may be able to activate within their browser software to notify sites that they do not wish to be “tracked” by third parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most sites, including Asurion Sites, do not alter their behavior or change their services when they receive a “do-not-track” flag or signal. You can, however, make decisions about your privacy and the advertisements you receive.
How we use your personal information
Asurion may use your personal information to:
How we share your personal information
We will not use or disclose your personal information to non-affiliated third parties except as disclosed in this policy.
Asurion may transfer or license your personal information to:
Asurion may also disclose your personal information to:
How we protect your personal information
We use commercially reasonable technical, administrative, and physical controls best practices to protect your personal information including data encryption where appropriate; however, since the Internet is not a 100% secure environment, we cannot ensure the security of personal information during its transmission between you and us. Accordingly, you acknowledge that when you transmit such personal information, you do so at your own risk. We will notify you of any confirmed security breach of your personal information to the extent required by and in accordance with state and federal law.
How long we keep your personal information
Asurion will retain your personal information as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or not prohibited by applicable law.
How you are notified if the policy changes
We may change this policy from time to time. If we do, we will post the updated policy with the last revised date. Your continued use of the site, product or service means that you consent to the updates. You should periodically read the policy to understand our privacy practices.
If we make material changes to this policy, then we will notify you in the site, product or service or by email and seek your affirmative consent.
Communicating with you electronically
By using our services, you agree that we can communicate with you electronically. This includes any required notifications (i.e. legal, technical, regulatory, security, privacy) relating to your use of the services.
Where required, Asurion will seek your express consent to send such messages. This consent is sought by Asurion, LLC, 648 Grassmere Park, Nashville, TN 37211. You may withdraw your consent by using the "unsubscribe" link located at the bottom of our messages, contacting us at the address listed above, or by emailing firstname.lastname@example.org.
Your rights related to your personal information
While we take various steps to ensure the accuracy and completeness of your personal information, we rely upon you to provide accurate and complete personal information when interacting with us.
Upon your request and as allowed or required by law and consistent with our applicable partner agreements, you may request Asurion to take the following actions with your personal information: (i) provide you with a copy, (ii) correct, (iii) update, (iv) delete, To make such a request, or if you have a privacy-related complaint, please contact Asurion via postal mail or email as provided in the Where to turn with questions section of this policy.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider at https://feedback-form.truste.com/watchdog/request.
A few notes about social media
Children under 13
The site, product or service is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that your child is accessing the site, product or service and providing personal information without your consent, please contact us by using the information provided below. We will take steps to remove personal information from our storage systems and terminate the account if we determine that a child under 13 has accessed the services.
For non-U.S. residents
We may transfer personal information that we collect about you outside of the country in which it was collected. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring personal information about yourself to a country and jurisdiction that does not have the same data protection laws as the European Union. By doing so, you are consenting to the transfer, use, and disclosure of personal information about yourself to the U.S. as described in this policy.
The Asurion privacy practices, described in this policy, comply with the APEC Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. More information about the APEC framework can be found here.
Your California privacy rights
Under California law, California residents may opt-out of Asurion disclosing their personal information to third parties for their marketing purposes. If you are a California resident and do not want Asurion to disclose your personal information to third parties for their marketing purposes, please contact Asurion by any of the ways described in the Where to turn with questions section below and Asurion will respond within 30 days.
Accountability and governance
Asurion has implemented various measures to monitor compliance with and enforce this policy.
Where to turn with questions
If you have any questions about this policy, about our site, product or service, or want to request access to, correction, or deletion of your personal information, or have a privacy-related complaint, you can contact Asurion by email at email@example.com.
You may also contact us at:
Attn: Privacy Office
c/o Office of the General Counsel
648 Grassmere Park
Nashville, TN 37211
Please contact us at 1-800-584-3666 and an Asurion Customer Service Representative will be happy to further assist you.
Customer Service Representatives are available Monday through Friday between 7am and 11pm CST or Saturday and Sunday between 8am and 9pm CST.