Effective Date: November 15, 2016
Using this Site to evaluate whether to enter into a business relationship with USaS is not a commercial use for the purposes hereof. It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any USaS service providers. Certain other programs or services provided by USaS through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
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's or hosting the Site 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 USaS 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; (viii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes 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 USaS service and provide us any information through the Site, such as name, phone number, contact details, email address, wireless carrier information, password and/or personal identification number (PIN) (“Account Data”) for any accounts associated with any device, product or service you purchase, have repaired or otherwise associate with this Site (“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, 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 may 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 USaS and its service providers, of any information and data related to or derived from your use of the Site.
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. USAS 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.
All trademarks, service marks and logos that are used or displayed on the Sites are owned by USaS or by third parties and are the property of their respective owners. USaS owns various trademarks, service marks and logos that may be used on the Site, including without limitation, the USaS logo. You must obtain USaS’s written permission prior to using any trademark or service mark of USaS. 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, USaS’s 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 USaS.
Website Content & Copyright
This Site and its content are 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 USaS 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 USaS. USaS reserves all of its rights in the Site and its content.
Copyright Infringement Notification
USaS 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, USaS 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 USaS’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 USaS 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 USaS, 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 USaS a royalty-free, perpetual, irrevocable, transferable, sub-licensable, 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 USaS 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 USaS 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 USaS, whether your received any USaS 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 USaS for all claims resulting from any Content you or any third parties submit to USaS or post to the Site. USaS has the right but not the obligation to remove, edit or monitor any Content, but USaS takes no responsibility and assumes no liability for the Content posted or submitted by you or any third parties.
USaS 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, USaS will treat your use as acceptance of the updated Terms. USaS may make changes in the products and/or services described in this Site at any time.
Violation of Rules and Regulations
USaS 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 USaS 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. USaS 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 USaS’s defense of such matter. This indemnification shall survive any termination of these Terms.
Limitation of Liability
USAS 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.
In jurisdictions that do not allow exclusions of liability for certain types of damages, USaS’s liability will be limited to the fullest extent permitted by applicable law.
Third Party Sites
Governing Law and General Principles
This Site is operated by USaS from its offices within the USA. USaS 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. If you choose to access this Site from other locations you do so on your 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 Illinois, USA., 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. USaS’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of USaS’s right to subsequently enforce such provision or any other provisions of these Terms. You agree that the exclusive venue for resolution of any disputes related to your use of the Site or purchase of any product or service from USaS shall be the state and federal courts sitting in and around Chicago, Illinois.