Enjoy your device with
one of Verizon’s Device
Protection options.
Enclosed are important details,
including terms and conditions,
for Verizon's Device Protection
options, including:
• Verizon Protect
• Verizon Protect Multi-Device
• Total Mobile Protection
• Total Mobile Protection
Multi-Device
Each of these products is
available separately.
For business device
protection options, see
Total Mobile Protection
for Business brochure.
Many choices for
many needs.
Device Protection options:
• Verizon Protect
• Verizon Protect Multi-Device
• Total Mobile Protection
• Total Mobile Protection Multi-Device
• Total Equipment Coverage (TEC)
• Wireless Phone Protection (WPP)
• Verizon Wireless Extended Warranty
See Device Protection Summary of Key
Terms and Conditions for details.
*Not available in Florida.
*
*
Verizon
Protect
Verizon Protect oers device protection,
security, and technical support for your digital
lifestyle. It covers not only your eligible
devices, but also protects your personal
data and helps you manage your calls.
These device protection benets are
available for select smartphones,
subject to parts/inventory availability:
Same-day device replacement
and setup
Get your replacement device delivered and
set up the very same day it’s lost, stolen or
damaged.1
Unlimited, fast cracked screen repair
Get your screen fixed for only $29 as soon as
the same day, each time you need it.2
Battery replacement
Get help fast at a Verizon Authorized
Repair Facility.
Eligibility for the above benefits will be determined at
time of claim approval.
Plus, get:
Tech Coach
Live, on-demand access to Tech Coach
experts who can help you optimize your
device and answer virtually any question.
The above benefits are provided under Total Mobile Protection
(TMP). Same-day device replacement and setup are only
available when enrolled in Verizon Protect or TMP.
Verizon Protect is a combination of TMP, Digital Secure and
Call Filter Plus and is available for most smartphones. See
Summary of Key Terms and Conditions for additional details.
3
In addition to the device protection benefits,
Verizon Protect includes:
Digital Secure
†
One-stop suite of privacy and security tools for your mobile
devices and home computers.
Security and privacy
Protect your smartphones, tablets and home
computers from online threats and get
around-the-clock peace of mind. Avoid risky
websites and downloads, block and remove
malware and viruses, and identify which
mobile apps are accessing your private info.
Wi-Fi security and protection
Connect to public Wi-Fi with confidence.
Safe Wi-Fi’s advanced VPN technology
makes your Wi-Fi connection secure
and private.
1
Identity theft monitoring
Your identity should only belong to you.
Take control with always-on ID monitoring,
dark web surveillance, theft alerts and
recovery tools.
Call Filter Plus
1
†
Screen unwanted calls and shut down spam.
Identify unknown numbers
Answer with confidence with Caller ID and
real-time spam alerts. Get more control
by blocking unwanted calls by risk level,
a personal spam and block list, and spam
lookup feature.
2
1
¹ Available in select locations, which are subject to change at any time. Availability of same-day
device replacement and setup is contingent on certain criteria including claim approval time,
customer address, and technician availability.
2
Available in select locations, which are subject to change at any time. Availability of same-day
repair depends on criteria such as claim approval time and technician availability. Repairs
are performed by an Asurion-certified technician and come with a 12-month warranty. Visit
phoneclaim.com/verizon to check current device eligibility.
3
Battery replacement provided under the Verizon Wireless Extended Warranty program is
available in select locations. In Florida, battery replacement coverage is provided by the
insurance program (device replacement deductible and claim limit apply). Eligibility determined
at the point of claim.
†
These features are offered solely by Verizon and are not part of the insurance program.
1
Only smartphones are eligible. Select features may be accessed on tablets and computers.
OS restrictions apply: Android 4.4+ & iOS 11+. Digital Secure app download required; enroll
in identity theft monitoring via the app. Verizon does not monitor all transactions and cannot
protect against all identity theft. Customer should contact the three national credit bureaus to
monitor credit report.
2
Compatible smartphone required; features included vary by device. Tablets, smart watches
and basic phones not supported. The following OS requirements apply: Android 9.4.0+ and
iOS 2.1.1+. High-risk spam calls are automatically blocked and forwarded to voicemail.
Download the Call Filter app to manage all settings and access custom controls.
Total Mobile
Protection
Total Mobile Protection provides coverage for loss, theft,
damage (including liquid) and post-warranty defects.
Plus, the following benefits are also included for select
smartphones, subject to parts/inventory availability:
Same-day device replacement
and setup1
Unlimited, fast cracked screen repair
Battery replacement
For the above benefits, eligibility will be determined at
the time of claim approval.
Plus, get:
3
Tech Coach
2
1
Available in select locations, which are subject to change at any time. Availability of same-day
device replacement and setup is contingent on certain criteria including claim approval time,
customer address, and technician availability.
2
Available in select locations, which are subject to change at any time. Availability of same-day
repair depends on criteria such as claim approval time and technician availability. Repairs
are performed by an Asurion-certified technician and come with a 12-month warranty. Visit
phoneclaim.com/verizon to check current device eligibility.
3
Battery replacement provided under the Verizon Wireless Extended Warranty program is
available in select locations. In Florida, battery replacement coverage is provided by the
insurance program (device replacement deductible and claim limit apply). Eligibility determined
at the point of claim.
Important things to know
about Device Protection
Optional Insurance Coverage
You don’t need to purchase insurance coverage to
activate your Verizon service.
Duplication of Coverage
You may already have coverage under your homeowners
insurance or other means.
Sales Representative Qualifications
Unless otherwise licensed, Verizon sales representatives
are not qualified or authorized to evaluate the adequacy
of your existing insurance coverages.
Electronic Communications
If you have provided or in the future provide your email or
other electronic address to Verizon, Asurion or its partners
involved in administering this program may send you
program terms and conditions through electronic means to
the last address Verizon has on file.
Replacement Devices
It is our goal to provide you with a replacement
device that is of like kind, quality and functionality,
having the same color and features, but this cannot be
guaranteed. If the same make and model you
claim is not available, a similar make and model
will be substituted.
Covered Property
Your coverage applies to the device being used on your
mobile number (for Verizon Protect MD and TMP MD,
coverage applies to devices you have registered for
coverage). If you change devices, your deductible or
premium could change. Please see the sample list of
devices in this brochure.
Non-Return Fee
If you receive a replacement device, your original device
must be returned to us (unless it has been lost or
stolen) using the prepaid shipping label provided with
your replacement device. Under the insurance program,
a Non-Return Fee based on the cost of the claim to
Liberty Insurance Underwriters Inc. may be charged
for your failure to return your original device. Under the
Verizon Wireless Extended Warranty, a Non-Return Fee
of up to the full retail price of the replacement device
may be charged for your failure to return your original
device.
All applicable taxes and surcharges extra.
Summary of Key Terms and Conditions
Verizon Protect (Protect) and Total Mobile Protection (TMP)
Monthly
Charge
Protect
Single
Device
TMP
MultiDevice
for accounts
with 3 to 10
lines
*For information about your smartphone model Tier, see the “Deductible Amounts” table in this brochure, go to phoneclaim.com/Verizon or call 1.888.881.2622.
**Minimum of three eligible smartphones needed to enroll.
TMP is a combination of multiple products, each of which is available separately: WPP $3.10/mo. for Smartphones (Tier 2), Basic Phones and Tablets or $6.85/mo. for Smartphones
(Tier 1) and Watches; EW $3.90/mo. for Smartphones (Tier 2), Basic Phones and Tablets or $4.15/mo. for Smartphones (Tier 1) and Watches; Verizon Tech Coach $5/mo. for
Smartphones (Tier 2), Basic Phones and Tablets or $4/mo. for Smartphones (Tier 1) and Watches.
Verizon Protect is a combination of multiple products, each of which is available separately: TMP (see above), Digital Secure (single line $1.25/mo, account based $3.00/mo),
Call Filter Plus (single line $0.75/mo, account based $2.00/mo). See table above for Verizon Protect eligibility.
Total Equipment Coverage: You may also purchase Total Equipment Coverage (TEC) for $7/mo. for Smartphones (Tier 2), Basic Phones and Tablets or $11/mo. for Smartphones
(Tier 1) and Watches. TEC is a combination of two products, each of which is available separately: WPP and EW³ (see above).
Loss, theft and damage.
$9/$99/$149/$199/$249, depending on device type.
$29 (available for select smartphones and subject to parts availability).
3
Unlimited repairs and replacements provided for post-warranty defects. Includes battery replacements for
battery malfunctions (for select smartphones, subject to parts availability).
Eligible Devices
Max Number of Insurance (WPP) Claims
Device claim maximum is $400 or $3,000,
depending on device.
Excludes cracked screen repair claims.
3 claims in 12 months
9 shared claims in 12 months for 3 covered lines
3 additional shared claims in 12 months
per line of Additional Coverage added
2
4
Verizon Tech Coach
Coverage
Tech support for the covered device(s) and virtually anything they connect to.
All devices on Verizon Protect MD or TMP MD accounts have access to Tech Coach.
Additional Information for All Programs
Cancellation policy
Replacement devices
You can cancel your coverage at any time and receive a prorated refund of your monthly fee.
Replacement device could be new or refurbished. You may also receive standard accessories with lost,
stolen or damaged claims.***
New York Producer Compensation: Verizon Wireless Services, LLC (“Producer”) has a limited license to sell wireless communications equipment insurance in New
York (license #942643) and will be paid a portion of your monthly premium by Liberty Insurance Underwriters, Inc. (“Insurer”). The Producer will be compensated by the Insurer if you
purchased the insurance. The Producer’s compensation may vary based on the product you purchased. For more information about compensation, please ask your sales representative.
Covered Accessories:*** If your device is lost, stolen or damaged, your accessories are covered too. For Phones one each of the following: standard battery, standard car
charger, standard case, standard home charger and standard earbud; for Netbooks one of each of the following: standard power cord and one standard battery; for Tablets one of
each of the following: standard wall/USB charger, 16 GB memory card and standard earbud; and for Smartwatches one of each of the following: standard wristband of like kind and
quality to the band received at time of purchase (not to include bands purchased separately from the watch), an adapter and standard charging cable.
1
Lost, stolen or damaged device replacements are provided by Wireless Phone Protection (WPP), which is
insurance coverage underwritten by Liberty Insurance Underwriters Inc. (New York, NY) or one of its insurance
company affiliates; in Florida, WPP includes coverage for post-warranty defects (device replacement deductible
and claim limit apply). Asurion Insurance Services, Inc. (in California, Agent License #0B35141; in Iowa, Agent
License #1001000131), is the Agent and provides the claims servicing under this program. Except in Florida,
repairs and replacements for post-warranty defects are provided through the Verizon Wireless Extended Warranty
program; the obligor of the Extended Warranty program is Verizon Wireless Services, LLC.
2
Visit phoneclaim.com/verizon to check eligibility and the repair option available in your area.
Repair options determined at the point of claim.
3
Verizon Wireless Extended Warranty (EW) program is not available in Florida; in Florida,
coverage for post-warranty defects is provided by the insurance program (WPP) (device
replacement deductible and claim limit apply).
4
Battery replacement provided under the Verizon Wireless Extended Warranty program is
available in select locations.
How to join
It's easy, but you must act quickly.
To enroll, call 1.800.256.4646, go to
vzw.com/deviceprotection or visit a Verizon store.
You are eligible to enroll in device protection
within the first 30 days of device activation.
Insurance coverage is eective upon enrollment of an
eligible device that has been activated on Verizon Wireless
service and for which usage (text, data, calls) has been
logged on the customer’s Verizon Wireless account.
Filing a claim is painless
For lost, stolen or damaged devices:
• Visit vzw.com/deviceprotection
• Call Asurion Insurance Services, Inc.
at 1.888.881.2622
• Log on to your My Verizon account
• If traveling internationally, call 615.647.3364
All claims must be filed within 90 days of incident.
For post-warranty defects or battery replacement:
• Call 1.800.922.0204
• Florida customers, call 1.888.881.2622
Fraud: Any person who, knowingly and with intent
to injure, defraud or deceive any insurer, files a
statement of claim or an application containing any
false, incomplete or misleading information is guilty of
insurance fraud. In Florida, such conduct is a felony of
the third degree.
Questions regarding this program should be directed
to Liberty Insurance Underwriters Inc.’s licensed agent,
Asurion Insurance Services, Inc. at 1.888.881.2622.
Once your eligibility is verified, the monthly fee will be
added to your wireless bill.
For residents of California, Indiana, and Maryland:
The consumer hotline for the California Department of
Insurance is 1.800.927.HELP (4357); for the State of
Indiana Department of Insurance is 1.800.622.4461;
and for the Maryland Insurance Administration is
1.800.492.6116.
For Washington residents only, we may cancel the
insurance policy or change the insurance terms and
conditions with at least thirty (30) days’ notice unless
we cancel for the following reasons and notice: (1)
fifteen (15) days for fraud or material misrepresentation
in obtaining coverage or in the presentation of a claim;
(2) ten (10) days for non-payment; or (3) immediately
for no longer having active service with Verizon or
exhausting your aggregate claim limit. We will not
increase the premium or deductible or restrict coverage
more than once in any six (6) month period.
Multi-Device
Coverage
Protect the whole family.
With our Multi-Device coverage, you also get:
• Flexible account-based coverage for accounts with
3 to 10 lines.
• 9 shared claims across your 3 covered lines.
• Automatic registration when you need to file a claim.
• Option to enroll in Additional Coverage for up to
7 more lines, adding 3 additional shared claims per
line of Additional Coverage.
Who’s eligible?
Verizon customers with 3-10 eligible lines on their
Verizon account.
How does it work?
Multi-Device coverage allows you to register 3 lines
for coverage and the flexibility to decide which lines
to register. When a claim is filed on a line, that line is
permanently registered and remains registered until
that line is no longer on the account.
Is coverage available for more than 3 lines?
Up to 7 additional lines of coverage can be added by
enrolling in Additional Coverage for $11 a month per line.
See Summary of Key Terms and Conditions for
additional Verizon Protect MD eligibility requirements.
Insurance Exclusions and Limitations
Coverage contains limitations and exclusions: loss or
damage caused by: governmental authority; nuclear
hazard; war; delay, loss of use; electrical and mechanical
breakdown; dishonest or criminal acts; obsolescence;
recall or design defect; cosmetic damage; covered under
warranty; late claims; programming; repair work; virus;
voluntary parting; intentional loss or damage; pollution;
fees or charges; failure to mitigate; and vermin.
Deductible Amounts
The deductible schedule may change from time to time,
as some devices may be moved to a dierent tier during the
term of enrollment.
All deductibles are non-refundable, and per approved claim.
If you don’t see your device, go to phoneclaim.com/verizon or call 1.888.881.2622.
$69 deductible tier does not apply to any device models at this time but may be used in the future.
DROID is a trademark of Lucasfilm Ltd. and its related companies. Used under license.
Apple, Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other
countries. All other trademarks, service marks, and product brands that appear herein are the
property of their respective owners.
Various provisions in the policy restrict coverage. Read the entire policy
carefully to determine rights, duties and what is and is not covered.
The words “we,” “us” and “our” refer to Liberty Insurance Underwriters
Inc.* that is providing the insurance.
The terms “you” and “your” mean, as the context requires, the First
Named Insured or any Additional Insured or both.
The word “Agent” refers to Asurion Insurance Services, Inc.
The term “Authorized Service Center” means the service center
providing repair and replacement services on our behalf.
The term “Wireless Service Provider” means Verizon Wireless, who is
the First Named Insured, providing the Covered Property.
A. COVERAGE
In exchange for premium paid when due, we agree to provide
the coverage as stated in the policy on a month to month basis,
provided that any covered damage or loss to the Covered Property is
sustained while your coverage is in effect.
1. Who Is Covered
a. First Named Insured
The First Named Insured is Verizon Wireless for its interest in
Covered Property.
b. Additional Insureds
The First Named Insured has the right to request Additional
Insured status for a customer for his or her interest in the
Covered Property which he, she or it owns (references herein
to “Insured” refer collectively to “First Named Insured” and
“Additional Insured”). Requests for coverage for Additional
Insureds are subject to our approval.
(1) Line Based Coverage provides coverage for Covered
Property associated with a specific enrolled mobile
number active on the Additional Insured’s account for
wireless communication service with the Wireless
Service Provider.
(2) Account Based Coverage means coverage for the
device in use on any mobile telephone number you
have registered for coverage and that is active on the
Additional Insured’s account for wireless communication
service with the Wireless Service Provider. For coverage
to exist on any device, the Additional Insured must have
registered the mobile telephone number on which the
device is used for Account Based Coverage.
When a mobile telephone number is removed from the
Additional Insured’s account with the Wireless Service
*Or one of its insurance company affiliates.
Provider, coverage ceases immediately for any Covered
Property associated with that mobile telephone number.
2. Covered Property
Covered Property means only the mobile wireless
communications equipment as follows:
a. If you have subscribed to Line Based Coverage:
Covered Property means the wireless device owned by you
for which: 1) the unique identification number (International
Mobile Equipment Identity (IMEI)), Electronic Serial Number
(ESN), or Mobile Equipment ID (MEID) of such wireless
device is reflected in the records of the Wireless Service
Provider at the time your coverage initially became effective;
and 2) for which outgoing airtime usage has been logged
with the Wireless Service Provider on your account after
coverage became effective; unless you have logged outgoing
airtime on a different wireless phone immediately prior to the
time of loss, in which case such wireless device becomes
the covered property so long as: i) such wireless device is
owned by you and you provide us proof of ownership and ii)
airtime usage was logged on such device on your account
with the Wireless Service Provider immediately prior to the
time of loss.
b. If you have subscribed to Account Based Coverage:
When you purchase Account Based Coverage (Total Mobile
Protection Multi-Device), unless you purchase additional
coverage, you receive three enrolled mobile numbers (i.e.,
three units of coverage), each of which can be assigned
to one mobile telephone number in use on your account
with the Wireless Service Provider. To assign one of your
units of coverage (i.e., an enrolled mobile number) to one
of your mobile telephone numbers, you must register (with
either Asurion or the Wireless Service Provider) the mobile
telephone number on which you want coverage to apply.
When you assign an available enrolled mobile number to
a mobile telephone number on your account, the device
in use on the registered (i.e., assigned) mobile telephone
number becomes Covered Property so long as the device:
a) is in use on a mobile telephone number that is registered
under an enrolled mobile number, b) is owned by you; c) the
device’s unique identification number (International Mobile
Equipment Identity (IMEI)), Electronic Serial Number (ESN),
or Mobile Equipment ID (MEID) is reflected in the records of
the Wireless Service Provider; and d) outgoing airtime usage
has been logged by the device with the Wireless Service
Provider on your account after your account was enrolled in
Total Mobile Protection Multi-Device. If you change devices in
use on a registered mobile telephone number, the new device
becomes the Covered Property in place of the previous
device so long as the requirements of this paragraph are met.
Unless you are eligible for and purchase additional units of
coverage, you may only register three (3) mobile telephone
numbers for coverage. If you purchase additional units of
coverage, each additional unit of coverage you purchase
allows one (1) additional mobile telephone number on your
account to be registered. Please consult the Total Mobile
Protection Multi-Device protection brochure or contact
Asurion or the Wireless Service Provider regarding
enrolled mobile number coverage or mobile telephone
number registration.
c. The following applies to both Line Based coverage
and Account Based coverage: Accessories used with
the wireless device above: one standard battery (attached to
wireless device at time of loss if lost or stolen); one standard
cigarette lighter adaptor; one standard leather case; one
standard home charger; one standard earbud. The following
Netbook accessories as part of a Netbook loss: one standard
Netbook power cord and one standard battery. The following
Tablet accessories as part of a Tablet loss: one standard wall/
USB charger, one 16GB microSD memory card, and one
standard earbud. The following iPhone accessories as part of
an iPhone loss: one standard wall/USB charger, one standard
earbud, and one standard sync cable. The following iPad
accessories as part of an iPad loss: one standard wall charger
and one standard sync cable. The following Apple Watch
accessories as part of an Apple Watch loss: one standard wrist
band (attached to device at time of loss if lost or stolen) of like
kind and quality to the band received at time of purchase (not
to include bands purchased separate from the watch), one
standard adapter, and one standard charging cable.
3. Coverage Period
Coverage is provided for the policy period shown in the
Declarations subject to Section G.4.b.
4. Coverage Territory
We insure the Covered Property wherever it is located in the
world.
We may require any claims occurring outside the United States
or its territories to be processed in the United States.
5. Covered Causes of Loss
Covered Causes of Loss means risks of being lost, stolen or
directly damaged, except as limited or excluded elsewhere in
the policy.
In the State of Florida, the above paragraph A.5. is replaced in
its entirety by the following:
5. Covered Causes of Loss
Covered Causes of Loss means risks of mechanical or electrical
breakdown or being lost, stolen or directly damaged, except as
limited or excluded elsewhere in the policy.
6. Property Not Covered
Covered Property does not include:
a. Contraband or property in the course of illegal transportation
or trade.
b. Data, meaning information input to, stored on, or processed
by the Covered Property. This includes documents,
databases, messages, licenses, contact information,
passwords, books, games, magazines, photos, videos,
ringtones, music, and maps.
c. Proprietary electronic devices included with automobile
systems and any motor vehicle or watercraft original or
after-market equipment or accessories, whether or not
permanently installed, including any antenna or wiring.
d. Property that has been entrusted to (including property in-
transit) others for any service, repair or replacement, other
than the Authorized Service Center or its designee.
e. Nonstandard Software, meaning software other than
Standard Software. “Standard Software” means the
operating system pre-loaded on or included as standard with
the Covered Property from the manufacturer.
f. Wireless Equipment whose unique identification number
(including serial number, ESN, MEID, IMEI or similar unique
identification number) has been altered, defaced or removed.
g. Nonstandard External Media, meaning physical objects
on which data can be stored but which are not integrated
components of the Covered Property required for it to
function. This includes data cards, memory cards, external
hard drives, and flash drives. Nonstandard External Media
does not include Standard External Media. “Standard
External Media” means physical objects on which data can
be stored and that came standard in the original packaging
with the Covered Property from the manufacturer but which
are not integrated components of the Covered Property
required for it to function.
h. Any property you lease, rent or hold for others.
i. Any other equipment or accessories not described as
Covered Property.
j. Batteries (unless otherwise covered as a covered accessory
when part of a loss to other Covered Property).
In the State of Florida, the above paragraph A.6.j. is deleted
in its entirety.
B. EXCLUSIONS
This insurance does not apply to loss or damage identified in any of
the following or directly or indirectly caused by or resulting from any
of the following:
1. Governmental Authority
Seizure or destruction of property by order of governmental
authority.
2. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination,
however caused. If physical loss or damage by fire ensues, we
will pay only for such ensuing loss or damage.
3. War
(a) War, including undeclared or civil war;
(b) Warlike action by a military force; or
(c) Insurrection, rebellion, revolution, usurped power or action
taken by governmental authority in hindering or defending
against any of these.
Such loss or damage is excluded regardless of any other cause
or event that contributes concurrently or in any sequence to the
loss or damage.
4. Delay, Loss of Use
Indirect or consequential loss or damage, including loss of use,
interruption of business, loss of service, loss of market, loss
of time, loss of profits, inconvenience or delay in repairing or
replacing lost or damaged Covered Property.
5. Electrical and Mechanical Breakdown
Failure of Covered Property to operate due to a faulty part or
workmanship or normal wear and tear when operated according
to the manufacturer’s instructions.
The above paragraph B.5. is deleted in Florida and not replaced.
6. Dishonest or Criminal Acts
Dishonest, fraudulent or criminal acts by you, any authorized user
of the Covered Property, anyone you entrust with the Covered
Property, or anyone else with an interest in the Covered Property
for any purpose, whether acting alone or in collusion with others.
7. Obsolescence
Obsolescence or depreciation.
8. Recall or Design Defect
(a) Manufacturer’s recall; or
(b) Error or omission in design, programming or system configuration.
9. Cosmetic Damage
Cosmetic damage, however caused, that does not affect the
manufacturer’s intended use. This includes:
(a) Cracking, marring, or scratching.
(b) Change in color or other change in the exterior finish.
(c) Expansion or contraction.
10. Covered Under Warranty
Loss or damage that is covered under the manufacturer’s warranty.
In the event we have knowledge of a prior malfunction, proof
of repair may be required before coverage for future claims is
applicable.
11. Late Claims
Claims not reported as required by Section E.3. of the policy.
12. Programming, Repair Work
Programming, cleaning, adjusting, repairing, modifying,
installing, servicing, maintaining, or performing any other work
upon Covered Property.
13. Virus
Computer virus or any other malicious code or similar instruction
that:
(a) Disrupts the normal operation of the Covered Property; or
(b) Results in destruction of or unsuitability of data or programs
stored in the Covered Property.
14. Voluntary Parting
Voluntarily parting with Covered Property by an Insured or by
any person entrusted with Covered Property, whether or not
induced to do so by any fraudulent scheme, trick, device or false
pretense.
15. Intentional Loss or Damage
Abuse, intentional acts, or use of the Covered Property in a
manner inconsistent with the use for which it was designed,
intended, or advised by the manufacturer or that would void the
manufacturer’s warranty.
16. Pollution
The discharge, dispersal, seepage, migration or escape of
pollutants. Pollutants means any solid, liquid, gaseous, or
thermal irritant or contaminant including smoke, vapor, soot,
fumes, acid, alkalis, chemicals, artificially produced electric
fields, magnetic field, electromagnetic field, sound waves,
microwaves, and all artificially produced ionizing or non-ionizing
radiation and/or
waste. Waste includes materials to be recycled, reconditioned
or reclaimed.
17. Fees or Charges
Any fees or charges assessed by Verizon Wireless, whether the
charges incurred are legitimate or fraudulent.
18. Failure to Mitigate
Failure to do what is reasonably necessary to minimize the loss
and to protect the Covered Property from any further loss.
19. Vermin
Insects, rodents, or other vermin.
C. LIMITS OF INSURANCE
1. The most we will spend in any one occurrence to repair or
replace Covered Property is either: four hundred dollars ($400)
if the Covered Property is found in Schedule A or Schedule E; or
three thousand dollars ($3,000) if the Covered Property is found
in Schedules B, C, D, F, G, H, I, J, K, L, M, N, O, P, or Q. This
Limit of Insurance applies separately to each claim.
2. When Line Based Coverage is chosen by the Additional Insured,
each Additional Insured is limited to three (3) losses for lost,
stolen or directly damaged, and unlimited cracked screen losses
in any consecutive 12 month time period, including losses
incurred during any prior consecutive policy period. When this
limit is exhausted, coverage will cease immediately and we will
notify the Additional Insured that coverage has ceased and no
future premiums are due.
In the State of Florida, the above paragraph C.2. is replaced in its
entirety by the following:
2. When Line Based Coverage is chosen by the Additional
Insured, each Additional Insured is limited to three (3) losses
for mechanical or electrical breakdown or being lost, stolen or
directly damaged, and unlimited cracked screen losses in any
consecutive 12 month time period, including losses incurred
during any prior consecutive policy period. When this limit is
exhausted, coverage will cease immediately and we will notify
the Additional Insured that coverage has ceased and no future
premiums are due.
3. When Account Based Coverage is chosen by the Additional
Insured, the maximum number of losses in any consecutive 12
month time period, including losses incurred during any prior
consecutive policy period, for each Additional Insured’s account is
limited to nine (9) approved claims and unlimited cracked screen
claims. If you are eligible for and purchase additional coverage,
each line of additional coverage you purchase allows three (3)
additional approved claims beyond the initial nine (9) approved
claim limit.
The applicable Aggregate Limit is determined based on the total
number of enrolled mobile numbers on an Additional Insured’s
account with the Wireless Service Provider at the time coverage
for the Additional Insured begins. If during the coverage period, the
Additional Insured adds or removes enrolled mobile numbers from
their account with the Wireless Service Provider, the Aggregate
Limit will automatically adjust after completion of each covered
claim based on the total number of enrolled mobile numbers on
their account immediately after completion of the claim. If the
number of losses in the prior 12 month time period equals or
exceeds the Aggregate Limit applicable after completion of the
claim, coverage will cease immediately.
When this limit is exhausted, we will notify the Additional Insured
that coverage has ceased and no future premiums are due.
D. DEDUCTIBLE
The Deductible is either $9, $99, $149, $199, $9, $99, $149, $199,
$9, $99, $149, $199, $29, $29, $69, $249, or $249 depending on
whether the Covered Property is found in Schedule A, B, C, D, E, F,
G, H, I, J, K, L, M, N, O, P, or Q and is non-refundable and is payable
at the time a loss is approved by the Agent. This Deductible will apply
to each filed and approved covered claim, and does not reduce the
Limit of Insurance. Only an Insured may pay the Deductible.
E. INSURED’S DUTIES IN EVENT OF LOSS TO INSURED’S
COVERED PROPERTY
In the event of loss or damage to Covered Property, the Insured
presenting the claim must cooperate with us and see that the following
are done:
1. Suspend Wireless Service
Suspend your wireless communication service, if applicable, as
soon as possible if the Covered Property is lost or stolen.
2. Notify Police
If a claim involves a violation of law or any loss of
notify the police and obtain a police report or
police station phone number, and the officer’s name and badge
number taking the report. If requested, provide a copy of the
police report to Asurion Insurance Services, Inc. within 30 days of
request.
3. Notify Agent, Give Description
Notify the Asurion Insurance Services, Inc. within 90 days of the
time of loss.
Give a complete description of:
a. The Covered Property, including make and model, wireless
number, if applicable, and unique identification number
(such as serial number, ESN, MEID, IMEI or similar unique
identification number); and
b. How, when and where the loss or damage occurred.
4. Protect
Take all reasonable steps to protect the Covered Property from
further damage.
5. Permit Inspection
Permit us or our Agent to inspect the damaged property. If we
request to evaluate your equipment failure prior to completion
of your claim, we may require you to take the Covered Property
to a specified location in your area, or send it to the Agent or
Authorized Service Center at our expense.
6. Statement Under Oath
If requested by us or our Agent, submit to questioning under oath
about a claim or other matter relating to the policy. In such event,
the answers must be signed and may be recorded.
7. Proof of Loss and Ownership
If required, provide:
possession,
case number, the
a. Proof of ownership, such as a bill of sale, receipt, proof of
purchase or warranty exchange.
b. A signed, sworn proof of loss or damage containing the
information we or our Agent request to settle the claim. We
may require this statement to be notarized, for which you may
incur a nominal fee.
c. A copy of government-issued photo identification.
d. Other records and documents that may be reasonably
requested.
These records must be provided within 30 days after our request
for the documentation.
8. Return of Damaged and/or Malfunctioning Covered
Property
The Additional Insured is required to return the damaged
property including, if coverage is provided under the policy,
property that suffered mechanical and electrical breakdown, to
the Authorized Service Center or other designated location. If
the replacement equipment is sent to you, you will be provided
a prepaid shipping label and envelope in which to return the
damaged property.
Disposal of the damaged Covered Property other than by
returning it to the Authorized Service Center, or other location
designated
by us, requires the prior consent of us or our Agent.
If the damaged Covered Property is not returned as directed
within 15 days of the receipt of the replacement equipment, a
Non-Return Fee as applicable to the model of Covered Property,
not to exceed three hundred dollars ($300) may be charged to
the Additional Insured.
Any recovery of lost or stolen property will accrue entirely to
our benefit.
9. Take Delivery
We may make available to you the approved replacement
equipment for pick up at your Wireless Service Provider. We
may also ship the approved replacement equipment through
our Authorized Service Center directly to you within the United
States for which you must be available to take delivery of the
replacement equipment within 30 days of claim authorization.
If you are not available at the time you agree to take delivery,
you may be required to pay the costs of reshipping your
replacement equipment.
F. OUR DUTIES IN EVENT OF LOSS
1. When We Repair or Replace
If a claim is made, we or Asurion Insurance Services, Inc.
will notify the Insured of Asurion Insurance Services, Inc.’s
assessment of the claim within 10 days after we or Asurion
Insurance Services, Inc. receives all the information requested
from the Insured presenting the claim.
Repair or replacement of the lost or damaged Covered Property
will be done within 30 days after the Insured, or his or her
designee has complied with all the terms of the policy, and we
have agreed with the Insured about the repair or replacement.
2. Our Options
At our option, we or the Authorized Service Center may repair
the Covered Property with substitute parts or provide substitute
equipment that:
a. Is of like kind, quality and functionality;
b. Is either new, refurbished or remanufactured, and may
contain original or non-original manufacturer parts; and
c. May be a different brand, model or color.
G. ADDITIONAL CONDITIONS
1. Arbitration Agreement
Please read this Arbitration Agreement carefully. It
affects your rights. Most of your concerns about the policy
can be addressed simply by contacting us at 1.888.881.2622.
In the unlikely event we cannot resolve any disputes, including
any claims under the policy, that you or we may have,
YOU AND WE AGREE TO RESOLVE THOSE DISPUTES
THROUGH EITHER 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 THE RIGHT
TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS
ARBITRATIONS AND CLASS ACTIONS. Arbitration is more
informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury. It has more limited discovery
than in court and is subject to limited review by courts.
Arbitrators can award the same damages and relief that a court
can award.
For the purpose of this Arbitration Agreement, references to
“we,” “us” and “our” includes Liberty Insurance Underwriters
Inc., our Agent, the First Named Insured and their respective
parents, subsidiaries, affiliates, agents, employees, successors
and assigns. The policy evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement.
This Arbitration Agreement shall survive the termination of
the policy.
This Arbitration Agreement is intended to be interpreted broadly,
and it includes any dispute: (1) arising out of or relating in any
way to the policy or to the relationship between You and Us,
whether based in contract, tort, statute, fraud, misrepresentation
or otherwise; (2) that arose either before this Arbitration
Agreement or policy was entered into by you and us or that
arises after this Arbitration Agreement or policy is terminated;
and (3) that currently is the subject of a purported class action
litigation in which you are not a member of a certified class.
Notwithstanding the foregoing, this Arbitration Agreement
does not preclude you from bringing an individual action in
small claims court or from informing any federal, state or local
agencies or entities of your dispute. Such agencies or entities
may be able to seek relief on your behalf.
If you or we intend to seek arbitration you and we must first send
to the other a written Notice of Claim (“Notice”) by certified mail.
Your Notice to us should be addressed to: Legal Department, P.O.
Box 110656, Nashville, TN 37222. The Notice must describe the
dispute and state the specific relief sought. If you and we do not
resolve the dispute within 30 days of receipt of the Notice, you
or we may initiate an arbitration proceeding with the American
Arbitration Association (“AAA”). You can obtain the forms
necessary to initiate an arbitration proceeding by visiting
www.adr.org or by calling 1-800-778-7879. After we receive
notice that you have commenced arbitration, we will reimburse
you for payment of any filing fee to the AAA. If you are unable
to pay a required filing fee, we will pay it if you send a written
request by certified mail to: Legal Department, P.O. Box 110656,
Nashville, TN 37222. The arbitration shall be administered by the
AAA in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the
“Arbitration Rules”) in effect at the time the arbitration is initiated
and as modified by this Arbitration Agreement. You can obtain a
copy of the Arbitration Rules by visiting www.adr.org or by calling
1-800-778-7879.
The arbitrator appointed by the AAA to decide the dispute is
bound by the terms of this Arbitration Agreement. All issues
are for the arbitrator to decide, including the scope of this
Arbitration Agreement, with the exception that issues relating to
the enforceability of this Arbitration Agreement may be decided
by a court. Unless you and we agree otherwise, any arbitration
hearings will take place in the county or parish of your billing
address. If your dispute is for $10,000 or less, you may choose to
conduct the arbitration hearings either by submitting documents
to the arbitrator or by appearing before the arbitrator in person or
by telephone. If your dispute is for more than $10,000, the right
to arbitration hearings will be determined by the Arbitration Rules.
We will pay all filing, administration and arbitrator fees for any
arbitration initiated pursuant to this Arbitration Agreement, 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 payment of such fees shall be
governed by the Arbitration Rules.
At the conclusion of the arbitration hearings, the arbitrator shall
issue a written decision which includes an explanation of the
facts and law upon which the 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 damages award
or $7,500, whichever is greater; and (2) pay your attorney, if
any, twice the amount of the attorney’s fees and the actual
amount of any expenses reasonably incurred when pursuing
your dispute in arbitration. You and we agree not to disclose
any settlement offers to the arbitrator until after the arbitrator
has issued the written decision. The arbitrator may resolve any
disputes regarding attorney’s fees and expenses either during
the arbitration hearings or, upon request, within 14 days of the
arbitrator’s written decision. While the right to the attorney’s fees
and expenses discussed above 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 and expenses.
Although we may have the right under applicable law to recover
attorney’s fees and expenses from you if we prevail in the
arbitration, we hereby waive the right to do so.
To the extent either declaratory or injunctive relief is sought in
the arbitration, such relief can be awarded only to the extent
necessary to provide the relief warranted by a party’s individual
claim. YOU AND WE AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Unless you and we agree otherwise, the
arbitrator may not consolidate the dispute of another person
with your or our dispute and may not preside over any form of
a representative or class proceeding. If this specific provision of
this Arbitration Agreement is found to be unenforceable, then the
entirety of this Arbitration Agreement shall be null and void.
2. Claim Authorization and Loss Payment
We or Asurion Insurance Services, Inc. has the right to settle the
loss with the Insured or his or her designee.
No claims will be accepted unless authorized by Asurion
Insurance Services, Inc.
All repairs and replacements must be made by the Authorized
Service Center, unless we or our Agent gives the Insured other
specific directions. In no event will Insureds be entitled to
reimbursement for any out-of-pocket expenses.
3. Cancellation
a. How An Additional Insured Cancels
An Additional Insured may cancel the coverage provided
by notifying the Agent or First Named Insured who will
advise the Agent.
b. How We Cancel
We may cancel the policy or change the terms and
conditions only upon providing the First Named Insured
and Additional Insured with at least thirty (30) days notice
or other period as required by law unless we cancel for the
following reasons:
(1) We may cancel an Additional Insured under the
policy upon fifteen (15) days notice or other period
as required by law for discovery of fraud or material
misrepresentation in obtaining coverage or in the
presentation of a claim thereunder.
(2) We may cancel an Additional Insured under the policy
immediately or other period as required by law:
(a) for nonpayment of premium;
(b) if the Additional Insured ceases to have an active
service with the First Named Insured; or,
(c) if the Additional Insured exhausts the Aggregate
Limit of liability, if any, under the terms of the policy
and we send notice of cancellation to the Additional
Insured within thirty (30) calendar days after
exhaustion of the limit. However, if notice is not timely
sent, enrollment shall continue notwithstanding the
Aggregate Limit of liability until we send notice of
cancellation to the Additional Insured.
c. How First Named Insured Cancels
If the policy is cancelled by the First Named Insured, the
First Named Insured shall mail or deliver written notice to
each Additional Insured advising the Additional Insured
of the cancellation of the policy and the effective date of
cancellation. The written notice shall be mailed or delivered
to the Additional Insured at least thirty (30) days prior to
the cancellation.
d. How Notice of Cancellation is Provided
Notices made pursuant to Section G.3.b. and c. shall be
in writing and include the actual reason for cancellation and
the effective date of cancellation. The coverage will end on
that date.
Notices may be mailed or delivered to the First Named
Insured at its mailing address. Notices may be mailed or
delivered to the affected Additional Insureds’ last known
mailing or electronic addresses on file with us.
We or the First Named Insured shall maintain proof of mailing
in a form authorized or accepted by the United States Postal
Service or other commercial mail delivery service. We or
the First Named Insured may comply with Section G.3.b.
and c. by providing such notice or correspondence to the
First Named Insured or its Additional Insureds by electronic
means. If accomplished through electronic means, we or the
First Named Insured shall maintain proof that the notice or
correspondence was sent.
The First Named Insured agrees to pay or act as delivery
agent for notice of cancellation to all Additional Insureds.
e. Return Premiums, If Any
If the policy is canceled, any refunds due will be on a pro
rata basis. The cancellation will be effective even if the refund
has not been made or offered.
4. Eligibility
a. To be eligible for coverage you must 1. be a valid, active
and current subscriber of your Wireless Service Provider;
2. not have engaged in fraud or abuse with respect to this
or a similar communications equipment insurance program;
and 3. not be in breach of any material term of the policy,
including but not limited to failure to return damaged Covered
Property when requested in conjunction with a loss.
b. If you request enrollment of coverage and your request is
approved by us, your coverage is retroactive to the date of
your application. The successful completion of a test call to
the Covered Property may be required prior to our approval.
Eligibility for enrollment after initial activation may be subject
to limitations.
5. Changes
The First Named Insured, on its own behalf and on behalf of
the Additional Insureds, is authorized to make changes in the
terms of the policy with our consent. The policy’s terms can be
amended or waived only by endorsement issued by us and made
a part of the policy.
If notice of such changes is mailed, proof of mailing will be
sufficient proof of notice.
6. Concealment, Misrepresentation or Fraud
The policy is voidable in any case of fraud, intentional
concealment or misrepresentation of a material fact, by either the
First Named Insured or any Additional Insured or their designee
at any time, concerning:
a. The policy;
b. The Covered Property;
c. The Insured’s interest in the Covered Property; or
d. A claim under the policy;
but only with respect to their coverage.
7. Conformity To Statute
We agree that any terms of the policy not in conformity with the
statutes of the state in which the policy is issued are amended to
conform to those applicable state statutes.
8. Benefit Only Available To Insureds
No person or organization, other than an Insured, will benefit
from the insurance. We may provide you access to other limited
benefits or services related to your Covered Property where
available. These may include: property location or recovery
services; data management or recovery services; equipment
service and maintenance; reduced cost upgrade or purchase
benefits or other services provided through your Wireless Service
Provider or other authorized service facilities.
9. Legal Action Against Us
No one may bring a legal action against us under the policy unless:
a. There has been full compliance with all the terms of the
policy;
b. The action is brought within 2 years after the Insured has
knowledge of the loss or damage;
c. The action is brought in compliance with
Section G.1.
10. Liberalization
If we adopt any revision in the policy which would broaden the
Coverage under the policy without additional premium within
60 days prior to or during the policy period, the broadened
coverage will immediately apply to the policy.
11. Premiums
a. The First Named Insured is responsible for the payment of
all premiums.
b. Within fifteen days after the end of each month, the First
Named Insured:
(1) Will report to the Agent the total number of Covered
Property units that were covered under the policy as of
the last day of that month; and
(2) Will remit the monthly premium to us through the Agent
based on that report.
For Line Based Coverage, the monthly premium will
be calculated by multiplying the Monthly Premium Rate
per unit of Covered Property by the total number of
such units.
For Account Based Coverage, the monthly premium
will be calculated by summing the applicable Monthly
Premium Rates for accounts enrolled in Account
Based Coverage.
c. The First Named Insured may request that Additional
Insureds be billed for the Monthly Premium Rate applicable to
their Covered Property.
If the First Named Insured provides monthly billing and
collection services for the Agent, all funds collected by the
First Named Insured are our property.
We may examine and audit the First Named Insured’s books
and records relating to such premium payments and reporting
at any time during the policy period and up to three years
afterward.
12. Transfer of Rights and Duties Under The Policy
(Assignment)
No rights and duties under the policy may be transferred without
our written consent.
13. Transfer of Rights of Recovery Against Others To Us
(Subrogation)
If after we have made good the covered loss or damage, any
Insured has rights to recover damages from another, and those
rights are transferred to us to the extent of our cost of repair
or replacement. The Insured must do everything necessary to
secure our rights and must do nothing after loss or damage to
impair them.
DISCLOSURE – TERRORISM RISK INSURANCE ACT
In accordance with the Terrorism Risk Insurance Act, including all
amendments, (“TRIA” or the “Act”), we are required to provide you with
a notice of the portion of your premium attributable to coverage for
“certified acts of terrorism,” the federal share of payment of losses from
such acts, and the limitation or “cap” on our liability under the Act.
Disclosure of Premium: The Company has made available coverage
for “certified acts of terrorism” as defined in the Act. If purchased, the
portion of your premium attributable to coverage for “certified acts of
terrorism” is shown in the Declarations, Declarations Extension Schedule
or elsewhere by endorsement in your policy.
Federal Participation In Payment Of Terrorism Losses: If
an individual insurer’s losses from certified acts of terrorism exceed
a deductible amount specified in the Act, the federal government will
reimburse the insurer for the Federal Share of losses paid in excess of the
deductible, but only if aggregate industry losses from such acts exceed the
“Program Trigger”. The Federal Share and Program Trigger by calendar
year are: Calendar Year 2015: Federal Share 85% - Program Trigger
$100,000,000. Calendar Year 2016: Federal Share 84% - Program Trigger
$120,000,000. Calendar Year 2017: Federal Share 83% - Program Trigger
$140,000,000. Calendar Year 2018: Federal Share 82% - Program Trigger
$160,000,000. Calendar Year 2019: Federal Share 81% - Program Trigger
$180,000,000. Calendar Year 2020: Federal Share 80% - Program Trigger
$200,000,000.
Cap On Insurer Participation In Payment Of Terrorism Losses: If
aggregate insured losses attributable to “certified acts of terrorism” exceed
$100 billion in a calendar year and we have met our deductible under the
Act, we shall not be liable for the payment of any portion of the amount of
such losses that exceeds $100 billion. Nor shall Treasury make any payment
for any portion of the amount of such losses that exceeds $100 billion. In
such case, insured losses up to that amount are subject to pro rata allocation
in accordance with procedures established by the Secretary of the Treasury.
Not Insurance or Service Contract
VERIZON WIRELESS TECH COACH TERMS OF SERVICE
Your use of Verizon Wireless Tech Coach (“Services”) is subject to the
Tech Coach Terms of Service described below; Your use is also subject
to the Verizon Wireless Customer Agreement, which is available at
www.verizonwireless.com. Please read both the Tech Coach Terms of
Service and the Verizon Wireless Customer Agreement, and do not use
the Services if You disagree with them. Additional information about the
Services is available at www.verizonwireless.com.
Supported Devices & Use of Services.
The Services are available for devices associated with each line enrolled in
the Verizon Protect programs (includes Verizon Protect or Verizon Protect MD
hereinafter collectively referred to as “Protect”), the Total Mobile Protection
programs (includes “TMP” or “TMP Multi-Device,” hereinafter collectively
referred to as “TMP”) or Tech Coach (“Supported Devices”). To use the
Services, You must have an active Verizon Wireless account and a Supported
Device, and You must provide Us with the wireless number associated with
Your Supported Device when seeking Services. Data usage charges may
apply to the Services, and You are solely responsible for their payment.
In some circumstances, You may need to supply or purchase additional
equipment or software to receive the full benefit of the Services, and You are
responsible for the cost of that equipment or software.
Scope of the Services.
The Services include: (a) technical support for Your Supported Devices
and the operating systems and software applications on it; (b) technical
support for the use of Your Supported Devices with other devices and
services manufactured to be compatible with Your Supported Device
or intended to be connected to it; and (c) for select Supported Devices,
in select locations, Protect and TMP customers may be eligible for
same-day delivery services for replacements provided under their
insurance program and device setup by a delivery and setup expert
(“Setup Services”). Setup Services provided with same-day delivery
for replacements under Protect and TMP may include activation, data
migration services and/or initial device configuration and connectivity.
The Services do not include: (a) assistance with wireless network
coverage issues, such as dropped calls/data interruptions; (b) facilitating
or activating over-the-air updates to operating systems, firmware, or
other software on Your behalf; (c) diagnostic support unrelated to Your
Supported Device; (d) modification of Original Equipment Manufacturer
(“OEM”) software; (e) installation of third-party software or OEM
drivers not supported by the Supported Device; (f) setup, support or
repair of computers, peripherals or home or wireless routers, modems
or networks; (g) installation of non-sanctioned applications; (h) data
migration from computer device to computer device; or (i) assistance
with specialized devices related to medical care, including but not limited
to, emergency assistance/first responder devices.
From time to time, Verizon Wireless may make available to You certain
optional promotional offers that are separate from the Services.
Tech Coach Mobile Application.
The Services also include access to the Tech Coach Mobile Application
(“App”) that is provided to You directly by Asurion Mobile Applications,
LLC. The App provides several functions, including access to the Services
through click-to-call, click-to-chat, self-help information, and educational
notifications; and may at a future date provide other functions including
backup of photos and videos and password management and other
device and identity security features. The App is subject to a separate
end-user license agreement available at www.phoneclaim.com/verizon/
techcoachapp/terms/, which is independent of the Tech Coach Terms of
Service and Verizon Wireless Terms of Service.
Same-day Replacement Delivery and Setup Services.
If You are enrolled in Protect or TMP, and located in a market where
same-day delivery is available, You may be eligible to receive Your
replacement device on the same-day You file Your insurance claim and
it is approved for a replacement. Only claims filed and approved by
4:00 p.m., local time, and that meet the eligibility requirements, may
receive a replacement device from a delivery and setup expert by 9
p.m., local time, on the same-day their claim was filed and approved.
Your device’s eligibility for this service is determined at the time an
insurance claim is made and approved. Limitations and exclusions may
apply.1 Setup Services will not include dismantling or installation of
equipment unrelated to the replacement device. In order to be eligible
for Setup Services, someone at least 18 years of age must be present
at all times while the delivery and setup expert is on site and performing
the requested Setup Services. The delivery and setup expert will contact
You prior to delivering Your replacement device and Setup Services to
verify the delivery window. If You do not confirm Your availability for Your
scheduled delivery and Setup Services, Tech Coach reserves the right
to cancel Your delivery and Setup Services. If eligible for Setup Services,
You may be required to sign a consent form to perform the requested
services prior to any services being performed. You agree to provide a
safe, non-threatening environment for the delivery and setup expert to
perform the Setup Services. The delivery and setup expert has the right
to terminate Setup Services if they feel that You are not complying with
any requirements contained in this Agreement or any consent provided
prior to the initiation of the Setup Services. Setup Services will continue
until completion only if completion can occur within a reasonable amount
of time, reasonableness will be at the discretion of the delivery and setup
expert. In the event the Setup Services are stopped prior to Your device
setup being complete, You may continue the Setup Services by calling a
Tech Coach or clicking on the Tech Coach App.
Backup of Software and Data.
You are responsible for backing up the software or data stored on Your
Supported Device and other devices included in the Services. Verizon
Wireless is not responsible for any loss, alteration or corruption of any
software or data, and We may decline to provide Services to You if it is
determined that You have not taken appropriate back-up measures.
Commercially Reasonable Efforts.
Verizon Wireless will use commercially reasonable efforts to provide
the Services. This means that if We are unable to resolve Your issue
after making commercially reasonable efforts, We have the right
and discretion to refuse to take further efforts to do so. Additionally,
in some instances, We may have limited information from vendors,
manufacturers and developers, and We may not have the ability to
obtain the proprietary or other information required to resolve Your
issue. Some technical problems that You encounter may be the
1
Same-day delivery is available in select locations and for select devices.
Check www.phoneclaim.com/verizon to determine if Your device is eligible
and to determine markets where same-day delivery is available.
result of software or hardware errors not yet resolved by the
vendors, manufacturers or developers of that software or hardware,
in which case We may not be able to resolve Your issue. In those
circumstances, You still are liable for any fees or charges associated
with the Services.
Remote Access Applications.
To receive Services, You may be required to run certain software
applications on Your Supported Device and other devices included
in the Services (“Software”). The Software may include tools that
allow Verizon Wireless to access Your devices and any content stored
thereon remotely. You agree to comply with the terms applicable to
the Software, and in the event of a conflict between those terms and
the Tech Coach Terms of Service and the Verizon Wireless Customer
Agreement, the Software-specific terms control with regard to the
Software only. You acknowledge and agree that You will not copy
or modify the Software or any other materials provided to You in
connection with the Services.
Representations and Authorizations.
When seeking Services, You represent that You are the owner or an
authorized user of the Supported Device or other devices included
in the Services, as well as any software thereon, and We reserve
the right to refuse to provide Services to You, if We determine that
You are not the owner or authorized user. When seeking Services,
You: (a) expressly consent to Tech Coaches remotely accessing Your
Supported Device, other devices included in the Services and any
data, videos, pictures, text messages or other content thereon; (b)
expressly authorize Tech Coaches to effect changes to Your devices,
to the extent necessary to provide the Services, and You acknowledge
and agree that such changes may be permanent and irreversible;
and (c) if eligible, and choose to have Your replacement device under
Protect or TMP delivered to you same-day, with Setup Services,
expressly authorize a delivery and setup expert to deliver Your
replacement device to Your home (or designated address), and consent
to a delivery and setup expert performing certain Setup Services, in
Your home (or designated address), subject to this Agreement.
Passwords.
If You know or suspect that the passwords associated with or stored on
Your Supported Device have been available to or accessed by anyone as
a result of Your use of the Services, You should immediately change or
reset those passwords.
Claim Limitation.
Subject to the Arbitration provision in your Verizon Wireless Customer
Agreement and unless otherwise allowed by applicable law, any claim
related to the Services shall be brought within one (1) year of the events
giving rise to the claim. Failure to assert any such claim during that time
results in the claim being forever barred.
Right to Terminate.
Verizon Wireless reserves the right to suspend or terminate Your use of
the Services at any time and for any reason, including for abuse, excessive
usage or failure to pay any fees or charges associated with the Services.
We also reserve the right to change the scope or extent of the Services
at any time and for any reason. Any refund of fees or charges associated
with the Services that We may agree to pay in such circumstances will
be limited to the fees You paid in the prior month for the Services. If You
wish to terminate Your access to the Services, please contact Us by calling
(800) 922-0204 or visiting www.verizonwireless.com.
SERVICE CONTRACT
I. FEE:
You will be billed a monthly fee in the amount of $5.00, in New
York $3.90 or $4.15, based on device type, in advance, to receive
this Service Contract unless you purchase this protection as part
of a program bundle. If you purchase this protection as a part of a
program bundle your charges will be as listed below:
Program
Name
Total
Equipment
Coverage
Total Mobile
Protection
Total Mobile
Protection
Multi-Device
Total Mobile
Protection for
Business
The fee for this Service Contract is based on the device protection
program you select.
Verizon Wireless may change the monthly charge, the
administration, or the terms and conditions of this Service Contract
from time to time upon thirty (30) days written notice to you. Your
continued payment of the charges, after such notice, constitutes
your acceptance of any changes. If you change your protection
program selection, the fee may change. PLEASE REFER TO
SECTION XII. OF THIS SERVICE CONTRACT FOR STATE SPECIFIC
PROVISIONS THAT MAY APPLY TO YOU.
II. WHAT THIS SERVICE CONTRACT COVERS:
During the term of the Service Contract, Verizon Wireless will
pay for the cost of expedited shipping of your individually owned
wireless device (hereinafter the “Product”) in the event you require
a replacement. If there is a defect (including pre-existing) in the
material and/or workmanship of your Product after the original
equipment manufacturer’s warranty, and the Product has been
subject only to normal use and service, Verizon Wireless agrees
to, at its sole discretion, repair it, or replace it with a device of
comparable kind and quality at no charge, provided that you return
it in accordance with the terms of this Service Contract. If failure
occurs in the Product’s battery due to defect in the material and/or
workmanship, after the original equipment manufacturer’s warranty,
Verizon Wireless will repair, or at its sole option, replace, thebattery.
The replacement device you receive may be a new or reconditioned
device of equal or comparable value to the Product. Non-original
manufacturer’s parts may be used in reconditioned devices or
in covered repairs. All Products replaced by Verizon Wireless
Program
Price
$7.00 or $11.00 $3.90 or $4.15
$12.00 or
$15.00
$45.00
$45.00$10.65
Service
Contract Price
$3.90 or $4.15
$10.65
first 3 lines
$3.75 each
additional line
shall become the property of Verizon Wireless. THIS SERVICE
CONTRACT COVERS THE WIRELESS DEVICE ONLY AND NOT
ITS ACCESSORIES, INCLUDING THOSE CONTAINED WITHIN THE
PRODUCT IN THE ORIGINAL PACKAGING FROM THE ORIGINAL
EQUIPMENT MANUFACTURER.
III. WHAT THIS SERVICE CONTRACT DOES NOT COVER:
A. Defects or damage resulting from use of the Product in other
than its normal and customary manner;
B. Defects or damage from misuse, abuse, accident or neglect;
C. Defects or damage from improper operation, maintenance,
installation, adjustment or any alteration or modification of
any kind;
D. Products disassembled or repaired in such a manner as to
adversely affect performance or prevent adequate inspection
and testing to verify any claim;
E. Products with labels removed or illegible serial numbers;
F. Defects or damage due to spills of or immersion in food
or liquid;
G. Scratches on all plastic surfaces and externally exposed parts
resulting from normal use;
H. Damage resulting from normal wear and tear;
I. Defects or damage covered by the original equipment
manufacturer’s warranty; and/or
J. Damage caused by abuse, intentional acts, or the use of the
Product in a manner inconsistent with the use for which it
was designed, intended or advised by the original equipment
manufacturer or that would void such manufacturer’s warranty.
IV. HOW LONG THIS SERVICE CONTRACT LASTS:
Verizon Wireless will provide the benefits described in Paragraph ll.
beginning on the date your Verizon Wireless service is activated on
the Product and the services under this Service Contract are added
to your account, and will continue to provide such benefits on a
month-to-month basis for as long as you subscribe to this program
or for the duration of your continuous active service with Verizon
Wireless using the Product, whichever occurs first. Activation will
be deemed to be no later than fifteen (15) days from the date of
delivery of the Product to you, the owner.
V. HOW TO GET YOUR PRODUCT REPAIRED OR REPLACED
UNDER THIS SERVICE CONTRACT:
At Verizon Wireless’ sole discretion, claim fulfillment will be
providedat select Verizon Wireless operated retail stores, or by
calling Verizon Wireless at (866) 406-5154 (toll free from a landline
phone). Your Product may be repaired or replaced at a Verizon
Wireless Authorized Repair Facility. If there are no Verizon Wireless
Authorized Repair Facilities available in your area, Verizon Wireless
will provide you with a replacement device. In the event Verizon
Wireless arranges for the repair of the Product, you may be required
to deliver your Product for repair as directed by Verizon Wireless. If
Verizon Wireless arranges for the replacement of your Product, the
replacement device will be shipped directly to you within 5 business
days, or you may be required to pick-up the replacement device
at a Verizon Wireless retail location in your area.Once you receive
your replacement device, you must return your defective Product
to Verizon Wireless in the shipping package we include with the
replacement device within five (5) days. If you do not return your
defective Product or if you return a Product that is not covered
pursuant to Section III of this Service Contract, you will be charged
up to the full retail price of the replacement device, which may
exceed $800. However, if you are notified by us that your Product
is damaged due to something that is not covered by this Service
Contract, you may return the replacement device to Verizon Wireless
in the shipping package it came in to avoid being charged the value
of the replacement device. Replacement devices and accessories
returned must be in like-new condition to avoid
being charged a fee.
VI. REQUIRED CLAIM SERVICE FEE:
There is no claim service fee.
VII. YOUR OBLIGATIONS UNDER THIS SERVICE CONTRACT:
You must use the Product in a normal way; you must protect against
further damage to the Product if there is a covered defect; you must
follow the Product’s instruction manual.
VIII. HOW AND WHEN YOU OR WE MAY TERMINATE THIS
SERVICE CONTRACT:
Subject to any State Specific Requirements set forth in Section XII,
we may terminate this Service Contract at any time. You may
terminate this Service Contract at any time by visiting any Verizon
Wireless operated retail location, calling (866) 406-5154 (toll
free from a landline phone), or by visiting the MyVerizon page at
verizonwireless.com and requesting cancellation. If your wireless
service with Verizon Wireless is terminated or expires for any
reason, you will be deemed to have terminated this Service
Contract. If Verizon Wireless terminates this Service Contract you
will receive a prorated refund of the most recent monthly fee paid.
Cancellation of this Service Contract by Verizon Wireless will be
effective no less than thirty (30) days after you receive notice of
cancellation. The notice will state the effective date of and reason
for cancellation. If you terminate this Service Contract within thirty
(30) days of activation of service or other authorized enrollment
under this Service Contract plan, whichever is later, and no claim
has been made hereunder you will receive a full refund of any
amounts paid for it. If you cancel this Service Contract within this
time period we will provide you with a refund no later than thirty
(30) days after you notify us that you wish to cancel. If we do not
provide the refund to you within this time period, you are entitled to
receive a refund in the amount of what you paid, plus an extra ten
percent (10%) for each month in which the refund is not provided to
you. If you terminate this Service Contract more than thirty (30) days
after activation of service or other authorized enrollment under this
Service Contract plan, whichever is later, or if a claim has been paid
during that period, you will receive a prorated refund of the most
recent monthly fee paid.
IX. OTHER CONDITIONS:
This Service Contract is extended to the original owner only and
may not be assigned or transferred to a subsequent owner. This
is Verizon Wireless’ complete Service Contract for your Product.
Verizon Wireless assumes no obligation or liability for additions or
modifications to this Service Contract unless made in writing and
signed by an officer of Verizon Wireless. Verizon Wireless does not
warrant the installation, maintenance or service of the Product,
accessories, removable batteries or parts.
A. Verizon Wireless is not responsible in any way under this Service
Contract for any ancillary/peripheral equipment attached to
or used in connection with the Product, or for operation of
the Product with any ancillary/peripheral equipment. All such
equipment is expressly excluded from this Service Contract.
Furthermore, Verizon Wireless is not responsible for any damage
to the Product resulting from the use of ancillary/peripheral
equipment not included with the Product in the original
packaging from the original equipment manufacturer.
B. When the Product is used in conjunction with ancillary/
peripheral equipment not included with the Product in the
original packaging from the original equipment manufacturer,
Verizon Wireless does not warrant and shall not supply service in
connection with the operation of the Product/peripheral/ancillary
combination, and Verizon Wireless will honor no claim where the
Product is used in such a combination and it is determined by
Verizon Wireless that there is no fault with the Product. Verizon
Wireless specifically disclaims any responsibility for any damage
caused in any way by the use of Product accessories/peripherals
(specific examples include, but are not limited to, batteries,
chargers, adapters and power supplies) when such accessories/
peripherals are not included with the Product in the original
packaging from the original equipment manufacturer.
C. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE FOR
DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE
PRODUCT OR ANY REPLACEMENT PRODUCT PROVIDED
HEREUNDER, FOR ANY LOSS OF USE, LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS
OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES OR
ATTORNEYS’ FEES ARISING OUT OF THE USE OR INABILITY
TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE
DISCLAIMED BY LAW.
X. GENERAL PROVISIONS:
A. This Service Contract sets forth our responsibilities regarding
the Product. Repair or replacement of the Product, as described
herein, is your exclusive remedy. THIS DOCUMENT IS NOT A
WARRANTY OR INSURANCE.
B. Obligations of Verizon Wireless under this Service Contract are
backed by the full faith and credit of Verizon Wireless.
XI. OTHER RIGHTS:
This Service Contract gives you specific legal rights. You may have
additional rights that vary from state to state.
HOW DO I RESOLVE DISPUTES WITH VERIZON?
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF
THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS
SECTION OUTLINES WHAT’S EXPECTED OF BOTH OF US.
YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES
ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU
UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING
UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT
OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT,
AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES
AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS
AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR
AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN
AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS
AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES,
ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT
OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS
AND SERVICES YOU RECEIVE FROM US (OR FROM ANY
ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES),
INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES
OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL
ARBITRATORS BEFORE THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU
(“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY
HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL
GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY
CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT
TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE
STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE
ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR
BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA’S
CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS
OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM
CAN CHOOSE EITHER THE AAA’S CONSUMER ARBITRATION
RULES OR THE BBB’S RULES FOR BINDING ARBITRATION
OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES
AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG),
THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF
$10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE
THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS
SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN
PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR
COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB
PROCEDURES OR RULES WOULD. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS AGREEMENT, THE
ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE
RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY
TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S
INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR
PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY
OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN
ANY ARBITRATION HELD UNDER THIS AGREEMENT.
ANY QUESTION REGARDING THE ENFORCEABILITY
OR INTERPRETATION OF THIS PARAGRAPH SHALL BE
DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER
THIS AGREEMENT, THE PARTY SEEKING ARBITRATION
MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE
IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING
THE ARBITRATION. NOTICE TO VERIZON SHOULD BE SENT
TO VERIZON WIRELESS DISPUTE RESOLUTION MANAGER,
ONE VERIZON WAY VC54S092C, BASKING RIDGE, NJ 07920.
THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM
AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO
RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY
MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
WE’LL REIMBURSE ANY FILING FEE THAT THE AAA OR
BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE.
IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT
YOU CANNOT PAY THE FILING FEE, VERIZON WILL PAY THE
FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION
PROCEEDS, WE’LL ALSO PAY ANY ADMINISTRATIVE AND
ARBITRATOR FEES CHARGED LATER.
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF
PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM.
THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT
AFFECT EITHER PARTY’S RIGHTS IN ANY OTHER ASPECT
OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR
VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN
EMPLOYEE WHO’S NOT DIRECTLY INVOLVED IN THE DISPUTE
TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON
HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR
AND THE PROCESS HAS ALL OF THE PROTECTIONS
ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING
SAID IN THE MEDIATION CAN BE USED LATER IN AN
ARBITRATION OR LAWSUIT. IF YOU’D LIKE TO KNOW MORE,
PLEASE CONTACT US AT VERIZONWIRELESS.COM OR
THROUGH CUSTOMER SERVICE. IF YOU’D LIKE TO START THE
MEDIATION PROCESS, PLEASE GO TO VERIZONWIRELESS.
COM OR CALL CUSTOMER SERVICE FOR A NOTICE OF
DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO
US ACCORDING TO THE DIRECTIONS ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN
SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION
HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT
OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR
UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON
THE CLAIM. IF YOU DON’T ACCEPT THE OFFER AND THE
ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT’S
MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF
WE DON’T MAKE YOU AN OFFER, AND THE ARBITRATOR
AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN
$5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF
THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO
PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES,
REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR
YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN
$5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING
IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN
ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS
ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT
BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN
THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO
THAT DISPUTE OR PART OF THE DISPUTE.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT
RATHER THAN THROUGH ARBITRATION, YOU AND
VERIZON AGREE THAT THERE WILL NOT BE A JURY TRIAL.
YOU AND VERIZON UNCONDITIONALLY WAIVE ANY RIGHT
TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR
COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION,
THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN
CONSENT TO A TRIAL BY THE COURT.
XII. STATE SPECIFIC PROVISIONS
A. For residents of California, if you cancel this Service Contract
thirty (30) days after receipt of this Service Contract, and no
claim has been made hereunder you will receive a full refund of
any amounts paid for it. If we fail to provide you with a refund
within thirty (30) days of you notifying Verizon Wireless that you
wish to cancel you are entitled to receive an extra ten percent
(10%) for each month, or fraction thereof, in which your money
is not refunded.
B. For residents of Connecticut, you may file a claim with Liberty
Mutual Insurance Company, 175 Berkeley Street, Boston,
Massachusetts 02116 directly if Verizon Wireless fails to perform
according to the terms hereof. The second Section VIII. is deleted
and replaced with the following: “You may terminate this Service
Contract at any time for any reason by visiting any Verizon
Wireless operated retail location, calling (866) 406-5154 (toll
free from a landline phone), or by visiting the MyVerizon page at
verizonwireless.com and requesting cancellation.” Any disputes
between Verizon Wireless and residents of Connecticut arising
under this Service Contract shall be decided by an arbitration
process. A written complaint containing a description of the dispute,
the purchase price, and a copy of the Service Contract form can
be mailed to: State of Connecticut, Insurance Department, P.O. Box
816,Hartford, CT 06142- 0816, Attn.: Consumer Affairs.
C. For residents of Georgia, this Service Contract can only be
terminated by Verizon Wireless before the expiration of the
monthly term for fraud, material misrepresentation or your
failure to pay amounts due hereunder. You may file a claim
with Liberty Mutual Insurance Company, 175 Berkeley Street,
Boston, Massachusetts 02116, directly if Verizon Wireless does
not honor your claim within sixty (60) days after you filed your
proof of loss. All cancellations will conform to OCGA 33-24-
44. Section XI. of this Service Contract does not preclude you
from bringing issues to the attention of federal, state, or local
agencies or entities of your dispute. Such agencies or entities
may be able to seek relief on your behalf.
D. For residents of Kentucky, you may file a claim with Liberty
Mutual Insurance Company, 175 Berkeley Street, Boston,
Massachusetts 02116, directly if Verizon Wireless does not honor
your claim within sixty (60) days after you filed your proof of loss.
E. For residents of Nevada, Verizon Wireless may not terminate
this Service Contract before the expiration of the monthly term,
if the Service Contract has been in effect for seventy (70) days,
except if you: (1) fail to pay an amount when due; (2) commit
fraud or make a material misrepresentation in obtaining this
Service Contract, or in presenting a claim; or (3) perform
any act or omission or violate any condition of this Service
Contract after its effective date that substantially and materially
increases the service required under this Service Contract. If
we fail to pay the cancellation refund as stated in Section VIII.,
the penalty will be ten percent (10%) of the purchase price for
each thirty (30) day period or portion thereof that the refund
and any accrued penalties remain unpaid. In the event you do
not receive satisfaction under this Service Contract, complaints
or questions about this Service Contract may be directed to the
Nevada Department of Insurance, telephone (888) 872-3234.
F. For residents of New Hampshire: In the event you do not receive
satisfaction under this contract, you may contact the New Hampshire
Insurance Department at 21 South Fruit Street, Suite 14, Concord,
New Hampshire 03301 or (603) 271-2261. Section XI. of this
Service Contract is subject to Revised Statutes Annotated 542.
G. For residents of New Mexico, Verizon Wireless may not terminate
this Service Contract before the expiration of the monthly term,
if the Service Contract has been in effect for seventy (70) days,
except if you: (1) fail to pay an amount when due; (2) commit
fraud or make a material misrepresentation in obtaining this
Service Contract, or in presenting a claim; (3) are convicted of a
crime that results in an increase in the service required under this
Service Contract; or (4) perform any act or omission or violate any
condition of this Service Contract that substantially and materially
increases the service required under this Service Contract.
H. For residents of New York, notwithstanding Section V. of this Service
Contract, Verizon Wireless does not provide any repair or replacement
services in its stores in New York City, New York. If you have any
questions about repair or replacement services, contact Verizon
Wireless at (866) 406-5154 (toll free from a landline phone).
I. For residents of North Carolina, Verizon Wireless may terminate
this Service Contract before the expiration of the monthly term
only if you fail to pay an amount when due or you violate any
term of this Service Contract. The purchase of this Service
Contract is not required either to purchase or to obtain financing
for the Product.
J. For residents of Oklahoma, you may file a claim with Liberty
Massachusetts 02116, directly if Verizon Wireless does not honor
your claim within sixty (60) days after you filed your proof of loss.
K. For residents of Oregon, Section XI. is replaced with the following:
IN THE EVENT WE CANNOT RESOLVE ANY DISPUTE, YOU
AND WE MAY, IN A SEPARATE AGREEMENT, CONSENT TO
ARBITRATION. YOU AND VERIZON WIRELESS UNCONDITIONALLY
WAIVE ANY RIGHT TO CLASS ACTIONS, CLASS OR COLLECTIVE
ARBITRATIONS AND A TRIAL BY JURY IN ANY RELATED ACTION
OR PROCEEDING. Any arbitration proceedings shall be conducted
within the state of Oregon. ANY ARBITRATION OCCURRING
UNDER THIS SERVICE CONTRACT SHALL BE ADMINISTERED IN
ACCORDANCE WITH THE AAA RULES UNLESS ANY PROCEDURAL
REQUIREMENT OF THE AAA RULES IS INCONSISTENT WITH
THE OREGON UNIFORM ARBITRATION ACT IN WHICH CASE THE
OREGON UNIFORM ARBITRATION ACT SHALL CONTROL AS TO
SUCH PROCEDURAL REQUIREMENT.
L. For residents of South Carolina, in the event of a dispute with us,
you may contact the South Carolina Department of Insurance,
Capital Center, 1201 Main Street, Suite 1000, Columbia, SC
29201 800-768-3467.
M. For residents of Texas, if you cancel this Service Contract at
any time Verizon Wireless will provide you with the refund due
under this Service Contract no later than forty-five (45) days
after you notify Verizon Wireless that you wish to cancel. If
Verizon Wireless does not refund your money during this time
period, you are entitled to receive the refund due, plus an extra
ten percent (10%) for each month in which your money is not
refunded. Unresolved complaints or questions concerning this
Service Contract may be addressed to the Texas Department
of Licensing and Regulation at P.O. Box 12157, Austin, Texas
78711 or (512) 463-6599.
N. For residents of Virginia, if any promise made in the contract has
been denied or has not been honored within 60 days after your
request, you may contact the Virginia Department of Agriculture
and Consumer Services, Office of Charitable and Regulatory
Programs at www.vdacs.virginia.gov/food-extended-servicecontract-providers.shtml to file a complaint.
O. For residents of Wisconsin, this Service Contract may only be
terminated by Verizon Wireless before the expiration of the
monthly term for nonpayment by you of any amount due
hereunder, material misrepresentation by you, or a substantial
breach of duties by you. In the event of a total loss of the
Product that is not covered by a replacement under this Service
Contract, you may cancel this Service Contract and you will
receive a prorated refund of the most recent monthly fee paid.
By agreeing to Section XI., YOU AND VERIZON WIRELESS
BOTH AGREE TO RESOLVE SERVICE CONTRACT DISPUTES
ONLY BY ARBITRATION OR SMALL CLAIMS COURT, AND
UNCONDITIONALLY WAIVE ANY RIGHT TO CLASS OR
COLLECTIVE ARBITRATIONS AND A TRIAL BY JURY IN ANY
RELATED ACTION OR PROCEEDING. PLEASE SEE SECTION X.B.
FOR OTHER IMPORTANT TERMS REGARDING ARBITRATION
AFFECTING YOUR RIGHTS. THIS CONTRACT IS SUBJECT
TO LIMITED REGULATION BY THE OFFICE OF THE
COMMISSIONER OF INSURANCE. The first sentence of
Section XI.(1) is deleted in its entirety.
P. For residents of Wyoming, Section XI. of this Service Contract
is replaced with the following: IF THERE ARE DISPUTES
BETWEEN YOU AND US THAT ARE NOT RESOLVED BY
NEGOTIATIONS, YOU AND WE MAY IN A SEPARATE WRITTEN
AGREEMENT VOLUNTARILY CONSENT TO ARBITRATION. ANY
ARBITRATION PROCEEDINGS SHALL BE CONDUCTED WITHIN
THE STATE OF WYOMING.
SELLER:
The Provider of this contract who is financially and legally obligated to
perform service is
Verizon Wireless Services, LLC
One Verizon Way
Basking Ridge, NJ 07920
1.866.406.5154
Form 3301 v.3 (Rev. 8/20) - Verizon Wireless
TMP, TMP MD, Verizon Protect, and Verizon Protect
MD customers should download the following app:
Tech Coach
Learn the features that will save you time
and help you use your device to its fullest.
Verizon Protect and Verizon Protect MD customers
should also download the following apps:
Digital Secure
One-stop suite of privacy and security tools for
your mobile devices and home computers.
Call Filter Plus
Identify unknown numbers.
1
Binding Arbitration:
WHILE WE TRY AND RESOLVE DISPUTES, THE
INSURANCE POLICY CONTAINS A MANDATORY
BINDING ARBITRATION PROVISION THAT REQUIRES
THE SUBMISSION OF ALL DISPUTES (EXCEPT
WHERE EXPRESS STATE EXEMPTIONS ARE
PROVIDED) TO ARBITRATION IN ACCORDANCE
WITH THE PROVISIONS SET FORTH IN SECTION G.1.
OF THE POLICY.
1
The Tech Coach app collects data from the user’s device to facilitate certain Tech Coach services,
including but not limited to the Tap-to-Call, Tap-to-Chat and device optimization and insights
functionalities. This data is used solely for Tech Coach services. The Tech Coach app is provided
by Asurion Mobile Applications, LLC. For complete details, see the Tech Coach terms of service.
Device must be on and within the Verizon Wireless Data Network Coverage Area for the Tech Coach
app to function. Data usage applies for download and use. The self-help and proactive support
functionalities are available at no charge for eligible devices.
2
Please refer to the Verizon Protect pages of this brochure for important information about Digital
Secure and Call Filter Plus.
ASVZW-11818-20 • MKT63961
VZPNY0720
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