Terms of Service – Legal Policy Center – AT&T
welcome to the at&t protection advantage for 1
important information, including terms and conditions.
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effective as of October 5, 2022
Reading: What does protect advantage insurance for 1 cover
at&t protection benefit for 1 program details
includes at&t protect insurance for 1, protech app, photo storage app, and protech support for eligible enrolled device.
if you were previously enrolled in at&t mobile insurance or at&t protection insurance for 4, claims under those programs that are less than 12 months old will roll over and apply to the claim limits on a certificate of coverage newly issued to at&t protect insurance for 1.
For a partial list of eligible devices, please see the Partial List of Devices Eligible for Screen Repair in this brochure. go to phoneclaim.com/att to see if your device is eligible for repair. devices and areas subject to change at any time.
*claims approved before 6:00 p.m. m. They are shipped the same day and in most cases are delivered the next day. Deliveries to Alaska, Hawaii, Puerto Rico and the United States Virgin Islands cannot be shipped for overnight delivery.
wireless home phone: includes wireless home phone device, power cord, backup battery, phone cord and sim card.
tablet: includes wireless tablet and, if part of the loss, standard battery charger and sim card.
For coverage to apply to a particular device, you must own or lease the device and have used it (logged voice or data usage) on your enrolled wireless line after initial enrollment. coverage applies to only one device at a time and the covered device will be your most recently used device on your wireless line at the time of loss.
For current and updated program terms, see att.com/paterms1.
1) resolve any dispute through binding, individual arbitration or small claims court action rather than in the courts of general jurisdiction; and
2) waive your rights to a jury trial and to participate in class actions or class arbitrations.
To see your device deductible amount, visit phoneclaim.com/att or call asurion at 888-562-8662. some devices may move to a different deductible level during their lifecycle.
important disclosures for at&t protect insurance for 1
cover is optional
at&t protect for 1 insurance is optional insurance coverage that you do not need to purchase to purchase services or devices. Program enrollment and replacement authorization will be at the sole discretion of Continental Casualty Company, a CNA member firm; asurion, the plan administrator; or any other authorized representative of cna in accordance with the terms of the coverage certificate and applicable law.
limitations and exclusions
Insurance coverage contains limitations and exclusions. for example, intentional damage, cosmetic damage, and device failure due to faulty parts or workmanship are excluded. full exclusions and limitations can be found in the enclosed Certificate of Coverage.
customer satisfaction
asurion and cna strive to satisfy every customer and we ask that you allow us the opportunity to resolve any questions, concerns or complaints you may have by calling us at 888.562.8662.
for residents of california, indiana and maryland
The consumer hotline for the California Department of Insurance is 800.927.help (4357), for the State of Indiana Department of Insurance it is 800.622.4461, and for the Maryland Insurance Administration it is 800.492.6116.
communications
if you have provided or in the future will provide your email or other electronic address to at&t, we may communicate to you at&t protect advantage for 1 program information and legal notices through electronic means. if an email is not provided, the information will be sent to you.
easy claim process
To file a claim quickly and easily, visit phoneclaim.com/att or call 888.562.8662.
Representatives are available to assist you Monday through Friday from 8 a.m. to 5 p.m. m. to 10 p.m. m. et; Saturday and Sunday from 9 a.m. to 9 p.m. et.
- report the claim within 60 days of the date of the loss.
- if your device is lost or stolen, please contact at&t customer care at 866.mobility to temporarily suspend service to prevent unauthorized use.
- If your device is defective or damaged, and a replacement device is provided, you must return it using the prepaid shipping label provided with your replacement device. Non-return fees of up to $850 may be added to your wireless bill for failure to return your defective or damaged device.
- once your claim is approved, you can receive your replacement device as soon as the next day. Deliveries to Alaska, Hawaii, Puerto Rico and the United States Virgin Islands cannot be shipped for overnight delivery.
- physical damage.
- theft or loss by mysterious disappearance or other involuntary permanent loss of possession.
- mechanical or electrical failure.
- any property or equipment that is not covered.
- contraband or property in the course of illegal transportation or trade.
- property in transit to you from a manufacturer or seller other than the authorized service center.
- data, non-standard external media, and non-standard software.
- Covered accessories will only be covered when they are part of a loss to covered property that is not covered accessories.
- any wireless device whose unique identification number (imei or esn, etc.) has been altered, defaced, or removed.
- indirect or consequential loss, including loss of use; business interruption, loss of market, loss of service, loss of profit, inconvenience or delay in the repair or replacement of lost or damaged covered property.
- loss due to intentional separation of covered property by you or any person entrusted with covered property.
- loss due to intentional, dishonest, fraudulent or criminal acts by you or your family members; any of your authorized representatives or any person to whom you entrust the property and any of your relatives; or any other person with an interest in the property for any purpose, acting alone or in collusion with others.
- loss due to obsolescence, including technological obsolescence or depreciation in value of covered property.
- loss caused by or resulting from any cosmetic damage to the covered property, however caused that does not affect the function of the covered property. such excluded types of loss include, but are not limited to, scratches, damage, cracks, and changes or improvements in color, texture, or finish that occur on the covered property that do not affect the function of the covered property.
- loss caused by or resulting from faulty repair, adjustment, installation, service, or maintenance, unless fire or explosion occurs, and then only for loss of covered property resulting from a subsequent fire or explosion.
- loss caused by or resulting from unauthorized repair or replacement.
- loss caused by or resulting from the discharge, dispersion, seepage, migration, release or escape of contaminants.
- loss caused by abuse of the covered property or resulting from the use of the covered property in a manner for which it was not designed or intended by the manufacturer, or any act which voids the manufacturer’s warranty.
- loss caused by or resulting from failure to follow the manufacturer’s installation, operation or maintenance instructions.
- loss caused by or resulting from an error or omission in the design, programming, or system configuration of the covered property, or manufacturer’s recall.
- loss due to mechanical or electrical failure occurring during the term of the manufacturer’s warranty.
- loss caused by or resulting from any malware.
- loss caused by or resulting from a nuclear reaction or radiation, or radioactive contamination, however caused. however, if nuclear reaction or radiation, or radioactive contamination, causes a fire, we will pay for the resulting loss caused by such fire.
- loss caused by or resulting from war, including civil or undeclared war; warlike action by a military force, including action that hinders or defends against actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or insurrection, rebellions, revolution, usurpation of the power of action taken by governmental authority to hinder or defend against any of these.
- loss caused by or resulting from government action, which means seizure or destruction of property by order of a government authority, including economic and trade sanctions as provided by applicable law and us. uu. treasury department guidelines.
- data loss or corruption, non-standard external media, and non-standard software.
- loss caused by or resulting from a failure to do what is reasonably necessary to minimize the loss and protect the covered property from any further loss.
- In the event of loss, we will arrange for replacement or, at our sole discretion, repair of the covered property through the authorized service center.
- An insured subscriber will not be entitled to cash, although we may elect to provide a cash settlement of the cost of replacing the covered property, rather than the actual replacement or repair of the covered property.
- At our discretion, we may repair covered property with substitute parts or provide substitute equipment that:
- is of the same type and quality;
- is new or refurbished and may contain original or non-original manufacturer parts; and
- may be a different make, model, or color.
- Replacement equipment will be equipment approved for use on the service provider’s network and in the same category of equipment as the covered property at the time of loss.
- An equipment failure evaluation by the service provider and/or our authorized representative and/or the manufacturer, at our discretion, may be required prior to approving your request for repair or replacement of the covered property.
- In the event of loss or theft of your covered property, you must notify your service provider as soon as possible to suspend service.
- If a claim involves a violation of law or any loss of possession, you agree to immediately notify the law enforcement agency having jurisdiction and obtain confirmation of this notification.
- You must report the loss immediately to our authorized representative no later than sixty (60) days from the date of the loss. If you do not report the loss within sixty (60) days, you will have lost your claim. You must submit all claims through our authorized representative for our approval prior to repair or delivery of replacement equipment. any claim that is not submitted through our authorized representative for our approval will not be honored or honored.
- will do what is reasonably necessary to minimize the loss and protect the covered property from any further loss.
- You may be required to provide us with detailed written proof of loss statement, a police report case number, and/or a copy of the police report within sixty (60) days from the date it is reported loss and prior to repair or receipt of replacement equipment. in the event of loss, you may be required to provide a copy of the original bill of sale. You may also be required to present or provide a photocopy of a government-issued photo ID.
- If the cause of the loss is not loss or theft, you must keep the covered property until your claim is completed. if the cause of the loss is loss or theft and the covered property is subsequently recovered, you must notify our authorized representative, even if your claim has already been completed. if we replace covered property, we may require you to return it to us at our expense. if we instruct you, you must return the covered property to us in the return mailing we provide within ten (10) days or pay the unreturned equipment charge applicable to the model of covered property that sustained the loss. You can avoid this charge by simply returning the covered property as directed.
- in the event of loss, you must allow us to inspect the property and records proving the loss. You must cooperate in the investigation of such claim. upon request, you must permit us to question you under oath at such times as are reasonably necessary on any matter relating to this insurance or your claim, including your books and records. Your responses must be signed and may be recorded.
- You must provide our authorized representative with all information necessary to approve your claim for replacement or repair of the covered property within sixty (60) days from the date you report your loss to us. If you do not take delivery of the repaired or replacement equipment within sixty (60) days after approval of our claim, the repaired or replacement equipment and your claim under this certificate will be forfeited.
- In case of loss, you must satisfy the non-refundable deductible, plus applicable taxes.
- In the event we arrange to repair your covered property, you may be required to mail or deliver your covered property for repair as directed by us.
- Cancellation Provisions.
- You may cancel coverage under this Certificate by mailing or giving us advance written notice indicating when such cancellation will take effect. You may send your written notice to our authorized representative as follows: Asurion Customer Care Center, p.o. box 411605, kansas city, mo 64141-1605.
- The service provider may cancel coverage under this certificate by mailing or giving us advance written notice indicating when such cancellation will take effect. We, or the service provider on our behalf, will mail or deliver a written notice informing you of the cancellation of this certificate. the written notice may be mailed or delivered at least thirty (30) days prior to cancellation, or such longer period as may be required by law.
- We may cancel this certificate or change the terms and conditions only with at least thirty (30) days’ notice, or such longer period as required by law, unless we cancel for the following reasons:
- We will cancel your coverage under this Certificate upon fifteen (15) days’ notice, or such longer period as may be required by law, for discovery of fraud or material misrepresentation in obtaining coverage or making a claim under the same.
- We will cancel your coverage under this certificate immediately, or by providing additional notice as required by law, for nonpayment of premium.
- We will cancel your coverage under this Certificate immediately, or by providing additional notice as required by law, if you exhaust the total limit of liability, if any, under the terms of this Certificate and we send you notice of cancellation. within thirty (30) calendar days following the exhaustion of the limit. however, if notice is not provided on time, enrollment will continue despite the added limit of liability until notice of cancellation is sent to you.
- We will terminate your coverage under this certificate immediately, without notice, if you cease to have active service with the service provider.
- How notice of cancellation is provided.
- Notice made pursuant to sections a. 2 or 3 will be in writing and will include the actual reason for the cancellation and the effective date of the cancellation. coverage will end on that date.
- Notice may be mailed or delivered to the Service Provider at its last known mailing address. Notices may be mailed or delivered to your last known postal or electronic address on file with us.
- We or the Service Provider will maintain proof of shipment in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. we or the service provider may comply with sections a.2 or 3 by providing such notice or correspondence electronically. if achieved through electronic means, we or the service provider will retain evidence that the notice or correspondence was sent.
- If coverage under this certificate is cancelled, any unearned premium due will be refunded to you on a prorated basis.
- To be and remain eligible for coverage:
- You must have activated Communications Service directly with your Service Provider and be a current, active and valid subscriber of your Service Provider to be covered by The policy. covered property must be actively registered in the service provider’s network on the date of loss and have recorded usage time prior to the date of loss.
- The covered property must be designated by us and be eligible for coverage under this certificate. eligibility may be limited to new equipment that has not been previously activated for service.
- You must not have committed fraud or abuse with respect to this or a similar communications equipment insurance program.
- You must not have exhausted the benefits available under a CNA certificate of coverage issued through your service provider by exhausting the aggregate limit. (see section iii.b).
- You must not violate any material term of this Certificate, including but not limited to: failing to return damaged covered property when requested in conjunction with a loss; or, failing to meet the required deductible on a loss.
- You are responsible for payment of all premiums under the terms of this certificate.
- The insurance provided under this certificate is provided on a monthly basis unless: you cease to be a valid, active and current subscriber of your service provider; or you or your covered property is no longer eligible for coverage.
- all claims for loss under this certificate will be valid within thirty (30) days after presentation and acceptance of satisfactory proof of interest and loss to our authorized representative and compliance by you of their duties in the event of a loss.
- If you and we disagree on the value of the covered property or the amount or satisfaction of the loss, either of us may elect arbitration in accordance with section viii.g. below.
- Any recovery or salvage of a loss will accrue in full to our benefit until the expense incurred by us has been covered. at our request, any damaged equipment will be returned to us. All covered property that we replace is the property of cna and may be disabled, destroyed, or reused. We will not provide replacement equipment if you fail to comply with the terms of this certificate due to: failure to return damaged covered property when requested in conjunction with a prior loss; or, because you failed to meet the unreturned equipment charge or deductible for a prior loss.
- You may not assign this certificate without our written consent.
- If any insured subscriber for whom we accept a claim under this certificate is entitled to recover damages from another, those rights transfer to us. that the insured subscriber must do everything necessary to secure our rights and must do nothing after a loss to impair them; but you may waive your rights against another party in writing:
- prior to a loss.
- after a loss, only if, at the time of the loss, that party is one of the following:
- someone covered by this certificate;
- a business enterprise;
- owned or controlled by the insured subscriber; or
- who owns or controls the insured subscriber; or
- the tenant of the insured subscriber.
- concealment, misrepresentation or fraud
your coverage will be canceled and any claim may be denied in the event of fraud, intentional concealment or misrepresentation of a material fact, at any time, with respect to:
this coverage;
- the covered property;
- your interest in the covered property; or
- a claim under this certificate.
-
arbitration agreement. Please read this arbitration agreement provision of this certificate (arbitration agreement) carefully. it affects your rights. most of your concerns about this certificate can be resolved simply by contacting our authorized representative at 1-888-562-8662. In the unlikely event that we are unable to resolve any disputes, including claims under this Certificate, that you or we may have, you and we agree to resolve those disputes through binding arbitration or small claims court. instead of courts of general jurisdiction. you and we agree that any arbitration will take place only on an individual basis. you and we agree: (1) to waive our rights to a jury trial, and (2) not to participate in any class arbitration or class action. 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 the courts. arbitrators can award the same damages that a court can award.
For purposes of this arbitration agreement, references to “we” and “us” include our authorized representative, continental liability company, service provider, and their respective parents, subsidiaries, affiliates, agents, employees , successors and assigns. this certificate evidences a transaction in interstate commerce; accordingly, federal arbitration law governs the interpretation and enforcement of this arbitration agreement. this arbitration agreement will survive the termination of this certificate.
This arbitration agreement is intended to be construed broadly and includes any dispute: (1) arising out of or relating in any way to this agreement or program or to the relationship between you and us, whether contractual, tort, statute, fraud, misrepresentation or otherwise; (2) that arose before you and we entered into this arbitration agreement or certificate or that arose after this arbitration agreement or certificate is terminated; and (3) that you are currently the subject of 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 agency or entity about your dispute. such agencies or entities may seek assistance on your behalf.
If either you or we intend to seek arbitration, we must first send the other party a written notice of claim (“Notice”) by certified mail. Your notice should be addressed to: Legal Department, p.o. box 110656, nashville, tn 37222-0656. 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 notice, you or we may initiate arbitration with the American Arbitration Association (“AAA”). You may obtain the necessary forms to initiate an arbitration proceeding by visiting www.adr.org or by calling 1-800-778-7879. After we receive notice that the arbitration has begun, we will reimburse you for any filing fees paid 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 37222-0656. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and 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 may 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 subject to the terms of this arbitration agreement. all issues are for the arbitrator to decide, including the scope of this arbitration agreement, except that issues regarding the enforceability of this arbitration agreement may be decided by a court. Unless you and we agree otherwise, any arbitration proceeding 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 arbitrate 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 an arbitration proceeding 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 the arbitrator determines that your dispute was frivolous or brought for an improper purpose under federal rule of civil procedure 11(b). ). in that case, the payment of such fees will be governed by the arbitration rules.
Upon completion of the arbitration proceeding, the arbitrator shall issue a written decision that includes an explanation of the facts and law on which the decision is based. If the arbitrator finds in your favor and makes a damages award that is greater than the value of the last settlement offer we made or if we made no settlement offer and the arbitrator awards you damages, we will: ( 1) we will pay you the amount of the damage 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 expenses reasonably incurred in bringing your dispute to arbitration. You and we agree not to disclose any settlement offer to the arbitrator until after the arbitrator has issued a written decision. The arbitrator may resolve any dispute regarding attorneys’ fees and expenses either during the arbitration proceeding or, upon request, within 14 days of the arbitrator’s written decision. Although the right to attorneys’ fees and expenses set forth above is in addition to any rights you may have under applicable law, neither you nor your attorney may recover duplicate awards of attorneys’ fees and expenses. Although we may have the right under applicable law to recover attorneys’ fees and expenses from you if we prevail in arbitration, we hereby waive the right to do so.
To the extent injunctive or declaratory relief is sought in arbitration, such relief may only be granted to the extent necessary to provide 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 another person’s dispute with your dispute or ours 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.
- No one may take legal action, including arbitration, against us under this Certificate unless:
- There is full compliance with all the terms of this Certificate; and
- the action is brought within two (2) years or any longer period as stated in the policy or any endorsement thereof after you become aware of the loss or other events that are the basis of the action .
- The coverage territory is worldwide, but the cost of replacement or repair will be valued in US dollars. currency at the time of replacement or repair. We will ship approved replacement equipment or repaired equipment directly within the United States and its territories, or request that you pick it up at an authorized service center.
- If you have a covered property loss that is part of a pair or set, we will only cover a fair and reasonable proportion of the total value of the pair or set.
- We may make available to you other limited benefits or services related to your covered property when available. These may include: property location or recovery services; data management or recovery services; equipment service and maintenance; technical support; Reduced cost upgrade or purchase benefits or other services provided through your service provider or any authorized service center.
- we agree that any term of this certificate that is not in accordance with applicable law shall be adjusted to comply with such law. If any part of this certificate is held invalid or unenforceable, it will not invalidate the remaining part of this certificate.
- This certificate contains the entire agreement between you and us regarding the insurance offered. the terms of this certificate may be modified or waived only by the issuance of a new certificate or an endorsement issued by us and made a part of this certificate.
- We reserve the right to revise this certificate at any time and adjust the terms of coverage, including premium and deductible. in the event of any material changes in the terms of coverage, you will be provided with prior written notice of such changes. You can cancel coverage at any time without penalty, but if you continue to pay premiums after a change in coverage terms, you will be bound by that change.
- If we adopt any policy revision that expands the coverage of this certificate without an additional premium while this coverage is in force, the expanded coverage will immediately apply to this certificate.
- It is important that you back up all data and software files because this certificate does not cover loss or damage to your data or non-standard software and repairs to your covered property may result in the deletion of such data or software. It is your sole responsibility to back up all software and data on the covered property using hard drives or any other storage mechanism. we will not be responsible at any time for any loss, alteration or corruption of any software, data or files.
- “Authorized Service Facility” means: the location(s) that serve as a replacement or repair facility for the Program and supply replacements or perform repairs to Covered Property. the selection of the authorized service center will be at the sole discretion of us or our authorized representative.
- “Coverage Certificate”, “Certificate” or “Certificates” means: This Commercial Inland Maritime Communications Equipment Coverage Certificate.
- “covered accessories” as used in this certificate means: if it is part of the covered “loss”; a standard battery for devices other than cordless phones, a standard charger and a sim card (if applicable). covered accessories do not include memory cards or any other accessories not specifically listed as covered.
- “covered property” as used in this certificate means:
- wireless phones: a wireless phone owned or leased by you, or for which you are financially responsible, and actively registered in the service provider’s network and for which airtime has been registered after registration. covered property is limited to one wireless phone and applicable covered accessories per replacement. international manufacturer equipment identification (imei), electronic serial number (esn), unique device identifier (udid), or other unique identification number of the wireless phone associated with your account in the service provider’s records at the time your coverage is initially effective and for which airtime has been recorded indicates that the wireless phone is considered covered property, unless you had airtime recorded on a different wireless phone immediately prior to the time of loss, then such wireless phone will be considered covered property as long as such wireless phone is owned or leased by you and you provide us with proof of ownership or lease. the wireless phone includes its standard battery which will be included with the replacement device if it is part of a covered loss of your wireless phone and your eligible wireless phone is turned on and the battery does not hold an adequate charge after diagnostic testing by our authorized service center. we will complete this mechanical or electrical breakdown claim by repairing the eligible wireless phone by replacing the battery; or
- devices other than wireless phones: a tablet, laptop, notebook or other similar device (“portable electronic device”) purchased from your service provider with an active data plan and actively registered in the account of the service provider. network and for which airtime has been registered after registration. covered property is limited to one portable electronic device and one standard charger, if part of the covered loss, per replacement. the international manufacturer equipment identification (imei) or other unique identifier of the portable electronic device associated with your account in the service provider’s records at the time your coverage initially becomes effective and for which airtime has been recorded indicates the portable electronic device for which it will be considered covered property unless you have logged airtime on a different portable electronic device, which was purchased from the service provider, immediately prior to the time of loss, then such portable electronic device will be considered covered property provided that the portable electronic device is owned or leased by you and you provide us with proof of ownership or lease.
- “data” means information entered, stored or processed by the covered property. this includes documents, databases, messages, licenses, contact information, passwords, books, games, magazines, photos, videos, ringtones, music, and maps.
- “date of loss” is the date a loss to covered property occurs.
- “replacement date” means the date the replacement or repaired equipment is shipped to you, or the date you pick up the replacement or repaired equipment from an authorized service center, as a result of a covered loss.
- “initial activation” means: the time of initial activation of service from the service provider for the covered property.
- “insured subscriber” or “insured subscribers” means: the service provider account holder who meets the following conditions:
- who has been enrolled and accepted for coverage under this certificate .
- have a complete description of their covered property on file with us or our authorized representative.
- have paid all premiums due in respect of their covered property prior to any date of claimed loss.
- “loss” and “losses” means: a covered loss as provided in section i.b. coverage plans.
- “Malware” means malicious software that damages, destroys, accesses your data without your authorization, or interferes with the performance of any data, media, software, or system on or connected to Covered Property.
- “mechanical or electrical failure” means: failure of the “covered property” to operate due to defective part or workmanship or normal wear and tear when operated in accordance with the manufacturer’s instructions.
- “non-covered accessories” as used in this certificate means: all accessories not included in the definition of covered accessories.
- “non-standard external media” means physical objects on which data may be stored but which are not built-in components of the covered property required for it to function. this includes data cards, memory cards, external hard drives, and flash drives. non-standard external media does not include standard external media.
- “non-standard software” means software, other than standard software.
- “pollutants” means: any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, steam, soot, fumes, acids, alkalis, chemicals, artificially produced electric fields, magnetic fields, electromagnetic fields, electromagnetic pulses, sound waves, microwaves and all artificially produced ionizing or non-ionizing radiation and debris. waste includes materials to be recycled, reconditioned or recovered.
- “service provider” means: at&t
- “Standard External Media” means physical objects on which data may be stored and which came standard in the original Covered Property packaging from the manufacturer, but are not integrated components of the Covered Property necessary for it to function .
- “standard software” means the operating system preloaded or included as standard with the covered property from the manufacturer.
- “wireless number” or “wireless numbers” means: the mobile phone or data line(s) or number(s) assigned to you by your service provider.
- basic functionalities: such as mobile device interoperability; contact transfer; download and/or sync files and music; file storage, retrieval and management; send and receive images; and others.
- email/internet connectivity: how to configure gprs/3g/4g data connection, email and messaging on mobile devices; spam/junk email blocking; navigation and internet/wi-fi connectivity; and others.
- device onboarding: such as offering mobile device and at&t streaming setup and optimization through appointment scheduling or a digitally driven experience.
- entertainment/personalization: such as support for social networking websites; install and remove apps, including social media app; activation and use of gps and navigation; and AT&T streaming and entertainment support (for example, settings, applications, preferences and settings); and others.
- streaming advisor: such as presenting recommendations through protech to configure and optimize a customer’s at&t streaming experience.
- performance promise: as an initial rating and evaluation of your device designed to optimize device speed, device signal strength, and battery performance.
- technical support: such as difficulties with display problems; software problems; sim card problems; email configuration errors; and another. For more information on service types, visit att.com/protectioncenter.
- Same Day Setup and Delivery Service: For select supported devices, in select locations, AT&T Protect Advantage for 1 and AT&T Protect Advantage for 4 customers may be eligible for same-day delivery services. for replacements provided under your insurance program and device setup by a protech (hereinafter “setup services”). Setup services provided with same-day delivery for replacements under the AT&T Protect Advantage for 1 and AT&T Protect Advantage for 4 programs may include activation, data migration services and/or initial device setup and connectivity.
- at&t and you agree to arbitrate all disputes and claims between us. This arbitration agreement is intended to be interpreted broadly. includes, but is not limited to:
- claims arising out of or related to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, or any other theory lawful;
- claims that arose before this or any prior agreement (including, without limitation, claims related to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this agreement.
- A party intending to seek arbitration must first send the other party, by certified mail, a written notice of dispute (“Notice”). Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 (“Notice Address”). The notice must (a) describe the nature and basis of the claim or dispute; and (b) state the specific relief sought (“claim”). If you and at&t do not reach an agreement to resolve the claim within 30 days of receipt of the notice, either you or at&t may initiate an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. you can download or copy a notice form and a form to initiate arbitration at www.att.com/arbitration-forms.
- after at&t receives notice at the notice address that arbitration has commenced, it will promptly reimburse you for your filing fee, unless your claim is for more than $75,000. (The filing fee is currently $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, at&t will pay it directly upon receipt of a written request at notification). The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by AAA . The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879, or by writing to the notification address. (You can get information designed for non-lawyers about the arbitration process at www.att.com/arbitration-information). the arbitrator is bound by the terms of this agreement. all issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision are for the court to decide. unless at&t and you agree otherwise, arbitration hearings will take place in the county (or parish) of your billing address. if your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or through an in-person hearing as set forth in the aaa rules . if your claim exceeds $10,000, the right to a hearing will be determined by rules aaa. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. however, if the arbitrator determines that the substance of your claim or the relief sought in the lawsuit is frivolous or brought for an improper purpose (as measured by the standards set forth in federal rule of civil procedure 11(b)), then Payment of all these charges will be governed by AAA rules. in such event, you agree to reimburse at&t for all monies previously disbursed by it that would otherwise be your obligation to pay under the aaa rules. additionally, if you initiate an arbitration seeking more than $75,000 in damages, payment of these fees will be governed by the AAA rules.
- if, after finding in your favor in any respect on the merits of your claim, the arbitrator awards you an award greater than the value of at&t’s last written settlement offer made before an arbitrator was selected, then at&t; t:
- will pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, double the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) your attorney reasonably accrues for investigating, preparing, and presenting your claim in arbitration (“the prime counsel”).
- The right to attorneys’ fees and expenses discussed in paragraph (4) is in addition to any rights to attorneys’ fees and expenses you may have under applicable law. therefore, if you were entitled to a higher amount under applicable law, this provision does not prevent the arbitrator from awarding you that amount. however, you may not recover duplicate awards of attorneys’ fees or costs. Although under some laws, AT&T may be entitled to recover attorneys’ fees and expenses if it prevails in arbitration, AT&T agrees that it will not seek such compensation.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief justified by that party’s individual claim. you and at&t agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. further, unless both you and at&t agrees otherwise, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding. if this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
if at&t did not make a written offer to resolve the dispute before an arbitrator was selected, you and your attorney will be entitled to alternative payment and attorney’s premium, respectively, if the arbitrator awards you any relief in the merits. The arbitrator may make judgments and resolve disputes regarding the payment and reimbursement of fees, expenses, and the alternative payment and attorney’s premium at any time during the proceeding and upon request of either party within 14 days of the arbitrator’s decision. referee on background.
xi. import/export control.
You acknowledge that the services and any software (including, without limitation, technical assistance) provided under this agreement may be subject to import or export laws, conventions or regulations, and any use or transfer of the software or the technical information must be in compliance with all such laws, conventions and regulations. you will not use, distribute, transfer or transmit any software or technical information except in compliance with such laws, conventions and regulations. The Software or underlying information or technology may not be downloaded or otherwise exported or re-exported (a) into (or to a citizen or resident of) any country to which the United States has embargoed goods; or (b) to any person in the us. uu. treasury department list of specially designated nationals or united states department of commerce table of denied orders. by downloading or using any software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a citizen or resident of any such country or on such list. If requested, you agree to sign any written warranties and other documents that may be necessary to comply with such laws, conventions, and regulations.
xvii. general information.
this agreement, and any other policies or guidelines referenced herein, constitute the entire agreement between at&t and you relating to protech support. This Agreement governs your use of ProTech Support, superseding any prior agreements between you and AT&T with respect to the subject matter of this Agreement. if any provision of this agreement is found by a court of competent jurisdiction to be invalid, you and at&t nevertheless agree that the court must endeavor to give effect to the intentions of the parties as reflected in the affected provision and the other provisions of This agreement will remain in full force and effect. you agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of protech support or this agreement must be filed within one (1) year after such claim arose. claim or cause of action. or be excluded forever. The failure of AT&T to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
xviii. reservation of rights and trademark information.
You understand and agree that you do not receive any title or ownership rights in ProTech Media or in any software or other materials provided to you in connection with the Services. All title, including but not limited to copyrights and patent rights, in any proprietary media, software, or other materials related to the Services are owned by AT&T or its affiliates, licensors, or suppliers. AT&T and its affiliates, licensors, and suppliers reserve all rights not expressly granted. subsidiaries and affiliates of at&t inc. Provide products and services under the AT&T brand. at&t, the at&t logo, and all other at&t marks contained herein are trademarks or intellectual property of at&t and/or at&t affiliated companies. all other trademarks are the property of their respective owners. © 2015 at&t intellectual property. all rights reserved.
Source: https://amajon.asia
Category: Other
References to “at&t”, “you” and “we” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. such agencies may, if permitted by law, seek relief against us on your behalf. you agree that, by entering into this agreement, you and at&t are each waiving the right to a jury trial or to participate in a class action. this agreement evidences a transaction in interstate commerce, and therefore the Federal arbitration law governs the interpretation and application of this provision. this arbitration provision will survive the termination of this agreement.
x. state changes.
Terms and conditions vary for certificates issued and insured subscribers residing in select jurisdictions, as set forth below.
a. status changes – item viii. gram. the arbitration agreement is modified as follows:
if you are a resident of arkansas, district of columbia, kentucky, louisiana, maine, oklahoma, vermont, washington, west virginia, or wyoming; or if the foregoing arbitration provisions are found to be invalid or unenforceable with respect to you, the following applies: Any award made pursuant to the arbitration provisions hereof shall constitute a non-binding award on you, provided that within forty-five (45) days after the arbitrator’s award, you file a legal proceeding in the appropriate federal, state, or local court based on the same issue and facts raised by you in the arbitration proceeding. under no circumstances will an issue be raised in federal, state, or local court until such time as both you and we address our disagreement in arbitration and obtain an arbitration award in accordance with the arbitration provision set forth above.
the arbitration agreement does not apply if you are a resident of georgia, missouri, nevada or south dakota.
b. state changes – various
alaska: (i) a loss can be caused by a chain of causes. if a covered loss is the primary cause of that loss, we will not deny coverage on the basis that a secondary cause in that chain is not a covered loss. (ii) the following is added to section vi. c.: If you do not report the loss as required or as soon as reasonably possible, you will lose your claim if our rights are harmed. (iii) the following is added to sections vi.g and viii.g.: You may choose to have an attorney present during questioning. (iv) the following is added to section viii.b: Alternatively, you or we may request in writing that the other party submit the dispute to appraisal. within ten (10) days of the written request, you and we must notify each other of the competent adjuster each has selected, and who will promptly select a competent and impartial arbitrator. not later than fifteen (15) days after the arbitrator has been selected, unless the arbitrator extends the time period, each appraiser shall separately state his or her appraisal in writing. if the adjusters agree, your agreement will be binding on you and us. if the evaluators do not reach an agreement, they will present their differences to the arbitrator immediately. A decision agreed upon by one of the appraisers and the arbitrator will be binding on you and us. all appraisal fees and expenses, not including attorneys’ or appraisers’ fees, shall be paid as determined by the arbitrator. Except as specifically provided, nothing in this section is intended to limit or restrict your or our rights under § 21.96.035. (v) section viii.h.2 is amended as follows: the action is filed within three (3) years from the date on which the cause of action arises.
arizona: section vii.a.1. is amended to add the following: If you cancel coverage under this certificate, you will receive a prorated refund within sixty (60) days of receipt of your notice.
colorado: Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen ( 15) days in advance.
connecticut: Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen ( 15) days in advance.
georgia: section vii.a.3. is amended to provide for at least sixty (60) days. notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate.
hawaii: section vii.a.3. is amended to provide for at least sixty (60) days. notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate.
idaho: section vii.a.1. is amended to add the following: If you cancel coverage or decline changes under this certificate, you will receive a prorated refund within sixty (60) days of receipt of your notice.
illinois: section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate.
indiana: section viii.g. the arbitration agreement is amended to add the following: if you are a resident of indiana, the resolution of any dispute pursuant to this section viii.g shall be governed by the laws of the state of indiana and applicable federal law.
iowa: The second sentence in section vii.a.3.(c) is amended to read as follows: However, if notice is not timely, enrollment will continue despite the full limit of liability until thirty (30) days from the date the notice of cancellation was sent to you.
kansas: (i) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you notice of cancellation with at least fifteen (15) days in advance. (ii) the first sentence of section viii.f. is amended as follows: Your coverage will be terminated and any claim may be denied if you knowingly and with intent to defraud, conceal or misrepresent any material fact in a statement or written statement, at any time, with about:. (iii) note “b” below is modified to include a statement or written statement of claim or request. (iv) the fourth sentence of section viii. gram. is amended as follows: In the unlikely event that we are unable to resolve any dispute, including claims under this certificate, that you or we may have, you and we may voluntarily agree after the dispute arises resolve those disputes through binding arbitration or small claims court instead of courts of general jurisdiction.
kentucky: the last sentence of the first paragraph under section x. a. is removed in its entirety.
maryland: (i) section vii.a.2. “thirty (30) days” is amended to “forty-five (45) days.” (ii) section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (iii) section vii.a.3.(a) “fifteen (15) days” is amended to “forty-five (45) days”. (iv) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) notices of cancellation. Anticipation days. (v) section vii.a.3.(c)(2) “thirty (30) days” is amended to “fifteen (15) days”. (vi) the following is added to section vii.a.3: We may cancel this certificate without notice if you obtain substantially similar coverage from another insurer without any lapse in coverage. (vii) section viii. h. 2. is amended as follows: “two (2) years” is amended to “three (3) years from the date accrued.”
massachusetts: in the fourth sentence of section viii. g., the following language is deleted in its entirety: rather than through courts of general jurisdiction.
michigan: this certificate is exempt from the filing requirements of section 2236 of the insurance code of 1956, 1956 pa 218, mcl 500.2236.
mississippi: Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen ( 15) days in advance.
montana: (i) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you notice of cancellation with at least ten (10) days in advance. (ii) section viii. gram. is deleted and replaced with the following: Most of your concerns about this certificate can be addressed simply by contacting our authorized representative at 1-866-727-1998. In the unlikely event that we are unable to resolve any dispute, including claims under this Certificate, that you or we may have, we agree that each may bring claims against the other only in an individual capacity and not as a representative of the class or class member in any purported class action, class arbitration, or other similar proceeding. (iii) the following is added to section viii.l: the provisions of this certificate conform to the minimum requirements of montana law and control, for montana insureds, over any conflicting statute of another state in or after of the effective date of coverage. (iv) section ix.b. is amended to state that the selection of the authorized service center shall be at the discretion of us or our authorized representative.
nebraska: (i) section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (ii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) notice of cancellation. days in advance.
nevada: section vii.a.3.(a) “fifteen (15) days” is amended to “ten (10) days”.
new york: (i) section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (ii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) notice of cancellation. Anticipation days. (iii) section vii.a.3.(c)(2) “thirty (30) days” is amended to “fifteen (15) days”. (iv) the following is added to section vii.a.3: We may cancel this certificate without notice if you obtain substantially similar coverage from another insurer without any lapse in coverage.
north dakota: (i) the first paragraph of section vii.a.3. is superseded by the following: We may change the terms and conditions of this Certificate only with at least thirty (30) days’ notice, or such longer period as may be required by law. (ii) subparagraphs 3(a)-(b) of section vii a. are deleted and replaced with the following: (a) if this certificate has been in effect for less than ninety (90) days, we may cancel your coverage for any reason by mailing or delivering at least ten (10) days written notice prior to the effective date of cancellation or thirty (30) days notice for fraud or misrepresentation. (b) if this certificate has been in effect for ninety (90) days or more, we may cancel it for one or more of the following reasons: 1. failure to pay premiums within ten (10) days cancellation notification; 2. misrepresentation or fraud made by you or with your knowledge to obtain coverage or make a claim; 3. your actions that have substantially increased or changed the insured risk; 4. your refusal to remove known conditions that increase the potential loss after notification; 5. material change in the risk assumed unless reasonably foreseen; 6. loss of reinsurance that provided us with coverage for a significant amount of the underlying risk insured; or 7. a determination by the insurance commissioner that the continuation of the policy violates the law. for reasons 2.-7., we will provide a thirty (30) day notice of cancellation. (iii) the following paragraph is added to section viii. additional conditions: q. We will mail or deliver a notice of non-renewal to you at least sixty (60) days before your coverage expires. the notice will state the reason for non-renewal. we will mail or deliver our notice to your last known mailing or electronic address. We will not mail or send you notice if you obtained substantially similar coverage or accepted replacement coverage from another insurer.
ohio: section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate.
oklahoma: viii.g. The arbitration agreement is amended to include the following additional language: If an arbitration decision is not issued within three months of the demand for arbitration, the insured subscriber, provided it is not the cause of the delay, may elect to proceed in court. Warning: Any person who knowingly and with intent to injure, defraud or mislead any insurer makes a claim for the proceeds of an insurance policy containing false, incomplete or misleading information is guilty of a felony.
oregon: (i) Note “b” below does not apply. (ii) section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (iii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) notice of cancellation. Anticipation days. (iv) the following is added to section viii. gram. Arbitration Agreement: Any award made pursuant to the arbitration provisions hereof shall constitute a non-binding award on you, provided that you reject the arbitration decision in writing within forty-five (45) days after the referee’s decision. grant. under no circumstances will any legal proceeding be brought in federal, state, or local court until both you and we first obtain an arbitration award pursuant to this arbitration provision. any arbitration occurring under this certificate will be administered in accordance with the arbitration rules unless any procedural requirement of the arbitration rules is inconsistent with oregon uniform arbitration law, in which case oregon uniform arbitration law will prevail regarding said procedural requirement.
pennsylvania: (i) section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (ii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least thirty (30) notice of cancellation days in advance.
Puerto Rico: (i) section vii.a.3. is amended to provide at least sixty (60) days’ notice if we cancel this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (ii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least fifteen (15) notice of cancellation. Anticipation days. (iii) section vii.a.3.(c) “thirty (30) days” is amended to “fifteen (15) days”. (iv) provided you have not filed a claim, you may, within thirty (30) days of enrollment, cancel coverage as of the original effective date of coverage and receive a refund or credit to your invoice for full premium paid by writing to: PO Box 411605, Kansas City, MO 64141-1605.
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south dakota: (i) section vii.a.3. is amended to provide at least twenty (20) days’ notice if we cancel this certificate or change the terms and conditions, unless we cancel for other reasons set forth in this certificate. (ii) section vii.a.3.(a) “fifteen (15) days” is amended to “twenty (20) days”. (iii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with notice of cancellation with at least twenty (20) days in advance.
united states virgin islands: (i) the second sentence of section vii. a.2 is modified by deleting the phrase “on our behalf”. (ii) the fourth sentence of section viii. gram. is amended as follows: In the unlikely event that we are unable to resolve any disputes, including claims under this certificate, that you or we may have, you and we agree to resolve those disputes by non-binding arbitration. or an individual action in a court of law having jurisdiction over the dispute. (iii) the second sentence of the third paragraph of section viii. gram. is amended as follows: Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing an individual action in a court of law having jurisdiction over the dispute or from informing federal, state, or local agencies or entities of your dispute . (iv) the following sentence in section viii.g is deleted. arbitration agreement: “this certificate evidences a transaction in interstate commerce; accordingly, federal arbitration law governs the interpretation and enforcement of this arbitration agreement.” (v) section viii. h. 2. is deleted and replaced with the following: The action is brought within one (1) year after you become aware of the loss or other events that are the basis of the action.
utah: section vii.a.3.(a) “fifteen (15) days” is amended to “thirty (30) days”.
vermont: (i) section viii.a. is amended as follows: “thirty (30) days” is replaced by “ten (10) days”. (ii) note “b”. below is deleted and replaced with the following: Any person who knowingly makes a false statement in an application for insurance or in filing a claim may be guilty of a criminal offense and subject to penalties under state law.
washington: (i) the first paragraph of section ii. exclusions, is deleted and replaced in its entirety with the following: We will not pay for loss caused directly or indirectly by any of the foregoing excluded causes of loss, and such loss is excluded without regard to any other cause or event simultaneously contributing to the loss if the excluded event starts the sequence of events that result in a loss. (ii) the first sentence of section vii.a.1. is amended as follows: You may cancel coverage under this certificate by mailing or delivering advance notice to us indicating when such cancellation will take effect. (iii) section vii.a.3. is amended to provide at least thirty (30) days’ notice if we cancel or do not renew this certificate or change the terms and conditions unless we cancel for other reasons set forth in this certificate. (iv) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) notices of cancellation. Anticipation days. (v) the following is added to section vii.a.3: We reserve the right to revise this certificate at any time, provided that we do not increase the premium or deductible or restrict coverage more than once in six (6) month period. (vi) section vii.b.1. is modified as follows: notifications made pursuant to subsections a. 2 or 3 will be in writing and will include the actual reason and effective date for the cancellation or non-renewal. coverage will end on that date. (vii) the first sentence of section x. a. is amended as follows: any award made in accordance with the arbitration provisions hereof shall constitute a non-binding award on you, provided that you reject the arbitration decision in writing within forty-five ( 45) days of the arbitrator’s award. (viii) the following sentence of section viii.g is deleted. arbitration agreement: this certificate evidences a transaction in interstate commerce; accordingly, federal arbitration law governs the interpretation and enforcement of this arbitration agreement.
west virginia: section viii. gram. is deleted and replaced with the following: Most of your concerns about this certificate can be addressed simply by contacting our authorized representative at 1-866-727-1998. In the unlikely event that we are unable to resolve any dispute, including claims under this Certificate, that you or we may have, you and we agree that each may bring claims against the other only on an individual basis and not as a class representative or class member in any purported class action, class arbitration, or other similar proceeding.
wyoming: (i) Section vii.a.3.(a) is amended as follows: We may terminate your coverage under this Certificate immediately if we discover fraud or material misrepresentation. (ii) Section vii.a.3.(b) is amended as follows: We may cancel your coverage under this Certificate for nonpayment of premium by providing you with at least ten (10) notices of cancellation days in advance.
note:
a. this certificate may provide a duplication of coverage already provided by your personal auto insurance policy, homeowners insurance policy, or other source of coverage.
b. Any person who knowingly and with intent to injure, defraud or mislead any insurer files a statement of claim or application containing false, incomplete or misleading information is guilty of insurance fraud. In Florida, such conduct is a third degree felony.
Any questions about the coverage provided under this certificate should be directed to our authorized representative as follows:
at&t protech terms of support service
“at&t” or “we”, “us” or “our” refers to at&t mobile llc, acting on behalf of its fcc-licensed affiliates doing business as at&t. “you” or “your” refers to the person or entity that is the registered customer of at&t wireless service, and purchases or uses the at&t protech support service (as defined below). These ProTech Support Terms of Service are an agreement between AT&T and you (“Agreement”).
Please read this agreement carefully to ensure that you understand each provision. this agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you. in case of dispute.
me. description of the services.
at&t tech support. protech support is a monthly subscription service available to at&t wireless subscribers for the provision of personalized concierge support services to help with most “how to” and functionality questions related to mobile devices and applications phones (“protech support”, or “service”). service is available to those at&t customers who have eligible devices (as defined below) and an active at&t wireless postpaid account.
more specifically, protech support includes assistance in the following categories:
protective support may be provided by means determined by at&t in its sole discretion and may include (but is not limited to) calls, interactive voice response, click-to-call, messaging, web, digital, in-store, or in person. In addition, ProTech support may rely on diagnostic data collected from your device, as long as you have the device diagnostic settings turned on in the ProTech app. For details on how services are delivered, available tools, hours of operation, and other information, visit att.com/protectioncenter.
Protection Support is provided and available on the mobile phone number enrolled in Protection Support and its associated eligible devices. you must provide the registered wireless phone number, including area code, when seeking help.
at&t will use commercially reasonable efforts to provide services. this means that if at&t is unable to resolve your issue after multiple attempts, at&t reserves the right, in its sole discretion, to terminate further efforts to resolve the issue. In addition, AT&T has limited proprietary information from vendors, manufacturers, and developers relating to devices and/or applications and may not have the ability to obtain proprietary information that may be necessary to resolve a specific technical problem. technical problems that may arise may be the result of hardware or software errors not yet resolved by the hardware or software manufacturer, in which case at&t may not be able to resolve the problem. Customers are encouraged to follow the practice of performing regular backups of information. at&t will have no obligation to determine whether you have taken all appropriate backup steps. however, if at&t chooses to determine whether appropriate support steps have been taken, at&t may, but is not obligated to, refuse to proceed with problem resolution in its sole discretion.
A broadband internet connection is recommended, but not required for us to provide the service. you may be required to have a functional/working computer with newer operating systems, cables, and software in order for us to assist you with troubleshooting certain issues. we may also recommend a certain course of action that is necessary to receive the service. if you don’t have a working computer, cables, or software when needed, or you can’t follow at&t’s recommendations, at&t will have no obligation to provide service.
promise of performance. includes access to certain services, provided directly by asurion protection services, llc. which you become eligible for on the date of your initial enrollment in protech support and continues for as long as you maintain your enrollment in the program.
Your Performance Promise Services include a series of checkpoints provided by ProTech that will help you optimize and maintain your device’s performance over time. These checkpoints may include an initial screening and evaluation of your device, followed by a series of simple steps aimed at optimizing device speed, device signal strength, and battery performance. You can also receive proactive alerts that guide you through a personalized plan for recommended maintenance based on device age and performance. You can access the Performance Promise at any time during your enrollment as needed based on device performance.
ii. eligible devices
Eligible device required for provision of technical support (“Eligible Device”). for a list of eligible devices, visit att.com/protectioncenter.
iii. same day delivery service1
If you are enrolled in the at&t protect advantage for 1 or at&t protect advantage for 4 programs, and you are located in a market where same-day delivery is available, you may be eligible to receive your replacement device at the same day you file your insurance claim and are approved for a replacement. only claims approved before 4:00 p.m. local time, and who meet the eligibility requirements, can receive a replacement device from a protech before 9 p.m. local time on the same day your claim is 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. setup services will not include removal or installation of equipment unrelated to the replacement device. To be eligible for setup services, someone at least 18 years of age must be present at all times while protech is on the site and performing the requested setup services. protech will contact you prior to delivery of your replacement device and setup services to verify the delivery window. If you do not confirm your availability for scheduled delivery and setup services, protech reserves the right to cancel your delivery and setup services. if you are eligible for setup services, you may be required to sign a consent form to perform the requested services before the services are performed. You agree to provide a secure and threat-free environment for Protech to perform the Setup Services. protech has the right to terminate the setup services if it considers that you do not comply with the requirements contained in these terms or any consent provided before the start of the setup services. Setup Services will continue to completion only if termination can occur within a reasonable period of time, reasonableness at ProTech’s discretion. In the event that setup services stop before your device setup is complete, you can continue setup services by calling a protech or clicking on the protech app.
1 same day delivery is available at select locations and for select devices. Check www.phoneclaim.com/att to determine if your device is eligible and to determine markets where same-day delivery is available.
iv. remote access tools; program
You may be asked if you want to use a remote access tool for service delivery.
To receive services using a remote access tool, you may be required to download and run a certain software application (on your eligible device and/or computer) that will enable remote access to your eligible device and its content. to assist in the diagnosis and provision of protech support (the “Remote Access Software”). In addition, you may be required to download and run other software applications necessary for the provision of ProTech support (“Other Software”, and in conjunction with Remote Access Software, the “Software”). You are prohibited from and expressly agree not to copy or modify the software or other materials provided with the service.the software may be provided by a third party and you will be required to accept the end user license agreement (“eula”) provided by that third party before downloading the software you agree to comply with with the eula and any other terms and conditions that the third party may provide with the software and, in the event of a conflict, such software-specific terms and conditions will prevail over this agreement as to such specific software also, if you work with a third party in any password or other access control oriented issues in connection with the use of remote access software or otherwise, we strongly recommend that you Please take steps to protect your password, such as resetting your password(s) immediately after completing the service.
v. charges.
We will bill you a recurring monthly subscription fee for protection support for each wireless phone number enrolled. charges will be automatically billed to your active at&t wireless account and will become part of your at&t mobility bill. you are responsible for paying all charges for or resulting from the services provided under this agreement, including monthly recurring subscription fees and applicable taxes, surcharges and government fees, if any, whether charged directly to you or to at&t.
You will remain responsible for paying any and all charges and fees for protech support even if at&t does not resolve your problem for the reasons described in Section 1: Service Description of this agreement.
Payment of all charges is made in advance. In the event that this Agreement and the provision of ProTech Support are terminated, charges related to the Service will be prorated for the period of time following such termination. you will receive a credit to your registered wireless phone number in the prorated amount within 1-2 billing cycles after service is terminated.
vi. changes in charges and terms
We may change any term, condition, fee, expense or charge related to the Service or add new fees at any time. we may change our billing practices. We may provide you with notice of such changes (other than changes in government rates, government mandated pro rata charges, or administrative charges, if any) by email or such other means as at&t deems most practical. if we change the subscription fee or institute new fees or charges, or materially change the scope of service, we will notify you of such changes in advance, you are responsible for all fees and charges in accordance with the billing terms in effect at the time you the fees or charges become payable.
vii. termination
You may cancel the provision of protech support or terminate this agreement at any time by notifying at&t. at&t may, in its sole discretion, interrupt, suspend, or terminate your service and terminate this agreement without notice for any reason, including, without limitation, the following: if we believe that (i) you violate this agreement or your wireless customer agreement ; (ii) behave in an abusive, disparaging or similarly unreasonable manner towards any of our representatives; (iii) fails to make all required payments when due; (iv) we have reasonable grounds to believe that your eligible device is being used for an illegal purpose or in a way that may adversely affect our network or service; or (v) attempts to resell the service. any provision of this agreement that, by its context, is intended to apply after termination of the agreement will survive termination.
vii. customer representations and warranties.
You represent and warrant that you are the legal licensee of the software you use and that you own any hardware or network devices that you request from at&t to assist you in connection with the Services. at&t will not assist you if you are not the legal software licensee and device owner.
ix. privacy.
protech support is subject to the at&t privacy policy located at https://www.att.com/privacy, as amended from time to time, which policy is incorporated herein by reference. As set forth in the AT&T Privacy Policy, we may share your personal information with third parties who perform services for us or on our behalf, but we do not allow those third parties to use it for any purpose other than to provide the services. .
x. communications.
You agree to receive electronic communications from us related to your use of the protech services and/or applications (“Primary Communications”), and you may not opt ​​out of receiving such Primary Communications. You also agree to receive electronic communications from us relating to Protech Services, your Device and features available on your Device, and your use of that Device (“Non-Central Communications”), and you may opt-out of receiving such Non-Central Communications. communications by following the “unsubscribe” instructions included therein. you agree that you are solely responsible for any charges or fees associated with primary and secondary communications.
xi. disclaimer of warranties.
Your purchase and use of the protech support service and any associated software is at your own risk. Except as expressly provided in this agreement, at&t does not warrant that (i) the protech support service or any software will meet your requirements, (ii) the protech support service or any software will be uninterrupted, timely, secure, or error-free. -free of charge (iii) the results that may be obtained from the use of protech support service or any software will be accurate or reliable, (iv) the quality of any products, services, information, software or other material purchased or obtained by you from through the protech support service will meet your expectations, and any errors in the protech support service will be corrected. at&t does not warrant that the protech support service will be error-free or that the software is free of harmful code. if your use of protech support service or software results in the need to repair or replace equipment or data, at&t is not responsible for those costs. no advice or information, whether oral or written, obtained by you from at&t or through protech support service and any software shall create any warranty not expressly set forth in this agreement. Except as otherwise specifically provided in this agreement, protech support services, any software, and any portion thereof are provided on an “as is” and “as available” basis, and all warranties, express or implied, including including, but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement, and fitness for a particular purpose.
xii. limitation of liability.
It is your responsibility to back up all applications and data on your eligible device’s memory or hard drive prior to each service request. at&t and/or its third party agent will not be liable at any time for the loss, alteration or corruption of any applications, data or files, or any damage to your eligible device or computer.
You expressly understand and agree that neither at&t nor its directors, officers, employees and agents, including its third party service providers, as well as any parent, affiliate or subsidiary of at&t, shall not be liable for any consequential, special, incidental, exemplary, or consequential damages (including damages for loss of business, loss of profits, loss of data, loss of use, goodwill, or other tangible intangible losses (even if at&t has been advised of the possibility of such damages) arising out of (a) your use of protech support services or any software used in connection with providing the service, (b) any decision or action taken by you in reliance on information or advice provided in connection with the support services protech, and/or (c) the inability to use protech support services or any software, in each case, whether in contract or tort (including the refusal liability), product liability or otherwise (but excluding claims arising out of or f personal injury or death), even if you are advised of the possibility of such damages.
Additional hardware, software, Internet access from your eligible device or computer, and/or a special network connection may be required, and you are solely responsible for arranging or obtaining all such requirements. some solutions may require third party products and/or services, which are subject to applicable third party terms and conditions, and may require separate purchase and/or agreement with the third party provider. at&t is not responsible for consequential damages caused in any way by the above hardware, software, or other items/requirements for which you are responsible.
at&t’s entire liability arising out of the protective support services, or at&t’s negligence or other acts or omissions, if any, shall be, at at&t’s sole discretion and option, to re-provide support for protection. services or (b) refund a month’s subscription fee giving rise to a claim, if any. The remedies set forth herein are exclusive, and you agree that under no circumstances will AT&T be liable to you for more than one month’s subscription fee.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you. the provisions of this paragraph shall survive any termination of this agreement.
xiii. compensation.
You agree to indemnify, hold harmless, and hold harmless AT&T, its parents, affiliates, and subsidiaries, and their directors, officers, employees, and agents, including their third-party service providers, from any and all liability. , claims, damages, costs and expenses, including reasonable attorneys’ fees, arising in any way from or related to, directly or indirectly, your purchase or use of protech support. this obligation shall survive termination of this agreement (including termination of protech support).
xiv. current law.
The law of the state of your billing address will govern this agreement, except to the extent that such law is superseded by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute arose, whether in litigation or arbitration, shall govern, except to the extent that such law is void or inconsistent with the applicable federal law.
xv. dispute resolution by binding arbitration:
Please read this carefully. affects your rights.
summary:
Most customer concerns can be resolved quickly and to customer satisfaction by calling the at&t protech support customer service department at 888-562-8662. in the unlikely event that at&t customer service is unable to resolve a complaint you may have to your satisfaction (or if at&t has been unable to resolve a dispute it has with you after attempting to do so informally) , each of us agrees to resolve those disputes through binding arbitration or small claims court instead of the courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. arbitrators can award the same damages that a court can award. any arbitration under this agreement will take place on an individual basis; no class arbitration or class action is allowed. for any non-frivolous claim not to exceed $75,000, at&t will pay all costs of the arbitration. In addition, you have the right to recover attorneys’ fees from AT&T in arbitration at least to the same extent as you would in court.
in addition, under certain circumstances (as explained below), at&t will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice your reasonable attorney’s fees if the arbitrator awards more than what at&t has offered you to settle the dispute.
arbitration agreement
ix. definitions.
this will not restrict the coverage of the insured subscriber.
vii. additional conditions.
note: if canceled under section vii.a.3.(c), you will remain ineligible for a period of twelve (12) months from the date of cancellation.
vi. obligations in case of loss.
vii. eligibility and cancellation.
other coverage
the enclosed certificate of coverage may provide a duplication of coverage already provided by the consumer’s personal auto insurance policy, homeowners insurance policy, renters insurance policy, personal liability insurance policy or other source of coverage. this insurance is primary over any other insurance you may have. unless otherwise licensed, at&t associates are not qualified or authorized to evaluate the adequacy of your existing insurance coverage. Questions regarding this plan should be directed to CNA’s licensed agent, Asurion Protection Services, LLC.
the enclosed certificate of coverage is the entire agreement between cna and you. Please refer to the Certificate of Coverage for the full terms and conditions of the coverage provided (including the exceptions set forth in section x. Status Changes). If you have questions about the coverage provided under this coverage certificate, please call or write to:
asurion protection services, llc iowa license #1001002300 asurion protection services insurance agency, llc ca license #od63161 customer service center p.o. box 411605 • kansas city, mo 64141-1605 phone: 888.562.8662
in the unlikely event that we are unable to informally resolve any dispute, including claims under the attached mobile insurance certificate, please note that the following terms and conditions contain a binding arbitration provision requiring the filing all disputes (except where express waivers are provided) to final and binding arbitration as provided in subsection viii. gram. of the included terms and conditions.
Note: Any person who knowingly and with intent to injure, defraud or mislead any insurer files a statement of claim or application containing false, incomplete or misleading information is guilty of insurance fraud. In Florida, such conduct is a third degree felony. in oregon this note does not apply.
all applicable taxes and surcharges are additional. AT&T and the AT&T logo are intellectual property trademarks of AT&T and/or AT&T affiliated companies. all other trademarks, service marks and logos are the property of their respective owners.
© 2019 at&t copyright. all rights reserved.
important notice from texas
for information or to file a complaint:
You can contact the Texas Department of Insurance for information about companies, coverages, rights, or complaints at: 1-800-252-3439.
you can write to the texas insurance department:
p.o. box 149104 austin, tx 78714-9104 fax: (512) 490-1007
web: www.tdi.texas.gov
email: [email protected]
Premium or Claim Disputes: If you have a dispute about your premium or a claim, you should first contact the agent or company. If the dispute is not resolved, you may contact the Texas Department of Insurance.
attach this notice to your policy: this notice is for information only and does not become a part or condition of the attached document.
certificate of coverage of commercial inland maritime communications equipment
Certain provisions of this Certificate of Coverage (“Certificate”) restrict coverage. Please read this entire certificate carefully. sets out the rights and duties of each party and what is and is not covered.
In this certificate, the words “you” and “your” refer to “insured subscribers.” The words “we”, “us” and “our” refer to continental casualty company, a cna company (“cna”), the illinois stock insurance company providing this insurance.
In this certificate, the words “authorized representative” and “asurion” refer to asurion protection services, llc except as follows: in california, asurion protection services, llc operates as an insurance agent for asurion protection services , llc (ca license number: od63161). In Puerto Rico, “Asurion” refers to Asurion Protection Services of Puerto Rico, Inc.
Other capitalized words and phrases have a special meaning. see section ix. definitions.
A copy of the policy under which this certificate is issued is available for your inspection.
me. coverage.
Subject to all the terms, conditions, exclusions and limits of insurance contained in this Certificate, we agree to provide the insurance as set forth in this Certificate on a month-to-month basis, provided that any loss (as defined in section ix. definitions ) to covered property occurs while your coverage is in force.
information about your coverage
With respect to all enrollment requests, the coverage specified in this certificate begins at 12:01 a.m. m. from the date of said request. information related to your communication equipment coverage included on your receipt, bill, or other documentation from your service provider is incorporated by reference into this certificate and specifically includes the name and address of the insured subscriber and information to determine the date of effective date of coverage (see section i.e).
a. what we ensure.
We insure your covered property (as defined in the definitions in section ix), for loss, as long as it remains eligible for coverage. in the event of loss, our obligation under this certificate is to repair or replace, at our sole discretion, your covered property. this insurance is primary over any other insurance you may have.
b. coverage plan
We cover your covered property for the following causes of loss.
c. property not covered.
the following are not covered:
d. payment of premiums.
You will be charged the monthly premium for the equipment category you own covered associated with your enrolled wireless number, as shown in the schedule below.
e. when the hedge is effective.
All coverage is effective at 12:01 AM. m. on the effective date of coverage as set forth in this document.
1. If you submit your enrollment application for insurance coverage at initial activation: Your coverage under this certificate begins with our approval. with our approval, coverage is retroactive to the date you submit your enrollment application. we or our authorized representative will notify you within thirty (30) days if your request is not approved.
2. If you submit your enrollment application for insurance coverage after initial activation: Your coverage under this certificate requires the successful completion of a test call to the “covered property” before it becomes effective. coverage begins with our approval. with our approval, coverage is retroactive to the date of the test call. we or our authorized representative will notify you within thirty (30) days if your request is not approved.
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Eligibility for enrollment after initial activation may be subject to limitations.
ii. exclusions.
losses and causes of loss excluded below are excluded without regard to any other cause or event contributing simultaneously or in any sequence to the loss. we will not pay for any loss, or any loss caused directly or indirectly by or as a result of any of the events, conditions or causes of loss identified below:
iii. liability limits.
a. by limits of occurrence.
The most we will spend, in any event, to replace or repair covered property due to a loss is $2,500. for any loss, we will not pay for replacement equipment that has a retail value of, or repair costs in excess of the limit, less the applicable deductible set forth in section iv.
b. aggregate limits.
A maximum of three (3) covered property replacements or repairs (unlimited for repair via battery replacement for eligible wireless phones until you have reached your claim limit) will be allowed per wireless phone number in any one period. twelve (12) month period, including losses incurred under this certificate or any consecutive prior certificate issued by us.
In any case, the twelve-month period is calculated based on the date of the claim for each covered claim.
iv. deductible.
repair deductible
A non-refundable deductible, as set forth in the schedule below, is payable at the time we approve a repair for each repair based on the category of equipment being repaired.
applicable deductibles are set forth in the deductible schedule below.
replacement deductible
A non-refundable deductible, as set forth in the schedule below, is payable at the time we approve a replacement for each replacement based on the category of equipment being replaced.
applicable deductibles are set forth in the deductible schedule below.
Note: An additional unreturned equipment charge (see section vi.f) may apply for causes other than loss or theft if you do not return covered property as outlined in the time of loss .
v. conditions in case of loss.
Subject to the terms and conditions set forth in this certificate, we will make good any loss covered by this certificate.
