Long live
your phone.
Enjoy your device worry-free,
with Total Mobile Protection.
2
¹ Eligibility is contingent on certain criteria including claim approval time.
² Visit phoneclaim.com/Verizon to check eligibility, which is subject to change.
3
Battery replacement provided under the Verizon Wireless Extended Warranty program
is available in select locations. In Florida, battery replacement coverage is provided by
the insurance program (device replacement deductible and claim limit apply). Eligibility
determined at the point of claim.
Enjoy your device
worry-free.
The following benefits are now available for select
smartphones, subject to parts availability:
Same-day device replacement
and setup.
Now you can get your replacement device
delivered and set up the very same day it’s lost,
stolen or damaged (in most cases). We will
deliver your smartphone, help transfer your data
and set it up exactly how you want.¹
Unlimited, fast cracked screen repair.
If the screen on your eligible smartphone
shatters, your day doesn’t have to. Get your
screen fixed for only $29 as soon as the same
day, each time you need it.
Battery replacement.
Available starting July 27, 2019.
Don’t let battery issues drain you. Get help fast
at a Verizon Authorized Repair Facility.
For the above benefits, eligibility will be determined at
the time of claim approval.
Add Total Mobile Protection today.
Protect the whole family.
Flexible Multi-Device coverage.
Need to cover more devices? Total Mobile
Protection Multi-Device is account-based
coverage for customers with 3 or more lines
and eligible devices that allows you to share
up to 9 claims among 3 coverage slots. If
you need to cover more than 3 lines, you
may enroll in Additional Coverage for 7 more
lines (up to 10 total).
3
NY Customers: Separately available products are WPP $3.10/mo. for Smartphones (Tier 2), Basic Phones and Tablets or $6.85/mo. for Smartphones
(Tier 1) and Watches; EW $3.90/mo. for Smartphones (Tier 2), Basic Phones and Tablets or $4.15/mo. for Smartphones (Tier 1) and Watches; and Verizon
Tech Coach $5/mo. for Smartphones (Tier 2), Basic Phones and Tablets or $4/mo. for Smartphones (Tier 1) and Watches.
NY Compensation: Verizon Wireless Services, LLC (“Producer”) has a limited license to sell wireless communications equipment insurance in New
York (#942643) and will be paid a portion of monthly premium by Liberty Insurance Underwriters, Inc. (“Insurer”). The Producer will be compensated by
the Insurer if you purchased the insurance. The Producer’s compensation may vary based on the product you purchased. For more information about
compensation, please ask your sales representative.
Covered Equipment. If your device is lost, stolen or damaged, your accessories are covered too. For Phones one each of the following: standard battery,
standard car charger, standard case, standard home charger and standard earbud; For Netbooks one of each of the following: standard power cord
and one standard battery; For Tablets one of each of the following: standard wall/USB charger, 16GB memory card and standard earbud; and For Apple
Watches one of each of the following: standard wrist band of like kind and quality to the band received at time of purchase (not to include bands purchased
separate from the watch), an adapter and standard charging cable.
¹ You’ll receive 3 more shared claims per 12 mo. for your account per additional line covered.
2
Lost, stolen or damaged device replacements are provided by Wireless Phone Protection (WPP), which is insurance coverage underwritten by Liberty Insurance Underwriters Inc. (New York, NY) or one of its
insurance company affiliates; in Florida, WPP includes coverage for post-warranty defects (device replacement deductible and claim limit applies). Asurion Insurance Services, Inc. (in California, Agent License
#0B35141; in Iowa, Agent License #1001000131), is the Agent and provides the claims servicing under this program. Except in Florida, repairs and replacements for post-warranty defects are provided through
the Verizon Wireless Extended Warranty program; the obligor of the Extended Warranty program is Verizon Wireless Services, LLC.
3
Visit phoneclaim.com/ Verizon to check eligibility and the repair option available in your area. Repair options determined at the point of claim.
4
Verizon Wireless Extended Warranty (EW) program is not available in Florida; in Florida, coverage for post-warranty defects is provided by the insurance program (WPP) (device replacement deductible and
claim limit apply).
5
Battery replacement provided under the Verizon Wireless Extended Warranty program is available in select locations. Eligibility determined at the point of claim.
Total Mobile Protection (TMP)
Monthly Charge
Max. Number of Insurance (WPP) Claims
(Device claim maximum is $400 or $2,000, depending on device)
TMP Single Device
Smartphones (Tier 1)* and Watches
Smartphones (Tier 2),* Basic Phones
and Tablets
$15
$12
3 claims in 12 months
(excludes cracked screen repair claims)
TMP Multi-Device (TMP MD)
Account-based coverage for
accounts with 3 lines with eligible
devices (up to 10 lines).
$45 per account
(regardless of
device type)
9 shared claims in 12 months
(excludes cracked screen repair claims)
Additional Coverage
(Available with TMP MD only)
Provides coverage for an additional line
on your account (max 7 per account).
$11 per additional
line (regardless of
device type)
3 additional shared claims per additional line
(excludes cracked screen repair claims)
Wireless Phone Protection (WPP) Insurance
Coverage
Loss, theft and damage
Replacement deductible
$9/$99/$149/$199/$249, depending on device type
Cracked screen repair
deductible
$29 (available for select smartphones and subject to parts availability).
3
Verizon Extended Warranty (EW)
Coverage
Unlimited repairs and replacements provided for post-warranty defects. Includes battery
replacements for battery malfunctions (for select smartphones, subject to parts availability).
5
Verizon Tech Coach
Coverage
Tech support for the covered device(s) and virtually anything they connect to.
All devices on TMP Multi-Device accounts have access to Tech Coach.
Additional Information for All Programs
Cancellation Policy
You can cancel your coverage at any time and receive a prorated refund of your monthly fee.
Replacement devices
Replacement device could be new or refurbished. You may also receive generic
accessories with lost, stolen or damaged claims.
*For information about your smartphone model Tier, see the “Deductible amounts” table in this brochure, go to phoneclaim.com/Verizon or call 1.888.881.2622.
Device Protection Summary of Key Terms and Conditions
TMP is a combination of multiple products, each of which is available separately: WPP $3.10/mo. for Smartphones (Tier 2),
Basic Phones and Tablets or $6.85/mo. for Smartphones (Tier 1) and Watches; EW $5/mo.; and Verizon Tech Coach $9/mo.
4
Deductible amounts
Replacement deductibles for select devices:
Smartphones (Tier 1) and Watches
Deductible Sample of devices
$9
No devices at this time
$99
Apple
®
iPhone
®
5S 16 GB,
Apple
®
iPhone
®
SE (16 GB, 64 GB),
Apple
®
iPhone
®
5C 16 GB,
Apple
®
iPhone
®
6 (16 GB, 64 GB),
Apple
®
Watch Series 3 GPS + Cellular (Aluminum Case),
Apple
®
Watch Nike+ GPS + Cellular,
Gear S2, Gear S2 Classic, Motorola Droid Maxx 2,
Motorola Moto Z Play, Samsung Galaxy Note 4,
Samsung Galaxy S4, Samsung Galaxy S5
$149
Apple
®
iPhone
®
6 Plus (16 GB, 64 GB),
Apple
®
iPhone
®
6S (16 GB, 32 GB, 64 GB, 128 GB),
Apple
®
iPhone
®
6S Plus 16 GB,
Apple
®
iPhone
®
7 (32 GB, 128 GB),
Apple
®
iPhone
®
8 64 GB, LG G5,
Motorola Droid Turbo 2, Motorola Moto Z Force Droid,
Samsung Galaxy S6 32 GB, Samsung Galaxy S7 32 GB,
Samsung Galaxy S7 Edge 32 GB,
Samsung Galaxy S8 64 GB, Samsung Galaxy S9 64GB
$199
Apple
®
iPhone
®
6S Plus 64 GB,
Apple
®
iPhone
®
7 Plus (32 GB, 128 GB, 256 GB),
Apple
®
iPhone
®
8 256 GB, Apple
®
iPhone
®
8 Plus (64 GB,
256 GB),
Apple
®
iPhone
®
X (64 GB, 256 GB),
Apple
®
iPhone
®
XR (64 GB, 128 GB, 256 GB),
Apple
®
iPhone
®
XS 64 GB, 256 GB,
Apple
®
iPhone
®
XS Max 64 GB
Samsung Galaxy S8+, Samsung Galaxy S9+,
Samsung Galaxy S10, Samsung Galaxy S10 Lite,
Samsung Galaxy S10+ 128GB
$249
Apple
®
iPhone
®
XS Max 256 GB/512 GB,
Apple
®
iPhone
®
XS 512 GB,
Samsung Galaxy S10+ 512 GB/1 TB
Smartphones (Tier 2), Basic Phones
and Tablets
Deductible Sample of devices
$9
Jetpack MiFi6620L, Verizon Ellipsis 8, Ellipsis 7 Tablet,
Samsung Galaxy J3 V, Samsung Galaxy Core Prime
$99
Google Nexus 7, G Pad X8.3
$149
Apple
®
iPad
®
mini Retina
®
Display 16 GB,
Apple
®
iPad
®
Air 16 GB, Apple
®
iPad
®
Air 2 16 GB
$199
Apple
®
iPad
®
Air (32 GB, 64 GB), Apple
®
iPad
®
Pro 128 GB
$249
No devices at this time
Cracked Screen Repair
Deductible
NOTE: Repair is available on select smartphones,
subject to parts availability. To check availability, go
to phoneclaim.com/Verizon.
$29
All deductibles are non-refundable, and per approved claim.
If you don’t see your device, go to phoneclaim.com/Verizon or call 1.888.881.2622.
$69 deductible tier does not apply to any device models at this time but may be used in the future.
DROID is a trademark of Lucasfilm Ltd. and its related companies. Used under license.
Apple, Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and
other countries. All other trademarks, service marks, and product brands that appear herein are
the property of their respective owners.
Don’t tackle
tech alone.
Tech Coach Support.
Get more from your devices with one-tap
access to live Tech Coach experts who can
help you transfer content, optimize your device
performance, troubleshoot error messages
and connect to wireless networks and other
smart accessories in and out of your home.
Download the Tech Coach app
now to get started.
1 The Tech Coach app collects data from the user’s device to facilitate certain Tech Coach
services, including but not be limited to the Tap-to-Call, Tap-to-Chat and device optimization
and insights functionalities. This data is used solely for Tech Coach services. For complete
details, see the Tech Coach terms of service. Device must be on and within the Verizon
Wireless Data Network Coverage Area for the Tech Coach app to function. Data usage applies
for download and use. The self-help and proactive support functionalities are available at no
charge for eligible devices.
5
How to join.
It’s easy to sign up, but you must act quickly.
To enroll, call 1.800.256.4646, go to verizonwireless.
com/TMP or visit a Verizon store. You are eligible to
enroll in device protection within the first 30 days of
activation or upgrade.
Filing a claim is painless.
To file a claim for lost, stolen or damaged
devices:
Visit verizonwireless.com/TMP
Call Asurion Insurance Services, Inc. at
1.888.881.2622
Log on to your My Verizon account
If traveling internationally, call 615.647.3364
All claims must be filed within 90 days of incident.
To file a claim for a post-warranty defect or
battery replacement:
Call 1.866.406.5154
Florida customers, call 1.888.881.2622
Fraud:
Any person who, knowingly and with intent to injure,
defraud or deceive any insurer, files a statement
of claim or an application containing any false,
incomplete or misleading information is guilty of
insurance fraud. In Florida, such conduct is a felony of
the third degree.
Questions regarding this program should be
directed to Liberty Insurance Underwriters Inc.’s
licensed agent, Asurion Insurance Services, Inc. at
1.888.881.2622. Once your eligibility is verified, the
monthly fee will be added to your wireless bill.
BINDING ARBITRATION
WHILE WE TRY AND RESOLVE DISPUTES, THE
INSURANCE POLICY CONTAINS A MANDATORY
BINDING ARBITRATION PROVISION THAT
REQUIRES THE SUBMISSION OF ALL
DISPUTES (EXCEPT WHERE EXPRESS STATE
EXEMPTIONS ARE PROVIDED) TO ARBITRATION
IN ACCORDANCE WITH THE PROVISIONS SET
FORTH IN SECTION G.1. OF THE POLICY.
Just for clarity.
Optional Insurance Coverage
You don’t need to purchase insurance coverage to
activate your Verizon service.
Duplication of Coverage
You may already have coverage under your
homeowners insurance or other means.
Sales Representative Qualifications
Unless otherwise licensed, Verizon sales
representatives are not qualified or authorized to
evaluate the adequacy of your existing insurance
coverages.
Electronic Communications
If you have or in the future provide your email or other
electronic address to Verizon, Asurion or its partners
involved in administering this program may send you
program terms and conditions through electronic
means to the last address Verizon has on file (except
where prohibited).
Replacement Devices
It is our goal to provide you with a replacement device
that is the same color and has the same features, but
this cannot be guaranteed. If the same make and model
you claim is not available, a similar make and model will
be substituted.
Covered Property
Your coverage applies to the device being used on
your mobile number (for TMP Multi-Device, coverage
applies to devices you have registered for coverage). If
you change devices, your deductible or premium could
change. Please see the sample list of devices in this
brochure.
Non-Return Fee
If you receive a replacement device, your original
device must be returned to us (unless it has been lost
or stolen) using the prepaid shipping label provided
with your replacement device. Under the insurance
program, a Non-Return Fee based on the cost of the
claim to Liberty Insurance Underwriters Inc. may be
charged for your failure to return your original device.
Under the Verizon Extended Warranty, a Non-Return
Fee of up to the full retail price of the replacement
device may be charged for your failure to return your
original device.
Exclusions and Limitations
Coverage contains limitations and exclusions. For
example, intentional loss or damage, cosmetic damage,
and manufacturer recall or design defect, are excluded.
A complete list of exclusions and limitations can be
found in Section B of the full terms and conditions.
6
Take amazing photos.
Point, shoot and click like a pro.
Secure your data.
Make sure your information doesn’t end
up in the wrong hands.
Master your new device.
Learn the features that will save you time and
help you use your new device to its fullest.
Discover everything
your device can do.
Tech Coach experts aren’t there only for when you have
a question. They can help you get more out of the tech
you love and rely on every day.
Here are just a few of the things they can teach you
how to do:
Download the Tech Coach app to learn more.
TEMPBRO0619
ASVZW-8313-19_TMP-MD TRIA
MKT60330
New device?
We’ve got your back.
With Total Mobile Protection, you can choose
to set up your device from the comfort of home.
Our Tech Coach experts are just a tap away to guide
you every step of the way.
Tech Coach can help you:
Securely backup
photos and data
Transfer content
from your old device
to your new device
Reset passwords for Apple
and Android accounts
Set up smart accessories
(wireless speakers, car
Bluetooth, and more)
Text TMP to
867867 to get
started now.
8
A. COVERAGE
In exchange for premium paid when due, we agree to provide the
coverage as stated in the policy on a month to month basis, provided that
any covered damage or loss to the Covered Property is sustained while
your coverage is in effect.
1. Who Is Covered
a. First Named Insured
The First Named Insured is Verizon Wireless for its interest in
Covered Property.
b. Additional Insureds
The First Named Insured has the right to request Additional
Insured status for a customer for his or her interest in the
Covered Property which he, she or it owns (references herein
to “Insured” refer collectively to “First Named Insured” and
Additional Insured”). Requests for coverage for Additional
Insureds are subject to our approval.
(1) Line Based Coverage provides coverage for Covered Property
associated with a specific enrolled mobile number active on
the Additional Insured’s account for wireless communication
service with the Wireless Service Provider.
(2) Account Based Coverage means coverage for the device in
use on any mobile telephone number you have registered
for coverage and that is active on the Additional Insured’s
account for wireless communication service with the
Wireless Service Provider. For coverage to exist on any
device, the Additional Insured must have registered the
mobile telephone number on which the device is used for
Account Based Coverage.
When a mobile telephone number is removed from the
Additional Insured’s account with the Wireless Service
Provider, coverage ceases immediately for any Covered
Property associated with that mobile telephone number.
2. Covered Property
Covered Property means only the mobile wireless communications
equipment as follows:
a. If you have subscribed to Line Based Coverage: Covered
Property means the wireless device owned by you for which: 1)
the unique identification number (International Mobile Equipment
Identity (IMEI)), Electronic Serial Number (ESN), or Mobile Equipment
ID (MEID) of such wireless device is reflected in the records of the
Wireless Service Provider at the time your coverage initially became
effective; and 2) for which outgoing airtime usage has been logged
with the Wireless Service Provider on your account after coverage
became effective; unless you have logged outgoing airtime on a
different wireless phone immediately prior to the time of loss, in
which case such wireless device becomes the covered property so
long as: i) such wireless device is owned by you and you provide us
proof of ownership and ii) airtime usage was logged on such device
on your account with the Wireless Service Provider immediately prior
to the time of loss.
b. If you have subscribed to Account Based Coverage: When
you purchase Account Based Coverage (Total Mobile Protection
Multi-Device), unless you purchase additional coverage, you receive
three enrolled mobile numbers (i.e., three units of coverage), each of
which can be assigned to one mobile telephone number in use on
your account with the Wireless Service Provider. To assign one of
your units of coverage (i.e., an enrolled mobile number) to one of your
mobile telephone numbers, you must register (with either Asurion or
the Wireless Service Provider) the mobile telephone number on which
you want coverage to apply.
When you assign an available enrolled mobile number to a mobile
telephone number on your account, the device in use on the
registered (i.e.,assigned) mobile telephone number becomes
Covered Property so long as the device: a) is in use on a mobile
telephone number that is registered under an enrolled mobile
number, b) is owned by you; c) the device’s unique identification
number (International Mobile Equipment Identity (IMEI)),
Electronic Serial Number (ESN), or Mobile Equipment ID (MEID)
is reflected in the records of the Wireless Service Provider; and
d) outgoing airtime usage has been logged by the device with the
Wireless Service Provider on your account after your account was
enrolled in Total Mobile Protection Multi-Device. If you change
devices in use on a registered mobile telephone number, the new
device becomes the Covered Property in place of the previous
device so long as the requirements of this paragraph are met.
Unless you are eligible for and purchase additional units of
coverage, you may only register three (3) mobile telephone
numbers for coverage. If you purchase additional units of
coverage, each additional unit of coverage you purchase allows
one (1) additional mobile telephone number on your account to be
registered. Please consult the Total Mobile Protection Multi-Device
protection brochure or contact Asurion or the Wireless Service
Provider regarding enrolled mobile number coverage or mobile
telephone number registration.
c. The following applies to both Line Based coverage and
Account Based coverage: Accessories used with the wireless
device above: one standard battery (attached to wireless device at
time of loss if lost or stolen); one standard cigarette lighter adaptor;
one standard leather case; one standard home charger; one
standard earbud. The following Netbook accessories as part of a
Netbook loss: one standard Netbook power cord and one standard
battery. The following Tablet accessories as part of a Tablet loss:
one standard wall/USB charger, one 16GB microSD memory
card, and one standard earbud. The following iPhone accessories
as part of an iPhone loss: one standard wall/USB charger, one
standard earbud, and one standard sync cable. The following iPad
accessories as part of an iPad loss: one standard wall charger and
one standard sync cable. The following Apple Watch accessories as
part of an Apple Watch loss: one standard wrist band (attached to
device at time of loss if lost or stolen) of like kind and quality to the
band received at time of purchase (not to include bands purchased
separate from the watch), one standard adapter, and one standard
charging cable.
LIBERTY INSURANCE UNDERWRITERS INC., or one of its insurance company afliates.
WIRELESS COMMUNICATIONS EQUIPMENT COVERAGE INSURANCE POLICY
Various provisions in the policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
The words “we,” “us” and “our” refer to Liberty Insurance Underwriters Inc.* that is providing the insurance.
The terms “you” and “your” mean, as the context requires, the First Named Insured or any Additional Insured or both.
The word “Agent” refers to Asurion Insurance Services, Inc.
The term “Authorized Service Center” means the service center providing repair and replacement services on our behalf.
The term “Wireless Service Provider” means Verizon Wireless, who is the First Named Insured, providing the Covered Property.
*
or one of its insurance company affiliates.
9
3. Coverage Period
Coverage is provided for the policy period shown in the Declarations
subject to Section G.4.b.
4. Coverage Territory
We insure the Covered Property wherever it is located in the world.
We may require any claims occurring outside the United States or its
territories to be processed in the United States.
5. Covered Causes of Loss
Covered Causes of Loss means risks of being lost, stolen or directly
damaged, except as limited or excluded elsewhere in the policy.
In the State of Florida, the above paragraph A.5. is replaced in its
entirety by the following:
5. Covered Causes of Loss
Covered Causes of Loss means risks of mechanical or electrical
breakdown or being lost, stolen or directly damaged, except as
limited or excluded elsewhere in the policy.
6. Property Not Covered
Covered Property does not include:
a. Contraband or property in the course of illegal transportation
or trade.
b. Data, meaning information input to, stored on, or processed
by the Covered Property. This includes documents, databases,
messages, licenses, contact information, passwords, books, games,
magazines, photos, videos, ringtones, music, and maps.
c. Proprietary electronic devices included with automobile systems
and any motor vehicle or watercraft original or after-market
equipment or accessories, whether or not permanently installed,
including any antenna or wiring.
d. Property that has been entrusted to (including property in-
transit) others for any service, repair or replacement, other than
the Authorized Service Center or its designee.
e. Nonstandard Software, meaning software other than Standard
Software. “Standard Software” means the operating system
pre-loaded on or included as standard with the Covered Property
from the manufacturer.
f. Wireless Equipment whose unique identification number
(including serial number, ESN, MEID, IMEI or similar unique
identification number) has been altered, defaced or removed.
g. Nonstandard External Media, meaning physical objects on which
data can be stored but which are not integrated components of
the Covered Property required for it to function. This includes
data cards, memory cards, external hard drives, and flash drives.
Nonstandard External Media does not include Standard External
Media. “Standard External Media” means physical objects on which
data can be stored and that came standard in the original packaging
with the Covered Property from the manufacturer but which are
not integrated components of the Covered Property required for it
to function.
h. Any property you lease, rent or hold for others.
i. Any other equipment or accessories not described as Covered
Property.
j. Batteries (unless otherwise covered as a covered accessory
when part of a loss to other Covered Property).
In the State of Florida, the above paragraph A.6.j. is deleted in
its entirety.
B. EXCLUSIONS
This insurance does not apply to loss or damage identified in any of
the following or directly or indirectly caused by or resulting from any
of the following:
1. Governmental Authority
Seizure or destruction of property by order of governmental authority.
2. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however
caused. If physical loss or damage by fire ensues, we will pay only
for such ensuing loss or damage.
3. War
(a) War, including undeclared or civil war;
(b) Warlike action by a military force; or
(c) Insurrection, rebellion, revolution, usurped power or action taken
by governmental authority in hindering or defending against any
of these.
Such loss or damage is excluded regardless of any other cause or
event that contributes concurrently or in any sequence to the loss
or damage.
4. Delay, Loss of Use
Indirect or consequential loss or damage, including loss of use,
interruption of business, loss of service, loss of market, loss of time,
loss of profits, inconvenience or delay in repairing or replacing lost
or damaged Covered Property.
5. Electrical and Mechanical Breakdown
Failure of Covered Property to operate due to a faulty part or
workmanship or normal wear and tear when operated according to
the manufacturer’s instructions.
The above paragraph B.5. is deleted in Florida and not replaced.
6. Dishonest or Criminal Acts
Dishonest, fraudulent or criminal acts by you, any authorized user of
the Covered Property, anyone you entrust with the Covered Property,
or anyone else with an interest in the Covered Property for any
purpose, whether acting alone or in collusion with others.
7. Obsolescence
Obsolescence or depreciation.
8. Recall or Design Defect
(a) Manufacturer’s recall; or
(b) Error or omission in design, programming or system configuration.
9. Cosmetic Damage
Cosmetic damage, however caused, that does not affect the
manufacturer’s intended use. This includes:
(a) Cracking, marring, or scratching.
(b) Change in color or other change in the exterior finish.
(c) Expansion or contraction.
10. Covered Under Warranty
Loss or damage that is covered under the manufacturer’s warranty. In
the event we have knowledge of a prior malfunction, proof of repair may
be required before coverage for future claims is applicable.
11. Late Claims
Claims not reported as required by Section E.3. of the policy.
12. Programming, Repair Work
Programming, cleaning, adjusting, repairing, modifying, installing,
servicing, maintaining, or performing any other work upon
Covered Property.
13. Virus
Computer virus or any other malicious code or similar instruction that:
(a) Disrupts the normal operation of the Covered Property; or
(b) Results in destruction of or unsuitability of data or programs
stored in the Covered Property.
14. Voluntary Parting
Voluntarily parting with Covered Property by an Insured or by any
person entrusted with Covered Property, whether or not induced to
do so by any fraudulent scheme, trick, device or false pretense.
15. Intentional Loss or Damage
Abuse, intentional acts, or use of the Covered Property in a
manner inconsistent with the use for which it was designed,
intended, or advised by the manufacturer or that would void the
manufacturer’s warranty.
16. Pollution
The discharge, dispersal, seepage, migration or escape of
pollutants. Pollutants means any solid, liquid, gaseous, or thermal
irritant or contaminant including smoke, vapor, soot, fumes, acid,
10
alkalis, chemicals, artificially produced electric fields, magnetic field,
electromagnetic field, sound waves, microwaves, and all artificially
produced ionizing or non-ionizing radiation and/or waste. Waste
includes materials to be recycled, reconditioned or reclaimed.
17. Fees or Charges
Any fees or charges assessed by Verizon Wireless, whether the
charges incurred are legitimate or fraudulent.
18. Failure to Mitigate
Failure to do what is reasonably necessary to minimize the loss and
to protect the Covered Property from any further loss.
19. Vermin
Insects, rodents, or other vermin.
C. LIMITS OF INSURANCE
1. The most we will spend in any one occurrence to repair or replace
Covered Property is either: four hundred dollars ($400) if the Covered
Property is found in Schedule A or Schedule E; or two thousand dollars
($2,000) if the Covered Property is found in Schedules B, C, D, F, G, H,
I, J, K, L, M, N, O, P, or Q. This Limit of Insurance applies separately to
each claim.
2. When Line Based Coverage is chosen by the Additional Insured,
each Additional Insured is limited to three (3) losses for lost, stolen
or directly damaged, and unlimited cracked screen losses in any
consecutive 12 month time period, including losses incurred during
any prior consecutive policy period. When this limit is exhausted,
coverage will cease immediately and we will notify the Additional
Insured that coverage has ceased and no future premiums are due.
In the State of Florida, the above paragraph C.2. is replaced in its
entirety by the following:
2. When Line Based Coverage is chosen by the Additional Insured, each
Additional Insured is limited to three (3) losses for mechanical or
electrical breakdown or being lost, stolen or directly damaged, and
unlimited cracked screen losses in any consecutive 12 month time
period, including losses incurred during any prior consecutive policy
period. When this limit is exhausted, coverage will cease immediately
and we will notify the Additional Insured that coverage has ceased and
no future premiums are due.
3. When Account Based Coverage is chosen by the Additional Insured,
the maximum number of losses in any consecutive 12 month time
period, including losses incurred during any prior consecutive policy
period, for each Additional Insured’s account is limited to nine (9)
approved claims and unlimited cracked screen claims. If you are
eligible for and purchase additional coverage, each line of additional
coverage you purchase allows three (3) additional approved claims
beyond the initial nine (9) approved claim limit.
The applicable Aggregate Limit is determined based on the total
number of enrolled mobile numbers on an Additional Insured’s
account with the Wireless Service Provider at the time coverage
for the Additional Insured begins. If during the coverage period, the
Additional Insured adds or removes enrolled mobile numbers from
their account with the Wireless Service Provider, the Aggregate
Limit will automatically adjust after completion of each covered
claim based on the total number of enrolled mobile numbers on their
account immediately after completion of the claim. If the number
of losses in the prior 12 month time period equals or exceeds the
Aggregate Limit applicable after completion of the claim, coverage
will cease immediately.
When this limit is exhausted, we will notify the Additional Insured
that coverage has ceased and no future premiums are due.
D. DEDUCTIBLE
The Deductible is either $9, $99, $149, $199, $9, $99, $149, $199,
$9, $99, $149, $199, $29, $29, $69, $249, or $249 depending on
whether the Covered Property is found in Schedule A, B, C, D, E, F, G,
H, I, J, K, L, M, N, O, P, or Q and is non-refundable and is payable at
the time a loss is approved by the Agent. This Deductible will apply to
each filed and approved covered claim, and does not reduce the Limit of
Insurance. Only an Insured may pay the Deductible.
E. INSURED’S DUTIES IN EVENT OF LOSS TO INSURED’S COVERED
PROPERTY
In the event of loss or damage to Covered Property, the Insured
presenting the claim must cooperate with us and see that the following
are done:
1. Suspend Wireless Service
Suspend your wireless communication service, if applicable, as
soon as possible if the Covered Property is lost or stolen.
2. Notify Police
If a claim involves a violation of law or any loss of possession, notify
the police and obtain a police report or case number, the police
station phone number, and the ofcer’s name and badge number
taking the report. If requested, provide a copy of the police report to
Asurion Insurance Services, Inc. within 30 days of request.
3. Notify Agent, Give Description
Notify the Asurion Insurance Services, Inc. within 90 days of the
time of loss.
Give a complete description of:
a. The Covered Property, including make and model, wireless
number, if applicable, and unique identification number (such as
serial number, ESN, MEID, IMEI or similar unique identification
number); and
b. How, when and where the loss or damage occurred.
4. Protect
Take all reasonable steps to protect the Covered Property from
further damage.
5. Permit Inspection
Permit us or our Agent to inspect the damaged property. If we
request to evaluate your equipment failure prior to completion of
your claim, we may require you to take the Covered Property to a
specified location in your area, or send it to the Agent or Authorized
Service Center at our expense.
6. Statement Under Oath
If requested by us or our Agent, submit to questioning under oath
about a claim or other matter relating to the policy. In such event,
the answers must be signed and may be recorded.
7. Proof of Loss and Ownership
If required, provide:
a. Proof of ownership, such as a bill of sale, receipt, proof of
purchase or warranty exchange.
b. A signed, sworn proof of loss or damage containing the
information we or our Agent request to settle the claim. We may
require this statement to be notarized, for which you may incur a
nominal fee.
c. A copy of government-issued photo identification.
d. Other records and documents that may be reasonably
requested.
These records must be provided within 30 days after our request for
the documentation.
8. Return of Damaged and/or Malfunctioning Covered Property
The Additional Insured is required to return the damaged property
including, if coverage is provided under the policy, property that
suffered mechanical and electrical breakdown, to the Authorized
Service Center or other designated location. If the replacement
equipment is sent to you, you will be provided a prepaid shipping
label and envelope in which to return the damaged property.
Disposal of the damaged Covered Property other than by returning it
to the Authorized Service Center, or other location designated by us,
requires the prior consent of us or our Agent.
If the damaged Covered Property is not returned as directed within 15
days of the receipt of the replacement equipment, a Non-Return Fee
as applicable to the model of Covered Property, not to exceed three
hundred dollars ($300) may be charged to the Additional Insured.
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Any recovery of lost or stolen property will accrue entirely to
our benefit.
9. Take Delivery
We may make available to you the approved replacement equipment
for pick up at your Wireless Service Provider. We may also ship the
approved replacement equipment through our Authorized Service
Center directly to you within the United States for which you must
be available to take delivery of the replacement equipment within
30 days of claim authorization. If you are not available at the time
you agree to take delivery, you may be required to pay the costs of
reshipping your replacement equipment.
F. OUR DUTIES IN EVENT OF LOSS
1. When We Repair or Replace
If a claim is made, we or Asurion Insurance Services, Inc. will notify
the Insured of Asurion Insurance Services, Inc.’s assessment of the
claim within 10 days after we or Asurion Insurance Services, Inc.
receives all the information requested from the Insured presenting
the claim.
Repair or replacement of the lost or damaged Covered Property will
be done within 30 days after the Insured, or his or her designee has
complied with all the terms of the policy, and we have agreed with
the Insured about the repair or replacement.
2. Our Options
At our option, we or the Authorized Service Center may repair
the Covered Property with substitute parts or provide substitute
equipment that:
a. Is of like kind, quality and functionality;
b. Is either new, refurbished or remanufactured, and may contain
original or non-original manufacturer parts; and
c. May be a different brand, model or color.
G. ADDITIONAL CONDITIONS
1. Arbitration Agreement
Please read this Arbitration Agreement carefully. It affects
your rights. Most of your concerns about the policy can be
addressed simply by contacting us at 1.888.881.2622. In the unlikely
event we cannot resolve any disputes, including any claims under the
policy, that you or we may have, YOU AND WE AGREE TO RESOLVE
THOSE DISPUTES THROUGH EITHER BINDING ARBITRATION
OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS
OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY
ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS
ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL
BY JURY AND TO PARTICIPATE IN CLASS ARBITRATIONS AND
CLASS ACTIONS. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury. It has
more limited discovery than in court and is subject to limited review
by courts. Arbitrators can award the same damages and relief that a
court can award.
For the purpose of this Arbitration Agreement, references to “we,
“us” and “our” includes Liberty Insurance Underwriters Inc., our
Agent, the First Named Insured and their respective parents,
subsidiaries, affiliates, agents, employees, successors and assigns.
The policy evidences a transaction in interstate commerce,
and thus the Federal Arbitration Act governs the interpretation
and enforcement of this Arbitration Agreement. This Arbitration
Agreement shall survive the termination of the policy.
This Arbitration Agreement is intended to be interpreted broadly, and
it includes any dispute: (1) arising out of or relating in any way to the
policy or to the relationship between You and Us, whether based in
contract, tort, statute, fraud, misrepresentation or otherwise; (2) that
arose either before this Arbitration Agreement or policy was entered
into by you and us or that arises after this Arbitration Agreement
or policy is terminated; and (3) that currently is the subject of a
purported class action litigation in which you are not a member of
a certified class. Notwithstanding the foregoing, this Arbitration
Agreement does not preclude you from bringing an individual action
in small claims court or from informing any federal, state or local
agencies or entities of your dispute. Such agencies or entities may
be able to seek relief on your behalf.
If you or we intend to seek arbitration you and we must first send
to the other a written Notice of Claim (“Notice”) by certified mail.
Your Notice to us should be addressed to: Legal Department, P.O.
Box 110656, Nashville, TN 37222. The Notice must describe the
dispute and state the specific relief sought. If you and we do not
resolve the dispute within 30 days of receipt of the Notice, you
or we may initiate an arbitration proceeding with the American
Arbitration Association (AAA). You can obtain the forms necessary
to initiate an arbitration proceeding by visiting www.adr.org or by
calling 1-800-778-7879. After we receive notice that you have
commenced arbitration, we will reimburse you for payment of any
filing fee to the AAA. If you are unable to pay a required filing fee,
we will pay it if you send a written request by certified mail to:
Legal Department, P.O. Box 110656, Nashville, TN 37222. The
arbitration shall be administered by the AAA in accordance with the
Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (the “Arbitration Rules”) in effect at the
time the arbitration is initiated and as modified by this Arbitration
Agreement. You can obtain a copy of the Arbitration Rules by visiting
www.adr.org or by calling 1-800-778-7879.
The arbitrator appointed by the AAA to decide the dispute is
bound by the terms of this Arbitration Agreement. All issues are
for the arbitrator to decide, including the scope of this Arbitration
Agreement, with the exception that issues relating to the
enforceability of this Arbitration Agreement may be decided by a
court. Unless you and we agree otherwise, any arbitration hearings
will take place in the county or parish of your billing address. If
your dispute is for $10,000 or less, you may choose to conduct the
arbitration hearings either by submitting documents to the arbitrator
or by appearing before the arbitrator in person or by telephone.
If your dispute is for more than $10,000, the right to arbitration
hearings will be determined by the Arbitration Rules. We will pay all
filing, administration and arbitrator fees for any arbitration initiated
pursuant to this Arbitration Agreement, unless your dispute is found
by the arbitrator to have been frivolous or brought for an improper
purpose under Federal Rule of Civil Procedure 11(b). In that case, the
payment of such fees shall be governed by the Arbitration Rules.
At the conclusion of the arbitration hearings, the arbitrator shall issue
a written decision which includes an explanation of the facts and law
upon which the decision is based. If the arbitrator finds in your favor
and issues a damages award that is greater than the value of the last
settlement offer made by us or if we made no settlement offer and the
arbitrator awards you any damages, we will: (1) pay you the amount
of the damages award or $7,500, whichever is greater; and (2) pay
your attorney, if any, twice the amount of the attorney’s fees and the
actual amount of any expenses reasonably incurred when pursuing
your dispute in arbitration. You and we agree not to disclose any
settlement offers to the arbitrator until after the arbitrator has issued
the written decision. The arbitrator may resolve any disputes regarding
attorney’s fees and expenses either during the arbitration hearings
or, upon request, within 14 days of the arbitrator’s written decision.
While the right to the attorney’s fees and expenses discussed above
is in addition to any right you may have under applicable law, neither
you nor your attorney may recover duplicate awards of attorney’s fees
and expenses. Although we may have the right under applicable law
to recover attorney’s fees and expenses from you if we prevail in the
arbitration, we hereby waive the right to do so.
To the extent either declaratory or injunctive relief is sought in the
arbitration, such relief can be awarded only to the extent necessary
to provide the relief warranted by a party’s individual claim. YOU
AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. Unless you and we agree
otherwise, the arbitrator may not consolidate the dispute of another
person with your or our dispute and may not preside over any form of
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a representative or class proceeding. If this specific provision of this
Arbitration Agreement is found to be unenforceable, then the entirety of
this Arbitration Agreement shall be null and void.
2. Claim Authorization and Loss Payment
We or Asurion Insurance Services, Inc. has the right to settle the loss
with the Insured or his or her designee.
No claims will be accepted unless authorized by Asurion Insurance
Services, Inc.
All repairs and replacements must be made by the Authorized
Service Center, unless we or our Agent gives the Insured other
specific directions. In no event will Insureds be entitled to
reimbursement for any out-of-pocket expenses.
3. Cancellation
a. How An Additional Insured Cancels
An Additional Insured may cancel the coverage provided by
notifying the Agent or First Named Insured who will advise
the Agent.
b. How We Cancel
We may cancel the policy or change the terms and conditions
only upon providing the First Named Insured and Additional
Insured with at least thirty (30) days notice or other period as
required by law unless we cancel for the following reasons:
(1) We may cancel an Additional Insured under the policy upon
fifteen (15) days notice or other period as required by law for
discovery of fraud or material misrepresentation in obtaining
coverage or in the presentation of a claim thereunder.
(2) We may cancel an Additional Insured under the policy
immediately or other period as required by law:
(a) for nonpayment of premium;
(b) if the Additional Insured ceases to have an active service
with the First Named Insured; or,
(c) if the Additional Insured exhausts the Aggregate Limit
of liability, if any, under the terms of the policy and we
send notice of cancellation to the Additional Insured
within thirty (30) calendar days after exhaustion of the
limit. However, if notice is not timely sent, enrollment
shall continue notwithstanding the Aggregate Limit
of liability until we send notice of cancellation to the
Additional Insured.
c. How First Named Insured Cancels
If the policy is cancelled by the First Named Insured, the
First Named Insured shall mail or deliver written notice to
each Additional Insured advising the Additional Insured of the
cancellation of the policy and the effective date of cancellation.
The written notice shall be mailed or delivered to the Additional
Insured at least thirty (30) days prior to the cancellation.
d. How Notice of Cancellation is Provided
Notices made pursuant to Section G.3.b. and c. shall be in
writing and include the actual reason for cancellation and the
effective date of cancellation. The coverage will end on that date.
Notices may be mailed or delivered to the First Named Insured
at its mailing address. Notices may be mailed or delivered to the
affected Additional Insureds’ last known mailing or electronic
addresses on file with us.
We or the First Named Insured shall maintain proof of mailing
in a form authorized or accepted by the United States Postal
Service or other commercial mail delivery service. We or the
First Named Insured may comply with Section G.3.b. and c. by
providing such notice or correspondence to the First Named
Insured or its Additional Insureds by electronic means. If
accomplished through electronic means, we or the First Named
Insured shall maintain proof that the notice or correspondence
was sent.
The First Named Insured agrees to pay or act as delivery agent
for notice of cancellation to all Additional Insureds.
e. Return Premiums, If Any
If the policy is canceled, any refunds due will be on a pro rata
basis. The cancellation will be effective even if the refund has not
been made or offered.
4. Eligibility
a. To be eligible for coverage you must 1. be a valid, active and
current subscriber of your Wireless Service Provider; 2. not
have engaged in fraud or abuse with respect to this or a similar
communications equipment insurance program; and 3. not be
in breach of any material term of the policy, including but not
limited to failure to return damaged Covered Property when
requested in conjunction with a loss.
b. If you request enrollment of coverage and your request is approved
by us, your coverage is retroactive to the date of your application.
The successful completion of a test call to the Covered Property
may be required prior to our approval.
Eligibility for enrollment after initial activation may be subject
to limitations.
5. Changes
The First Named Insured, on its own behalf and on behalf of the
Additional Insureds, is authorized to make changes in the terms of
the policy with our consent. The policy’s terms can be amended
or waived only by endorsement issued by us and made a part of
the policy.
If notice of such changes is mailed, proof of mailing will be sufcient
proof of notice.
6. Concealment, Misrepresentation or Fraud
The policy is voidable in any case of fraud, intentional
concealment or misrepresentation of a material fact, by either the
First Named Insured or any Additional Insured or their designee at
any time, concerning:
a. The policy;
b. The Covered Property;
c. The Insured’s interest in the Covered Property; or
d. A claim under the policy;
but only with respect to their coverage.
7. Conformity To Statute
We agree that any terms of the policy not in conformity with the
statutes of the state in which the policy is issued are amended to
conform to those applicable state statutes.
8. Benet Only Available To Insureds
No person or organization, other than an Insured, will benefit from
the insurance. We may provide you access to other limited benefits
or services related to your Covered Property where available.
These may include: property location or recovery services;
data management or recovery services; equipment service and
maintenance; reduced cost upgrade or purchase benefits or other
services provided through your Wireless Service Provider or other
authorized service facilities.
9. Legal Action Against Us
No one may bring a legal action against us under the policy unless:
a. There has been full compliance with all the terms of the policy;
b. The action is brought within 2 years after the Insured has
knowledge of the loss or damage;
c. The action is brought in compliance with Section G.1.
10. Liberalization
If we adopt any revision in the policy which would broaden the
Coverage under the policy without additional premium within 60
days prior to or during the policy period, the broadened coverage
will immediately apply to the policy.
11. Premiums
a. The First Named Insured is responsible for the payment of
all premiums.
13
b. Within fteen days after the end of each month, the First
Named Insured:
(1) Will report to the Agent the total number of Covered Property
units that were covered under the policy as of the last day of
that month; and
(2) Will remit the monthly premium to us through the Agent
based on that report.
For Line Based Coverage, the monthly premium will be
calculated by multiplying the Monthly Premium Rate per unit
of Covered Property by the total number of such units.
For Account Based Coverage, the monthly premium will be
calculated by summing the applicable Monthly Premium Rates
for accounts enrolled in Account Based Coverage.
c. The First Named Insured may request that Additional Insureds
be billed for the Monthly Premium Rate applicable to their
Covered Property.
If the First Named Insured provides monthly billing and collection
services for the Agent, all funds collected by the First Named
Insured are our property.
We may examine and audit the First Named Insured’s books and
records relating to such premium payments and reporting at any
time during the policy period and up to three years afterward.
12. Transfer of Rights and Duties Under The Policy (Assignment)
No rights and duties under the policy may be transferred without our
written consent.
13. Transfer of Rights of Recovery Against Others To Us
(Subrogation)
If after we have made good the covered loss or damage, any Insured
has rights to recover damages from another, and those rights are
transferred to us to the extent of our cost of repair or replacement. The
Insured must do everything necessary to secure our rights and must do
nothing after loss or damage to impair them.
DISCLOSURE – TERRORISM RISK INSURANCE ACT
In accordance with the Terrorism Risk Insurance Act, including all
amendments, (“TRIA” or the “Act”), we are required to provide you with a
notice of the portion of your premium attributable to coverage for “certified
acts of terrorism,” the federal share of payment of losses from such acts,
and the limitation or “cap” on our liability under the Act.
Disclosure of Premium: The Company has made available coverage for
“certified acts of terrorism” as defined in the Act. If purchased, the portion
of your premium attributable to coverage for “certified acts of terrorism” is
shown in the Declarations, Declarations Extension Schedule or elsewhere
by endorsement in your policy.
Federal Participation In Payment Of Terrorism Losses: If an individual
insurer’s losses from certified acts of terrorism exceed a deductible amount
specified in the Act, the federal government will reimburse the insurer for
the Federal Share of losses paid in excess of the deductible, but only if
aggregate industry losses from such acts exceed the “Program Trigger”.
The Federal Share and Program Trigger by calendar year are: Calendar Year
2015: Federal Share 85% - Program Trigger $100,000,000. Calendar Year
2016: Federal Share 84% - Program Trigger $120,000,000. Calendar Year
2017: Federal Share 83% - Program Trigger $140,000,000. Calendar Year
2018: Federal Share 82% - Program Trigger $160,000,000. Calendar Year
2019: Federal Share 81% - Program Trigger $180,000,000. Calendar Year
2020: Federal Share 80% - Program Trigger $200,000,000.
Cap On Insurer Participation In Payment Of Terrorism Losses: If
aggregate insured losses attributable to “certified acts of terrorism” exceed
$100 billion in a calendar year and we have met our deductible under the
Act, we shall not be liable for the payment of any portion of the amount
of such losses that exceeds $100 billion. Nor shall Treasury make any
payment for any portion of the amount of such losses that exceeds $100
billion. In such case, insured losses up to that amount are subject to pro
rata allocation in accordance with procedures established by the Secretary
of the Treasury.
STATE CHANGES TO THE LIBERTY INSURANCE
UNDERWRITERS INC. WIRELESS COMMUNICATIONS
EQUIPMENT COVERAGE INSURANCE POLICY
This document summarizes state required changes to the Terms and
Conditions of the Liberty Insurance Underwriters Inc. Wireless Communications
Equipment Coverage Insurance Policy (“Policy”).
Cancellation
The states listed below required us to amend or add to certain provisions of
the Policy related to cancellation by the insurer that are found in ADDITIONAL
CONDITIONS 3.b. (“How We Cancel”). These required state amendments
were either changes to the number of days’ notice required to be given for
particular reason(s) for cancellation or additional language to the provision.
Each state’s amendment is described below.
If your state is NOT listed, it did not amend ADDITIONAL CONDITIONS
3.b. and all reasons for cancellation and the required notices listed in
ADDITIONAL CONDITIONS 3.b. apply to you as outlined in the Policy Terms
and Conditions. If your state IS listed below, ADDITIONAL CONDITIONS 3.b.
as outlined in the Policy Terms and Conditions applies to you with the below
changes or additions incorporated into ADDITONAL CONDITIONS 3.b.
Colorado, Connecticut, Kansas and Mississippi: We may cancel your
coverage for nonpayment of premium with at least 15 days’ notice.
Georgia, Hawaii, Illinois and Ohio: We may cancel or change the terms
and conditions with at least 60 days’ notice unless we cancel for other
reasons set forth in the policy.
Idaho: You are entitled to reject changes to the terms and conditions and
receive a pro-rata refund within 60 days’ from our receipt of your notice.
Iowa: We will continue enrollment until 30 calendar days after notice
of cancellation is provided to the Additional Insured if timely notice of
cancellation was not sent following the Additional Insured’s exhaustion of
the Aggregate Limit of Liability.
Maryland: We may cancel or change the terms and conditions with at
least 60 days’ notice unless we cancel for other reasons set forth in the
policy. We may cancel your coverage for nonpayment of premium with
at least 10 days’ notice. We may cancel with at least 45 days’ notice
for fraud or material misrepresentation. We will send notice within 15
business days if the aggregate limit is exhausted. Notice will not be sent
if substantially similar coverage has been obtained from another insurer
without any lapse of coverage. The Wireless Service Provider must give 45
days’ notice if it cancels.
Montana: We may cancel your coverage for nonpayment of premium with
at least 10 days’ notice.
Nebraska: We may cancel or change the terms and conditions with at
least 60 days’ notice unless we cancel for other reasons set forth in the
policy. We may cancel your coverage for nonpayment of premium with at
least 15 days’ notice.
Nevada: We may cancel with at least 10 days’ notice for fraud or material
misrepresentation.
New York: We may cancel or change the terms and conditions with at least
60 days’ notice unless we cancel for other reasons set forth in the policy.
We may cancel your coverage for nonpayment of premium with at least 15
days’ notice. We will send notice within 15 business days if the aggregate
limit is exhausted. Notice will not be sent if substantially similar coverage has
been obtained from another insurer without any lapse of coverage.
North Dakota: We may change the terms and conditions with at least 30
days’ notice. If coverage has been in effect for less than 90 days, we may
cancel for any reason with at least 10 days’ notice or at least 30 days’ for
fraud or intentional misrepresentation. If coverage has been in effect for 90
14
days or more, we may cancel with at least 10 days’ notice for nonpayment of
premium, and at least 30 days’ notice for: fraud or misrepresentation; actions
that substantially increase or change the risk; refusal to eliminate known
conditions that increase the potential for loss, after notification; substantial
change in risk assumed, unless reasonably foreseen; our loss of reinsurance;
or a determination by the insurance commissioner that the continuation of
the coverage could place us in violation of North Dakota insurance laws. We
may elect not to renew the policy with at least 60 days’ notice. We will not
mail or deliver notice of nonrenewal if you have obtained substantially similar
coverage or accepted replacement coverage from another insurer.
Oregon: We may cancel or change the terms and conditions with at least
60 days’ notice unless we cancel for other reasons set forth in the policy.
We may cancel your coverage for nonpayment of premium with at least 15
days’ notice.
Pennsylvania: We may cancel or change the terms and conditions with
at least 60 days’ notice unless we cancel for other reasons set forth in the
policy. We may cancel your coverage for nonpayment of premium with at
least 30 days’ notice.
South Dakota: We may cancel or change the terms and conditions with
at least 20 days’ notice unless we cancel for other reasons set forth in the
policy. We may cancel your coverage for nonpayment of premium or for
fraud or material misrepresentation with at least 20 days’ notice.
Utah: We may cancel with at least 30 days’ notice for fraud or material
misrepresentation in obtaining coverage or in the presentation of a
claim thereunder.
Washington: We may cancel or nonrenew the policy or change the
terms and conditions with at least 30 days’ notice unless we cancel for
other reasons set forth in the policy. We may cancel your coverage for
nonpayment of premium with at least 10 days’ notice. We may not increase
premiums or deductibles or otherwise restrict coverage more than once in
any 6 month period.
Wyoming: We may cancel your coverage for nonpayment of premium
at least 10 days’ notice. We may cancel immediately for fraud or
material misrepresentation.
Arbitration
Certain states required us to amend or add to certain provisions found in
ADDITIONAL CONDITIONS G.1. (“Arbitration Agreement) of the Policy as
described below. If your state is not listed, it did not amend ADDITIONAL
CONDITIONS G.1., and all of the provisions of ADDITIONAL CONDITIONS
G.1. apply as outlined in the Policy Terms and Conditions.
Arkansas and South Dakota: In the event a dispute has arisen,
arbitration is voluntary and nonbinding, resolved before a single Arbitrator,
in your county or place of business, and governed by the American
Arbitration Association (AAA) in accordance with its Wireless Industry
Rules and Procedures in effect at the time the arbitration is agreed to. (All
other terms of Paragraph 1, G. ADDITIONAL CONDITIONS apply.)
District of Columbia, Kansas, Montana, Oklahoma, and Vermont:
Arbitration is voluntary and non-binding provided you reject the arbitration
decision in writing to us within forty-five (45) days of the decision. (All other
terms of Paragraph 1, G. ADDITIONAL CONDITIONS apply.)
Georgia, Louisiana and Nevada: The “Arbitration Agreement” provision
does not apply.
Kentucky, Maine and Wyoming: Arbitration is non-binding provided you
reject the decision and file a legal proceeding in the appropriate federal,
state or local court, based on the same issue and facts as raised by you
in the arbitration proceeding within forty-five (45) days of the decision.
Under no circumstances shall a legal proceeding be filed in a federal,
state or local court until such time as both you and we first address our
disagreement in an arbitration proceeding and obtain an arbitration award
pursuant to this arbitration provision. (All other terms of Paragraph 1, G.
ADDITIONAL CONDITIONS apply.)
Massachusetts: Arbitration is voluntary.
Missouri: Arbitration is voluntary. If you and we agree to arbitrate, then
you and we agree that the resolution of the dispute will be governed by the
Arbitration Agreement. (All other terms of Paragraph 1, G. ADDITIONAL
CONDITIONS apply.)
Oregon: Arbitration is non-binding provided you reject the decision and file
a legal proceeding in the appropriate federal, state or local court, based
on the same issue and facts as raised by you in the arbitration proceeding
within forty-five (45) days of the arbitrators award. Under no circumstances
shall a legal proceeding be filed in a federal, state or local court until such
time as both you and we first address our disagreement in an arbitration
proceeding and obtain an arbitration award pursuant to this arbitration
provision. Any arbitration shall be administered in accordance with the
Arbitration Rules unless any procedural requirement of the Arbitration Rules
is inconsistent with the Oregon Uniform Arbitration Act in which case the
Oregon Uniform Arbitration Act shall control. (All other terms of Paragraph
1, G. ADDITIONAL CONDITIONS apply.)
Washington: 1) Arbitration is non-binding provided you reject the
arbitration decision in writing to us within forty-five (45) days of the
arbitrator’s award. Under no circumstances shall a legal proceeding be
filed in a federal, state or local court until such time as both you and we
first address our disagreement in an arbitration proceeding and obtain an
arbitration award pursuant to this arbitration provision. 2) The following
sentence is deleted from Paragraph 1, G. ADDITIONAL CONDITIONS:
This policy evidences a transaction in interstate commerce, and thus the
Federal Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. (All other terms of Paragraph 1, G. ADDITIONAL
CONDITIONS apply.)
West Virginia: Arbitration is voluntary. Each party will select an arbitrator.
The two arbitrators will select a third arbitrator. If they cannot agree upon
the selection of a third arbitrator within 30 days, both parties must request
the selection of a third arbitrator be made by a judge of a court having
jurisdiction. A decision agreed to by any two will be binding. Payment of the
arbitrator’s fee shall be made by us if coverage is found to exist. If coverage
is not found, each party will: (a) pay its chosen arbitrator; and (b) bear the
other expenses of the third arbitrator equally.
Miscellaneous
Michigan: The following notice is required: This policy is exempt from
the filing requirements of section 2236 of the insurance code of 1956,
1956 PA 218, MCL 500.2236.
Canc/Arb Sum v.3 02/19
Not Insurance or Service Contract
VERIZON WIRELESS TECH COACH TERMS OF SERVICE
Your use of Verizon Wireless Tech Coach (“Services”) is subject to the
Tech Coach Terms of Service described below; Your use is also subject
to the Verizon Wireless Customer Agreement, which is available at www.
verizonwireless.com. Please read both the Tech Coach Terms of Service
and the Verizon Wireless Customer Agreement, and do not use the Services
if You disagree with them. Additional information about the Services is
available at www.verizonwireless.com.
Supported Devices & Use of Services.
The Services are available for devices associated with each line enrolled
in either the Total Mobile Protection programs (includes “TMP” or “TMP
Multi-Device,” hereinafter collectively referred to as “TMP”) or Tech Coach
(“Supported Devices”). To use the Services, You must have an active
Verizon Wireless account and a Supported Device, and You must provide
Us with the wireless number associated with Your Supported Device when
seeking Services. Data usage charges may apply to the Services, and You
are solely responsible for their payment. In some circumstances, You may
need to supply or purchase additional equipment or software to receive
the full benefit of the Services, and You are responsible for the cost of that
equipment or software.
Scope of the Services.
The Services include: (a) technical support for Your Supported Devices and
the operating systems and software applications on it; (b) technical support
for the use of Your Supported Devices with other devices and services
15
manufactured to be compatible with Your Supported Device or intended
to be connected to it; and (c) for select Supported Devices, in select
locations, TMP customers may be eligible for same-day delivery services for
replacements provided under their insurance program and device setup by a
delivery and setup expert (“Setup Services”). Setup Services provided with
same-day delivery for replacements under TMP may include activation, data
migration services and/or initial device configuration and connectivity.
The Services do not include: (a) assistance with wireless network coverage
issues, such as dropped calls/data interruptions; (b) facilitating or activating
over-the-air updates to operating systems, firmware, or other software on
Your behalf; (c) diagnostic support unrelated to Your Supported Device;
(d) modification of Original Equipment Manufacturer (“OEM”) software; (e)
installation of third-party software or OEM drivers not supported by the
Supported Device; (f) setup, support or repair of computers, peripherals
or home or wireless routers, modems or networks; (g) installation of
non-sanctioned applications; (h) data migration from computer device
to computer device; or (i) assistance with specialized devices related to
medical care, including but not limited to, emergency assistance/rst
responder devices.
From time to time, Verizon Wireless may make available to You certain
optional promotional offers that are separate from the Services.
Tech Coach Mobile Application.
The Services also include access to the Tech Coach Mobile Application
(“App”) that is provided to You directly by Asurion Mobile Applications, LLC.
The App provides several functions, including access to the Services through
click-to-call, click-to-chat, self-help information, and educational notifications;
and may at a future date provide other functions including backup of photos
and videos and password management and other device and identity security
features. The App is subject to a separate end-user license agreement
available at www.phoneclaim.com/verizon/techcoachapp/terms/, which is
independent of the Tech Coach Terms of Service and Verizon Wireless Terms
of Service.
Same-day Replacement Delivery and Setup Services.
If You are enrolled in TMP, and located in a market where same-day
delivery is available, You may be eligible to receive Your replacement device
on the same-day You file Your insurance claim and it is approved for a
replacement. Only claims filed by 4:00 p.m., local time, and that meet the
eligibility requirements, may receive a replacement device from a delivery
and setup expert by 9 p.m., local time, on the same-day their claim was filed
and approved. Your device’s eligibility for this service is determined at the
time an insurance claim is made and approved. Limitations and exclusions
may apply.
1
Setup Services will not include dismantling or installation of
equipment unrelated to the replacement device. In order to be eligible for
Setup Services, someone at least 18 years of age must be present at all
times while the delivery and setup expert is on site and performing the
requested Setup Services. The delivery and setup expert will contact You
prior to delivering Your replacement device and Setup Services to verify the
delivery window. If You do not confirm Your availability for Your scheduled
delivery and Setup Services, Tech Coach reserves the right to cancel Your
delivery and Setup Services. If eligible for Setup Services, You may be
required to sign a consent form to perform the requested services prior to
any services being performed. You agree to provide a safe, non-threatening
environment for the delivery and setup expert to perform the Setup Services.
The delivery and setup expert has the right to terminate Setup Services if
they feel that You are not complying with any requirements contained in
this Agreement or any consent provided prior to the initiation of the Setup
Services. Setup Services will continue until completion only if completion
can occur within a reasonable amount of time, reasonableness will be at the
discretion of the delivery and setup expert. In the event the Setup Services
are stopped prior to Your device setup being complete, You may continue the
Setup Services by calling a Tech Coach or clicking on the Tech Coach App.
Backup of Software and Data.
You are responsible for backing up the software or data stored on Your
Supported Device and other devices included in the Services. Verizon
Wireless is not responsible for any loss, alteration or corruption of any
software or data, and We may decline to provide Services to You if it is
determined that You have not taken appropriate back-up measures.
Commercially Reasonable Efforts.
Verizon Wireless will use commercially reasonable efforts to provide the
Services. This means that if We are unable to resolve Your issue after
making commercially reasonable efforts, We have the right and discretion to
refuse to take further efforts to do so. Additionally, in some instances, We
may have limited information from vendors, manufacturers and developers,
and We may not have the ability to obtain the proprietary or other information
required to resolve Your issue. Some technical problems that You encounter
may be the result of software or hardware errors not yet resolved by the
vendors, manufacturers or developers of that software or hardware, in which
case We may not be able to resolve Your issue. In those circumstances, You
still are liable for any fees or charges associated with the Services.
Remote Access Applications.
To receive Services, You may be required to run certain software
applications on Your Supported Device and other devices included in the
Services (“Software”). The Software may include tools that allow Verizon
Wireless to access Your devices and any content stored thereon remotely.
You agree to comply with the terms applicable to the Software, and in
the event of a conflict between those terms and the Tech Coach Terms
of Service and the Verizon Wireless Customer Agreement, the Software-
specific terms control with regard to the Software only. You acknowledge
and agree that You will not copy or modify the Software or any other
materials provided to You in connection with the Services.
Representations and Authorizations.
When seeking Services, You represent that You are the owner or an
authorized user of the Supported Device or other devices included in the
Services, as well as any software thereon, and We reserve the right to
refuse to provide Services to You, if We determine that You are not the
owner or authorized user. When seeking Services, You: (a) expressly consent
to Tech Coaches remotely accessing Your Supported Device, other devices
included in the Services and any data, videos, pictures, text messages
or other content thereon; (b) expressly authorize Tech Coaches to effect
changes to Your devices, to the extent necessary to provide the Services,
and You acknowledge and agree that such changes may be permanent and
irreversible; and (c) if eligible, and choose to have Your replacement device
under TMP delivered to you same-day, with Setup Services, expressly
authorize a delivery and setup expert to deliver Your replacement device
to Your home (or designated address), and consent to a delivery and setup
expert performing certain Setup Services, in Your home (or designated
address), subject to this Agreement.
Passwords.
If You know or suspect that the passwords associated with or stored on
Your Supported Device have been available to or accessed by anyone as a
result of Your use of the Services, You should immediately change or reset
those passwords.
Claim Limitation.
Subject to the Arbitration provision in your Verizon Wireless Customer
Agreement and unless otherwise allowed by applicable law, any claim
related to the Services shall be brought within one (1) year of the events
giving rise to the claim. Failure to assert any such claim during that time
results in the claim being forever barred.
Right to Terminate.
Verizon Wireless reserves the right to suspend or terminate Your use of
the Services at any time and for any reason, including for abuse, excessive
usage or failure to pay any fees or charges associated with the Services.
We also reserve the right to change the scope or extent of the Services
at any time and for any reason. Any refund of fees or charges associated
with the Services that We may agree to pay in such circumstances will
be limited to the fees You paid in the prior month for the Services. If You
wish to terminate Your access to the Services, please contact Us by calling
(800) 922-0204 or visiting www.verizonwireless.com.
1
Same-day delivery is available in select locations and for select devices.
Check www.phoneclaim.com/verizon to determine if Your device is eligible
and to determine markets where same-day delivery is available.
16
SERVICE CONTRACT
I. FEE:
You will be billed a monthly fee in the amount of $5.00, in New York
$3.90 or $4.15, based on device type, in advance, to receive this
Service Contract unless you purchase this protection as part of a
program bundle. If you purchase this protection as a part of a program
bundle your charges will be as listed below:
Program
Name
Program
Price
Service
Contract Price
Total
Equipment
Coverage
$7.00 or $11.00 $3.90 or $4.15
Total Mobile
Protection
$12.00 or
$15.00
$3.90 or $4.15
Total Mobile
Protection
Multi-Device
$45.00
$10.65
first 3 lines
$3.75 each
additional line
Total Mobile
Protection for
Business
$45.00 $10.65
The fee for this Service Contract is based on the device protection
program you select.
Verizon Wireless may change the monthly charge, the administration, or
the terms and conditions of this Service Contract from time to time upon
thirty (30) days written notice to you. Your continued payment of the
charges, after such notice, constitutes your acceptance of any changes.
If you change your protection program selection, the fee may change.
PLEASE REFER TO SECTION XII. OF THIS SERVICE CONTRACT FOR
STATE SPECIFIC PROVISIONS THAT MAY APPLY TO YOU.
II. WHAT THIS SERVICE CONTRACT COVERS:
During the term of the Service Contract, Verizon Wireless will
pay for the cost of expedited shipping of your individually owned
wireless device (hereinafter the “Product) in the event you require a
replacement. If there is a defect (including pre-existing) in the material
and/or workmanship of your Product after the original equipment
manufacturer’s warranty, and the Product has been subject only
to normal use and service, Verizon Wireless agrees to, at its sole
discretion, repair it, or replace it with a device of comparable kind and
quality at no charge, provided that you return it in accordance with the
terms of this Service Contract. If failure occurs in the Products battery
due to defect in the material and/or workmanship, after the original
equipment manufacturer’s warranty, Verizon Wireless will repair, or
at its sole option, replace, the battery. The replacement device you
receive may be a new or reconditioned device of equal or comparable
value to the Product. Non-original manufacturer’s parts may be used
in reconditioned devices or in covered repairs. All Products replaced
by Verizon Wireless shall become the property of Verizon Wireless.
THIS SERVICE CONTRACT COVERS THE WIRELESS DEVICE ONLY
AND NOT ITS ACCESSORIES, INCLUDING THOSE CONTAINED WITHIN
THE PRODUCT IN THE ORIGINAL PACKAGING FROM THE ORIGINAL
EQUIPMENT MANUFACTURER.
III. WHAT THIS SERVICE CONTRACT DOES NOT COVER:
A. Defects or damage resulting from use of the Product in other than
its normal and customary manner;
B. Defects or damage from misuse, abuse, accident or neglect;
C. Defects or damage from improper operation, maintenance,
installation, adjustment or any alteration or modification of any kind;
D. Products disassembled or repaired in such a manner as to
adversely affect performance or prevent adequate inspection and
testing to verify any claim;
E. Products with labels removed or illegible serial numbers;
F. Defects or damage due to spills of or immersion in food or liquid;
G. Scratches on all plastic surfaces and externally exposed parts
resulting from normal use;
H. Damage resulting from normal wear and tear;
I. Defects or damage covered by the original equipment
manufacturer’s warranty; and/or
J. Damage caused by abuse, intentional acts, or the use of the
Product in a manner inconsistent with the use for which it
was designed, intended or advised by the original equipment
manufacturer or that would void such manufacturer’s warranty.
IV. HOW LONG THIS SERVICE CONTRACT LASTS:
Verizon Wireless will provide the benefits described in Paragraph ll.
beginning on the date your Verizon Wireless service is activated on
the Product and the services under this Service Contract are added to
your account, and will continue to provide such benefits on a month-
to-month basis for as long as you subscribe to this program or for the
duration of your continuous active service with Verizon Wireless using
the Product, whichever occurs first. Activation will be deemed to be no
later than fifteen (15) days from the date of delivery of the Product to
you, the owner.
V. HOW TO GET YOUR PRODUCT REPAIRED OR REPLACED UNDER
THIS SERVICE CONTRACT:
At Verizon Wireless’ sole discretion, claim fulfillment will be provided
at select Verizon Wireless operated retail stores, or by calling Verizon
Wireless at (866) 406-5154 (toll free from a landline phone). Your
Product may be repaired or replaced at a Verizon Wireless Authorized
Repair Facility. If there are no Verizon Wireless Authorized Repair
Facilities available in your area, Verizon Wireless will provide you with
a replacement device. In the event Verizon Wireless arranges for the
repair of the Product, you may be required to deliver your Product for
repair as directed by Verizon Wireless. If Verizon Wireless arranges
for the replacement of your Product, the replacement device will be
shipped directly to you within 5 business days, or you may be required
to pick-up the replacement device at a Verizon Wireless retail location in
your area. Once you receive your replacement device, you must return
your defective Product to Verizon Wireless in the shipping package
we include with the replacement device within five (5) days. If you do
not return your defective Product or if you return a Product that is not
covered pursuant to Section III of this Service Contract, you will be
charged up to the full retail price of the replacement device, which may
exceed $800. However, if you are notified by us that your Product is
damaged due to something that is not covered by this Service Contract,
you may return the replacement device to Verizon Wireless in the
shipping package it came in to avoid being charged the value of the
replacement device. Replacement devices and accessories returned
must be in like-new condition to avoid being charged a fee.
VI. REQUIRED CLAIM SERVICE FEE:
There is no claim service fee.
VII. YOUR OBLIGATIONS UNDER THIS SERVICE CONTRACT:
You must use the Product in a normal way; you must protect against
further damage to the Product if there is a covered defect; you must
follow the Product’s instruction manual.
VIII. HOW AND WHEN YOU OR WE MAY TERMINATE THIS
SERVICE CONTRACT:
Subject to any State Specific Requirements set forth in Section XII, we
may terminate this Service Contract at any time. You may terminate
this Service Contract at any time by visiting any Verizon Wireless
operated retail location, calling (866) 406-5154 (toll free from a
landline phone), or by visiting the MyVerizon page at verizonwireless.
com and requesting cancellation. If your wireless service with
Verizon Wireless is terminated or expires for any reason, you will be
deemed to have terminated this Service Contract. If Verizon Wireless
terminates this Service Contract you will receive a prorated refund
of the most recent monthly fee paid. Cancellation of this Service
Contract by Verizon Wireless will be effective no less than thirty (30)
days after you receive notice of cancellation. The notice will state
17
the effective date of and reason for cancellation. If you terminate this
Service Contract within thirty (30) days of activation of service or other
authorized enrollment under this Service Contract plan, whichever is
later, and no claim has been made hereunder you will receive a full
refund of any amounts paid for it. If you cancel this Service Contract
within this time period we will provide you with a refund no later than
thirty (30) days after you notify us that you wish to cancel. If we do
not provide the refund to you within this time period, you are entitled
to receive a refund in the amount of what you paid, plus an extra ten
percent (10%) for each month in which the refund is not provided
to you. If you terminate this Service Contract more than thirty (30)
days after activation of service or other authorized enrollment under
this Service Contract plan, whichever is later, or if a claim has been
paid during that period, you will receive a prorated refund of the most
recent monthly fee paid.
IX. OTHER CONDITIONS:
This Service Contract is extended to the original owner only and may
not be assigned or transferred to a subsequent owner. This is Verizon
Wireless’ complete Service Contract for your Product. Verizon Wireless
assumes no obligation or liability for additions or modifications to this
Service Contract unless made in writing and signed by an officer of
Verizon Wireless. Verizon Wireless does not warrant the installation,
maintenance or service of the Product, accessories, removable batteries
or parts.
A. Verizon Wireless is not responsible in any way under this Service
Contract for any ancillary/peripheral equipment attached to or used
in connection with the Product, or for operation of the Product with
any ancillary/peripheral equipment. All such equipment is expressly
excluded from this Service Contract. Furthermore, Verizon Wireless
is not responsible for any damage to the Product resulting from the
use of ancillary/peripheral equipment not included with the Product
in the original packaging from the original equipment manufacturer.
B. When the Product is used in conjunction with ancillary/peripheral
equipment not included with the Product in the original packaging
from the original equipment manufacturer, Verizon Wireless does
not warrant and shall not supply service in connection with the
operation of the Product/peripheral/ancillary combination, and
Verizon Wireless will honor no claim where the Product is used in
such a combination and it is determined by Verizon Wireless that
there is no fault with the Product. Verizon Wireless specifically
disclaims any responsibility for any damage caused in any way
by the use of Product accessories/peripherals (specific examples
include, but are not limited to, batteries, chargers, adapters
and power supplies) when such accessories/peripherals are not
included with the Product in the original packaging from the original
equipment manufacturer.
C. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE FOR
DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE
PRODUCT OR ANY REPLACEMENT PRODUCT PROVIDED
HEREUNDER, FOR ANY LOSS OF USE, LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR
SAVINGS OR OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES
ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT,
TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
X. GENERAL PROVISIONS:
A. This Service Contract sets forth our responsibilities regarding
the Product. Repair or replacement of the Product, as described
herein, is your exclusive remedy. THIS DOCUMENT IS NOT A
WARRANTY OR INSURANCE.
B. Obligations of Verizon Wireless under this Service Contract are
backed by the full faith and credit of Verizon Wireless.
XI. OTHER RIGHTS:
This Service Contract gives you specific legal rights. You may have
additional rights that vary from state to state.
HOW DO I RESOLVE DISPUTES WITH VERIZON?
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE’S
AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION
OUTLINES WHAT’S EXPECTED OF BOTH OF US.
YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES
ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU
UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING
UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT
OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT,
AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES
AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS
AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN
AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD
THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT.
EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT
IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT
OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU
RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH
PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE
WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY
ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN
ARBITRATION ASSOCIATION (“AAA) OR BETTER BUSINESS
BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY
HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL
GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY
CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT
TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE
STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE
ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR
BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA’S
CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS
OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM
CAN CHOOSE EITHER THE AAA’S CONSUMER ARBITRATION
RULES OR THE BBB’S RULES FOR BINDING ARBITRATION
OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES
AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG),
THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF
$10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE
THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS
SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON
OR BY PHONE.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE
ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES
OR RULES WOULD. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, THE ARBITRATOR
MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND
ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO
CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL THEORIES OF LIABILITY OR PRAYERS FOR
RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD
UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE
ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH
SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS
AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST
NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT
LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION.
NOTICE TO VERIZON SHOULD BE SENT TO VERIZON WIRELESS
DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY
VC54S092C, BASKING RIDGE, NJ 07920. THE NOTICE MUST
DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING
SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN
30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM
FOR ARBITRATION. WE’LL REIMBURSE ANY FILING FEE THAT
18
THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE
DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE
THAT YOU CANNOT PAY THE FILING FEE, VERIZON WILL PAY
THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION
PROCEEDS, WE’LL ALSO PAY ANY ADMINISTRATIVE AND
ARBITRATOR FEES CHARGED LATER.
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING
IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS
ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY’S
RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION
PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE
WILL ASSIGN AN EMPLOYEE WHO’S NOT DIRECTLY INVOLVED
IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT.
THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A
MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS
ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID
IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION
OR LAWSUIT. IF YOU’D LIKE TO KNOW MORE, PLEASE CONTACT
US AT VERIZONWIRELESS.COM OR THROUGH CUSTOMER
SERVICE. IF YOU’D LIKE TO START THE MEDIATION PROCESS,
PLEASE GO TO VERIZONWIRELESS.COM OR CALL CUSTOMER
SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND
MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS
ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN
SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION
HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER
MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE
ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON’T
ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN
AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS
THAN $5,000, OR IF WE DON’T MAKE YOU AN OFFER, AND THE
ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS
THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD
OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE
TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES,
REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR
CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000,
THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT
APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY
OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS
ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT
BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN
THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT
DISPUTE OR PART OF THE DISPUTE.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER
THAN THROUGH ARBITRATION, YOU AND VERIZON AGREE
THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON
UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN
ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE
EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO
SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
XII. STATE SPECIFIC PROVISIONS
A. For residents of California, if you cancel this Service Contract thirty
(30) days after receipt of this Service Contract, and no claim has
been made hereunder you will receive a full refund of any amounts
paid for it. If we fail to provide you with a refund within thirty (30)
days of you notifying Verizon Wireless that you wish to cancel you
are entitled to receive an extra ten percent (10%) for each month,
or fraction thereof, in which your money is not refunded.
B. For residents of Connecticut, you may file a claim with Liberty
Mutual Insurance Company, 175 Berkeley Street, Boston,
Massachusetts 02116 directly if Verizon Wireless fails to
perform according to the terms hereof. The second Section VIII.
is deleted and replaced with the following: “You may terminate
this Service Contract at any time for any reason by visiting any
Verizon Wireless operated retail location, calling (866) 406-5154
(toll free from a landline phone), or by visiting the MyVerizon
page at verizonwireless.com and requesting cancellation.” Any
disputes between Verizon Wireless and residents of Connecticut
arising under this Service Contract shall be decided by an
arbitration process. A written complaint containing a description
of the dispute, the purchase price, and a copy of the Service
Contract form can be mailed to: State of Connecticut, Insurance
Department, P.O. Box 816,Hartford, CT 06142- 0816, Attn.:
Consumer Affairs.
C. For residents of Georgia, this Service Contract can only be
terminated by Verizon Wireless before the expiration of the monthly
term for fraud, material misrepresentation or your failure to pay
amounts due hereunder. You may file a claim with Liberty Mutual
Insurance Company, 175 Berkeley Street, Boston, Massachusetts
02116, directly if Verizon Wireless does not honor your claim
within sixty (60) days after you filed your proof of loss. All
cancellations will conform to OCGA 33-24-44. Section XI. of this
Service Contract does not preclude you from bringing issues to
the attention of federal, state, or local agencies or entities of your
dispute. Such agencies or entities may be able to seek relief on
your behalf.
D. For residents of Kentucky, you may file a claim with Liberty Mutual
Insurance Company, 175 Berkeley Street, Boston, Massachusetts
02116, directly if Verizon Wireless does not honor your claim within
sixty (60) days after you filed your proof of loss.
E. For residents of Nevada, Verizon Wireless may not terminate
this Service Contract before the expiration of the monthly term,
if the Service Contract has been in effect for seventy (70) days,
except if you: (1) fail to pay an amount when due; (2) commit
fraud or make a material misrepresentation in obtaining this
Service Contract, or in presenting a claim; or (3) perform any
act or omission or violate any condition of this Service Contract
after its effective date that substantially and materially increases
the service required under this Service Contract. If we fail to
pay the cancellation refund as stated in Section VIII., the penalty
will be ten percent (10%) of the purchase price for each thirty
(30) day period or portion thereof that the refund and any
accrued penalties remain unpaid. In the event you do not receive
satisfaction under this Service Contract, complaints or questions
about this Service Contract may be directed to the Nevada
Department of Insurance, telephone (888) 872-3234.
F. For residents of New Hampshire: In the event you do not receive
satisfaction under this contract, you may contact the New
Hampshire Insurance Department at 21 South Fruit Street,
Suite 14, Concord, New Hampshire 03301 or (603) 271-2261.
Section XI. of this Service Contract is subject to Revised Statutes
Annotated 542.
G. For residents of New Mexico, Verizon Wireless may not terminate
this Service Contract before the expiration of the monthly term,
if the Service Contract has been in effect for seventy (70) days,
except if you: (1) fail to pay an amount when due; (2) commit fraud
or make a material misrepresentation in obtaining this Service
Contract, or in presenting a claim; (3) are convicted of a crime that
results in an increase in the service required under this Service
Contract; or (4) perform any act or omission or violate any condition
of this Service Contract that substantially and materially increases
the service required under this Service Contract.
H. For residents of New York, notwithstanding Section V. of this
Service Contract, Verizon Wireless does not provide any repair or
replacement services in its stores in New York City, New York. If you
have any questions about repair or replacement services, contact
Verizon Wireless at (866) 406-5154 (toll free from a landline phone).
I. For residents of North Carolina, Verizon Wireless may terminate
this Service Contract before the expiration of the monthly term
only if you fail to pay an amount when due or you violate any
19
term of this Service Contract. The purchase of this Service
Contract is not required either to purchase or to obtain financing
for the Product.
J. For residents of Oregon, Section XI. is replaced with the
following: IN THE EVENT WE CANNOT RESOLVE ANY
DISPUTE, YOU AND WE MAY, IN A SEPARATE AGREEMENT,
CONSENT TO ARBITRATION. YOU AND VERIZON WIRELESS
UNCONDITIONALLY WAIVE ANY RIGHT TO CLASS ACTIONS,
CLASS OR COLLECTIVE ARBITRATIONS AND A TRIAL BY JURY
IN ANY RELATED ACTION OR PROCEEDING. Any arbitration
proceedings shall be conducted within the state of Oregon.
ANY ARBITRATION OCCURRING UNDER THIS SERVICE
CONTRACT SHALL BE ADMINISTERED IN ACCORDANCE WITH
THE AAA RULES UNLESS ANY PROCEDURAL REQUIREMENT
OF THE AAA RULES IS INCONSISTENT WITH THE OREGON
UNIFORM ARBITRATION ACT IN WHICH CASE THE OREGON
UNIFORM ARBITRATION ACT SHALL CONTROL AS TO SUCH
PROCEDURAL REQUIREMENT.
K. For residents of South Carolina, in the event of a dispute with us,
you may contact the South Carolina Department of Insurance,
Capital Center, 1201 Main Street, Suite 1000, Columbia, SC 29201
800-768-3467.
L. For residents of Texas, if you cancel this Service Contract at
any time Verizon Wireless will provide you with the refund due
under this Service Contract no later than forty-five (45) days
after you notify Verizon Wireless that you wish to cancel. If
Verizon Wireless does not refund your money during this time
period, you are entitled to receive the refund due, plus an extra
ten percent (10%) for each month in which your money is not
refunded. Unresolved complaints or questions concerning this
Service Contract may be addressed to the Texas Department of
Licensing and Regulation at P.O. Box 12157, Austin, Texas 78711
or (512) 463-6599.
M. For residents of Virginia, if any promise made in the contract has
been denied or has not been honored within 60 days after your
request, you may contact the Virginia Department of Agriculture
and Consumer Services, Office of Charitable and Regulatory
Programs at www.vdacs.virginia.gov/food-extended-service-
contract-providers.shtml to file a complaint.
N. For residents of Wisconsin, this Service Contract may only
be terminated by Verizon Wireless before the expiration of
the monthly term for nonpayment by you of any amount due
hereunder, material misrepresentation by you, or a substantial
breach of duties by you. In the event of a total loss of the
Product that is not covered by a replacement under this
Service Contract, you may cancel this Service Contract and
you will receive a prorated refund of the most recent monthly
fee paid. By agreeing to Section XI., YOU AND VERIZON
WIRELESS BOTH AGREE TO RESOLVE SERVICE CONTRACT
DISPUTES ONLY BY ARBITRATION OR SMALL CLAIMS COURT,
AND UNCONDITIONALLY WAIVE ANY RIGHT TO CLASS
OR COLLECTIVE ARBITRATIONS AND A TRIAL BY JURY
IN ANY RELATED ACTION OR PROCEEDING. PLEASE SEE
SECTION X.B. FOR OTHER IMPORTANT TERMS REGARDING
ARBITRATION AFFECTING YOUR RIGHTS. THIS CONTRACT IS
SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE
COMMISSIONER OF INSURANCE. The first sentence of Section
XI.(1) is deleted in its entirety.
O. For residents of Wyoming, Section XI. of this Service Contract
is replaced with the following: IF THERE ARE DISPUTES
BETWEEN YOU AND US THAT ARE NOT RESOLVED BY
NEGOTIATIONS, YOU AND WE MAY IN A SEPARATE WRITTEN
AGREEMENT VOLUNTARILY CONSENT TO ARBITRATION. ANY
ARBITRATION PROCEEDINGS SHALL BE CONDUCTED WITHIN
THE STATE OF WYOMING.
SELLER:
The Provider of this contract who is financially and legally obligated to
perform service is
Verizon Wireless Services, LLC (In Virginia, Verizon Communications, Inc.)
One Verizon Way
Basking Ridge, NJ 07920
1.866.406.5154
©2019 Asurion, LLC. All rights reserved.
ASVZW-9095-19 MKT60329