Please read these Terms of Use carefully before using the
mydeviceprotect.com website, or any associated mobile application
("Site"). If You do not agree with any part of these Terms of Use,
You must not use the Site. Your continued use of the Site will
constitute Your acceptance of these Terms of Use, as may be
modified by Us at any time without notice to You. Please check this
page regularly for updates.
By accessing and using the Site, You agree to be bound by these
Terms of Use without limitation or qualification. The products
and/or services on the Site are offered by American Bankers
Insurance Company of Florida*, American Security Insurance Company,
American Reliable Insurance Company of Florida, Caribbean American
Property Insurance Company**, Assurant Services of Puerto Rico
Inc.**, Federal Warranty Service Corporation, Sureway, Inc.,
Assurant Service Protection, Inc. and United Service Protection,
Inc., each located at 676 E. Swedesford Rd., Ste 300, Wayne, PA
19087, and all subsidiaries, affiliates and agents (collectively
"We" "Our" or "Us").These companies operate under the trade name,
"Assurant."
* The principal place of business for American Bankers Insurance
Company of Florida is 11222 Quail Roost Drive, Miami, FL 33157;
Domicile (FL); NAIC # 10111; authorized to write in Washington,
D.C. and all states in the United States.
** The principal place of business for Caribbean American
Property Insurance Company and Assurant Services of Puerto Rico
Inc. is Plaza Scotiabank, Suite 1300 Ave. 273 Ponce De León San
Juan, PR 00917-1838.
Permitted Use
All of the content in the Site is made available only for Your
personal, lawful, non-commercial use in connection with seeking
insurance, extended service contracts and/or other products and
services offered by Us. Use of the Site by a competitor company or
other non-consumer third party is prohibited.
Except as expressly mandated by law, You may not, without Our
prior written permission: (i) link from another website to the
Site; (ii) post, transmit, copy, modify, create derivative works
from, distribute, sell, or republish anything You obtain or
download from the Site; (iii) engage in systematic retrieval of
data or other content from the Site; (iv) assign or transfer any
rights granted by these Terms of Use; or (v) access, or attempt to
access, the Site through any automated means (including use of
scripts, crawlers, or similar technologies).
Our Products and Services
The information and material provided on the Site is intended
for general reference only, and may not describe all of the terms,
conditions, and exceptions applicable to the products and services
offered by Us on this Site. All coverages are subject to the terms
and conditions of the insurance policies, extended service
contracts and/or other products and services offered by Us.
Coverages and the terms and conditions of the insurance policies,
extended service contracts and/or other products and services
offered by Us may vary by state or country and Your individual
circumstances, and additional minimum coverage limits may be
required in Your state or country. The products and services
offered on the Site are only available in the jurisdictions in
which We are properly licensed.
Your request to purchase a product or service represents an
offer by You and will be subject to the terms and conditions of
that product or service that We may accept or reject. After You
make a request through the Site to purchase the product or service,
then assuming such product or service is available to You and Your
offer is accepted, You will receive confirmation of Your
purchase.
You must ensure that the details You give to Us while using this
Site are correct and that there are sufficient funds to cover the
cost of the product or service. In the case of requesting an
automatic renewal, the credit or debit card You are using must be
Yours, or You affirm through the completion of any transaction that
You have the authority by the accountholder to use the credit or
debit card.
Although the term "extended service contract" and "extended
warranty" are commonly used interchangeably, an extended service
contract is not a warranty. A warranty is provided by a
manufacturer and is included in the purchase price of the product.
An extended service contract covers repair costs for specific
components but is not an extension of the manufacturer's warranty.
Please see terms and conditions for full details of coverage,
limitations and exclusions.
Third-party Sites
We may provide links to other websites that are not under Our
control and which We do not maintain. These links are provided for
Your convenience. When You activate these links, You will leave the
Site. We do not endorse or take responsibility for the content on
third party websites or the availability of those websites and We
are not liable for any loss or damage that You may suffer by using
those websites. If You decide to access linked websites, You do so
at Your own risk. We do not verify nor make any warranty or
representation about the content, accuracy, opinions expressed,
warranties, products or services, intellectual property compliance,
or links of such third-party site. You should read the terms of use
and privacy policies on all third-party websites.
Some products or services may be made available on the Site by
third-parties not affiliated with Us. You agree that if You use or
install any product or service provided by a third party, You will
seek redress from that third party if its product or service causes
any loss or damage to You. We are not responsible for any product
or service that is used or downloaded from a source other than Us.
You further agree that any downloading, accessing, or using of
third-party products or services is performed at Your own risk.
Availability of Site
While We have taken care in the preparation of the Site, and We
use reasonable efforts to include accurate and current information
on the Site, certain technical matters may be beyond Our control
and We cannot guarantee that You will have uninterrupted or error
free access to all of the Site at all times, that defects will be
remedied, or that the Site, or the server that makes the Site
available, are virus or bug free. Access may be suspended
occasionally or restricted to allow for repair or maintenance or
for the introduction of new services. You agree that We may stop
(permanently or temporarily) providing the Site (or any features
within the Site) to You anytime for any breach of these Terms of
Use, or at Our sole discretion, without prior notice to You. You
acknowledge that We may, at any time and in Our sole discretion,
change the requirements (type of Internet access, hardware,
software) to use the Site, and any products and services available
on the Site.
Copyrights and Trademarks
Except as otherwise indicated, all materials on the Site,
including without limitation the logos, names, copyrights and
trademarks on the Site are proprietary marks of Assurant, Inc.
or the images are used by Us with permission of the copyright
owner. Note that We may not own a copyright to material displayed
on a third-party sites that Our Site links to. You must always seek
permission from a site owner before copying any materials from
them.
Unless otherwise agreed in writing, nothing on the Site shall be
deemed to confer on any person any license or right to use any such
image, logo, name, trademark or any other intellectual property and
any such will constitute an infringement of the rights of the
holder.
Privacy and Passwords
We value and protect the privacy of Your information. Through
Your use of the Site You agree that any information that We collect
from You when using Our Site, including cookie files, will be dealt
with in accordance with Our Online Privacy Policy. We may change Our Online Privacy Policy from time to time,
without notice to You.
Any foreign operations of Assurant, Inc. companies, or those
Assurant, Inc. companies that are domiciled and operate outside the
United States may be subject to different privacy requirements. You
should refer to the privacy policy of that particular company when
visiting its website or the website of its foreign operations.
Some portions of the Site may be protected and require a user
identification code ("User ID") and password for access.
Unauthorized access or use of such portions of the Site is
prohibited. To obtain access to certain online services, You are
given the opportunity to register with Us. You are responsible for
maintaining the confidentiality of Your details and Your password
and for restricting access to Your computer to prevent unauthorized
access to Your account. You accept responsibility for activities
that occur under Your account and You should take all steps to
ensure Your password is kept confidential. You agree to inform Us
immediately if You have reason to believe Your password is being
used in an unauthorized manner. For Your protection, if We believe
that any unauthorized access may occur or has occurred, We may
terminate such access without prior notice to You. You also agree
that We are permitted to act upon any instructions received using
Your User ID and password and to consider such instructions as
authorized by You.
You must not use the Site in any way that causes or is likely to
cause access to be interrupted, or impaired in any way and You
acknowledge and agree that You are responsible for electronic
communications sent from Your computer.
Credit/Debit Card Transactions
We may retain the credit/debit card details You provide to Us
after payment has been made if You provide Us with consent, if
required by Our payment processor or otherwise required by law. We
do not maintain any security code that You may have given to Us in
order to complete the initial purchase. This assists in reducing
credit/debit card fraud. Except in exceptional circumstances, any
refund We provide to You for any product or service You have
purchased by credit/debit card is made back to the credit/debit
card account used to make the initial purchase.
Indemnification
To the extent permitted by law, You agree to defend, hold
harmless and indemnify Us, Our affiliates and their respective
directors, officers, employees and agents from and against any and
all claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses (including
reasonable attorneys' fees) arising out of or accruing from Your
use of the Site, any third-party site, or Your violation of these
Terms of Use.
Disclaimer
While We use all reasonable efforts to ensure that the
information contained on the Site is current, accurate and complete
at the date of publication, and We do Our best to correct errors
and omissions as soon as We can, all information, products,
services, content and other material on the Site, accessible from
the Site, or on a Third-party site are provided "as is" and without
warranties or representations of any kind, either express or
implied. This means that We expressly disclaim all warranties,
express or implied, including without limitation the warranties of
title and non-infringement and the implied warranties of
merchantability and fitness for a particular purpose. To the
maximum extent permitted by law, We accept no liability for any
direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages
arising from the use of the Site or any information contained
therein. Users should be aware that they use the Site and its
content at their own risk. If You are in a state or country that
does not allow a disclaimer of implied warranties, the above
disclaimer or a portion of it may not apply to You.
Content and information provided by third parties are published
on the Site as supplied to Us and We are not responsible for its
accuracy or timeliness. You must take appropriate steps to verify
this information before acting upon it.
Limitation of Liability
Access to and use of this Site is at the user's own risk. We
shall not be liable for any loss, damage, injury, or claim, nor any
special, indirect, incidental, consequential, exemplary or punitive
damages of any kind, whether such action is based in tort,
contract, negligence, strict liability, or other law, even if We
have been advised of the possibility of such damages. We shall not
be liable for any Third-party site, materials on any Third-party
site or the inability to use any Third-party site; and defect,
omission, error, interruption, delay, or computer virus; or the
unauthorized alteration of or access to Your transmissions or
personal data.
If You are in a state or country that does not allow the
limitation of liability for certain damages, the above limitation
of liability or a portion of it may not apply to You. However, You
agree in any event that Our total liability for all damages,
losses, injuries, or claims of any kind or nature shall be limited
to the amount You have paid to access the Site.
Monitoring of Telephone Calls and Emails
Telephone calls and email correspondence with Us as a result of
Your access to the Site may be recorded for training,
administrative and security purposes, and as otherwise permitted by
law. By using such communication methods You are consenting to such
activities taking place.
Emails and Data Protection
Please note that there is no guarantee that any e-mail sent to
this site will be received by Us or that the message will remain
confidential while being transmitted. Your email address and the
content of Your email may be shared with, or disclosed, to third
parties, who are necessary to address the content of Your email,
and as otherwise permitted by law. We may retain the content of the
form or email, the email address and Our response. This enables Us
to retain an audit trail of Our contact and provide You with the
product, service or information You may have requested.
Rating,Review and Comment Policy
We encourage You to submit ratings, reviews and comments about
Our products and services, provided they comply with Our Rating,
Review and Comment Policy, which is incorporated into these Terms
of Use.
You agree not to communicate any material that may be
considered, in Our sole discretion, sexually explicit,
pornographic, indecent, unlawful, harassing, vulgar, libelous,
defamatory, offensive, abusive, obscene, threatening, false, SPAM,
Malware or otherwise objectionable material. You must not
communicate any material that violates Our intellectual property
rights, or the intellectual property rights of any other party. You
may not also communicate information that relates to
self-promotional materials, political content or commercial
solicitations.
We are not responsible for any content submitted by You. You
acknowledge and agree that We may monitor content submitted by You;
delete, or refuse to post any content submitted by You without
notice; and use or disclose all content provided by You in any way
without prior notice or prior approval from You. You also agree
that We have no obligation to seek a license or compensate You for
use of any content submitted by You.
Children's Online Privacy
We do not knowingly collect personal information from anyone
under the age of 13. If You are under the age of 13, You must not
use the Site.
Severability
If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms of Use is invalid,
then that provision will be removed from these Terms of Use without
affecting the rest of these Terms of Use. The remaining provisions
of these Terms of Use will continue to be valid and
enforceable.
Jurisdiction and Enforceability
These Terms of Use and Your relationship with Us under these
Terms of Use shall be governed by the laws of the State of Georgia
without regard to its conflict of laws provision. You and Us agree
to submit to the exclusive jurisdiction of the United States
District Court for the Northern District of Georgia and the state
courts located within Cobb County, Georgia to resolve any legal
matter arising from these Terms of Use. Notwithstanding this, You
agree that We shall be allowed to apply for injunctive remedies (or
an equivalent type of urgent legal relief) in any jurisdiction.
You agree that if We do not exercise or enforce any legal right
or remedy which is contained in these Terms of Use (or which We
have the benefit of under any applicable law), this will not be
taken to be a formal waiver of Our rights and that those rights or
remedies will still be available to Us.
Entire Agreement
These Terms of Use state the entire agreement with regard to the
items discussed above.