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Version: March 8, 2022
These Repair Terms of Service (the “Agreement”) apply generally to all repair services (the “Services”) and govern your use of the Services and Website (as defined below). UBIF Franchising Co., a Florida corporation (“Company”) has developed a comprehensive system for the operation of stores and specially equipped mobile units under the trade names uBreakiFix®, uBreakiFix® by Asurion and Asurion Tech Repair & Solutions™ that principally offer and sell the Services and other ancillary products and accessories (the “System”). Stores that operate under the System are owned and operated both by our affiliates and independent franchise owners (together “System Operators”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR, AND THIS AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
1. Definitions: In this Agreement: (a) the words "Our" and "Us" and “We” mean the Company and its respective parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns, and, for the purposes of all Sections of this Agreement except Sections 14 , 21, and 23, shall also include its System Operators; and (b) the words "You" and "Your" and “Yourself” mean a person or business who uses the Services and any person or entity represented by that individual; (c) the term “Service Authorization & Estimate” means the receipt that You are provided and agree to prior to the commencement of Services, which describes the Services to be performed and the estimated costs; (d) the word “Device” means the eligible device, as defined in this Agreement, identified on the Service Authorization & Estimate on which You authorize Us to perform the Services; and (e) the word “Website” means https://www.asurion.com/; https://www.asuriontechrepair.com; and https://www.ubreakifix.com/.
3. Representations: When seeking the Services, You represent to Us that You are the owner and/or have the authority to consent to an inspection and repair of the Device. We reserve the right to refuse to provide You with the Services if We determine that You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to Us that any information or data disclosed to Us is not confidential or proprietary to You or any third party.
4. Authorizations: You authorize Us to perform the Services, including but not limited to repairs, technical support, in-home services, and other services as provided by participating stores, described in the Service Authorization & Estimate, subject to this Agreement. When seeking certain Services, You (a) expressly consent to inspection and repair of the Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible.
5. Scope of the Services: The Services include repair of Your Device and, if applicable, the operating systems and software applications either thereon or intended to be used thereon, and may include technical support services related to either the repair of Your Device or the optimization of Your usage of Your Device. Services may also include technology recycling that may be subject to separate terms and conditions. You acknowledge that in performing the Services, We may use new, rebuilt, reconditioned or refurbished parts or components, and original or non-original parts. The Services are not provided as part of the original manufacturer’s warranty. If Your Device is under any applicable manufacturer’s or other warranty, You acknowledge that the Services may void the manufacturer’s warranty.
6. Availability of the Services. The Services are available for all eligible Devices during the operating hours of the stores and/or service centers in the System, as determined by System Operators. Where applicable, an individual seeking to use the Services on behalf of Your company may be required to provide identifying information including whether the individual is an owner, member, partner, director, manager, employee, or agent of Your company. Eligible Service Locations: When You schedule onsite or in-home Services, eligibility is subject to participating stores, the availability of the onsite or in-home Services in Your geographic location, and/or subject to the eligibility requirements set forth in this Agreement. We reserve the right to cancel or refuse Services as necessary, including if We determine the Service location is cost prohibitive for Our Service technicians to travel to in order to perform the Services.
7. Eligibility For Services. Eligible devices may include, without limitation, cellular phones, laptops, tablets, gaming devices, televisions, printers, smart home products, and any other devices as determined by Us in Our sole discretion. Service eligibility and initiation of the Services is subject to: (a) a visual and physical inspection of the device to Service; (b) confirmation that the device is eligible, accessible and serviceable subject to Our service eligibility criteria which is determined at Our sole discretion; and/or (c) confirmation that no modifications to the device exist that would make the device ineligible or unsafe for the performance of Services. Subject to Our sole discretion, We determine eligibility for onsite and in-home Services during the scheduling process, and confirm eligibility in accordance with the requirements of this Agreement at the designated Service location.
8. Back Up: You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting or otherwise protecting Your data from unauthorized use. We are not responsible for any loss, alteration or corruption of any hardware, software, data or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files, data or programs. We will not treat data on Your Device as confidential and We disclaim any agreement with You or other obligation to do so.
9. Abandonment: We will contact You when the Services have been completed and Your Device is ready for pick up. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than sixty (60) days, or other longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property in Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.
10. Replacement Devices: Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen or damaged while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be new or refurbished.
11. Limited Warranty: The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of one (1) year from the date the Services are completed (the “Limited Warranty”), subject to the provisions and exclusions set forth herein.
A. Limited Warranty Exclusions: This Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, regardless of whether the Services attempted to repair such damage or exposure. This Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer’s intended use, battery leakage or damage resulting from battery leakage. Furthermore, this Limited Warranty does not cover defects resulting from any action by You, including but not limited to mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification. This Limited Warranty does not apply if Your Device shows evidence of tampering or shows evidence of being damaged as a result of excessive corrosion, electrical current, heat, moisture or vibration, or as a result of improper specification, misapplication or other operating conditions outside of Our control. This Limited Warranty covers the following software Services only: factory restores, backups, jailbreaks, and unlocks. This Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us. This Limited Warranty is non-transferable and does not apply to Devices on which the serial number has been altered, defaced or is missing.
B. Ownership of Repaired or Replaced Parts and Devices: Unless otherwise required by law, all replaced Devices, parts, components, boards and equipment will become Our property, and You waive all rights you may have under state or other laws to the replaced Device or repaired or replaced parts.
C. Limited Warranty Procedure: If Your repaired or replacement Device malfunctions within the one (1) year Limited Warranty term, it must be returned to a store or service center within the System for evaluation by Us, and You will be responsible for any applicable shipping costs. If, upon Our examination, We determine at Our sole discretion that the parts or repairs used to perform the Services were defective, or in the case of a replacement Device, that the replacement Device is defective, it will be repaired at no charge.
D. No-Lemon Policy: For replacement Devices only, if we have performed three (3) covered repairs on your replacement Device pursuant to this Limited Warranty, and it requires a fourth (4th) repair within the one (1) year Limited Warranty term, we will replace the Device with a subsequent replacement Device of like kind and quality, which may be new or refurbished in Our sole discretion. In the event we provide a subsequent replacement Device, it will be warranted under this Limited Warranty for the remainder of the original one (1) year Limited Warranty term only.
12. DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY US IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
13. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Modification: We reserve the right to modify this Agreement, and, where applicable, Your continued use of the Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.
15. Severability & Waiver: You and We agree that if any term of this Agreement is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.
16. Meta - Data: You understand and agree that We may collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Us to enhance and improve this process, may be shared with Our affiliates, and will not be distributed further without your consent. Data types that may be collected from Your Device include: Device phone number, Device model number, Device IMEI, Device serial number, downloaded applications & their respective settings and host applications & their respective settings.
17. Arbitration Agreement. Most of Your concerns about the Services can be addressed by contacting Us at TERMSOFUSE@ASURION.COM. For any dispute with Us, You agree to first contact Us and attempt to resolve the dispute with Us informally.
A. YOU AND WE AGREE TO RESOLVE ANY DISPUTES THROUGH 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 ALL RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS. This Arbitration Agreement ("ARB") shall survive the termination of the Agreement and is governed by the Federal Arbitration Act. This ARB shall be interpreted broadly, and it includes any dispute You have with Us that arises out of or relates in any way to Your relationship with Us or the Services, whether based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this ARB does not preclude You from bringing an individual action against Us in small claims court or from informing any federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your behalf.
B. To initiate arbitration, send a written Notice of Claim by certified mail to: UBIF Franchising Co., 2121 S. Hiawassee Rd., Suite 120, Orlando, FL 32835, ATTN: Legal Department. The Notice must describe the dispute and the relief sought. If We do not resolve the dispute within 60 days of receipt of the Notice, You may start an arbitration with the American Arbitration Association ("AAA"). You may contact the AAA and obtain a free copy of the rules and forms necessary to start an arbitration proceeding at www.adr.org or 1-800-778-7879. We will reimburse You for a filing fee paid to the AAA, and if You are unable to pay a filing fee, We will pay it if You send a written request by certified mail to the Legal Department at the address provided above.
C. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("Rules") in effect at the time the arbitration is started and as modified by this ARB AGREE. The arbitrator is bound by the terms of this ARB and shall decide all issues, with the exception that issues relating to the enforceability of this ARB may be decided by a court. If Your dispute is for $10,000 or less, You may conduct the arbitration by submitting documents to the arbitrator or by telephone. If Your dispute is for more than $10,000, Your right to hearings will be determined by the Rules. Unless otherwise agreed, any hearings will take place in the county/parish of Your mailing address. We will pay all filing, administration and arbitrator fees for any arbitration, 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 Rules govern payment of such fees.
D. The arbitrator shall issue a decision including the facts and law upon which his/her 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 award or $2,500, whichever is greater; and (2) pay Your attorney, if any, the attorney's fees and expenses reasonably incurred in the arbitration. 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. We hereby waive any right We may have under applicable law to recover attorney’s fees and expenses from You if it prevails in the arbitration.
E. If You seek declaratory or injunctive relief, that relief can be awarded only to the extent necessary to provide You relief. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate Your dispute with the dispute of any other person and may not preside over any form of representative or class proceeding. If this specific provision of this ARB is found to be unenforceable, then the entirety of this ARB is null and void.
18. Class Action Waiver: In furtherance of Section 17A of this Agreement, any Claim arising out of or post cancelation or termination of this Agreement must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, class arbitration, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action. Nor shall the arbitrator have authority to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only in a court of competent jurisdiction and not by an arbitrator. The parties agree that this Section 18 shall expressly survive cancelation or termination of the Agreement. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. If this specific provision of this Section 18 is found to be unenforceable, then the entirety of this Section 18 and the ARB is null and void.
19. Claim Limitation. 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 one (1) year period results in the claim being forever waived and barred.
21. Intellectual Property Rights. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Services are Our exclusive property, and all such rights not expressly granted to You in this Agreement are hereby reserved and retained by Us. If You submit comments or ideas about the Services, including ways to improve the Services or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Idea without compensation to You and/or to disclose the Idea to anyone on a non-confidential basis. You further acknowledge that We do not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You.
22. Indemnification. You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the Services; (b) Your alleged or actual breach of this Agreement; (c) Your alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or willful misconduct; or (e) Your alleged or actual violation of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
23. Assignment. This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Us, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
24. Entire Agreement & Governing Law. This Agreement and the documents incorporated by reference constitute Our entire agreement with respect to the Services and supersede any prior or contemporaneous agreements. This Agreement and Your relationship with Us shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
25. Misuse. You shall not misuse the Services or Website, including, without limitation, using the Services or Website in any manner that: (a) interferes with or interrupts the Services or Website or any hardware, software, system or network connected with the Services or Website; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another’s privacy rights; (c) uses the Services or Website on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or Website or any other computer software or hardware; (f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Website; or (g) uses any robot, spider, or other automatic device, process, or means to use the Services or Website.
26. Services Exclusions. Technical support Services may have limitations and exclusions including but not limited to (a) assistance with third-party software or services that are not related to Your Device; (b) installation of third-party software or OEM drivers not supported by Your Device; (c) assistance with network coverage issues, such as dropped calls/data interruptions; (d) over-the-air updates to operating systems, firmware, or some software; (e) diagnostic support not related to Your Device; (f) modification of Original Equipment Manufacturer ("OEM") software; (g) hardware and equipment setup and repair; (h) installation of non-sanctioned applications; or (i) assistance with enterprise level software industry specific hardware or equipment.
27. Commercially Reasonable Efforts & Technical Problems. We will use commercially reasonable efforts to provide You with the Services and Website. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have the right, at Our sole discretion, to refuse to take any further steps to resolve the issue related to Your Device. 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 the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.
The Asurion®, Asurion Tech Repair & Solutions™ and uBreakiFix® trademarks and logos are the property of Asurion, LLC and its affiliates. All rights reserved. All other trademarks are the property of their respective owners. Appearance of such trademarks is not an indication of affiliation, sponsorship or endorsement by, any of the respective owners of the other trademarks, service marks and/or product brands that appear on the website.
Effective Date: March 22, 2022.
MODIFICATIONS. We reserve the right to modify this Site and update the rules and regulations governing its use, at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the “Last Updated” date at the top of this web page will be revised. All modifications are effective immediately when We post them and apply to all access to and use of the Site there. You understand and agree that if You use this Site after the date on which the Terms have changed, We will treat Your use as acceptance of the updated Terms. We may make changes in the products and/or services described in this Site at any time. You are expected to check this page from time to time so You aware of any changes, as they are binding on You.
ACCESS TO SITE. We reserve the right to withdraw or amend the materials contained on or displayed on the Site including the operation and offering of Site itself in Our sole discretion without notice. Your account may give You access to certain portions of the Site and functionality that We may establish and maintain from time to time and in Our sole discretion. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason including if in Our opinion You have violated any of these Terms. You are responsible for making all of the arrangements necessary for You to have access to the Site. You are responsible for ensuring that all persons who access the Site through Your internet connection are aware of these Terms and comply with them.
CONNECTION REQUIREMENTS. You are responsible for providing and maintaining, at Your own risk, option and expense, any hardware, software and communication lines required to access and use the Site, and We reserve the right to change the access configuration of the Site at any time without prior notice.
SECURITY. You are responsible for any activity that occurs through Your account and You agree You will not sell, transfer, license or assign Your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, We prohibit the creation of and You agree that You will not create an account for anyone other than Yourself. If You are using the Site on behalf of a legal entity, You represent that You are authorized to enter into and agree to these Terms on behalf of that legal entity. We reserve the right to take any action that We deem necessary to ensure the security of the Sites and Your Account, including without limitation changing Your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. You are solely responsible for keeping Your Account Data and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your Account Data or the security questions and responses associated with Your Account can use that information to gain access to Your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your Account Data and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by Us and Our service providers, of any information and data related to or derived from Your use of the Site.
NO WARRANTIES. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS AND WE EXPRESLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR MALWARE. USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
DISCLAIMER: Certain products and services described on the Site may not be available to all users. Content and other information contained on the Site has been prepared as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing quality information and material, but make no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Site. You must rely on information from the Site at Your own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should You purchase a product or service from Us or a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and Your use of the Site does not affect that purchase in any manner. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
TRADEMARKS. All trademarks, service marks and logos that are used or displayed on the Sites are owned by Us or by third parties and are the property of their respective owners. We own various trademarks, service marks and logos that may be used on the Site. You must obtain Our written permission prior to using any trademark or service mark of Ours. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, Our custom icons, graphics, logos and scripting on the Site are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without Our prior written permission.
Additionally, You agree not to:
USER CONTRIBUTIONS. The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
Any User Contribution You post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to Your account settings, as applicable.
You represent and warrant that:
MONITORING, ENFORCEMENT AND TERMINATION. We neither actively monitor general use of the Site under normal circumstances nor exercise editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Site. However, We reserve the right to:
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
However, We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
WEBSITE CONTENT & COPYRIGHT. This Site and the content contained on this Site is protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the Site or individual sections of the content, design or layout of the Site or Our trademarks or logos without Our written permission. The layout, compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are Our exclusive property (the “Content”). We reserve all of Our rights in the Site and its Content. You may download information from the Site and print out a hard copy for Your personal use provided that You keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. We do not warrant or represent that Your use of content, products and services, or any other materials displayed on the Site will not infringe rights of third parties.
COPYRIGHT INFRINGEMENT NOTIFICATION. We have a policy of removing data or Content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with us, You will need to send a written communication to Our Designated Agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct any such notice to UBIF Franchising Co., 2121 S. Hiawassee Rd., Suite 120, Orlando, FL 32835, ATTN: Legal Department or contact by email at DMCAnotification@asurion.com. The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
RELIANCE ON INFORMATION POSTED. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinion. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES. You may link to Our Site, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.
This Site may provide certain social media features that enable You to:
You may use these features solely as they are provided by Us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:
You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in Our discretion.
INDEMNITY. You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners, contractors, and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, litigation expenses and reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Site, Your use of any information obtained from the Site, Your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms, Your violation of these Terms, or Your violation of any law or any rights of another. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in Our defense of such matter. This indemnification shall survive any termination of these Terms.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITES (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; AND (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US AND OUR AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to You to the extent prohibited by law. In such cases, Our liability will be limited to the fullest extent permitted by applicable law.
FEEDBACK. This website is operated by UBIF Franchising Co. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: UBIF Franchising Co., 2121 S. Hiawassee Rd., Suite 120, Orlando, FL 32835, ATTN: Legal Department.