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PROTECTCELL TERMS & CONDITIONS

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Your use of ProtectCELL products is based on the software license, if any, and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the terms and conditions that accompany the product at the time of purchase may differ from the version of the terms and conditions you can review here. Be certain to read the applicable terms carefully before you install the software or use the product.






ProtectCELL COMPLETE Terms & Conditions

Washington residents: Click here for ProtectCELL COMPLETE terms and conditions.
Texas residents Click here for ProtectCELL COMPLETE terms and conditions.
Florida residents Click here for ProtectCELL COMPLETE (MDSC) terms and conditions.

Form: PCC-MBR-03042014

  1. ProtectCELL COMPLETE – PLAN OVERVIEW
    1. ProtectCELL Complete (“Plan”) provides its members with certain benefits and privileges. With the purchase of a membership in the Plan (“Membership”), members are entitled to purchase discounts for certain wireless or technology related products and services and other benefits described below, subject to the conditions and limitations of these Terms and Conditions (“Terms”).
    2. Please read the Terms carefully. The Terms are between Digital Leash, LLC d/b/a ProtectCELL (“ProtectCELL”) and any purchaser of the Membership (“Member”), and establish and govern the respective rights and obligations of ProtectCELL and Member under the Plan. Upon the Member’s purchase of the Membership, the Member accepts and agrees to the Terms and shall be bound by all the Terms. No employee, agent or representative of ProtectCELL or any Authorized Dealer (as defined below) is authorized by ProtectCELL to make any statement, representation or warranty on behalf of ProtectCELL, the Plan or Membership, provide any other information to Member regarding ProtectCELL, the Plan or Membership not expressly contained in the Terms or waive any provision of the Terms. In the event of any conflict between the Terms and any other statement, information or representation made by ProtectCELL, any Authorized Dealer (as defined below) or any of their respective employees, agents or representatives, the Terms shall prevail.
  2. MEMBERSHIP REQUIREMENTS
    1. Membership is available for purchase by all individuals eighteen (18) years of age or older, subject to the Terms.
    2. Member must have purchased a wireless or technology related product or service (the “Member Device”) from an authorized dealer (“Authorized Dealer”).
    3. Membership Plans purchased after the date of purchase of the Member Device are subject to a 30-day waiting period for requests under Section B. 2).
    4. Member must not be in breach of any material term of, or have engaged in fraud with respect to, the Terms or ProtectCELL.
    5. ProtectCELL reserves the right to accept or reject any purchase of the Membership in the Plan in its sole discretion.
  3. PLAN BENEFITS
    1. During the term of the Membership (“Membership Term”), the Plan offers Member various purchase discount benefits or other value added services or products (“Discount Benefits”) summarized below in this Section. Any terms or conditions associated with Discount Benefits are available for review at www.protectcell.com.
      1. Purchase discounts on certain wireless or technology accessories offered by a participating Authorized Dealer from which Member purchased his/her Member Device. ProtectCELL may, in its sole discretion, from time to time and without prior notice to Member, add, remove or otherwise modify any of the Discount Benefits offered by the Authorized Dealer. Please see Authorized Dealer for more details and limitations.
      2. Access to ProtectCELL’s online Rewards Mall located at www.protectcellrewards.com (“ProtectCELL Rewards Mall”) offering purchase discounts on merchandise from national retailers, local retailers, restaurant chains among many others. ProtectCELL may, in its sole discretion, from time to time and without prior notice to Member, modify the Discount Benefits offered at the ProtectCELL Rewards Mall. Please visit ProtectCELL Rewards Mall for more details and limitations.
      3. Access to ProtectCELL's web applications, to include security applications or Discount Benefits hosted by ProtectCELL partners. Member agrees that ProtectCELL may, in its sole discretion and without prior notice to Member, share Member's enrollment information with partner companies for the purposes of delivering web-hosted applications.
      4. Access to other benefits that ProtectCELL may, in its sole discretion, offer as part of a bundle of value added services or products. Terms and conditions related to such other benefits (such as ProtectCELL BUYBACK Program) are available at www.protectcell.com.
    2. A Member who purchases the Member Device and Membership Plan may make a request to receive and use a ProtectCELL Certified wireless device or other related technology device (“ProtectCELL Device”) for up to 24 months for wireless cellphone devices and 36 months for tablet, netbook or computing devices in place of the Member Device subject to the following conditions (“ProtectCELL Device Benefits”, and together with Discount Benefits, “Plan Benefits”), subject to the following conditions:
      1. When Member Device and Member Plan are purchased together, on the same date of purchase from the same Authorized Dealer, a Member may file a request for ProtectCELL Device Benefits at any time, so long as the Membership Plan has not been cancelled, or a request for a return or refund has not been made.
      2. Members who purchase the Membership Plan any time after the date of purchase of the Member Device must wait 30 days from the Plan Purchase Date to request and receive a ProtectCELL Device under the Membership Plan.
      3. ProtectCELL will attempt to provide a ProtectCELL Device with similar style and features as the Member Device (of like kind and quality to the Member Device).
      4. If the ProtectCELL Device requires a battery charger that is different from the charger associated with the Member Device, ProtectCELL will provide such required charger with the ProtectCELL Device.
      5. ProtectCELL does not guarantee that the ProtectCELL Device will be the same color as the Member Device.
      6. For each request by Member of a ProtectCELL Device, ProtectCELL shall charge Member a administrative fee in the amount set forth in Schedule I in Section 17 below (the “Administrative Fee”); provided, that ProtectCELL reserves the right to charge Member a higher Administrative fee should the Member want a ProtectCELL Device with different features, functionalities or capabilities than the feature, functionalities or capabilities of the Member Device. ProtectCELL reserves the right to perform address or other verification procedures related to the form of payment being tendered by the Member to ensure proper delivery of the device and delivery of benefits under the Plan.
      7. Member is eligible to receive a ProtectCELL Device, if at the time of Member’s request of the ProtectCELL Device, the Member Device is not eligible for replacement, repair or maintenance service under the Member Device’s manufacturer’s warranty or an extended warranty or service contract. ProtectCELL reserves the right to return the device to Member if the device is covered under any other warranty and such warranty will provide the Member with a replacement device in exchange for their original device.
      8. ProtectCELL will deliver the ProtectCELL Device to Member at the last known address of Member in ProtectCELL’s records or the address provided to ProtectCELL by Member at the time of his/her request for the ProtectCELL Device. Should member request delivery to an address other than the last known address, ProtectCELL reserves the right to request proof of the new address or other address verification. ProtectCELL will deliver the Device using the method of its choice which typically results in Member receiving the ProtectCELL Device within two business days of his/her request. ProtectCELL reserves the right to offer to Member shipping options for ProtectCELL’s delivery of the ProtectCELL Device to Member, but such other shipping options may increase the cost to the Member to receive delivery of the ProtectCELL Device above the Administrative Fee set forth in Schedule I in Section 17 below. Should the Member desire delivery to a location other than the last known address of Member in ProtectCELL’s records, ProtectCELL reserves the right to perform necessary verification of the identity of the Member or require proof of a change in address.
      9. Member will accept receipt of the ProtectCELL Device when delivered to Member by ProtectCELL, unless ProtectCELL delivered such ProtectCELL Device to Member in error. If, for any reason, Member fails or refuses to accept receipt of the ProtectCELL Device when delivered to Member after Member’s request for the ProtectCELL Device, Member shall not be entitled to a refund of the Membership Fee (as defined below).
      10. Upon Member’s request for a ProtectCELL Device, permitted after the first 30 days of the Membership Term, Member shall be entitled, notwithstanding any cancellation of the Membership by Member pursuant to Section 9 below, upon receipt of the ProtectCELL Device, to use the ProtectCELL Device for up to 24 months for wireless cellphone devices and up to thirty-six (36) months for tablet, netbook or computing devices from the date of ProtectCELL's receipt of the Member’s request for the ProtectCELL Device (“ProtectCELL Device Period”).
      11. Upon delivery of the ProtectCELL Device to Member, ProtectCELL will provide to Member the applicable manufacturer’s instructions on the use of the ProtectCELL Device.
      12. Member will use the ProtectCELL Device in a careful and proper manner and in accordance with the manufacturer’s instructions and specifications and the service agreement between Member and the applicable wireless communications service provider.
      13. Member agrees that he/she will not:
        1. deface the ProtectCELL Device; or
        2. assign, rent, sublet, sell, attempt to dispose of, grant any interest in or otherwise transfer the ProtectCELL Device to any third party without first contacting ProtectCELL
          1. If the ProtectCELL Device is not in complete working order when Member receives delivery of the ProtectCELL Device or it subsequently malfunctions within 30 days of Member’s receipt of the ProtectCELL Device, Member shall promptly notify ProtectCELL by phone of such malfunction. ProtectCELL will provide a shipping tag to Member for Member to use to return the malfunctioning ProtectCELL device to ProtectCELL. Provided that Member is then in compliance with these Terms, ProtectCELL will provide another ProtectCELL Device to Member upon receiving notification that the shipping tag has been activated, and Member shall have the right to use the subsequently delivered ProtectCELL Device for the duration of the ProtectCELL Device Period. Member agrees to return to ProtectCELL the previously delivered ProtectCELL Device that has malfunctioned for inspection by ProtectCELL within seven (7) days after Member receipt of the subsequently delivered ProtectCELL Device.
          2. If the ProtectCELL Device malfunctions after 30 days of its receipt by Member, Member shall promptly notify ProtectCELL of such malfunction. Provided that Member is then in compliance with these Terms, ProtectCELL will provide another ProtectCELL Device to Member as soon as commercially reasonable after either (i) Member provides ProtectCELL with Member’s credit card number to hold for payment of a potential Fee of $100 for a standard device, $200 for a smart device, or $300 for a premiere device , or (ii) Member has shipped to ProtectCELL and ProtectCELL has received and inspected the malfunctioning ProtectCELL Device and determined that the previously delivered ProtectCELL Device does not have a defect, damage or malfunction caused by Member’s neglect or misuse of the previously delivered ProtectCELL Device. Member agrees to return to ProtectCELL the previously delivered ProtectCELL Device that has malfunctioned for inspection by ProtectCELL within 12 days after Member receipt of the subsequently delivered ProtectCELL Device. If Member provides ProtectCELL with Member’s credit card number to hold for payment of a potential Administrative Fee and Member fails to return the malfunctioning ProtectCELL Device to ProtectCELL within such 10-day period or, after ProtectCELL receives the malfunctioning ProtectCELL Device from Member, ProtectCELL determines that the malfunctioning ProtectCELL Device has a defect, damage or malfunction caused by Member’s neglect or misuse of the previously delivered ProtectCELL Device, ProtectCELL shall charge Member’s credit card for the applicable Administrative Fee in Schedule I in Section 17 below.
        3. During the ProtectCELL Device Period, the ProtectCELL Device shall be subject to the same terms, conditions and services provided by any applicable Communications Service Provider with respect to the Member Device under such Communications Service Provider’s wireless communications service agreement with Member.
      14. At the end of the ProtectCELL Device Period, ProtectCELL may contact Member regarding the procedures for returning the ProtectCELL Device to ProtectCELL for recycling. Upon receipt of the ProtectCELL Device by ProtectCELL, ProtectCELL will return the deposit portion of the Administrative Fee to the Member within 10 business days.
      15. The Member acquires the right to use the ProtectCELL Device during the ProtectCELL Device Period. During the Membership Term, Member shall not permit any person to perform any service to, or replace any parts of, the ProtectCELL Device, without prior written approval from ProtectCELL.
  4. MEMBERSHIP NUMBER
    1. Upon purchase of the Membership, ProtectCELL will issue or cause to be issued, to Member a membership number. The membership number is not transferable and may only be used by the Member to whom the membership number is issued. Member will notify ProtectCELL and the Authorized Dealer if Member becomes aware of any unauthorized use of Member’s membership number.
  5. MEMBERSHIP FEES
    1. Member will pay an upfront enrollment fee (“Membership Fee”) including applicable taxes, if any, upon purchasing the Membership Plan based on the length of the Membership selected by Member and the type of Member Device as set forth in Schedule I in Section 17 below.
    2. Member will pay the Membership Fee and applicable taxes, if any, to the Authorized Dealer, at the time Member purchases the Membership Plan. Refunds of the Membership Fee and any taxes paid are subject to Members’ cancellation rights provided in Section 9 below.
    3. The “Membership Plan Purchase Date” is the date the Membership Fee was paid.
    4. Return or Cancellation within 30 Days of Purchase. A “Return” is defined as a Member’s request to cancel the Membership Plan within 30 days of the Membership Plan Purchase Date, and is subject to approval. Member must deliver to ProtectCELL a written request to cancel the plan. With an approved Return, the Member will receive all funds paid toward the Membership Fee. A Return will not be approved if a Request has been made against the Membership Plan or Device Buyback has been used. Returns may be processed by the Authorized Dealer that sold the Membership Plan or by ProtectCELL directly.
    5. Refund or Cancellation More than 30 Days after Purchase. A “Refund” is defined as a customer’s request to cancel the Membership Plan made between the second (2nd) and twenty-fourth (24th) months starting from the Membership Plan Purchase Date, and is subject to approval. Member must deliver to ProtectCELL a written request to cancel the plan. With an approved Refund, the Member receives a prorated refund of the Membership Fee and taxes paid on the Membership Plan Purchase Date. A request for Refund will not be approved if a Request has been made against the Membership Plan or Device Buyback has been used. A Processing Fee of $20.00 applies to each Refund. All Refunds are handled exclusively by ProtectCELL; Authorized Dealers are unable to process Refunds.
    6. For customers who purchase ProtectCELL’s two-year Membership Plan using the ProtectCELL Payment Plan, the following terms and conditions apply and may differ from the terms and conditions that apply to upfront payment of the Membership Fee:
      1. The Membership Plan Purchase Date is the date the customer paid the first payment for the Membership Plan under the ProtectCELL Payment Plan.
      2. The first payment and applicable taxes, if any, are collected by the Authorized Dealer from which the customer purchased the Member Device.
      3. Requests and Device Buyback are not permitted until the Membership Fee and all required associated costs have been paid in full, i.e., all three (3) Membership Fee payments, applicable taxes, if any, that applies to the Membership Fee, and the Administrative Fee have been paid.
      4. Payments 2 and 3 will be collected by charging your credit card on the same day (or immediately prior business day) of the month as the Membership Plan Purchase Date, e.g., for the purchase date 9/12/13, Payment 2 is processed 10/12/13, Payment 3 is processed 11/12/13.
      5. If the customer does not make a required payment on or before the due date, customer will have not more than thirty (30) days from the due date of the past due payment to bring the account current. In the event customer does not make the past due payment within thirty (30) days of the payment due date, the Membership Plan will terminate automatically and customer shall receive a reimbursement for any unused portion of the Membership Plan measured as of the date of termination.
      6. Returns. A “Return” is defined as a Member’s request to cancel the Membership Plan within 30 days of the Membership Plan Purchase Date, and is subject to approval. Member must deliver to ProtectCELL a written request to cancel the plan. With an approved Return, the Member will receive all funds paid toward the Membership Fee. A Return will not be approved if a Request has been made against the Membership Plan or Device Buyback has been used. Returns may be processed by the Authorized Dealer that sold the Membership Plan or by ProtectCELL directly.
      7. Refunds. A “Refund” is defined as a Member’s request to cancel the Membership Plan made between the second (2nd) and twenty-fourth (24th) months starting from of the Membership Plan Purchase Date, and is subject to approval. Member must deliver to ProtectCELL a written request to cancel the plan. With an approved Refund, the Member receives a prorated refund of funds paid toward the Membership Fee and a pro rata share of the associated taxes paid, if any. A request for Refund will not be approved if a Request has been made against the Membership Plan or Device Buyback has been used. ProtectCELL reserves the right to charge a Processing Fee of $20.00 for each Refund. All Refunds are handled exclusively by ProtectCELL; Authorized Dealers are unable to process Refunds.
  6. LOSS OF, OR DAMAGE TO, THE PROTECTCELL DEVICE
    1. In the event of any loss, damage, destruction, theft or disappearance of the ProtectCELL Device which Member has not previously returned to ProtectCELL (“Loss”), Member must immediately, and in any event, no later than within 24 hours of Member becoming aware of such Loss, notify ProtectCELL of such Loss.
    2. The Administrative Fee set forth in Schedule 1 in Section 17 below includes a charge for an optional waiver (“Waiver”) of Member’s responsibility for any Loss. As a result of this Waiver, Member is not responsible for any Loss, regardless of the cause or circumstances subject to 6.C. below. Accordingly, Member will receive the right to use another ProtectCELL Device after the payment of the Administrative Fees set forth in Schedule 1 in Section 17 below. If Member desires to be liable for any Loss, Member may decline the Waiver and each Administrative Fee set forth on Schedule 1 will be reduced by $5.
    3. Notwithstanding anything herein to the contrary, the Waiver shall not cover, and the Member shall remain liable to ProtectCELL for, any and all Loss resulting from any of the following circumstances: (a) the use or operation of the ProtectCELL by Member for a purpose or in manner for which it was not designed, (b) intentional, willful or wanton misuse, abuse or mishandling of the ProtectCELL Device by Member, (c) violation of any of the Terms by Member or (d) intentional, dishonest, fraudulent or criminal acts by Member.
  7. TERM OF MEMBERSHIP
    1. Member must purchase the Membership the same day as Member’s purchase of his or her Member Device from the Authorized Dealer to avoid a 30-day waiting period for Requests under the Membership Plan.
    2. Membership will become effective upon Member’s payment of the Membership Fee to the Authorized Dealer, for the benefit of ProtectCELL, and will remain effective for a period of one (1) year or two (2) years, as selected by Member, from the day Member purchased the Membership.
    3. Upon receipt by ProtectCELL of a written request by Member to renew his/her Membership, Membership will be renewed for a period of one (1) year, and Member shall pay to ProtectCELL a renewal Membership Fee in the amount of the then current Membership Fee applicable to the Member Device and the Membership Term.
    4. During the Membership Term, if Member transfers a telephone number associated with the Member Device to a new wireless or technology product owned by Member and purchased by Member from the Authorized Dealer, the Membership will become effective with respect to such new wireless or technology product on the fifteenth (15th) day following the date on which such new wireless or technology product is activated for service by the applicable wireless communications service provider. ProctectCell may require the payment of additional membership fees should the new device be of a different type than the original device. ProtectCELL may require proof from Member of any transfer of the telephone number associated with the Member Device to a new wireless or technology device.
  8. CERTAIN CONDITIONS
    1. Plan Benefits are valid only on eligible purchases at the participating Authorized Dealers and ProtectCELL Rewards Mall.
    2. Plan Benefits have no cash value, may not be redeemed for cash and are not transferable.
    3. For any Plan Benefit to apply, the Membership must be active and available at the time of purchase. Member will NOT be reimbursed retroactively for purchases made without active Membership at the time of purchase.
    4. Discount Benefits will be applied in consideration of all other eligible discounts and deductions (e.g., coupons, seasonal sale discounts, etc.) solely at the discretion of the participating Authorized Dealer or ProtectCELL Rewards Mall retailers, unless specifically stated.
    5. At the time of purchase of the Membership, Member shall submit to the Authorized Dealer, for the benefit of ProtectCELL, accurate and current information in connection with the Membership. Such information includes name, address, email address, and telephone number. It shall be Member’s responsibility to make any necessary changes to Member’s account information so that such information remains accurate and current during the Membership Term and ProtectCELL Device Period, as applicable. Member may change his/her account information by (i) updating Member profile data at the ProtectCELL Website www.protectcell.com, (ii) contacting ProtectCELL at 1.877.775.3274 or (iii) contacting the Authorized Dealer. ProtectCELL shall not have any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.
  9. CANCELLATION; TERMINATION
    1. Member may cancel his/her Membership at any time by delivering a written notice of cancellation to ProtectCELL, subject to the conditions in Sections 5.D., 5.E., and 5.F. above.
    2. The date on which ProtectCELL receives a written cancellation notice from Member shall be the effective date of cancellation of the Membership.
    3. If Member requests the ProtectCELL Device and cancels such request after ProtectCELL has shipped the ProtectCELL Device but before Member receives delivery of the ProtectCELL Device, Member will be charged an Administrative fee as set forth in Schedule I in Section 17 below, and upon receipt of ProtectCELL Device by Member, Member shall immediately return the ProtectCELL Device to ProtectCELL.
    4. In the event that Member requests a ProtectCELL Device and ProtectCELL is unable to fulfill delivery of such ProtectCELL Device for any or no reason, ProtectCELL may cancel this Membership by notifying the Member of such inability and refunding the full Membership Fee to such Member.
    5. ProtectCELL may terminate the Membership, without any reason in its sole discretion, including, without limitation, ProtectCELL’s belief that the continued use of the Membership by the Member would violate any provisions of the Terms, applicable law, or otherwise be harmful to ProtectCELL. In the event of any such termination, Member will be entitled to a pro rata refund of the Membership Fee (net of the amount paid to the Authorized Retailer) based on the number of days remaining in the Membership Term; provided, however, that Member must first return to ProtectCELL any ProtectCELL Device in his/her possession before ProtectCELL is obligated to pay such refund.
      1. In the event of ProtectCELL’s termination of the Plan, Member will be entitled to a pro rata refund of the Membership Fee, net of the amount paid to the Authorized Retailer, based on the number of days remaining in the Membership Term.
      2. In the event of ProtectCELL’s termination of the ProtectCELL Device Benefits, at Member’s election, ProtectCELL will either maintain Member’s Plan Benefits until expiration of the term of the Membership or refund the Member a pro rata portion of the Membership Fee for the remaining portion of the Membership Term.
      3. In the event of ProtectCELL’s termination of any or all of the Discount Benefits, but not the ProtectCELL Device Benefits, at ProtectCELL’s election, ProtectCELL will either maintain Member’s Plan Benefits until expiration of the term of the Membership or refund the Member a pro rata portion of the Membership Fee for the remaining portion of the Membership Term.
      4. ProtectCELL shall have no obligation to pay any refunds payable to Member under this Section 9.E. until ProtectCELL has received from Member any ProtectCELL Device in such Member’s possession.
      5. ProtectCELL may terminate the Plan or any or all of the Plan Benefits, in whole or in part, at any time with or without notice to Member, including without limitation, if Member makes a request for the ProtectCELL Device with the intent personally to profit (e.g., selling the phone we ship them, giving it to someone else, etc.) from use of the ProtectCELL Device, Member intentionally causes damage to the ProtectCELL Device, or Member intentionally voids or breaches the manufacturer’s extended warranty or a service contract covering the Member Device.
  10. HOW TO MAKE A REQUEST
    1. Contact ProtectCELL by phone at 1.877.775.3274 between the hours of 9:00 AM and 6:00 PM eastern standard time, or visit www.protectcell.com and log in to your account to make a Request online.
    2. A 30-day waiting period applies to requests under Membership Plans not purchased on the date of purchase of the Member Device.
  11. CONTACT INFORMATION
    1. Please contact ProtectCELL
      1. By phone at 1.877.775.3274;
      2. By email at www.protectcell.com; or
      3. By writing ProtectCELL at 39500 High Pointe Blvd, Suite 250, Novi, MI 48375. ATTENTION: Customer Service.
  12. CHANGES TO THE TERMS
    1. ProtectCELL may, in its sole discretion, change the Terms at any time without notice or liability by posting revised Terms and Conditions on the ProtectCELL Website. Any changes shall take effect immediately, unless otherwise provided. Member may view the current version of these Terms at any time by visiting the ProtectCELL Website. Member may also obtain a copy of the Terms at the Authorized Dealer or by contacting ProtectCELL in accordance with Section 11 above.
  13. DISCLAIMERS; LIMITATION OF LIABILITY
    1. NONE OF THE PLAN, THE MEMBERSHIP, WAIVER OR ANY OF THE PLAN BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
    2. USE OF THE PLAN AND ANY OF THE PLAN BENEFITS IS AT MEMBER’S SOLE RISK. THE PLAN BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    3. PROTECTCELL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS, AND THE AUTHORIZED DEALER (“PROTECTCELL ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLAN AND ANY OF THE PLAN BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
    4. PROTECTCELL ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE PLAN WILL MEET MEMBER’S REQUIREMENTS, (ii) THE PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER FROM MEMBERSHIP IN THE PLAN WILL MEET MEMBER’S EXPECTATIONS.
    5. PROTECTCELL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTECTCELL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLAN OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE PLAN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLAN’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PLAN.
    6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  14. ARBITRATION
    1. In the event of any dispute among the parties as to the interpretation of any provision of these Terms or the rights and obligations of any party hereunder, such dispute shall be resolved through binding arbitration as hereinafter provided.
    2. If arbitration is required to resolve a dispute among the parties, the parties will notify the Detroit Regional Office of the American Arbitration Association (“AAA”) located in Southfield, Michigan, and request AAA to select one person to act as the arbitrator for resolution of the dispute.
    3. The arbitrator selected pursuant to Section 14.B. will establish the rules for proceeding with the arbitration of the dispute, which will be binding upon all parties to the arbitration proceeding. The arbitrator may use the rules of the AAA for commercial arbitration but is encouraged to adopt the rules the arbitrator deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible.
    4. The arbitrator will have the exclusive authority to determine and award costs of arbitration and the reasonable expenses and costs incurred by any party for its attorneys, advisors and consultants.
    5. Any award made by the arbitrator shall be binding on the Member and ProtectCELL and shall be enforceable to the fullest extent of the law.
    6. Nothing in this Section 14 shall preclude ProtectCELL from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).
  15. GOVERNING LAW
    1. The Membership, the Plan, the Plan Benefits and the Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
  16. MISCELLANEOUS
    1. These Terms, including all documents referenced herein, represents the entire understanding between ProtectCELL and the Member with respect to the Plan and the Membership and supersedes any other agreements, statements or representations.
    2. No waiver by ProtectCELL of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
    3. The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
  17. SCHEDULE I
    1. Standard
      1. Definition of Standard Member Device
        1. Standard or Feature mobile phones that do not require a data package from a wireless carrier; includes air cards and MiFi Devices.
      2. Membership Term/Membership Fee
        1. 2-Year Term: $99.99
        2. 1-Year Term: $59.99
        3. 3 Payments of $39.99
        4. Monthly: $5.99
      3. Administrative Fee for ProtectCELL Device
        1. First Request: $50.00
        2. Second and subsequent requests: $80.00
        3. Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)
    2. Smart
      1. Definition of Smart Member Device
        1. Mobile phones or devices that require a data package from the wireless carrier
      2. Membership Term/Membership Fee
        1. 2-Year Term: $139.99
        2. 1-Year Term: $99.99
        3. 3 Payments of $54.99
        4. Monthly: $8.99
      3. Administrative Fee for ProtectCELL Device
        1. First Request: $125.00
        2. Second and subsequent requests: $150.00
        3. Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)
    3. Premium
      1. Definition of Smart Member Device
        1. Advanced devices including new launch smart phones and devices that are referenced as tablets, netbooks, or other computing type device.
      2. Membership Term/Membership Fee
        1. 2-Year Term: $199.99
        2. 1-Year Term: $129.99
        3. 3 Payments of $82.99
        4. Monthly: $10.99
      3. Administrative Fee for ProtectCELL Device
        1. First Request: $150.00
        2. Second and subsequent requests: $200.00
        3. Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)

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ProtectCELL DEVICE Protection Terms & Conditions

Form: PCDV-ADH-05202013


MOBILE DEVICE REPAIR AND REPLACEMENT PLAN AGREEMENT
This Agreement is not a Contract of Insurance.

PLEASE READ THIS AGREEMENT CAREFULLY. It describes the protection You will receive in return for payment by You. You must keep this Agreement, Your sales invoice and receipt for the product You purchased. They are integral parts of this Agreement and You may be required to produce them to obtain service. You must maintain the Covered Product as recommended by the manufacturer’s owner’s manual or product warranty. Refer to the Declarations Page of this Agreement or Your sales invoice or receipt to determine the term of this Agreement and whether there is a deductible required to obtain service.
Any person who knowingly and with intent to injure, defraud, or deceive any insurer or its insured and files a statement of claim or any application containing false, incomplete or misleading information may be guilty of a felony.

I. DEFINITIONS:
  (1) “We”, “Us”, and “Our” mean the Company obligated under this Agreement, 4warranty Corporation, [2301 Park Avenue, Suite 402, Orange Park, FL 32073] [(800) 867-2216], in all states except in Florida and Oklahoma where it is Lyndon Southern Insurance Company, [10151 Deerwood Park Blvd., Bldg. 100, Suite 500, Jacksonville, FL 32256], [(800) 888-2738], and in Washington where it is Dealers Alliance Corporation, [3518 Riverside Drive, Upper Arlington, OH 43221], [(800) 282-8913], and in Arizona, Colorado, Maine and North Carolina where it is the Selling Retailer;
  (2) “You” and “Your” mean the purchaser of the Covered Product(s) and any authorized transferee/assignee of the purchaser;
  (3) “Administrator” means Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375], [(877) 775-3274], in all states;
  (4) “Selling Retailer” means the entity selling the Covered Product and this Agreement; and
  (5) “Covered Product” means the consumer item(s), which You purchased and is covered by this Agreement.
  (6) “Standard Phone” means mobile phones and mobile devices that do not require a data package from a wireless carrier (also encompasses air cards and MiFi Devices).
  (7) “Smart Phone” means mobile phones and mobile devices that require a data package from the wireless carrier.
  (8) “Premium Device” means advanced devices including the most recently launched version of a smart phone and devices that are referenced as tablets, netbooks, or other computing type devices.
  (9) “Waiting Period” means thirty (30) days when a Covered Product is purchased on a date other than the membership enrollment date. We may waive the Waiting Period if the date You purchased Your Covered Product and the date You purchased membership are the same date.
 
IIA. REPLACEMENT PLAN:
  (1) Eligible Devices: Mobile phones and tablets that are two (2) years old or less are eligible for coverage under the Replacement Plan. Proof of purchase, copy of telecommunications provider bill, or other document identifying ownership may be required prior to submission of a request for replacement under the Replacement Plan. The information requested may be provided by email to [info@protectcell.com] or by fax to [(866) 280-8635].
  (2) Term: The Replacement Plan term is either one (1) year or two (2) years from the date Replacement Plan is purchased depending on the plan purchased. The term of this Agreement begins on the purchase date of the Protection Plan and continues for the period indicated on the Declarations Page, Your sales invoice or receipt. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
  (3) Coverage: With regard to all membership enrollment requests, including those which require a predefined Waiting Period, the coverage specified in this Agreement begins at 12:01 a.m. on the later of the date of such request or the expiration of any predefined required Waiting Period as indicated on the Declarations Page of this Agreement, Your sales invoice or sales receipt, whichever is greater. Accidental Damage in Handling (“ADH”) coverage shall begin upon expiration of the predefined Waiting Period in Section I(9) of this Agreement.
    (A) We may replace Your Covered Product due to a:
      (1) Mechanical or electrical breakdown, including those experienced during normal wear and tear,
      (2) Mechanical or electrical breakdown caused by a direct result of a power surge, and
      (3) ADH as defined in this Agreement in Section 4 (below). You are responsible for retaining Your SIM card and backing up all software, ring tones, pictures and data on Your phone prior to replacement.
    (B) If You submit Your request for enrollment for coverage after the Initial Activation of Your Covered Product, Your coverage under this Agreement may require the successful completion of a test call to the “Covered Product” prior to becoming effective. In the event a test call is performed, We or Our authorized representative will notify You within 30 days if Your enrollment request is not approved.
  (4) Conditions at the Time of Loss: In the event of a covered Loss, We will arrange for the replacement of Your Covered Product.
    (A) Replacement equipment may be remanufactured equipment, or different equipment of like kind and quality. Phone color, brand model, features and functions may be different and accessory compatibility is not guaranteed.
    (B) Replacement equipment will be approved equipment for use on the network of Your Service Provider and in the same equipment category and value as the Covered Product at the time of Loss.
    (C) In all cases where replacement is not possible, You may be paid the retail value of Your Covered Product not to exceed the purchase price, excluding sales tax, delivery and handling.
    (D) Equipment failure evaluation must be performed prior to approval of Your request for replacement of the Covered Product.
  (5) Limit of Liability:
    (A) Aggregate Coverage Limit: An aggregate limit of $1,500.00 USD applies to total covered Losses to Your Covered Product for any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered loss.
    (B) Aggregate Replacements Limit: A maximum of two (2) replacements of Your Covered Product will be allowed in any one twelve (12) month period. The twelve month period is calculated based on the Date of Replacement for each covered Loss.
  (6) How to Get Service: Contact the Administrator and You will be advised how to obtain service. Call the toll-free number at [(877) 775-3274] between the hours of [9:00 AM and 6:00 PM, Eastern Time], or go online to [www.protectcell.com] and log in to Your account. All replacements must be authorized by the Administrator. Check that the batteries do not need replacing or recharging.
EMERGENCY SERVICE: In Utah Only: If after [6:00 PM, Eastern Time], You are unable to reach Us at [(877) 775-3274] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician’s report and a copy of the Agreement to Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375] for reimbursement. All coverage and exclusions in this Agreement will apply.
    (A) Prior to service being performed, You will be required to provide a valid credit card number to satisfy the deductible amount described below. Your failure to take delivery of replacement equipment after Our claim approval will result in forfeiture of the replacement equipment and Your claim under this Agreement.
    (B) If We replace Your Covered Product You are required to send Us Your defective Covered Product. YOU MUST RETURN THE COVERED PRODUCT TO US IN THE RETURN MAILER WE PROVIDE WITHIN TEN (10) BUSINESS DAYS OF RECEIVING THE RETURN MAILER, OR YOUR CREDIT CARD WILL BE CHARGED $100 IF YOU HAVE A STANDARD PHONE, $200 IF YOU HAVE A SMART PHONE, or $300 IF YOU HAVE A PREMIUM DEVICE. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE COVERED PROPERTY AS DIRECTED.
    (C) The Administrator will issue You a prepaid return shipping label. You must ship Your damaged or defective item to the Administrator at the address provided. Please make sure Your product is properly protected with other protective materials as needed. Your credit card will be charged for the amount of the replacement unit if Your failed product is damaged in shipping to Us.
  (7) Deductible: Each replacement of Your Covered Product is subject to a nonrefundable deductible per covered Loss as follows: For a Standard Phone: $50 for Your first replacement device, $80 for the second device; For a Smart Phone: $125 for Your first replacement device, $150 for the second device; For a Premium Device: $150 for Your first replacement device, $200 for Your second device. You must make this payment before We will authorize a replacement. You will be required to furnish Us with a valid credit card number to satisfy Your deductible.
 
IIB. REPAIR PLAN:
  (1) Eligible Devices: Mobile phones and tablets that are two (2) years old or less are eligible for coverage under the Repair Plan. Proof of purchase, copy of telecommunications provider bill, or other document identifying ownership may be required prior to submission of a request for replacement under the Replacement Plan. The information requested may be provided by email to [info@protectcell.com] or by fax to [(866) 280-8635].
  (2) Term: For the Repair Plan, the term of this Agreement begins on the date of purchase and continues for the period indicated on the face of this Agreement or as indicated in the Declarations Page, Your sales receipt or invoice. Coverage for mechanical breakdown and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. Waiting Period for ADH: Coverage for ADH begins upon expiration of the Waiting Period defined in Section I(9) of this Agreement, or on Your sales receipt or invoice. In the event Your Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
  (3) Coverage: We will repair or replace the Covered Product, at Our discretion, due to a mechanical or electrical breakdown, including those experienced during normal wear and tear, or from ADH as defined in this Agreement in Section III. A mechanical or electrical breakdown caused by a direct result of a power surge is also covered. Parts will be replaced with those of like kind and quality. We may use new or remanufactured parts. If the Covered Product cannot be repaired; if the cost of the repair exceeds the original purchase price; if parts are no longer available or are discontinued by the manufacturer, the Covered Product will be replaced as determined by Us with a product of similar quality and features. You are responsible to backup all computer software and data prior to commencement of repair.
  (4) Limit of Liability: Our limit of liability for Your Covered Product under the Repair Plan is the cost of authorized repairs, or replacement as determined by Us, with a product of like quality and similar features. In no event will Our total liability for repairs or replacement exceed Your purchase price for the Covered Product, excluding sales tax, delivery and installation costs. A maximum of two (2) repairs of Your Covered Product, with an aggregate limit of $1,500.00 in total covered losses, will be allowed in any one twelve (12) month period. The twelve month period is calculated based on the Date of Repair for each covered Loss. SERVICE COSTS, BREAKDOWN CHARGES, INSPECTION FEES, OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.
  (5) How to Get Service: You must Contact the Administrator for the appropriate authorized service center. Call the toll-free number at [(877) 775-3274] between the hours of [9:00 AM and 6:00 PM, Eastern Time], or go online to [www.protectcell.com]. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied. You may be asked for a credit card number prior to service being performed. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, or a fuse blown at the junction box. For a Covered Product that uses batteries as the prime power supply, check that the batteries do not need replacing or recharging. EMERGENCY SERVICE: In Utah Only: If after [6:00 PM, Eastern Time], You are unable to reach Us at [(877) 775-3274] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician’s report and a copy of the Agreement to Digital Leash, LLC d/b/a ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375] for reimbursement. All coverage and exclusions in this Agreement will apply.
  (6) Service Deliverables: There may be a deductible required to obtain service for Your Covered Product as indicated on the Declarations Page of this Agreement. You will receive service on Your Covered Product as described below and as indicated on the Declarations Page of this Agreement:
   
  • Carry-In: Unless otherwise provided in this Agreement, Covered Products must be delivered and picked up by You at Our authorized service center during normal business hours.
  • Depot: We will provide You with a shipping label for You to ship Your failed product to the nearest repair facility. You are responsible for all costs of postage, insurance, packaging and shipping. Your product must be properly protected with bubble wrap or other protective materials. We are not responsible for and have no liability for product damaged in shipping. Your repaired product will be mailed back to You at no charge.
  • Express: We will mail a shipping box and return label with instructions for You to ship Your failed product to Our designated repair facility. We will pay for return postage of Your repaired product.
 
III. ACCIDENTAL DAMAGE IN HANDLING (“ADH”):
  Your product is protected against accidental damage in handling such as drops, water damage and liquid spills. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the “What is Not Covered” section of this Agreement. Any resultant damage from this type of treatment is NOT covered by this ADH program. For the purpose of this Agreement, Accidental Damage is defined as a single, unexpected and unintentional event and does not include accumulated damage from continual or multiple events. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event.
 
IV. WHAT IS NOT COVERED:
  (1) Product repairs or replacements that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs or replacements;
  (2) Cleaning; Periodic checkups; preventive maintenance;
  (3) Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold “AS-IS” including but not limited to floor models, demonstrations models, etc.;
  (4) Except as noted in Section IIA(3) and IIB(3) above, parts or repairs due to normal wear and tear unless tied to a breakdown and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries;
  (5) Except as noted in Section IIA(3) and IIB(3) above, damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions; external causes, including third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature;
  (6) Loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion;
  (7) Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts;
  (8) Failures that occur outside of the 50 states of the United States of America and the District of Columbia;
  (9) Non-functional or aesthetic parts including but not limited to plastic housing;
  (10) Unauthorized repairs and/or parts;
  (11) Cost of installation, setup, diagnostic charges, removal or reinstallation of the Covered Product, except as provided herein;
  (12) Accessories used in conjunction with a Covered Product;
  (13) Any other loss other than a covered breakdown;
  (14) Service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of this Agreement;
  (15) Loss due to the intentional parting of Your Covered Product by You or anyone entrusted with Your Covered Product; Loss due to intentional, dishonest, fraudulent or criminal acts by You or Your family members; any of Your authorized representatives; anyone You entrust with Your Covered Product; and any of their family members; or anyone else with an interest in Your Covered Product for any purpose, acting alone or in collusion with others;
  (16) Loss due to obsolescence, including technological obsolescence, of Your Covered Product;
  (17) Loss caused by or resulting from change or enhancement in color, texture, or finish; Loss caused by or resulting from expansion, contraction, or any cosmetic damage of Your Covered Product, however caused; Scratches and marring that occur to Your Covered Product;
  (18) Loss or damage to or of personalized data, such as contact lists, photos, video, and music downloads is not covered; Loss or damage to or of customized software, such as personal information managers (PIM’s), ring tones, games, or screen savers is not covered; Loss or damage to or of antennas, external housings, or casings that does not affect the mechanical or electrical function of the Your Covered Product is not covered; and
  (19) Any Loss or damage caused by or through or in consequence, directly or indirectly, of Computer Virus, whether intentional or unintentional, and whether such loss be direct or indirect, proximate or remote or be in whole or in part caused by, contributed to or aggravated by the covered causes of Loss covered under this Agreement.
V. CONDITIONS:
  (1) Transferability: This Agreement is not transferable.
  (2) Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
  (3) Subrogation: If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover.
  (4) Arbitration: In the event of a disagreement between You and Us concerning costs, either party may make a written demand for arbitration. This must be done within sixty (60) days after the day You filed Your claim. Each party will select an arbitrator. The two (2) arbitrators will select an umpire. Each party will pay the expenses of the respective arbitrator selected. The expenses of the umpire will be shared equally. Unless both parties agree otherwise, arbitration will take place in the county and state in which You live. Local rules will apply. A majority decision will be binding.
State Variations:
    (A) In Arizona: Arbitration does not preclude the consumer&rsquols right to file a complaint with the Arizona Department of Insurance Consumer Affairs Division, (800) 325-2548.
    (B) In California: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, CA 95660, or You may visit their website at www.bear.ca.gov. Informal dispute resolution is not available.
    (C) In Florida, Georgia, and Oregon: The “Arbitration” section of this Agreement is removed.
    (D) In Oklahoma: Arbitration does not preclude Your right to a judicial review. If agreement by arbitration is not reached within three months from the date of the demand for arbitration, You retain the right to sue the tortfesor.
    (E) In Utah: Any matter in dispute between You and the Company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the Company. Any decision reached by arbitration shall be binding upon both You and the Company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.
    (F) In Washington: Arbitration proceedings are to be held at a location in closest proximity to the service contract holder’s permanent address.
    (G) In Wyoming: Arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement.
  (5) Cancellation: You may cancel this Agreement for any reason at any time by contacting the Administrator by phone at [(877) 775-3274]; by email at [info@protectcell.com]; or in writing to ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375]. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund, less the cost of claims paid. If You cancel after thirty (30) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor, should the Selling Retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.
State Variations: The following state variations will control if inconsistent with any other provisions:
    (A) In Alabama, Arkansas, California, Hawaii, Maryland, Nevada, New York, South Carolina, Texas, Washington and Wyoming: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement.
    (B) Arizona Only: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation.
    (C) California Only: You may cancel this Agreement for any reason at any time. If You cancel Your Agreement within sixty (60) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund. If You cancel after sixty (60) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor should the Selling Retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.
    (D) Connecticut Only: You may cancel this Agreement if You return the Product or the Product is sold, lost, stolen, or destroyed.
    (E) Georgia Only: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You.
    (F) Maine Only: The provider of the contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least 15 days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If a service contract is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the service contract holder 100% of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed 10% of the provider fee paid by the service contract holder may be charged by the provider. A monthly penalty equal to 10% of the outstanding provider fee outstanding must be added to a refund that is not paid or credited within 45 days after the return of the service contract to the provider.
    (G) Massachusetts Only: The provider shall mail a written notice to the contract holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the service contract holder contained in the records of the provider at least 5 days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the service contract holder relating to the covered product or its use.
    (H) Nevada Only: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
    (I) New Mexico Only: We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement term or one (1) year, whichever occurs first, unless:
      (1) You fail to pay the amount due;
      (2) You are convicted of a crime which results in an increase in the service required under the Agreement;
      (3) You engage in fraud or material misrepresentation in obtaining this Agreement; or
      (4) You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned service contract.
    (J) North Carolina Only: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement.
    (K) Oklahoma Only: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium.
    (L) Oregon and Texas Only: You, the contract holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your contract is returned to the provider.
    (M) Utah Only: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for nonpayment of premium and thirty (30) days prior to the cancellation date for any of the following reasons:
      (1) material misrepresentation;
      (2) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, or
      (3) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following:
        (a) the Agreement number,
        (b) the date of notice,
        (c) the effective date of the cancellation, and,
        (d) a detailed explanation of the reason for cancellation.
    (N) Washington Only: We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
  (6) Entire Agreement: This is the entire Service Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items.
  (7) State Variations: The following state variations will control if inconsistent with any other provisions:
    (A) Arizona Only: In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (4) is removed.
    (B) Connecticut Only: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Agreement. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Agreement.
    (C) Florida Only: The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation.
    (D) Georgia Only: Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (4) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold “AS-IS” including but not limited to floor models, demonstration models, etc.
    (E) Michigan Only: If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.
    (F) Nevada Only: This Agreement may contain a Waiting Period. Please check Your Declarations Page to see whether a Waiting Period exists for this Agreement and, if so, what the length of the Waiting Period is.
    (G) New Hampshire Only: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261.
    (H) Oklahoma Only: This Agreement is not issued by the manufacturer or wholesale company marketing the Covered Product covered by this Agreement. This Agreement will not be honored by such manufacturer or wholesale company. Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association.
    (I) Oregon Only: Upon failure of the obligor to perform under the contract, the insurer shall pay on behalf of the obligor any sums the obligor is legally obligated to pay and any service that the obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination.
    (J) South Carolina Only: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, telephone number 803-737-6180.
    (K) Texas Only: If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number (512) 463-2906 or (800) 803-9202. You may contact the Administrator, License Number 213, by phone at [(877) 775-3274]; by email at [info@protectcell.com]; or in writing to ProtectCELL, [39500 High Pointe Blvd., Suite 250, Novi, MI 48375].
    (L) In Utah: This service contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim.
    (M) In Washington: You are not required to wait sixty (60) days before filing a claim directly with the insurer.
VI: INSURANCE:
  EXCEPT FOR FLORIDA AND OKLAHOMA, THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY “LYNDON SOUTHERN INSURANCE COMPANY,” [10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256] [(800) 888-2738], EXCEPT IN NORTH CAROLINA AND GEORGIA WHERE THE OBLIGOR IS INSURED BY “INSURANCE COMPANY OF THE SOUTH,” [10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256] [(800) 888-2738], AND IN CA, NH, NY, WA, AND WI WHERE THE OBLIGOR IS INSURED BY “DEALERS ASSURANCE COMPANY,” [3518 RIVERSIDE DRIVE, UPPER ARLINGTON, OH 43221], [(800) 282-8913]. IF THE ADMINISTRATOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECLTY TO THE INSURER AT THE ABOVE ADDRESS.
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ProtectCELL BUYBACKTM Plan Terms and Conditions

Form: PCB-NA-03102014

  1. INTRODUCTION TO PROTECTCELL BUYBACK PLAN
    1. ProtectCELL BUYBACK (the “BUYBACK Plan”) provides its members with an option to sell their personal wireless communications unit covered by the Buyback Plan (the “Unit”) to Digital Leash, LLC d/b/a ProtectCELL and, subject to the conditions and limitations of these Terms and Conditions (“Terms”), be compensated in accordance with the provisions below. The Buyback Plan may be purchased separately from an Authorized Dealer or as a component of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE.
    2. Please read the Terms carefully. The Terms are between Digital Leash, LLC d/b/a ProtectCELL (“ProtectCELL”) and any purchaser or acquirer of the Buyback Plan (“Plan Member” or “You” or “Your”) and establish and govern the respective rights and obligations of ProtectCELL and the Plan Member under the Buyback Plan. Upon the Plan Member’s purchase of the Buyback Plan, the Plan Member accepts, agrees to and shall be bound by the Terms. No employee, agent or representative of ProtectCELL or any Authorized Dealer (as defined below) or any employee or representative of an Authorized Dealer is authorized by ProtectCELL to (a) make any statement, representation or warranty on behalf of ProtectCELL or the Buyback Plan or provide any other information to the Plan Member regarding ProtectCELL or the Buyback Plan that is not expressly contained in the Terms or (b) waive, modify, amend or otherwise alter any provision of the Terms. In the event of any conflict between the Terms and any other statement, information or representation made by ProtectCELL, any Authorized Dealer or any of their respective employees, agents or representatives, the Terms shall govern and prevail. The Terms, Your sales receipts for the Buyback Plan and the Unit and any Buyback Plan materials authorized by ProtectCELL to be provided to you by an Authorized Dealer (the “Buyback Materials”) comprise the entire agreement between You and ProtectCELL relating to the Buyback Plan. Your sales receipts are integral parts of these Terms, and You may be required to produce them to process your Buyback request.
  2. PLAN REQUIREMENTS
    1. The Buyback Plan is available for purchase only by individuals eighteen (18) years of age or older, subject to the Terms
    2. The Plan Member must have purchased a Unit from one of ProtectCELL’s authorized dealers (each, an “Authorized Dealer”) or present and retain a copy of the original purchase receipt of the unit
    3. For iPhone devices and other devices with a locking software on their Unit, the Plan Member agrees to remove all security software and applications and disable all features that render the Unit inaccessible for Buyback evaluation by ProtectCELL prior to sending the Unit to ProtectCELL for Buyback evaluation.
    4. The Plan Member agrees to provide updated address information, respond to requests to update Plan Member’s contact information, and reply to emails from ProtectCELL Customer Service/Fulfillment to process Plan Member’s Buyback request. Failure to respond to correspondence from ProtectCELL related to the Plan Member’s Buyback request will void the Plan Member’s benefits under this plan after thirty (30) days.
  3. PLAN OVERVIEW
    1. ProtectCELL hereby grants to the Plan Member an option to sell to ProtectCELL, and upon the Plan Member’s exercise of such option in accordance with the terms of the Buyback Plan, ProtectCELL hereby agrees to buy from the Plan Member, the Unit at the Buyback Price (as defined below), subject to the terms and conditions set forth in these Terms (the “Option”).
      1. ProtectCELL has granted the Option to You in consideration of Your payment to ProtectCELL of a service fee for Buyback (the “Service Fee”) or as part of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE.
    2. Buyback applies to the original Unit You purchased or owned at the time Buyback becomes effective. You may be required to provide the original sales receipt or other verifiable documentary proof of Your purchase of the original Unit when exercising Your rights under Buyback.
    3. For Plan Members who purchased a ProtectCELL COMPLETE plan for their Unit and financed the purchase of the Unit through a carrier financing program, Buyback applies to the original Unit or the ProtectCELL Replacement Device provided to you as a benefit of your ProtectCELL COMPLETE plan. In the event the carrier financing program excludes from early upgrade credit a ProtectCELL Replacement Device issued to the Plan Member under the terms of the ProtectCELL COMPLETE plan, Plan Member may contact ProtectCELL to receive credit for the original financed Unit. Plan Member’s carrier statement must be submitted as proof of credit amount.
    4. The Buyback price for the Unit (“Buyback Price”) is the amount ProtectCELL agrees to pay You, the Buyback Member, for the Unit, if You exercise Your Option under Buyback within the Plan Term (as defined in Section 3.E.), subject to the terms and conditions of these Terms. ProtectCELL will pay the Buyback Price in the form of a store credit valid at the Authorized Dealer through which You purchased Your Unit and Buyback, or in the form of a rebate check issued after Your purchase of one or more additional products at such Authorized Dealer, or in the form of a check if no store credit or rebate program is available through such Authorized Dealer. The Buyback Price is based on a percentage of the actual Unit Retail Price for the hardware components of the Unit, not including any additional peripherals, software or services (the “Unit Retail Price”), at the time of Unit purchase (“Unit Purchase Date”). The Unit Retail Price is calculated before any instant savings applied at the point of purchase or any mail-in rebates or other price discount offers with respect to the Unit that are effective following Your purchase of the Unit. ProtectCELL will notify you of the Buyback Price applicable to Your Unit. For Plan Members who purchased a ProtectCELL COMPLETE plan for their Unit and financed the purchase of the Unit through a carrier financing program, the Buyback Price will never be less than the amount necessary to pay off any outstanding balance on the Plan Member’s carrier financing program for the Unit, subject to the terms of the respective carrier financing plan.
    5. The Buyback Price changes based on both the Period (as defined in Section 3.E.) during which the delivery package for the Unit sent to ProtectCELL is postmarked, and the condition of the Unit as assessed by ProtectCELL in its sole discretion upon its receipt of the Unit.
    6. The plan term (“Plan Term”) begins thirty (30) days after the effective date (“Effective Date”), which is the date on which You purchase the Buyback Plan by paying the Service Fee for the Buyback Plan, or another ProtectCELL plan that includes the Buyback Option, such as ProtectCELL COMPLETE, as applicable, and continues for twelve (12) consecutive months for a one (1) year plan, or twenty-four (24) consecutive months for a two (2) year plan. You may exercise the Option at any time during the Plan Term after the initial thirty-day (30-day) waiting period. For Plan Members who purchased their Unit using a carrier financing program, the waiting period is thirty (30) days. The Plan Term is divided into specific time periods (each, a “Period”), as described in the online terms of sale for the Plan or the Plan Materials, which online terms of sale are subject to change, without notice, from time to time at the sole discretion of ProtectCELL. ProtectCELL reserves the right to change the Plan Term at any time without notice.
    7. During the Plan Term, Plan Member may exercise his or her Option by (a) notifying ProtectCELL through the ProtectCELL website (www.protectcell.com) or by calling 1.877.775.3274, and (b) shipping the Unit to ProtectCELL with a postmark date during the Plan Term or the Grace Period (as defined in Section 3.F.1), provided that You are not in breach of any of the provisions of these Terms. ProtectCELL will contact you with the Buyback Price offer after completing the Condition Assessment of Unit and Buyback Price Calculation (as defined in Section 4.). You have five (5) days from the date ProtectCELL contacts You with the Buyback Price offer to decline the offer and request the return of Your Unit. If You do not respond to the Buyback Price offer within five (5) business days, ProtectCELL will process Your Buyback request at the Buyback Price offered.
      1. If You fail to exercise the Option during the Plan Term, You shall have thirty (30) days from the Expiration Date to postmark the Unit to ProtectCELL (“Grace Period”). If the Unit is postmarked during the Grace Period, ProtectCELL will reduce the Buyback Price associated with the last Period by 20%, unless ProtectCELL in its sole discretion grants an exception as described in Section 5.I.
      2. If ProtectCELL receives a Unit in a delivery package that is postmarked after the last day of the Grace Period and ProtectCELL has not granted an exception in accordance with Section 5.I., ProtectCELL may in its sole discretion consider the Buyback Plan terminated.
    8. If You so request, ProtectCELL will provide You with a pre-paid postage label for shipping the Unit to ProtectCELL that allows two days for delivery either via FedEx Ground or an equivalent package transportation carrier from within the continental United States either (a) through an interface on the ProtectCELL website, or (b) through an email link that provides You with the ability to print a shipping label. The Plan Member has the sole responsibility to request a shipping label, box and packing materials in advance of any deadlines in these Terms that the Plan Member wishes to meet and to postmark the delivery package for the Unit to ProtectCELL within the time required under these Terms. You must pay for and provide Your own shipping label and box if You intend to ship the Unit from outside the continental United States. FedEx or any other shipping entity used by ProtectCELL is not and shall not be construed to be an agent of ProtectCELL.
    9. If You use a postage label provided by ProtectCELL, the Unit must be shipped to the address specified on the postage label. If you do not use a ProtectCELL postage label, the Unit must be shipped to the address specified on ProtectCELL’s website.
    10. You bear all risk of loss and damage to the Unit during its shipping, until ProtectCELL has actually received the Unit. You have the sole responsibility for packing and shipping the Unit in a manner that ensures that it will not be damaged during its shipment. The risk of loss shall pass to ProtectCELL only upon its receipt of the Unit. If material loss or damage occurs to the Unit during shipping, You bear the risk of loss and Your rights under the Terms will automatically terminate without notice.
    11. ProtectCELL will retain all funds paid by You in consideration for the granting of the Option in the event that (a) the Option is not exercised before the end of the Grace Period, or (b) the Unit is considered Substantially Impaired (as defined in Section 4.1.2). ProtectCELL’s payment of the Buyback Price to You constitutes fulfillment of all of ProtectCELL’s obligations under these Terms and terminates the Buyback Plan.
      1. ProtectCELL shall use commercially reasonable efforts to make payment of the Buyback Price within fifteen (15) days following ProtectCELL’s receipt of the Unit, subject to the Condition Assessment set forth in Section 4.A. Upon ProtectCELL”s successful completion of the Condition Assessment and its subsequent notification to You by email or through a secure area of the ProtectCELL website of the successful completion of the Condition Assessment, ProtectCELL will acquire from You all rights, titles and interests in the Unit.
      2. You are responsible for paying and accounting for any sales tax that may be applicable to You in Your state of residency for Your sale of the Unit to ProtectCELL. ProtectCELL makes no representations or warranties regarding Your possible sales tax liabilities for this transaction. All sales tax liabilities for Your sale of the Unit to ProtectCELL are solely Your responsibility.
    12. If You purchased the Buyback Plan separately from another ProtectCELL plan, such as ProtectCELL COMPLETE or ProtectCELL DEVICE, You may cancel the Buyback Plan by delivering notice of cancellation to ProtectCELL and You are eligible for (a) a full refund of the Service Fee if you cancel the Buyback Plan within thirty (30) days after the Effective Date or (b) a full refund of the Service Fee less a processing charge of $15 if you cancel the Buyback Plan after thirty (30) days after the Effective Date. If Your Buyback Plan was bundled as part of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE, You are not entitled to receive an additional refund of the Service Fee for the Buyback component of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE.
  4. CONDITION ASSESSMENT OF UNIT AND BUYBACK PRICE CALCULATION
    1. If You exercise the Option under this Buyback Plan in accordance with these Terms, ProtectCELL in its sole discretion, or the discretion of any of its agents, reserves the right to adjust the Buyback Price according to its assessment of the condition of the Unit at the time the Unit is received by ProtectCELL (the “Condition Assessment”). As part of the Condition Assessment ProtectCELL will document the receipt and condition of the Unit through various means, including, but not limited to, taking a digital photograph of the Unit. Based upon the Condition Assessment, at its sole discretion ProtectCELL will classify Your Unit as either “Good” or “Substantially Impaired” according to the criteria described below. PLEASE NOTE that ProtectCELL will not make a claim on any warranty, extended warranty, service contract or insurance plan covering the Unit on Your behalf. You must make any warranty, extended warranty, service contract, insurance or other handset protection plan claim prior to sending the Unit to ProtectCELL.
      1. A Unit receiving the classification of “Good” is (a) fully functional, with normal visible wear and tear and (b) has been delivered to ProtectCELL with substantially all components, peripheral devices and all other accessories that originally shipped with the Unit. If ProtectCELL classifies the Unit as Good, no adjustment will be made to the Buyback Price.
      2. A Unit receiving the classification of “Substantially Impaired” is a Unit having one or more of the following characteristics or conditions: (a) the Unit has functional damage or product failure that affects its ability to perform its function or impairs its use and cannot be easily repaired; (b) one or more of the Unit’s components, peripherals, or accessories is missing or damaged and cannot be easily repaired or replaced; (c) the Unit has more than normal visible wear and tear, including, but not limited to, cracks, dents, scratches, dirt and user-added stickers, or (d) the Unit has been recalled by its manufacturer and has not been repaired or replaced prior to ProtectCELL’s receipt of the Unit. If ProtectCELL classifies the Unit as Substantially Impaired, the Buyback Price may be reduced by up to 50% or all of the Unit’s conditions or damage described above must be repaired either under Your warranty, extended warranty, service contract or other handset protection plan for the Unit or at Your sole expense prior to sending the Unit to ProtectCELL.
      3. A Unit receiving the classification of “Jailbroken” is a device that has been altered to permit root access to the operating system. ProtectCELL reserves the right to exclude any Jailbroken device from eligibility for the Buyback Plan Option.
      4. You must reset the Unit by erasing all content and settings on the Unit prior to sending it to ProtectCELL. ProtectCELL will return to You any Unit that has not been reset. You are solely responsible for backing up your data. ProtectCELL shall have no liability in the event that data remains visible on any Unit sold to ProtectCELL.
      5. Any Unit submitted to ProtectCELL for Buyback evaluation must be unlocked and fully accessible to ProtectCELL for evaluation. Plan Members submitting their Unit for Buyback evaluation must remove or disable any locking application, security PIN, and any other feature or application which would render the Unit inaccessible for evaluation by ProtectCELL, prior to sending the Unit in for evaluation.
    2. Any percentage change in the Buyback Price shall be a change based on the entire Buyback Price, exclusive of any other or prior change made by ProtectCELL in the process of calculating the Buyback Price.
  5. OTHER PLAN CONDITIONS
    1. Time is of the essence and is material to these Terms. At ProtectCELL’s option, ProtectCELL may cancel the Plan Member’s Buyback request and keep the Plan Member’s Unit submitted for Buyback evaluation in the event the Plan Member fails to respond to correspondence from ProtectCELL related to the Plan Member’s Buyback request within thirty (30) days of the date the Unit is received by ProtectCELL for evaluation. Plan Member agrees to release ProtectCELL from all liability in the event Plan Member’s Buyback request is cancelled due to Plan Member’s unresponsiveness, regardless of the cause.
    2. You assume all obligations and liabilities with respect to the possession of the Unit, and for its use, condition and storage during the Plan Term. You will, at Your own expense, maintain the Unit in good mechanical condition and running order. You agree to comply with all requirements necessary to enforce all rights and remedies under any warranty, extended warranty, service contract or insurance plan covering the Unit, and if the Unit breaks while covered under a warranty, extended warranty or service contract, You agree to cause the warranty or service contract issuer to perform the appropriate repairs before sending the Unit to ProtectCELL. Under the Terms of the Buyback Plan, ProtectCELL will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Unit.
    3. You warrant to ProtectCELL that You are the legal and beneficial owner of the Unit as of the Effective Date of the Buyback Plan. You further warrant that You have purchased the Unit either at the same time as or within thirty (30) days prior to Your purchase of the Buyback Plan, and agree that the Terms cover only the Unit and NOT any similar or alternative personal wireless communications unit except as specified in Section 5.I. ProtectCELL reserves the right to terminate the Buyback Plan if You cannot prove to ProtectCELL’s satisfaction that You purchased the Unit within thirty (30) days prior to the Effective Date of the Buyback Plan.
      1. You may be required to provide to ProtectCELL information from and/or copies of Your sales receipt for Your purchase of the Buyback Plan or another ProtectCELL plan that includes the Buyback Option, such as ProtectCELL COMPLETE or ProtectCELL DEVICE, as applicable, and Your sales receipt for Your purchase of the Unit, as well as any Plan Materials, as a condition to receiving the applicable Buyback Price under the Buyback Plan. YOUR ORIGINAL SALES RECEIPT FOR YOUR PURCHASE OF THE BUYBACK PLAN OR ANOTHER PROTECTCELL PLAN THAT INCLUDES THE BUYBACK OPTION, SUCH AS PROTECTCELL COMPLETE OR PROTECTCELL DEVICE, AS APPLICABLE, AND YOUR ORIGINAL SALES RECEIPT FOR YOUR PURCHASE OF THE UNIT AND ANY PLAN MATERIALS SHOULD BE KEPT WITH THIS AGREEMENT IN A SAFE PLACE.
      2. In order to receive the Buyback Price, the actual technical specifications of the Unit must match the technical specifications, including the serial number, (“Specifications”) of the Unit for which you purchased the Buyback Plan, except as specified in Section 5.I. In cases where the actual Specifications of the Unit You shipped to ProtectCELL do not match the Specifications of the Unit covered by the Buyback Plan, ProtectCELL may ask you to provide an original sales receipt for Your purchase of the Unit.
    4. You hereby agree to remove all personal, confidential, trade secret and/or proprietary information from the Unit prior to shipping the Unit to ProtectCELL. By exercising the Option You further agree to hold ProtectCELL and its agents, distributors and resellers harmless for any dissemination of such information through the resale by ProtectCELL of the Unit.
    5. You or Your business entity or any other entity must not attempt to purchase more than twenty-five (25) “Active” Plans from ProtectCELL. The Buyback Plan will be considered Active at all times between its Effective Date and the last day of its Grace Period or until the Option is exercised. ProtectCELL reserves the right to void any Buyback Plans purchased by the same individual, business or other entity while the individual, business or entity holds twenty-five (25) or more Active Plans.
    6. You acknowledge that ProtectCELL did not select, manufacture or supply any Units to You and that You have made the selection of the Unit based upon Your own judgment and expressly disclaim any possible reliance upon any statements made by ProtectCELL or its agents, other than those contained in these Terms.
    7. ProtectCELL’s Buyback Price calculation methodology is a trade secret and proprietary. Any attempt You may make improperly to obtain that information will result in the Buyback Plan’s termination at ProtectCELL’s discretion and may subject You to monetary damages and civil liability. ProtectCELL in its sole discretion may cause the Buyback Plan to be terminated as a result of any unauthorized use by You of the ProtectCELL website, including but not limited to, data mining, scraping, spidering, robotting, using automated means to access ProtectCELL’s website for any purpose, transferring of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer programming routines that may damage, harm, interfere or expropriate any of ProtectCELL’s website systems, programs, content, information or application. Such actions, including but not limited to those described above, may also subject You to monetary damages and civil liability.
    8. If the Unit is being repaired or replaced by a warranty, extended warranty or service contract provider or a manufacturer as the result of a product recall at the time of the Expiration Date, You may qualify for an exemption from the Expiration Date and/or Grace Period at ProtectCELL’s sole discretion. Your completion of the following steps is required in order to qualify for this exemption:
      1. Notify ProtectCELL that the Unit is being repaired under a warranty, extended warranty or service contract or has been recalled by its manufacturer, by email or registered United States Mail, within three (3) days of sending or delivering the Unit for warranty or service contract repair and on a date that is prior to the Expiration Date; and
      2. Send in the Unit to ProtectCELL within three (3) days of receiving it from the warranty or service contract issuer or manufacturer; and
      3. In the same package in which You send the Unit to ProtectCELL, include the documents for either (a) the warranty or service contract return from the warranty or service contract issuer or (b) the recall from the manufacturer, which identifies the date You sent or delivered the Unit to the warranty issuer or manufacturer and the date You received the repaired Unit from the warranty or service contract issuer or manufacturer.
    9. ProtectCELL at its sole discretion may grant you an exemption from the Specification requirements in Section 5.C.2) if the Unit is replaced by a warranty or service contract provider or a manufacturer as the result of a product recall. To qualify for this exemption, You must complete each of the following steps:
      1. Notify ProtectCELL by email or registered United States Mail of the serial number within ten (10) days of receiving the replacement Unit; and
      2. Include the original paperwork for the warranty or service contract replacement or recall replacement from the warranty or service contract issuer/manufacturer that clearly identifies the serial number of the original Unit and the serial number of the replacement Unit in the same package in which You send the Unit to ProtectCELL.
    10. You may transfer this Buyback Plan to an eligible party to whom You sell or gift ownership of the covered Unit during the Plan Term by notifying ProtectCELL of the new owner’s email address through an interface on ProtectCELL’s website. ProtectCELL may charge You or the transferee up to $30 for Your transfer of the ownership of this Buyback Plan.
  6. PLAN ADMINISTRATION
    1. Your rights under these Terms, including, without limitation, the payment of the Buyback Price, are expressly contingent upon Your full compliance with each of the requirements set forth in these Terms. All eligibility and other matters relating to Your purchase or use of this Buyback Plan will be determined by ProtectCELL in its sole discretion, and each such determination will be binding on You.
  7. MISCELLANEOUS
    1. The Buyback Plan and the Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
    2. Whenever possible, each provision of the Terms shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms shall be determined to be invalid or unenforceable to any extent under Delaware law, and the extent of such invalidity or unenforceability does not destroy the basis for the bargain between the parties as expressed herein, then (a) such provision shall be deemed severed from the Terms with respect to such circumstance, without invalidating the remainder of the Terms or the application of such provision to other circumstances, and (b) a new valid and enforceable provision, which accomplishes the intent of the parties hereto as evidenced by the provisions so severed, shall be deemed substituted in lieu of the invalid or unenforceable provision.
    3. The Terms, including any documents referenced herein, represent the entire understanding between ProtectCELL and the Plan Member with respect to the Buyback Plan and supersede any other agreements, statements or representations.
    4. No waiver by ProtectCELL of any breach of this agreement shall be considered as a waiver by ProtectCELL of any subsequent breach of the same or any other provision hereof.
    5. ProtectCELL may, in its sole discretion, change the Terms at any time without notice or liability to You by posting a revised Terms on the ProtectCELL website. Any changes shall take effect immediately, unless otherwise provided. The Plan Member may view the current version of these Terms at any time by visiting the ProtectCELL website. The Plan Member may also obtain a copy of the Terms at an Authorized Dealer or by contacting ProtectCELL in accordance with Section 10.A.
    6. ProtectCELL may terminate the Buyback Plan at any time with or without notice to the Plan Member. In the event of ProtectCELL’s termination of the Buyback Plan, Plan Member will be entitled to a pro rata refund of the Service Fee based on the number of days remaining in the Term.
  8. ARBITRATION
    1. In the event of any dispute among the parties as to the interpretation of any provision of these Terms or the rights and obligations of any party hereunder, such dispute shall be resolved through binding arbitration as hereinafter provided.
    2. If arbitration is required to resolve a dispute among the parties, the parties will notify the Detroit Regional Office of the American Arbitration Association (“AAA”) located in Southfield, Michigan, and request AAA to select one person to act as the arbitrator for resolution of the dispute.
    3. The arbitrator selected pursuant to Section 8.B. will establish the rules for proceeding with the arbitration of the dispute, which will be binding upon all parties to the arbitration proceeding. The arbitrator may use the rules of the AAA for commercial arbitration but is encouraged to adopt the rules the arbitrator deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible.
    4. The arbitrator will have the exclusive authority to determine and award costs of arbitration and the reasonable expenses and costs incurred by any party for its attorneys, advisors and consultants.
    5. Any award made by the arbitrator shall be binding on the Plan Member and ProtectCELL and shall be enforceable to the fullest extent of the law.
    6. Nothing in this Section 8 shall preclude ProtectCELL from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).
    7. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action, multiple plaintiffs, consolidated, or similar basis, or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between You and ProtectCELL alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
  9. DISCLAIMERS; LIMITATION OF LIABILITY
    1. THE BUYBACK PLAN IS NOT AN INSURANCE POLICY OR A CONTRACT OF INSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
    2. THE PLAN MEMBER’S USE OF THE BUYBACK PLAN IS AT THE PLAN MEMBER’S SOLE RISK.
    3. PROTECTCELL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (“PROTECTCELL ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLAN WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    4. PROTECTCELL ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (A) THE PLAN WILL MEET THE PLAN MEMBER’S REQUIREMENTS, (B) THE PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE PLAN MEMBER FROM MEMBERSHIP IN THE PLAN WILL MEET PLAN MEMBER’S EXPECTATIONS.
    5. PROTECTCELL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTECTCELL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE PLAN, ANY TRANSACTIONS ENTERED VIA USE OF THE PLAN OR ANY OTHER PRODUCTS, SERVICES OR OTHER ITEMS FURNISHED BY PROTECTCELL UNDER THE PLAN.
    6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  10. PROTECTCELL CONTACT INFORMATION
    1. You may contact ProtectCELL by phone at 1.877.775.3274; by email at info@protectcell.com; or by writing ProtectCELL at 39500 High Pointe Blvd., Suite 250, Novi, MI 48375.
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General Terms And Conditions of ProtectCELL CLOUD Services

Form: PCCLD-NA-052013

Below are the subscriber terms and conditions (“Agreement”) for using the ProtectCELL CLOUD in connection with the service from ProtectCELL CLOUD, LLC d/b/a ProtectCELL (“Provider”).

The use of the ProtectCELL CLOUD proposed by Provider as well as the use of this Site implies full and complete acceptance of these terms and conditions by the user. The use of certain ProtectCELL CLOUD features implies that the user certifies that he is of legal age and has read and accepted the General Terms and Conditions. The user acknowledges that he has been fully informed and that he is bound by all the provisions of the General Terms and Conditions.  If the user does not agree to (or cannot comply with) all of the terms and conditions of this Agreement, the user does not have the right to use the Site and must not install, download or use ProtectCELL CLOUD

SITE PROPERTY
This site as well as the ProtectCELL CLOUD software is under the exclusive license of ProtectCELL CLOUD, LLC, d/b/a ProtectCELL.

PURPOSE
The purpose of these General Terms and Conditions is to define the modalities and conditions under which ProtectCELL CLOUD allows Internet and mobile Internet (WAP) users to download the ProtectCELL CLOUD software for mobile phones from the site www.protectcell.com. A user is any natural or legal person taking advantage of access to the Internet, mobile Internet and to the http://www.protectcell.com site. Any use of any of the ProtectCELL CLOUD service implies that the user provided their full and complete acceptance of the General Terms and Conditions. Provider retains the right in its sole discretion to modify these user conditions, with or without notice, without liability to the user.

GENERAL FUNCTIONING
Downloading the software: In order to have access to downloading, the user must enter the requested information and accept these General Terms and Conditions. After registration, the software may be downloaded in two ways from the www.digitalleash.com Internet site: the user will receive a SMS sending him to the WAP site, or by going directly to the www. protectcell.com/ mobile Internet site. After having installed the software on his mobile phone, the user will then have access to the services proposed by it. Downloading gives the user a user's license. But in no case does he become owner of the software. Any reproduction or redistribution that does not respect the General Terms and Conditions constitutes an infringement of copyright and will be subject to penal sanctions. Consequently, subject to the terms and conditions of this Agreement, Provider grants to the user a personal, non-exclusive, non-transferable, non-sub licensable and non-commercial limited license to install one object code version of the software on one wireless communications device (“Device”) and to use ProtectCELL CLOUD on such Device in accordance with the Documentation.

Use of the software:
The software, depending upon version, makes it possible to:
  • Back up the user's mobile phone address book and its mobile phone files onto the www. protectcell.com Internet site & WAP site
  • Restore the user’s mobile phone address book and files on its phone
  • Visualize and manage his address book and files from the www. protectcell.com Internet site and WAP site
  • Share files by backing them up on the servers and sending SMS with a link to friends
  • Import contacts from sites such as Gmail, Yahoo Mail, Hotmail / Windows Live, and Facebook
  • Export pictures to sites such as Flickr, Blogger, Facebook , Twitter, Picasa, and Tumblr
  • Export videos to sites such as Youtube and Twitter
  • Aggregate feeds from social networks such as Facebook and Twitter
Sites to which to import files or contacts from or export files or contacts to might be added or removed from time to time, without notice from Provider. All backups and restoration are done over-the-air and require access to the mobile Internet or a phone equipped with Wi-Fi. In the case of sending invitation or file sharing SMSs, the user shall:
  • send no message that may contravene messages that are violent, pornographic, or in effect bring prejudice to human dignity,
  • send a text message only to people wishing to receive this type of message,
  • send no message to a recipient who may sustain harm resulting from such a message,
  • not harass in any way whatsoever nor induce in error the recipient of a text message, and respect the recipient’s privacy.

The user of the ProtectCELL CLOUD software is solely responsible for sending any messages as well as the contents of messages sent.

MINIMAL CONDITIONS
The user must be equipped with a mobile phone equipped with a mobile Internet connection in order to access the proposed services. The software is compatible with mobile phones using the Android, Blackberry, and iPhone operating systems.

In addition, the user is solely responsible for expenses generated by these connections and these accesses. Provider and its www.digitalleash.com site may in no way be held responsible for damages brought about by downloading to the user's computer system and/or telephone.

COSTS & FEES
All fees related to the user’s subscription to and use of ProtectCELL CLOUD shall be charged to the user by Provider. The user agrees to pay Provider the applicable fees for the services subscription in accordance with Provider’s payment terms and conditions. The user acknowledges that Provider will continue to charge the user for the services as long as the subscription to services remains active and regardless of whether or how often the user actively uses ProtectCELL CLOUD If the user fails to pay such subscription fees to Provider, the services provided pursuant to this Agreement may be terminated.

User retains the right to cancel their subscription to Provider services at any time.

TERM AND TERMINATION
This Agreement is effective for the term of the ProtectCELL CLOUD subscription purchased by the user and may be terminated by the user at the end of a billing cycle by notifying Provider. If there is a change in the law or any regulation limiting Provider ability to provide the Site or the Services, or if Provider consider that the user have breached any of these Terms and Conditions or otherwise behaved inappropriately when using the Site or any service on the Site. Provider reserves the right to:
  • delete any material or content which the user may have posted without notice to the user;
  • close the user account(s), and/or delete any information the user may have stored;
  • take measures (including terminating, suspending or restricting user’s access) to prevent the user from using the Site and services.

If the user’s access to the Site and Services is terminated, for whatever reason, the user’s right to use the Site and Services immediately ceases and Provider has no obligation to maintain any content or date in the user’s account.

PRIVACY AND LEGAL PROVISIONS
The user authorizes Provider to obtain necessary personal information from its Device and permit Provider to collect data related to its use of ProtectCELL CLOUD. The use and collection of such information shall be in accordance with Provider’s Privacy Policy.

RESPECT FOR THE RIGHT OF INTELLECTUAL PROPERTY
All copyright, trademark rights, database rights, patent rights and any other intellectual property rights in text, graphics, audio, video or image files, content software, data and information displayed on, or available from the Site and/or Services belong to or are licensed by Provider. The user agree that all these materials are available for its personal use only, and the user may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any such materials without the express authorization of Provider.

CONNECTIONS / LINKS
Provider or third parties may include links to other Web sites or other Internet sources. Insofar as Provider cannot control these sites and external sources, the user recognizes that Provider cannot be held responsible for making these sites and external sources available and cannot be held responsible for the contents, advertising, products, and services, etc., available on or from these sites or external sources. For further information on the legal provisions of these sites, the user may contact Provider directly at www.protectcell.com. In addition, the user recognizes that Provider cannot be held responsible for any damages or losses resulting from or with relation to the use of the content available on or from the site.

DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ProtectCELL CLOUD, THE DOCUMENTATION AND ALL SERVICES PROVIDED BY PROTECTCELL AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS ARE PROVIDED "AS IS," AND PROTECTCELL AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY TYPE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER (OR PORTIONS OF THIS DISCLAIMER) MAY NOT APPLY TO THIS USER. THIS DISCLAIMER OF WARRANTY PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY
IN NO EVENT SHALL PROTECTCELL AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY DATA, ARCHIVED DATA, THE USE OR INABILITY TO USE ProtectCELL CLOUD OR THE DOCUMENTATION, OR ANY SERVICES PROVIDED BY PROVIDER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE USER AGREES THAT IN NO EVENT SHALL PROVIDER’S CUMULATIVE LIABILITY TO THE USER OR ANY THIRD PARTY, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNTS PAID BY THE USER FOR THE USE OF ProtectCELL CLOUD, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO THIS USER. THIS LIMITATION OF LIABILITY PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FORCE MAJEURE
Provider shall not be liable for nonperformance, delay, errors, data loss or corruption or other loss caused by any event beyond Provider’s reasonable control, including, but not limited to, acts of God, war, hostilities, terrorist acts, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

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ID Theft Support™ Terms & Conditions


ID Theft Support powered by LifeLock is offered subject to the LifeLock Privacy Policy and Terms and Conditions. This is a promotional offer and for the purposes of this program you are considered a LifeLock member in good standing upon enrollment in the ID Theft Support protection program.  The benefits under the Service Guarantee are provided under a Master Insurance Policy underwritten by State National Insurance Company.  Please see the actual policy for applicable terms, conditions and exclusions of coverage which may be accessed through the  summary of benefits.

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ProtectCELL Open Enrollment

Form: PCOE-MBR-11132013

STATE OF WASHINGTON RESIDENTS: Click here for terms and conditions.

  1. ProtectCELL COMPLETE - PLAN OVERVIEW
    1. ProtectCELL OPEN Enrollment ("Plan") provides its members with certain benefits and privileges. With the purchase of a membership in the Plan ("Membership"), members are entitled to purchase discounts for certain wireless or technology related products and services and other benefits described below, subject to the conditions and limitations of these Terms and Conditions ("Terms").
    2. Please read the Terms carefully. The Terms are between Digital Leash, LLC d/b/a ProtectCELL ("ProtectCELL") and any purchaser of the Membership ("Member"), and establish and govern the respective rights and obligations of ProtectCELL and Member under the Plan. Upon the Member's purchase of the Membership, the Member accepts and agrees to the Terms and shall be bound by all the Terms. No employee, agent or representative of ProtectCELL or any Authorized Dealer (as defined below) is authorized by ProtectCELL to make any statement, representation or warranty on behalf of ProtectCELL, the Plan or Membership, provide any other information to Member regarding ProtectCELL, the Plan or Membership not expressly contained in the Terms or waive any provision of the Terms. In the event of any conflict between the Terms and any other statement, information or representation made by ProtectCELL, any Authorized Dealer (as defined below) or any of their respective employees, agents or representatives, the Terms shall prevail.
  2. MEMBERSHIP REQUIREMENTS
    1. Membership is available for purchase by all individuals eighteen (18) years of age or older, subject to the Terms.
    2. Member must have purchased a wireless or technology related product or service (the "Member Device") from an authorized dealer ("Authorized Dealer").
    3. Requests will not be honored within the first thirty (30) days after Plan purchase date, as stated in Section 3. B. 1.
    4. Member must not be in breach of any material term of, or have engaged in fraud with respect to, the Terms or ProtectCELL.
    5. ProtectCELL reserves the right to accept or reject any purchase of the Membership in the Plan in its sole discretion.
  3. PLAN BENEFITS
    1. During the term of the Membership ("Membership Term"), the Plan offers Member various purchase discount benefits or other value added services or products ("Discount Benefits") summarized below in this Section. Any terms or conditions associated with Discount Benefits are available for review at www.protectcell.com.
      1. Purchase discounts on certain wireless or technology accessories offered by a participating Authorized Dealer from which Member purchased his/her Member Device. ProtectCELL may, in its sole discretion, from time to time and without prior notice to Member, add, remove or otherwise modify any of the Discount Benefits offered by the Authorized Dealer. Please see Authorized Dealer for more details and limitations.
      2. Access to ProtectCELL's online Rewards Mall located at www.protectcellrewards.com ("ProtectCELL Rewards Mall") offering purchase discounts on merchandise from national retailers, local retailers, restaurant chains among many others. ProtectCELL may, in its sole discretion, from time to time and without prior notice to Member, modify the Discount Benefits offered at the ProtectCELL Rewards Mall. Please visit ProtectCELL Rewards Mall for more details and limitations.
      3. Access to ProtectCELL's web applications, to include security applications or Discount Benefits hosted by ProtectCELL partners. Member agrees that ProtectCELL may, in its sole discretion and without prior notice to Member, share Member's enrollment information with partner companies for the purposes of delivering web-hosted applications.
      4. Access to other benefits that ProtectCELL may, in its sole discretion, offer as part of a bundle of value added services or products. Terms and conditions related to such other benefits (such as ProtectCELL Device Buyback Program) are available at www.protectcell.com.
    2. A Member who purchases the Member Device and Membership Plan may make a request to receive and use a ProtectCELL Certified wireless device or other related technology device ("ProtectCELL Device") for up to twelve (12) months for wireless cellphone devices and twelve (12) months for tablet, netbook or computing devices in place of the Member Device ("ProtectCELL Device Benefits," and together with Discount Benefits, "Plan Benefits"), subject to the following conditions:
      1. Members must wait thirty (30) days from the Plan Purchase Date to request and receive a ProtectCELL Device under the Membership Plan.
      2. ProtectCELL will attempt to provide a ProtectCELL Device with similar style and features as the Member Device (of like kind and quality to the Member Device).
      3. If the ProtectCELL Device requires a battery charger that is different from the charger associated with the Member Device, ProtectCELL will provide such required charger with the ProtectCELL Device.
      4. ProtectCELL does not guarantee that the ProtectCELL Device will be the same color as the Member Device.
      5. For each request by Member of a ProtectCELL Device, ProtectCELL shall charge Member an administrative fee in the amount set forth in Schedule I in Section 17 below (the "Administrative Fee"); provided, that ProtectCELL reserves the right to charge Member a higher Administrative fee should the Member want a ProtectCELL Device with different features, functionalities or capabilities than the feature, functionalities or capabilities of the Member Device. ProtectCELL reserves the right to perform address or other verification procedures related to the form of payment being tendered by the Member to ensure proper delivery of the device and delivery of benefits under the Plan.
      6. Member is eligible to receive a ProtectCELL Device, if at the time of Member's request of the ProtectCELL Device, the Member Device is not eligible for replacement, repair or maintenance service under the Member Device's manufacturer's warranty or an extended warranty or service contract. ProtectCELL reserves the right to return the device to Member if the device is covered under any other warranty and such warranty will provide the Member with a replacement device in exchange for their original device.
      7. ProtectCELL will deliver the ProtectCELL Device to Member at the last known address of Member in ProtectCELL's records or the address provided to ProtectCELL by Member at the time of his/her request for the ProtectCELL Device. Should member request delivery to an address other than the last known address, ProtectCELL reserves the right to request proof of the new address or other address verification. ProtectCELL will deliver the Device using the method of its choice which typically results in Member receiving the ProtectCELL Device within two business days of his/her request. ProtectCELL reserves the right to offer to Member shipping options for ProtectCELL's delivery of the ProtectCELL Device to Member, but such other shipping options may increase the cost to the Member to receive delivery of the ProtectCELL Device above the Administrative Fee set forth in Schedule I in Section 17 below. Should the Member desire delivery to a location other than the last known address of Member in ProtectCELL's records, ProtectCELL reserves the right to perform necessary verification of the identity of the Member or require proof of a change in address.
      8. Member will accept receipt of the ProtectCELL Device when delivered to Member by ProtectCELL, unless ProtectCELL delivered such ProtectCELL Device to Member in error. If, for any reason, Member fails or refuses to accept receipt of the ProtectCELL Device when delivered to Member after Member's request for the ProtectCELL Device, Member shall not be entitled to a refund of the Membership Fee (as defined below).
      9. Upon Member's request for a ProtectCELL Device, permitted after the first 30 days of the Membership Term, Member shall be entitled, notwithstanding any cancellation of the Membership by Member pursuant to Section 9 below, upon receipt of the ProtectCELL Device, to use the ProtectCELL Device for up to twelve (12) months for wireless cellphone devices and up to twelve (12) months for tablet, netbook or computing devices from the date of ProtectCELL's receipt of the Member's request for the ProtectCELL Device ("ProtectCELL Device Period").
      10. Upon delivery of the ProtectCELL Device to Member, ProtectCELL will provide to Member the applicable manufacturer's instructions on the use of the ProtectCELL Device.
      11. Member will use the ProtectCELL Device in a careful and proper manner and in accordance with the manufacturer's instructions and specifications and the service agreement between Member and the applicable wireless communications service provider.
      12. Member agrees that he/she will not:
        1. deface the ProtectCELL Device; or
        2. assign, rent, sublet, sell, attempt to dispose of, grant any interest in or otherwise transfer the ProtectCELL Device to any third party without first contacting ProtectCELL.
          1. If the ProtectCELL Device is not in complete working order when Member receives delivery of the ProtectCELL Device or it subsequently malfunctions within fourteen (14) days of Member's receipt of the ProtectCELL Device, Member shall promptly notify ProtectCELL by phone of such malfunction. ProtectCELL will provide a shipping tag to Member for Member to use to return the malfunctioning ProtectCELL device to ProtectCELL. Provided that Member is then in compliance with these Terms, ProtectCELL will provide another ProtectCELL Device to Member upon receiving notification that the shipping tag has been activated, and Member shall have the right to use the subsequently delivered ProtectCELL Device for the duration of the ProtectCELL Device Period. Member agrees to return to ProtectCELL the previously delivered ProtectCELL Device that has malfunctioned for inspection by ProtectCELL within seven (7) days after Member receipt of the subsequently delivered ProtectCELL Device.
          2. If the ProtectCELL Device malfunctions after fourteen (14) days of its receipt by Member, Member shall promptly notify ProtectCELL of such malfunction. Provided that Member is then in compliance with these Terms, ProtectCELL will provide another ProtectCELL Device to Member as soon as commercially reasonable after either (i) Member provides ProtectCELL with Member's credit card number to hold for payment of a potential Fee of $300, or (ii) Member has shipped to ProtectCELL and ProtectCELL has received and inspected the malfunctioning ProtectCELL Device and determined that the previously delivered ProtectCELL Device does not have a defect, damage or malfunction caused by Member's neglect or misuse of the previously delivered ProtectCELL Device. Member agrees to return to ProtectCELL the previously delivered ProtectCELL Device that has malfunctioned for inspection by ProtectCELL within seven (7) days after Member receipt of the subsequently delivered ProtectCELL Device. If Member provides ProtectCELL with Member's credit card number to hold for payment of a potential Administrative Fee and Member fails to return the malfunctioning ProtectCELL Device to ProtectCELL within such seven-day (7-day) period or, after ProtectCELL receives the malfunctioning ProtectCELL Device from Member, ProtectCELL determines that the malfunctioning ProtectCELL Device has a defect, damage or malfunction caused by Member's neglect or misuse of the previously delivered ProtectCELL Device, ProtectCELL shall charge Member's credit card for the applicable Administrative Fee in Schedule I in Section 17 below.
        3. During the ProtectCELL Device Period, the ProtectCELL Device shall be subject to the same terms, conditions and services provided by any applicable Communications Service Provider with respect to the Member Device under such Communications Service Provider’s wireless communications service agreement with Member.
      13. At the end of the ProtectCELL Device Period, ProtectCELL may contact Member regarding the procedures for returning the ProtectCELL Device to ProtectCELL for recycling. Upon receipt of the ProtectCELL Device by ProtectCELL, ProtectCELL will return the deposit portion of the Administrative Fee to the Member within ten (10) business days.
      14. The Member acquires the right to use the ProtectCELL Device during the ProtectCELL Device Period. During the Membership Term, Member shall not permit any person to perform any service to, or replace any parts of, the ProtectCELL Device, without prior written approval from ProtectCELL.
  4. MEMBERSHIP NUMBER
    1. Upon purchase of the Membership, ProtectCELL will issue or cause to be issued to Member, a membership number. The membership number is not transferable and may only be used by the Member to whom the membership number is issued. Member will notify ProtectCELL and the Authorized Dealer if Member becomes aware of any unauthorized use of Member’s membership number.
  5. MEMBERSHIP FEES
    1. Member will pay an upfront enrollment fee ("Membership Fee") including applicable taxes, if any, upon purchasing the Membership Plan based on the length of the Membership selected by Member and the type of Member Device as set forth in Schedule I in Section 17 below.
    2. Member will pay the Membership Fee and applicable taxes, if any, to the Authorized Dealer, at the time Member purchases the Membership Plan. Refunds of the Membership Fee and any taxes paid are subject to Members' cancellation rights provided in Section 9 below.
    3. The "Membership Plan Purchase Date" is the date the Membership Fee was paid.
    4. Return or Cancellation within Thirty (30) Days of Purchase. A "Return" is defined as a Member's request to cancel the Membership Plan within thirty (30) days of the Membership Plan Purchase Date, and is subject to approval. Member must deliver to ProtectCELL a written request to cancel the plan. With an approved Return, the Member will receive all funds paid toward the Membership Fee. A Return will not be approved if a Request has been made against the Membership Plan or Device Buyback has been used. Returns may be processed by the Authorized Dealer that sold the Membership Plan or by ProtectCELL directly.
    5. Refund or Cancellation More than Thirty (30) Days after Purchase. A “Refund" is defined as a customer's request to cancel the Membership Plan made between the second (2nd) and twelfth (12th) months starting from the Membership Plan Purchase Date, and is subject to approval. Member must deliver to ProtectCELL a written request to cancel the plan. With an approved Refund, the Member receives a prorated refund of the Membership Fee and taxes paid on the Membership Plan Purchase Date. A request for Refund will not be approved if a Request has been made against the Membership Plan or Device Buyback has been used. A Processing Fee of $20.00 applies to each Refund. All Refunds are handled exclusively by ProtectCELL; Authorized Dealers are unable to process Refunds.
  6. LOSS OF, OR DAMAGE TO, THE PROTECTCELL DEVICE
    1. In Texas: This Section 6 does not apply.
    2. In the event of any loss, damage, destruction, theft or disappearance of the ProtectCELL Device which Member has not previously returned to ProtectCELL ("Loss”), Member must immediately, and in any event, no later than within 24 hours of Member becoming aware of such Loss, notify ProtectCELL of such Loss.
    3. The Administrative Fee set forth in Schedule 1 in Section 17 below includes a charge for an optional waiver ("Waiver”) of Member’s responsibility for any Loss. As a result of this Waiver, Member is not responsible for any Loss, regardless of the cause or circumstances subject to 6.C. below. Accordingly, Member will receive the right to use another ProtectCELL Device after the payment of the Administrative Fee set forth in Schedule 1 in Section 17 below. If Member desires to be liable for any Loss, Member may decline the Waiver and each Administrative Fee set forth in Schedule 1 will be reduced by $5.
    4. Notwithstanding anything herein to the contrary, the Waiver shall not cover, and the Member shall remain liable to ProtectCELL for, any and all Loss resulting from any of the following circumstances: (a) the use or operation of the ProtectCELL by Member for a purpose or in manner for which it was not designed, (b) intentional, willful or wanton misuse, abuse or mishandling of the ProtectCELL Device by Member, (c) violation of any of the Terms by Member or (d) intentional, dishonest, fraudulent or criminal acts by Member.
  7. TERM OF MEMBERSHIP
    1. There is a thirty-day (30-day) waiting period for Requests under the Membership Plan.
    2. Membership will become effective upon Member’s payment of the Membership Fee to the Authorized Dealer, for the benefit of ProtectCELL, and will remain effective for a period of one (1) year from the day Member purchased the Membership.
    3. During the Membership Term, if Member transfers a telephone number associated with the Member Device to a new wireless or technology product owned by Member and purchased by Member from the Authorized Dealer, the Membership will become effective with respect to such new wireless or technology product on the 15th day following the date on which such new wireless or technology product is activated for service by the applicable wireless communications service provider. ProtectCELL may require the payment of additional membership fees should the new device be of a different type than the original device. ProtectCELL may require proof from Member of any transfer of the telephone number associated with the Member Device to a new wireless or technology device.
  8. CERTAIN CONDITIONS
    1. Plan Benefits are valid only on eligible purchases at the participating Authorized Dealers and ProtectCELL Rewards Mall.
    2. Plan Benefits have no cash value, may not be redeemed for cash and are not transferable.
    3. For any Plan Benefit to apply, the Membership must be active and available at the time of purchase. Member will NOT be reimbursed retroactively for purchases made without active Membership at the time of purchase.
    4. Discount Benefits will be applied in consideration of all other eligible discounts and deductions (e.g., coupons, seasonal sale discounts, etc.) solely at the discretion of the participating Authorized Dealer or ProtectCELL Rewards Mall retailers, unless specifically stated.
    5. At the time of purchase of the Membership, Member shall submit to the Authorized Dealer, for the benefit of ProtectCELL, accurate and current information in connection with the Membership. Such information includes name, address, email address, and telephone number. It shall be Member's responsibility to make any necessary changes to Member's account information so that such information remains accurate and current during the Membership Term and ProtectCELL Device Period, as applicable. Member may change his/her account information by (i) updating Member profile data at the ProtectCELL Website www.protectcell.com, (ii) contacting ProtectCELL at 1.877.775.3274 or (iii) contacting the Authorized Dealer. ProtectCELL shall not have any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.
  9. CANCELLATION; TERMINATION
    1. Member may cancel his/her Membership at any time by delivering a written notice of cancellation to ProtectCELL, subject to the conditions in Sections 5.D. and 5.E. above.
    2. The date on which ProtectCELL receives a written cancellation notice from Member shall be the effective date of cancellation of the Membership.
    3. If Member requests the ProtectCELL Device and cancels such request after ProtectCELL has shipped the ProtectCELL Device but before Member receives delivery of the ProtectCELL Device, Member will be charged an Administrative fee as set forth in Schedule I in Section 17 below, and upon receipt of ProtectCELL Device by Member, Member shall immediately return the ProtectCELL Device to ProtectCELL.
    4. In the event that Member requests a ProtectCELL Device and ProtectCELL is unable to fulfill delivery of such ProtectCELL Device for any or no reason, ProtectCELL may cancel this Membership by notifying the Member of such inability and refunding the full Membership Fee to such Member.
    5. ProtectCELL may terminate the Membership, without any reason in its sole discretion, including, without limitation, ProtectCELL's belief that the continued use of the Membership by the Member would violate any provisions of the Terms, applicable law, or otherwise be harmful to ProtectCELL. In the event of any such termination, Member will be entitled to a pro rata refund of the Membership Fee (net of the amount paid to the Authorized Retailer) based on the number of days remaining in the Membership Term; provided, however, that Member must first return to ProtectCELL any ProtectCELL Device in his/her possession before ProtectCELL is obligated to pay such refund.
      1. In the event of ProtectCELL's termination of the Plan, Member will be entitled to a pro rata refund of the Membership Fee, net of the amount paid to the Authorized Retailer, based on the number of days remaining in the Membership Term.
      2. In the event of ProtectCELL's termination of the ProtectCELL Device Benefits, at Member's election, ProtectCELL will either maintain Member's Plan Benefits until expiration of the term of the Membership or refund the Member a pro rata portion of the Membership Fee for the remaining portion of the Membership Term.
      3. In the event of ProtectCELL's termination of any or all of the Discount Benefits, but not the ProtectCELL Device Benefits, at ProtectCELL's election, ProtectCELL will either maintain Member's Plan Benefits until expiration of the term of the Membership or refund the Member a pro rata portion of the Membership Fee for the remaining portion of the Membership Term.
      4. ProtectCELL shall have no obligation to pay any refunds payable to Member under this Section 9.E. until ProtectCELL has received from Member any ProtectCELL Device in such Member's possession.
      5. ProtectCELL may terminate the Plan or any or all of the Plan Benefits, in whole or in part, at any time with or without notice to Member, including without limitation, if Member makes a request for the ProtectCELL Device with the intent personally to profit (e.g., selling the phone we ship them, giving it to someone else, etc.) from use of the ProtectCELL Device, Member intentionally causes damage to the ProtectCELL Device, or Member intentionally voids or breaches the manufacturer's extended warranty or a service contract covering the Member Device.
  10. HOW TO MAKE A REQUEST
    1. Contact ProtectCELL by phone at 1.877.775.3274 between the hours of 9:00 AM and 6:00 PM eastern standard time, or visit www.protectcell.com and log in to your account to make a Request online.
    2. A 30-day waiting period applies to requests made under ProtectCELL OPEN Enrollment.
  11. CONTACT INFORMATION
    1. Please contact ProtectCELL:
      1. By phone at 1.877.775.3274;
      2. By email at www.protectcell.com; or
      3. By writing ProtectCELL at 39500 High Pointe Blvd, Suite 250, Novi, MI 48375. ATTENTION: Customer Service.
  12. CHANGES TO THE TERMS
    1. ProtectCELL may, in its sole discretion, change the Terms at any time without notice or liability by posting revised Terms and Conditions on the ProtectCELL Website. Any changes shall take effect immediately, unless otherwise provided. Member may view the current version of these Terms at any time by visiting the ProtectCELL Website. Member may also obtain a copy of the Terms at the Authorized Dealer or by contacting ProtectCELL in accordance with Section 11 above.
  13. DISCLAIMERS; LIMITATION OF LIABILITY
    1. NONE OF THE PLAN, THE MEMBERSHIP, WAIVER OR ANY OF THE PLAN BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
    2. USE OF THE PLAN AND ANY OF THE PLAN BENEFITS IS AT MEMBER’S SOLE RISK. THE PLAN BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    3. PROTECTCELL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS, AND THE AUTHORIZED DEALER ("PROTECTCELL ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLAN AND ANY OF THE PLAN BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
    4. PROTECTCELL ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE PLAN WILL MEET MEMBER’S REQUIREMENTS, (ii) THE PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER FROM MEMBERSHIP IN THE PLAN WILL MEET MEMBER’S EXPECTATIONS.
    5. PROTECTCELL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTECTCELL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLAN OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE PLAN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLAN’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PLAN.
    6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  14. ARBITRATION
    1. In the event of any dispute among the parties as to the interpretation of any provision of these Terms or the rights and obligations of any party hereunder, such dispute shall be resolved through binding arbitration as hereinafter provided.
    2. If arbitration is required to resolve a dispute among the parties, the parties will notify the Detroit Regional Office of the American Arbitration Association ("AAA”) located in Southfield, Michigan, and request AAA to select one person to act as the arbitrator for resolution of the dispute.
    3. The arbitrator selected pursuant to Section 14.B. will establish the rules for proceeding with the arbitration of the dispute, which will be binding upon all parties to the arbitration proceeding. The arbitrator may use the rules of the AAA for commercial arbitration but is encouraged to adopt the rules the arbitrator deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible.
    4. The arbitrator will have the exclusive authority to determine and award costs of arbitration and the reasonable expenses and costs incurred by any party for its attorneys, advisors and consultants.
    5. Any award made by the arbitrator shall be binding on the Member and ProtectCELL and shall be enforceable to the fullest extent of the law.
    6. Nothing in this Section 14 shall preclude ProtectCELL from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).
  15. GOVERNING LAW
    1. The Membership, the Plan, the Plan Benefits and the Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
  16. MISCELLANEOUS
    1. These Terms, including all documents referenced herein, represent the entire understanding between ProtectCELL and the Member with respect to the Plan and the Membership and supersedes any other agreements, statements or representations.
    2. No waiver by ProtectCELL of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
    3. The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
  17. SCHEDULE I
    1. Standard
      1. Definition of Standard Member Device: Standard or Feature mobile phones that do not require a data package from a wireless carrier; includes air cards and MiFi Devices.
      2. Membership Term/Membership Fee - One-year (1-year) Term: $59.99
      3. Administrative Fee for ProtectCELL Device
        1. First Request: $50.00
        2. Second and subsequent requests: $80.00
        3. Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)
    2. Smart
      1. Definition of Smart Member Device: Mobile phones or devices that require a data package from the wireless carrier.
      2. Membership Term/Membership Fee - One-year (1-year) Term: $99.99
      3. Administrative Fee for ProtectCELL Device
        1. First Request: $125.00
        2. Second and subsequent requests: $150.00
        3. Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)
    3. Premium
      1. Definition of Premium Member Device: Advanced devices including new launch smart phones and devices that are referenced as tablets, netbooks, or other computing type device.
      2. Membership Term/Membership Fee - One-year (1-year) Term: $129.99
      3. Administrative Fee for ProtectCELL Device
        1. First Request: $150.00
        2. Second and subsequent requests: $200.00
        3. Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5)


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