Device Care Program
Terms & Conditions
These terms and conditions (“Terms”) govern the Device Care Program (“Program”) and the discounted smartphone repair services (“Repair(s)”) provided under the Program. Please read them carefully. By purchasing the Program, you agree to be bound by these Terms. If you have any questions about these Terms, please contact Us using the details below. The Program is only available to individuals age 18 or older.
1. WHO WE ARE & HOW TO CONTACT US
1.1. The Program is provided by Lorica, LLC (“We,” “Our,” and “Us”) and its authorized repair partners (“Service Providers”). All Repairs must be completed by Our Service Providers.
1.2. You can contact Us by visiting the Portal on our website at www.assurantprotection.com/cpr, emailing Us at email@example.com or calling Us at 1-800-357-5629.
1.3. If We or Our Service Providers need to contact you, We will telephone or email you using the contact details which you have provided to Us. If your contact details change you should let Us know immediately via the contact method above.
2. ELIGIBILITY REQUIREMENTS
2.1 Device Registration and Onboarding. You must register your smartphone (“Device”) with Us through the Device Care portal (“Portal”) at www.assurantprotection.com/cpr and pass Our onboarding and diagnostics test (“Device Onboarding”).
2.2 Program Start Date. This Program begins immediately upon purchase.
2.3 Upgrade Device. Should you need to replace your Device with a new smartphone during the Program term, you may do so by removing your old Device in the Portal as well as registering and successfully completing Device Onboarding for your replacement device.
2.4 Minimum Eligibility Requirements. Not all Devices are supported. As part of Device Onboarding, We will confirm your Device meets the minimum eligibility requirements, including, but not limited to, minimum system and functionality requirements.
2.5 Fraud Checks. We have the right to perform screenings designed to identify fraud. If We identify fraud We may determine, in Our sole discretion, that you are not eligible for the Program.
2.6 Term. The Program term is month to month and begins on the Program Start Date. It will renew automatically until cancelled by you or Us.
2.7 Program Month. The Program Month is each monthly period for which you have paid the Program price, beginning on the date corresponding to the Program Start Date and ending one (1) month later. For example, if your Program Start Date is June 15th, your Program Month will be the 15th of each month through the 14th of the following month.
3. REPAIR TYPES AND REPAIR FEE
3.1 Repair Types and Number of Repairs. Repair eligibility begins on the date you successfully register and complete your Device Onboarding (“Device Registration Date”). Our Program entitles you to the following types of Repairs as well as the number of repairs for your Device:
Number of Repairs
Cracked Screen+, Device Buttons, Device Charging Ports
Two (2) eligible repairs each twelve (12) months beginning on the Program Start Date
*Battery maximum health capacity must be <75%
+ Cracks to the back glass of a Device are not eligible for repair.
3.2 Discounted Repair Fee. A $39 discounted fee, is due from you each time you schedule a Repair (“Repair Fee”). Repair Fees are subject to tax if applicable.
4. PROGRAM CANCELLATION.
4.1 You may cancel this Program at any time through the Portal.
4.2 Please allow at least five (5) days for Us to process your cancellation request. Your cancellation will be effective on the last day of the Program Month (“Cancellation Effective Date”). Our Service Providers will Repair any Device scheduled for Repair prior to the Cancellation Effective Date. You will not be entitled to any Repairs scheduled or rescheduled after the Cancellation Effective Date. There is no refund for monthly pay.
4.3 We may cancel your participation in the Program immediately for (i) nonpayment of the price due for any billing cycle; (ii) fraud or material misrepresentation; or (iii) material breach of duties by you.
5. REPAIR SERVICES, SERVICE PROVIDER AVAILABILITY AND SCHEDULING
5.1 Drop-Off Repair Services. Our Service Providers are available for you to drop off your Device at Our Service Provider’s retail location (“Drop-Off Repair”).
5.2 Service Provider Availability. The availability of Drop-Off Repair varies by location, Device type, and type of Repair. We will advise you of the options available to you at the time you schedule your Repair.
5.2.1 Drop-Off Repair Hours of Operation. The hours of operation for our retail Service Providers vary by location, including holidays. PLEASE CONFIRM SERVICE PROVIDER HOURS OF OPERATION BEFORE DROPPING OFF YOUR DEVICE.
5.2.2 Drop-Off Repair Window. You will have seven (7) Business Days from the date you schedule your Repair to drop off your Device at Our Service Provider’s retail location (“Repair Window”). “Business Days” are Monday through Saturday, including holidays. If you schedule your request before 12:00PM, local time, your Repair Window begins on the same day you scheduled your Repair. If you schedule your request after 12:00PM, local time, your Repair Window begins the next calendar day after you schedule your Repair.
5.3 Scheduling Repairs. You can schedule Repairs by logging into www.devicecarenow.com/cpr. A Repair must be requested within thirty (30) days of discovery of the issue or incident that necessitates the Repair.
5.4 Repair Service Cancellations. You may cancel or reschedule your Repair at any time during your Repair Window. If you cancel your Repair prior to the end of your Repair Window, We will refund your Repair Fee. IF YOU DO NOT DROP OFF YOUR DEVICE DURING THE REPAIR WINDOW, YOUR REQUEST FOR REPAIR WILL BE CANCELLED, YOU WILL FORFEIT YOUR REPAIR, AND YOU WILL NOT RECEIVE A REFUND OF YOUR REPAIR FEE.
6 HOW OUR SERVICE PROVIDERS PERFORM REPAIRS
6.1 Service Provider Standards. Our Service Providers perform Repairs using reasonable skill, diligence, due care and attention.
6.2 Estimated Timeframes. At the time you schedule a Repair, Our Service Provider will provide an estimated timeframe to complete the Repair. While Our Service Providers will use reasonable efforts to meet that timeframe, it is only an estimate. Neither We nor Our Service Providers are responsible for any delays that are outside of Our or Our Service Providers’ reasonable control (for example, a shortage of parts). If there is a risk of substantial delay, We will contact you promptly. You may choose to retrieve your Device from Our Service Provider, cancel your repair, or reschedule your Repair. Most Drop-Off Repairs are completed within two (2) hours. If the timeframe to complete a Drop-Off Repair exceeds seven (7) calendar days, you may collect your Device and We will refund your Repair Fee and, if your Repair was otherwise eligible, pay you the Repair Pledge.
6.3 Locks and Passcodes. If your Device has a passcode lock you either need to disable it before Our Service Provider starts the Repair or remain in the store for Drop-Off Repairs.
6.4 Loss of Data. Backup your data prior to your Repair and remove or protect any confidential data. Our Service Provider may need to reset your Device to the manufacturer’s original factory settings. This may delete data, stored passwords, and settings on your Device. If your Device has been unlocked for use on all networks, a factory reset can result in the Device returning to locked status. Neither We nor Our Service Provider are responsible for loss of data on your Device or for any fees you must pay to unlock your Device following the Repair.
6.5 Manufacturer Warranty. If you choose to obtain a Repair while your Device is under manufacturer’s warranty, Our Repair may void your manufacturer’s warranty. Therefore, We encourage you to first seek care under the manufacturer’s warranty from your manufacturer.
6.6 Water Proofing and Water Resistance. We do not guarantee that your Device will maintain its water proofing or water resistance seal following a Repair.
6.7 Failure to Collect Device. Any Device not collected from Our Service Provider within sixty calendar (60) days will be considered abandoned and may be disposed of according to Our company policies, which are subject to change..
7. EXCLUSIONS AND LIMITATIONS
7.1 Our responsibility for Repairs is limited solely to the repair or replacement of the parts specified for the Program Repair Types (See Repair Types). We disclaim all warranties, and have no responsibility, or liability for any repairs you may choose to receive from Our Service Provider outside of the scope of the Repair Types under the Program.
7.2 Devices that have been altered, defaced, or received modifications prohibited by the manufacturer, or Devices with a defaced or removed serial number or IMEI are not eligible for Repair under the Program.
7.3 We will not Repair malfunctions or damage that existed prior to your Device Registration Date.
7.4 We do not cover malfunctions or damage caused by a virus or any other type of malware, nor are we responsible for any loss of data.
7.5 We do not guarantee that Our Service Providers can repair damage caused by power surge, exposure to environmental or weather conditions (including rust or corrosion), improper electrical/power supply, battery leakage, or liquid damage. Additional damage, such as water damage or other non-physical damage may not be detected during Our Service Provider’s initial visual inspection. If such damage is detected, your Device may be deemed unrepairable.
7.6 No Loaners. We do not provide you with a loaner smartphone while your Device is being repaired.
7.7 No Replacements. We will not, under any circumstances, provide you with a replacement device.
8. REPAIR PLEDGE
8.1 Repair Pledge. If Our Service Providers cannot fix your Device, We will, within twenty (20) business days, refund your Repair Fee and provide you with the $150 Repair Pledge amount for the inconvenience of having to find your own repair (“Repair Pledge”). Eligibility for the Repair Pledge is subject to some exclusions, and We will determine at Our sole discretion your eligibility to receive a Repair Pledge. After receiving the Repair Pledge and completing the required repair, you must access the Portal to complete the Device Onboarding on your Device. If you do not complete and pass the Device Onboarding, the specific Repair Type for future Repairs will be unavailable to you until you resolve the issue and pass Device Onboarding.
8.2 Repair Pledge Exclusions. The Repair Pledge does not apply to Devices that are unrepairable due to damage or alterations described in Section 7 (Exclusions and Limitation) of these Terms.. Additionally, the Repair Pledge does not apply if your Device is in need of a repair that is outside of the Repair Types for your Program. If in Our sole discretion, We conclude that your Device is unrepairable but not eligible for the Repair Pledge, We will refund your Repair Fee.
9.1 You agree that any and all claims or disputes (whether in contract, tort or otherwise) relating to or arising out of these Terms, the Program or Repair, including payment disputes, shall be resolved by confidential binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA. You may obtain a copy of the AAA’s Rules by calling 1-800-778-7879. The arbitration shall be held at a location within the state in which the phone was repaired. This Contract shall be governed by the laws of the state or jurisdiction in which the arbitration is held without regard the conflicts of laws rules of that state or jurisdiction. Foreign laws do not apply. This provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. to. If any portion of this provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this provision, except that in no event shall this provision be amended or construed to permit class arbitration or arbitration on behalf of any individual other than you. You understand and agree that because of this provision, neither you nor We shall have the right to go to court or to have a jury trial, or to participate as any member of a class of plaintiffs pertaining to any claim arising out of these Terms, Repair or the Program.
10. LIMITATION OF LIABILITY
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, THE PROGRAM OR ANY REPAIRS, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE PERFORMANCE OF REPAIRS; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS; OR (5) ANY OTHER MATTER RELATING TO THE PROGRAM. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF US AND OUR SERVICE PROVIDER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF THESE TERMS OR OUR OR OUR SERVICE PROVIDER’S PERFORMANCE OF REPAIRS UNDER THE PROGRAM EXCEED AMOUNT OF THE REPAIR PLEDGE. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. YOUR PERSONAL INFORMATION
11.1 In order for Our Service Providers, including Our affiliates, to provide the Repairs we must provide them with certain information about you and your Device, including your name, contact details (such as phone number, address, email address), Device information and other requested information. Our Privacy Notice is available at https://www.assurantprotection.com/cpr/privacy-policy and describes the collection and use of personal information with respect to the provision of Repairs.