1.1. The easysurance Membership Plan (“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”).
1.2. Please read the Terms carefully. The Terms are between easysurance, Inc. and any purchaser of the Membership (“Member”), and establish and govern the respective rights and obligations of easysurance 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 easysurance is authorized by easysurance to make any statement, representation or warranty on behalf of easysurance, the Plan or Membership, provide any other information to Member regarding easysurance, 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 easysurance or any of their respective employees, agents or representatives, the Terms shall prevail.
2.1. Membership is available for purchase by all individuals eighteen (18) years of age or older, subject to the Terms.
2.2. Member must have purchased a wireless or technology related product or service (the “Member Device”) no more than 30 days prior to purchasing the membership.
2.3. Member must not be in breach of any material term of, or have engaged in fraud with respect to, the Terms or easysurance.
2.4. easysurance reserves the right to accept or reject any purchase of the Membership in the Plan in its sole discretion.
3.1. 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.easysurance.com.
3.1.3 Access to easysurance's web applications, to include security applications or Discount Benefits hosted by easysurance partners. Member agrees that easysurance 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.
3.1.4. Access to other benefits that easysurance 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 easysurance Repurchase Program) are available at www.easysurance.com.
3.2. During the Membership Term, Member is entitled, at his/her request, to receive and use a easysurance Certified wireless device or other related technology device (“easysurance 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 (“easysurance Device Benefits”, and together with Discount Benefits, “Plan Benefits”):
3.2.1 easysurance will attempt to provide a easysurance Device with similar style and features as the Member Device (of like kind and quality to the Member Device).
3.2.2. If the easysurance Device requires a battery charger that is different from the charger associated with the Member Device, easysurance will provide such required charger with the easysurance Device.
3.2.3. easysurance does not guarantee that the easysurance Device will be the same color as the Member Device.
3.2.4. For each request by Member of a easysurance Device, easysurance shall charge Member a administrative fee in the amount set forth in Schedule I attached hereto (the “Administrative Fee”); provided, that easysurance reserves the right to charge Member a higher Administrative fee should the Member want a easysurance Device with different features, functionalities or capabilities than the feature, functionalities or capabilities of the Member Device. easysurance 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.
3.2.5. Member is eligible to receive a easysurance Device, if at the time of Member’s request of the easysurance 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. easysurance 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.
3.2.6. easysurance will deliver the easysurance Device to Member at the last known address of Member in easysurance’s records or the address provided to easysurance by Member at the time of his/her request for the easysurance Device. Should member request delivery to an address other than the last known address, easysurance reserves the right to request proof of the new address or other address verification. easysurance will deliver the Device using the method of its choice which typically results in Member receiving the easysurance Device within two business days of his/her request. easysurance reserves the right to offer to Member shipping options for easysurances’ delivery of the easysurance Device to Member, but such other shipping options may increase the cost to the Member to receive delivery of the easysurance Device above the Administrative Fee in Schedule I] set forth in Schedule I below. Should the Member desire delivery to a location other than the last known address of Member in easysurance’s records, easysurance reserves the right to perform necessary verification of the identity of the Member or require proof of a change in address.
3.2.7. Member will accept receipt of the easysurance Device when delivered to Member by easysurance, unless easysurance delivered such easysurance Device to Member in error. If, for any reason, Member fails or refuses to accept receipt of the easysurance Device when delivered to Member after Member’s request for the easysurance Device, Member shall not be entitled to a refund of the Membership Fee (as defined below).
3.2.8. Upon Member’s request for a easysurance Device during Membership Term, Member shall be entitled, notwithstanding any cancellation of the Membership by Member pursuant to Section 9.1 below, upon receipt of the easysurance Device, to use the easysurance 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 easysurance’s receipt of the Member’s request for the easysurance Device (“easysurance Device Period”).
3.2.9. Upon delivery of the easysurance Device to Member, easysurance will provide to Member the applicable manufacturer’s instructions on the use of the easysurance Device.
3.2.10. Member will use the easysurance 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.
3.2.11. Member agrees that he/she will not:
18.104.22.168 deface the easysurance Device; or
22.214.171.124. assign, rent, sublet, sell, attempt to dispose of, grant any interest in or otherwise transfer the easysurance Device to any third party without first contacting easysurance.
3.2.12. (a) If the easysurance Device is not in complete working order when Member receives delivery of the easysurance Device or it subsequently malfunctions within 30 days of Member’s receipt of the easysurance Device, Member shall promptly notify easysurance by phone of such malfunction. easysurance will provide a shipping tag to Member for Member to use to return the malfunctioning easysurance device to easysurance. Provided that Member is then in compliance with these Terms, easysurance will provide another easysurance Device to Member upon receiving notification that the shipping tag has been activated, and Member shall have the right to use the subsequently delivered easysurance Device for the duration of the easysurance Device Period. Member agrees to return to easysurance the previously delivered easysurance Device that has malfunctioned for inspection by easysurance within 7 days after Member receipt of the subsequently delivered easysurance Device.
(b) If the easysurance Device malfunctions after 30 days of its receipt by Member, Member shall promptly notify easysurance of such malfunction. Provided that Member is then in compliance with these Terms, easysurance will provide another easysurance Device to Member as soon as commercially reasonable after either (i) Member provides easysurance 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 easysurance and easysurance has received and inspected the malfunctioning easysurance Device and determined that the previously delivered easysurance Device does not have a defect, damage or malfunction caused by Member’s neglect or misuse of the previously delivered easysurance Device. Member agrees to return to easysurance the previously delivered easysurance Device that has malfunctioned for inspection by easysurance within 12 days after Member receipt of the subsequently delivered easysurance Device. If Member provides easysurance with Member’s credit card number to hold for payment of a potential Administrative Fee and Member fails to return the malfunctioning easysurance Device to easysurance within such 10 day period or, after easysurance receives the malfunctioning easysurance Device from Member, easysurance determines that the malfunctioning easysurance Device has a defect, damage or malfunction caused by Member’s neglect or misuse of the previously delivered easysurance Device, easysurance shall charge Member’s credit card for the applicable Administrative Fee in Schedule I.
3.2.13. During the easysurance Device Period, the easysurance 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.
3.2.14. At the end of the easysurance Device Period, easysurance may contact Member regarding the procedures for returning the easysurance Device to easysurance for recycling. Upon receipt of the easysurance Device by easysurance, easysurance will return the deposit portion of the Administrative Fee to the Member within 10 business days.
3.2.15. The Member acquires the right to use the easysurance Device during the easysurance Device Period. During the Membership Term, Member shall not permit any person to perform any service to, or replace any parts of, the easysurance Device, without prior written approval from easysurance.
4.1. Upon purchase of the Membership, easysurance 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 easysurance if Member becomes aware of any unauthorized use of Member’s membership number.
5.1. 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.
5.2. Member will pay the Membership Fee and applicable taxes, if any, 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.
5.3 The “Membership Plan Purchase Date” is the date the Membership Fee was paid.
5.4 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. 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 easysurance directly.
5.5 Refunds. 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. 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.
5.6 For customers who purchase easysurance’s two-year Membership Plan using the easysurance 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:
5.6.1 The Membership Plan Purchase Date is the date the customer paid the first payment for the Membership Plan under the easysurance Payment Plan.
5.6.3 Requests and Device Buyback are not permitted until the Membership Fee and all required associated costs have been paid in full, i.e., all Membership Fee payments, applicable taxes, if any, that applies to the Membership Fee, and the Administrative Fee have been paid.
5.6.5 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.
5.6.6 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. 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.
5.6.7 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. 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. easysurance reserves the right to charge a Processing Fee of $20.00 for each Refund. All Refunds are handled exclusively by easysurance.
6.1. In the event of any loss, damage, destruction, theft or disappearance of the easysurance Device which Member has not previously returned to easysurance (“Loss”), Member must immediately, and in any event, no later than within 24 hours of Member becoming aware of such Loss, notify easysurance of such Loss.
6.2. The Administrative Fee set forth in Schedule 1 attached hereto 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 6.3 below. Accordingly, Member will receive the right to use another easysurance Device after the payment of the Administrative Fees set forth in Schedule 1. 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.
6.3. Notwithstanding anything herein to the contrary, the Waiver shall not cover, and the Member shall remain liable to easysurance for, any and all Loss resulting from any of the following circumstances: (a) the use or operation of the easysurance 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 easysurance Device by Member, (c) violation of any of the Terms by Member or (d) intentional, dishonest, fraudulent or criminal acts by Member.
7.1. Member must purchase the Membership within the first thirty (30) calendar days of Member’s purchase of his or her Member Device .
7.2. Membership will become effective upon Member’s payment of the Membership Fee , for the benefit of easysurance, 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.
7.3. Upon receipt by easysurance 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 easysurance a renewal Membership Fee in the amount of the then current Membership Fee applicable to the Member Device and the Membership Term.
7.4. 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 , 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. easysurance may require the payment of additional membership fees should the new device be of a different type than the original device. easysurance may require proof from Member of any transfer of the telephone number associated with the Member Device to a new wireless or technology device.
8.1. Plan Benefits are valid only on eligible purchases at the participating Authorized Dealers and easysurance Online Mall.
8.2. Plan Benefits have no cash value, may not be redeemed for cash and are not transferable.
8.3. 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.
8.4. 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 easysurance Online Mall retailers, unless specifically stated.
8.5. At the time of purchase of the Membership, Member shall submit , for the benefit of easysurance, accurate and current information in connection with the Membership. Such information includes name, email address. 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 easysurance Device Period, as applicable. Member may change his/her account information by (i) updating Member profile data at the easysurance Website www.easysurance.com, (ii) contacting easysurance at 1.888.233.9994 or . easysurance shall not have any liability for correspondence, mail or e-mail, that is lost, delayed, or misdirected.
9.1. Member may cancel his/her Membership at any time by delivering a written notice of cancellation to easysurance, subject to the following conditions:
9.1.1. If Member cancels his/her Membership within thirty (30) days after his/her purchase of the Membership, and Member has not already requested and received a easysurance Device, easysurance will refund the full Membership Fee.
9.1.2. If Member cancels his/her Membership after thirty (30) days after his/her purchase of the Membership, and Member has not already requested and received a easysurance Device, easysurance will remit to the Member a prorated refund of the Membership Fee based on the number of days remaining in the Membership Term less a $15 administrative fee.
9.1.3. The Member will receive no refund of the Membership Fee if Member has requested and received a easysurance Device.
9.2. The date on which easysurance receives a written cancellation notice from Member shall be the effeicte date of cancellation of the Membership.
9.3. If Member requests the easysurance Device and cancels such request after easysurance has shipped the easysurance Device but before Member receives delivery of the easysurance Device, Member will be charged a Administrative fee as set forth in Schedule I attached hereto, and upon receipt of easysurance Device by Member, Member shall immediately return the easysurance Device to easysurance.
9.4. In the event that Member requests a easysurance Device and easysurance is unable to fulfill delivery of such easysurance Device for any or no reason, easysurance may cancel this Membership by notifying the Member of such inability and refunding the full Membership Fee to such Member.
9.5. easysurance may terminate the Membership, without any reason in its sole discretion, including, without limitation, easysurance’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 easysurance. In the event of any such termination, Member will be entitled to a pro rata refund of the Membership Fee based on the number of days remaining in the Membership Term; provided, however, that Member must first return to easysurance any easysurance Device in his/her possession before easysurance is obligated to pay such refund.
9.5.1. In the event of easysurance’s termination of the Plan, Member will be entitled to a pro rata refund of the Membership Fee, based on the number of days remaining in the Membership Term.
9.5.2. In the event of easysurance’s termination of the easysurance Device Benefits, at Member’s election, easysurance 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.
9.5.3. In the event of easysurance’s termination of any or all of the Discount Benefits, but not the easysurance Device Benefits, at easysurance’s election, easysurance 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.
9.5.4. easysurance shall have no obligation to pay any refunds payable to Member under this Section 9.5 until easysurance has received from Member any easysurance Device in such Member’s possession.
9.6. easysurance 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 easysurance Device with the intent [personally to profit (ie. selling the phone we ship them, giving it to someone else, etc) from use of the easysurance Device, Member intentionally causes damage to the easysurance Device, or Member intentionally voids or breaches the manufacturer’s extended warranty or a service contract covering the Member Device.
10.1. Please contact easysurance:
10.1.1. By phone at (888) 233-9994;
10.1.2. By email at email@example.com;
10.1.3. By writing us at
Attn: Customer Service
3250 Laguna St #108
San Francisco, CA 94123.
11.1. easysurance may, in its sole discretion, change the Terms at any time without notice or liability by posting a revised Terms on the easysurance 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 easysurance Website. Member may also obtain a copy of the Terms by contacting easysurance in accordance with Section 10 above.
12.1. 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.
12.2. 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.
12.3. EASYSURANCE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS 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.
12.4. EASYSURANCE 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.
12.5. EASYSURANCE 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 EASYSURANCE 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.
12.6. 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.
13.1. 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.
13.2. 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 San Francisco, California, and request AAA to select one person to act as the arbitrator for resolution of the dispute.
13.3. The arbitrator selected pursuant to Section 13.2 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.
13.4. 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.
13.5. Any award made by the arbitrator shall be binding on the Member and easysurance and shall be enforceable to the fullest extent of the law.
13.6. Nothing in this Section 13 shall preclude easysurance from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).
14.1. 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.
15.1. These Terms, including all documents referenced herein, represents the entire understanding between easysurance and the
Member with respect to the Plan and the Membership and supersedes any other agreements, statements or representations.
15.2. No waiver by easysurance of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
15.3. 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.
Type of Member Device: Cell phones or devices that require a data package from the wireless carrier
Membership Term / Membership Fee: 2 Year Term: $139.99, 1 Year Term: $99.99, 3 Payments of: $51.99, Monthly: $7.99
Administrative Fee for easysurance Device: 1st Request: $125.00, 2nd Request: $150.00 After 2nd request, fee does not increase. (Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5))
Type of Member Device: Advanced devices including new launch smart phones and devices that are referenced as tablets, netbooks, or other computing type device.
Membership Term / Membership Fee: 2 Year Term: $199.99, 1 Year Term: $129.99, 3 Payments of: $82.99, Monthly: $11.99
Administrative Fee for easysurance Device: 1st Request: $150.00, 2nd Request: $200.00 After 2nd request, fee does not increase. (Includes shipping, handling, administrative fees, deposit on rental device ($5) and Waiver ($5))