Extended Warranty Program

Terms and Conditions

Your Extended Warranty (the “Plan”) is governed by these Terms and Conditions and incorporates by reference herein the Terms of Use Agreement governing your service plan. Your Extended Warranty covers the replacement of your Securus device should it suffer a Loss (as defined below).

Your Plan

Subject to these Terms and Conditions, including without limitation the Exceptions below, Securus agrees, at its option, to provide a replacement Device or repair your Device (each, a “Replacement”) during the Term of this Plan, in the event that you suffer a Loss. This Plan does not grant any right to you to receive cash (or any other form of remuneration) in lieu of a Replacement.

“Loss” means an accidental loss, theft, or accidental physical damage to the Device which renders the Device fully inoperable, subject to the Exceptions set forth below.

“Term” means the term of the service plan that you select; provided, however, that during any period in which your payment is late, the Term shall be suspended.

“Replacement Fee” means the $50 fee charged to replace a device covered under the Extended Warranty Plan.

If your request for enrollment in this Plan is submitted at the time of initial activation of your Device, your coverage under this Plan begins immediately following the submission of your request for enrollment. If your request for enrollment in this Plan is submitted after the time of initial activation of your Device, your coverage under this Plan begins immediately following the acceptance by Securus of your request for enrollment.

The Extended Warranty Fee is $1.99 per month charged on the same payment basis elected when selecting a service plan for the device. For example, if a monthly payment plan is selected for the Service Agreement, the Extended Warranty Fee will be charged on a monthly basis at the rate of $1.99 per month. If an annual payment plan is selected, the Extended Warranty Fee will be charged on an annual basis at the rate of $23.88 per year.

The Replacement Fee will only be charged in the event that you suffer a Loss and request a Replacement. Each Replacement is subject to the non-refundable Replacement Fee per covered Loss, which must be satisfied by you before a Replacement will be provided.

Securus is not obligated to renew this Plan. If Securus does offer a renewal, it will determine the price and terms.

Limitations

A maximum of two (2) replacements of the Device will be allowed in any one twelve (12) month period beginning with the “Date of Replacement” for the first covered Loss hereunder.

“Date of Replacement” is the date on which the Replacement is shipped to you, as a result of a covered “Loss”.

Exclusions

Securus shall have no obligation to provide a Replacement to you in the event any “Loss” is caused directly or indirectly by any of the following, and such “Loss” is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the “Loss”:

1. Unauthorized repair or replacement.
2. Loss resulting from faulty installation, unauthorized or improper modifications or repairs, or improper maintenance.
3. Governmental Action, meaning seizure or destruction of property by order of governmental authority including economic and trade sanctions as provided under applicable law and U.S. Treasury Department guidelines.
4. Loss due to the intentional parting of your Device by you or anyone entrusted with the property.
5. Loss due to acts caused by or resulting from rodents, insects, vermin, or other wild or domesticated animals.
6. Loss due to obsolescence, including technological obsolescence of your Device.
7. Loss arising during use of the Device for commercial purposes.
8. Loss caused by change or enhancement in color, texture, finish, expansion, contraction, or any cosmetic damage of your Device, however caused, including, but not limited to, scratches, marring, and cracked displays that occur to your Device that does not affect the mechanical or electrical function thereof.
9. Loss due to abuse, neglect, misuse, physical damage, exposure to power surges, fire, water or excessive moisture or dampness, or other acts of nature.
10. Loss arising after the Device has been operated outside the limits of the product’s technical specifications or product instructions.
11. Use of your Device in a manner for which it was not designed or intended by the manufacturer, or failure to follow the manufacturer’s installation, operation or maintenance instructions.
12. Loss caused by the discharge, dispersal, seepage, migration, release or escape of Pollutants or water. “Pollutants” means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, sound waves, microwaves, and all artificially produced ionizing or non-ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
13. Loss due to normal wear and tear, gradual deterioration, inherent vice or latent defect.
14. Loss due to “Mechanical and/or Electrical Failure”. “Mechanical or Electrical Failure” means failure of your Device to operate due to a faulty part or workmanship when operated according to the manufacturer’s instructions.
15. Intentional, dishonest, fraudulent or criminal acts by you, any of your authorized representatives, anyone you entrust with the property, and any of their family members, or anyone else with an interest in the property for any purpose, acting alone or in collusion with others.

Conditions in the Event of a Loss

The Replacement equipment may be refurbished equipment or equipment of like kind and quality.

If your original make and model of Device is no longer carried by Securus and is not available from its inventory at the time of approval of your replacement request, you will receive comparable equipment.

Equipment failure evaluations performed by Securus and/or our authorized representative and/or the manufacturer may be required prior to approval of your request for replacement of your Device.

Duties in the Event of a Loss

If a claim for replacement involves a violation of law or any loss of possession, you agree to promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification.

You must report the Loss promptly to Securus not later than sixty (60) days from the Date of Loss. “Date of Loss” is the date on which a Loss to your Device occurs.

If the Loss is not reported within sixty (60) days, your claim will be forfeited. All claims must be submitted for our approval prior to the delivery of Replacement. Any claims that are not submitted for our approval will not be honored and fulfilled.

You will do what is reasonably necessary to minimize the Loss and to protect you Device from any further Loss.

You must provide us with a detailed proof of Loss statement, a police report case number, and/or a copy of the police report filed for theft, attempted theft, vandalism or lost equipment within sixty (60) days of the date the Loss is reported prior to receiving replacement equipment.

Proof of Loss requirements are satisfied once all requested information has been received as outlined herein. If the cause of Loss is not loss or theft, your Device must be retained by you until your claim is completed, and you may be required to return your Device to us at our expense.

You must permit us to inspect the property and records proving the Loss and must cooperate in the investigation of such claim.

In the event of a covered Loss, you may be required to provide a copy of the original bill of sale. If requested, you must permit us to question you under oath, at such times as may be reasonably required, about any matter relating to this Plan or your claim, including your books and records. In such event, your answers must be signed.

You must provide us with all of the necessary information required to approve your claim for replacement of your Device within sixty (60) days of the date that you report your Loss to us. Failure on your part to take delivery of a Replacement within sixty (60) days of claim approval by us will result in forfeiture of your claim under this Plan.

You must pay the Replacement Fee applicable to the Loss.

Cancellation

You may cancel your Extended Warranty coverage at any time for any reason. There will be no refunds for partial months of service, plan changes or refunds for months unused with an open account. There is no early termination fee associated with cancellation of the Extended Warranty plan.

To cancel, email Support@SecurusGPS.com or call Securus Customer Care at 866-989-7768.

Unless applicable local law provides otherwise, Securus may cancel this Plan if service parts for the Device become unavailable, upon thirty (30) days’ prior written notice. If Securus cancels this Plan, you will receive a pro-rata refund for the Plan’s unexpired term.

Additional Conditions

No claim shall be honored or made good if you have collected for the Loss or damage from others. Any recovery or salvage on a Loss will accrue, entirely to our benefit, until the cost of the claim incurred by us has been made up. Upon request from us, you will return to us any damaged equipment. If any person or organization to or for whom we honor a claim under this Plan has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after a Loss to impair them. But you may waive your rights against another party in writing:

1. Prior to a covered Loss.
2. After a covered Loss, only if, at time of loss, that party is someone covered under this Plan.

This coverage is void in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning:

1. This coverage;
2. The Device
3. Your interest in the Device; or
4. A claim under this Plan.

Arbitration:

The coverage provided to you by this Plan is in connection with and related to services provided to you by us. In order to facilitate prompt resolution of any disputes which may arise, any and all claims, disputes or controversies of any nature whatsoever, regardless of when the circumstances surrounding the dispute or controversy occurred, and regardless of whether in contract, tort, or otherwise (including statutory, common law, fraud, fraudulent inducement, other intentional tort, property and equitable claims) arising out of, relating to, or in connection or conjunction with (1) the Plan (2) any activities, transactions, services or interactions of any kind involving you and us, or between you and any of our employees, agents, representatives or associated businesses in any way involving any activities, transactions, services or interactions involving or related in any way to the Plan, or (3) the validity, scope or enforceability of this arbitration provision or the Plan (the“Claim”) shall be resolved, on an individual basis, by final and binding arbitration. All arbitration shall be administered by the American Arbitration Association (the “AAA”) in accordance with its Wireless Industry Rules and Procedures (the “Arbitration Rules”) in effect at the time the Claim is filed. The Arbitration Rules, as well as forms and information on arbitration in general may be obtained by visiting AAA’s Web site at www.adr.org. Any arbitration which you attend will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. The Arbitration Rules provide that for claims under $10,000, we will advance the administrative fee payable to AAA and that your portion of the arbitrator’s fees may be waived in the case of economic hardship. The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction over this matter.

YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION CLAUSE NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED BELOW OR TO HAVE A JURY TRIAL. IN ACCORDANCE WITH THE ARBITRATION RULES, HOWEVER, YOU MAY, AT YOUR ELECTION, PURSUE AN ACTION AVAILABLE IN SMALL CLAIMS COURT IN LIEU OF ARBITRATING THE DISPUTE.

No one may bring legal action against us under this Plan unless:

1. there has been full compliance with all terms of this Plan; and
2. the action is brought within two (2) years or any longer period as stated in the policy or any endorsement thereto after you first have knowledge of the Loss.

No person or organization, other than you, having custody of the Device, will benefit from this insurance.

You may not assign this Plan without our written consent. Securus may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.

In carrying out its obligations Securus may, at its discretion and solely for the purposes of monitoring the quality of Securus’ response, record part or all of the calls between you and Securus.

You agree that any information or data disclosed to Securus under this Plan is not confidential or proprietary to you. Furthermore, you agree that Securus may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than your country of residence. Please refer to Securus’ Privacy Statement for further information with regard to our use of personal information.

Securus is not responsible for any failures or delays in performing under the Plan that are due to events outside our reasonable control

We agree that any terms of this Plan not in conformity with applicable law are conformed to comply with such law. If any portion of this Plan is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Plan.

These Terms and Conditions contain all the agreements between you and us concerning the Plan. These Terms and Conditions can be amended or waived only by endorsement issued by us and made a part of this Plan.

We retain the right to revise this Plan at any time and adjust the coverage terms including the Subscription Fees and the Replacement Fees. In the event of any material change in the coverage terms, Subscription Fees, or the Replacement Fees, you will be provided advance written notice of such changes. You may cancel coverage at any time without penalty, but if you continue to pay monthly charges after any such change, you will be bound by those changes.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURUS AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCINGANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM SECURUS’ OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF Securus AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. SECURUS SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE COVERED DEVICES WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA.

FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, SECURUS’ LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED DEVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

Obtaining Repair or Replacement Service

To obtain service under this Plan, email Support@SecurusGPS.com or call Securus Customer Care at 866-989-7768. A customer support representative will answer, request your Plan information, advise you and determine what service is necessary for the Covered Equipment. All service is subject to Securus’ prior approval. Keep your Plan Confirmation document and the original sales receipt for your Device and your Plan. Proof of purchase may be required if there is any question as to your product’s eligibility for the Plan.