Terms of Service - DeviceGuard

You must agree to these Terms of Service (“Agreement”) in order to enter into a transaction with DeviceGuard on this website. Please read this Agreement carefully.

DeviceGuard provides this Website, the materials and services located at www.mydeviceguard.com and under the name DeviceGuard (collectively “Website” or “Site”) to you as a user conditioned upon and subject to your acceptance of this Agreement. By using and/or accessing this Site or its services, you acknowledge that you have read, understand, and agree to be legally bound by this Agreement.

Definitions

The following defined terms are used in these Terms of Service:

“Payee” means the merchant or other entity to which you authorize a bill payment to be directed.

“Payee Account” means the billing account with the merchant or other entity to which you authorize a bill payment to be directed. It may be represented by an account number, policy number, access number or code, or other number used by the merchant to identify your account.

“Payment Instruction” means your instruction and authorization to DEVICEGUARD to make a bill payment to a Payee.

“Payment Account” means the bank account that you authorize DEVICEGUARD to debit by electronic funds transfer when you make your bill payment using account information from your personal checking or savings account.

“Payment Card” means the credit card or debit card that you instruct DEVICEGUARD to charge to pay your bill payment.

“Business Day” means Monday through Friday, excluding Federal Reserve holidays.

DEVICEGUARD Bill Payment Service

When you initiate a Payment instruction, you authorize DEVICEGUARD to charge your payment card or debit your payment account and remit funds to the Payee. If we are unable to obtain funds for a bill payment for any reason associated with your Payment Card or Payment Account (for example, there is not a sufficient balance available on your Payment Card or in your Payment Account to cover the transaction), then we will not be able to complete your bill payment transaction. If there is a problem in processing your Payment Instruction, DEVICEGUARD may attempt to contact you, using the telephone number you have provided to DEVICEGUARD.

If DEVICEGUARD makes a bill payment to your Payee Account but is unable to obtain funds for that payment from your Payment Card or Payment Account, you agree that your bill payment to your Payee Account will be reversed.

You agree that from time to time the Payment services contemplated under this Agreement may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which may be undertaken from time to time; or (iii) causes beyond DEVICEGUARD control or which are not reasonably foreseeable to DEVICEGUARD.

Our Liability for Failure to Complete Transactions

DEVICEGUARD will use commercially reasonable efforts to process your bill payments in accordance with your Payment Instructions. However, DEVICEGUARD shall incur no liability if a bill payment is not made in a timely manner or if it is unable to complete any payments initiated by you through the DEVICEGUARD Bill Payment Service because of the existence of any one or more of the following circumstances:

Sufficient funds are not available through your Payment Account or your Payment Card;
Failure of any Payee to account correctly for or credit the payment in a timely manner, or otherwise mishandle or delay the payment;
The DEVICEGUARD Bill Payment Service is not working properly and you know or have been advised by DEVICEGUARD about the malfunction before you execute the transaction;
You do not provide DEVICEGUARD with all required information to complete the bill payment, such as your correct name, telephone number, or your complete and correct Payee account information; or
Circumstances over which DEVICEGUARD has no control including, but not limited to large-scale technical malfunctions, including, but not limited to loss of access to the Internet or loss of access to the Federal Reserve System, prolonged outages of phone lines, electricity or similar infrastructure, acts of God, war, riot, civil disobedience or similar events of insurrection, governmental or court orders, regulatory or legislative changes by any local, state or federal governmental agency, strikes, work stoppages, or other similar occurrences or circumstances.

LIMITATION OF LIABILITY AND YOUR EXCLUSIVE REMEDY

In the absence of any of the exclusions set forth above, it shall be DEVICEGUARD’s responsibility to correct any transactions not completed in accordance with your Payment Instructions. In the event that DEVICEGUARD is unable to correct the transaction, we shall refund the amount of funds received from you and this refund shall constitute your sole remedy. In no event shall DEVICEGUARD liability to you ever exceed the amount of funds that we receive from your Payment Account or Payment Card for a bill payment. THE FOREGOING SHALL CONSTITUTE DEVICEGUARD’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. THE USE OF THIS PAYMENT SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL DEVICEGUARD BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE DEVICEGUARD BILL PAYMENT SERVICE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED AND THE SAME ARE HEREBY EXCLUDED FROM THESE TERMS AND CONDITIONS AND ALL TRANSACTIONS CONTEMPLATED HEREBY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

User Authentication and Security

DEVICEGUARD Bill Payment Service has been designed in compliance with the Payment Card Industry (PCI) data security standards so that no one can access your Payment Account without proper user authentication. If you use this site, you are responsible for maintaining the confidentiality of your personal information, including your Payment Account number, and for restricting access to your computer, and you agree to accept responsibility for all activities you initiate or that you authorize to be initiated or that are authorized utilizing your payment account or from your computer. You are solely responsible for all bill payments you authorize using DEVICEGUARD Bill Payment Service. If you permit other persons to use DEVICEGUARD Bill Payment Service or your bill payment authentication responses or other means to initiate a Payment Instruction on your behalf, you are solely responsible for any transactions they authorize.

If you believe that your authentication information or other personal information have been lost or stolen or that someone may attempt to use DEVICEGUARD Bill Payment Service without your consent, you must notify DEVICEGUARD at once by calling 800-923-9341 during normal customer service hours.

Errors and Questions

In case of errors or questions about your transactions, you need to contact us as soon as possible.

Telephone us at 800-923-9341 during normal customer service hours.
Write us at: DEVICEGUARD Office of Administration
PO Box 9159
Phoenix, AZ 85068-9159

Charges

Transaction charges, if any, for using the Bill Payment Service may vary depending upon the Payee and permissible charges allowed in a particular state. These charges will be disclosed to you prior to your Payment Instruction. By submitting your Payment Instruction, you agree to pay these transaction charges. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize DEVICEGUARD to charge your designated Payment Card or debit your Payment Account for these amounts and any additional charges that may be incurred by you. You are responsible for any and all fees and charges that you may incur.

Governing Law

These Terms of Service shall be governed by the laws of the state of California without regard to that state’s conflicts of laws provisions and by applicable Federal laws and regulations.

Waivers

No delay or omission by us in exercising any rights or remedies under these Terms of Service will impair such right or remedy or be construed as a waiver of any such right or remedy. If we exercise any right or remedy, in whole or in part, that exercise will not prevent us from any further or future exercise of such right or remedy or any other right or remedy. No waiver will be valid unless in writing signed by us.

Disclosures & Consent to Electronic Transactions / Electronic Signature

By entering this Website and agreeing to be bound by this Agreement, you are providing your affirmative consent to the use of an electronic signature to authenticate the transaction in electronic form. You understand and agree that the company will rely on your electronic signature to process and effect transactions.
You acknowledge that you understand that you are not obligated to enter into transactions electronically and that you have a right to conduct transactions in paper format if you wish. By entering this Website and agreeing to be bound by this Agreement, you affirmatively consent to conduct transactions in electronic form. If you wish to conduct transactions in paper form, please contact your association/policyholder or its representatives. There is no charge to you for requesting a paper transaction.
When you have successfully entered your enrollment information and have selected “I Accept” on the Website confirmation page, you will be given the opportunity to print a paper copy of your service elections free of charge. Please print a paper copy of your elections for your records because if you will not be able to access your enrollment information on the Site after your enrollment. If you wish to confirm or make changes to your service coverage after your enrollment, you must contact the DEVICEGUARD Services Office of Administration. You understand and agree that requests for change submitted to the service provider, or the Site will not be valid or take legal effect after the end of your enrollment.
Once you have given consent for an electronic transaction, you may withdraw your consent only if the service provider has not taken action in reliance on your consent. To update your contact information or to withdraw your consent to an electronic transaction, you may contact your Administrator by calling 800-923-9341 or by writing to DEVICEGUARD Office of Administration, PO Box 9159 Phoenix, AZ 85068-9159.
There is no fee charged for such requests. However, your withdrawal of consent shall not diminish the legal effectiveness or enforcement of any transaction agreed to prior to your withdrawal of consent. If you withdraw consent after your enrollment, your service will remain effective until your request for cancellation is received by the administrator.
You agree that your electronic signature authorizes The Service Provider(s) or its authorized representatives:
1. to process this transaction at your request and any future transactions that may be needed to administer and help keep in force your coverage under the service agreement. For example, we will rely on your electronic signature to authorize us to process your request for service made during your enrollment.
2. to process, as applicable:
  1. a billing transaction, including but not limited to: processing a payment by credit card using the credit card number you have provided; processing an electronic bank draft using the checking account number you have provided; or sending you a billing statement at the address you have provided; or
  2. a billing transaction with your financial institution to deduct the appropriate amount from your account.
3. to communicate with you by mail, telephone or electronically by sending to you communications including, but not limited to, any and all types of electronic communication by email, fax, mail and telephone.
After you enroll, you understand and agree that you will not have access to your electronic enrollment record. You may print a confirmation of your enrollment election at the time of enrollment, or you may contact your Administrator for confirmation after your enrollment period ends.

User Representations

You represent and warrant to DEVICEGUARD that: (a) you over the age of eighteen (18) and have the power and authority to enter into an perform your obligations under this Agreement; (b) all information provided by you to DEVICEGUARD is truthful, accurate and complete; (c) you are the authorized signatory of the credit or charge card provided to pay fees contemplated herein; (d) you shall comply with all of the terms and conditions of this Agreement; and (e) you have provided and will continue to provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number.

Additional Terms and Conditions

DEVICEGUARD provides information and services on this Website, and all layouts, materials, designs, and images on this Website are copyrighted or proprietary to DEVICEGUARD, its affiliated companies and/or third party service providers. As a condition of your use of this Website and the services, you agree that you will not use the contents of this Website in any other website or in a network computer environment. All uses of this Website apart from educational, informational and enrollment purposes are strictly prohibited.

In addition, as a further condition of your use of this Website and the services, you agree that you will not use the Website or services to infringe the intellectual property rights of DEVICEGUARD in any way; use the Website or services to modify or manipulate the Website or services or any of DEVICEGUARD hardware or software to invade the privacy of, or obtain private information concerning any enrollee or applicant of the service provider or to erase or damage any information contained on the computer or the information of any user connected to this Website or the services, or to reveal any portion of this Website or the services. Furthermore, you agree that you will not use the Website or services to introduce viruses, worms, Trojan horses or other malicious, destructive or harmful codes or programs, and you agree that you will take every precaution not to introduce these harmful codes into the Website and services.

You agree that the materials and services on this Website are provided “as is” and for informational purposes only. You understand that neither the service provider nor the DEVICEGUARD makes any representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. The information contained on this Website was believed to be accurate at the time it was placed on the Website. The service provider and DEVICEGUARD periodically update the information on the Website, but disclaim any responsibility to do so. Therefore, you understand and agree that the service provider and DEVICEGUARD take no responsibility for the timeliness, accuracy or applicability of the information at the time it may be accessed and that the service provider and DEVICEGUARD disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability of fitness for a particular purpose or of non-infringement of other’s rights.

You understand and agree that neither the service provider nor DEVICEGUARD is engaged in rendering legal, tax, benefits or any other advice through this Website or services. Your needs are highly individual, and the service provider and DEVICEGUARD do not represent themselves as giving financial advice or advice on your individual needs through this Website and services. You understand and agree that you should consult your own attorney and financial advisor(s) for advice in these areas.

You understand and agree that the information on the service provider products as described in this Website is not complete and does not change or affect the service agreements as actually issued. In the event of any difference between the information on the Website and services, the benefit highlights, the terms of the plan description apply.

You understand that this Website and the Payment services contemplated hereunder may be performed by third-party vendors.

If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent permissible and the other provisions will remain fully effective and enforceable.

By enrolling you acknowledge that you have read the DEVICEGUARD Privacy Policy on the emergencyassistanceplus.com website.

Revisions

We reserve the right to change or supplement this Terms of Service Agreement at any time by posting the changes on this web site. By using this web site, you accept the terms and conditions of this Terms of Service Agreement and you agree to review this Terms of Service Agreement from time to time to stay informed of changes that may occur. This Terms of Service Agreement also applies to personal information that we maintain on former customers.