EasyCare® Personal Assistant User Agreement - Terms and Conditions
Definitions
The EasyCare Personal Assistant Service (the "Service") is the premium information service provided by EasyCare consisting of information services and content provided by Automobile Protection Corporation – APCO, affiliates of APCO, and third parties. "You" or "yours" refers to each person who establishes an authorized account ("Account") or who is authorized to access and use the Service. Any other users who are given permission by primary account holder "You", are not the responsibility of EasyCare Personal Assistant to monitor usage for irregularities. You can only access the Service from the phone number that was registered on your account. Any unauthorized usage from your cell phone is your responsibility.
Usage
If you have been given a complimentary EasyCare Personal Assistant account, the terms of the minutes and length of time that you will have the account at no charge to you depends on the entity that has issued you the minutes. If you receive a bulk amount of minutes, then you can use the minutes at your disposal until they are depleted. If you have received a monthly allotment of minutes, your minutes will be deducted as the service is used. If in any given month, you use more minutes than you have been allotted for, the extra minutes used will be deducted off of the last month of complimentary service. While the EasyCare Personal Assistant account may be complimentary, you may only sign up one person to use the service on your account. You may only call from the phone number registered on the account. You may also choose to purchase additional plans for additional phone numbers. Please see the front of the Activation Form for “Companion Plan” offers.
In General
As a condition of using the Service you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair the EasyCare Personal Assistant web site, EasyCare Personal Assistant Call Center, any user of the web site, any user of the Call Center, or interfere with any other party's use of the Service.
Copyright and Trademark Protection
All materials contained on the Service (including, without limitation, the web site's "look and feel," layout, design, text, software, images, graphics, video and audio content "Materials") are the property of EasyCare Personal Assistant, its affiliated companies or licensors and are protected by U.S. copyright, trademark and other intellectual property laws and international treaties.
Third Party Web Sites
Links and query results to other Internet resources are provided for your convenience. These online resources have been chosen by EasyCare Personal Assistant due to their ease of use and relevance of information, and such resources' development and maintenance are not under the direction of EasyCare Personal Assistant. Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by EasyCare Personal Assistant nor endorsed by EasyCare Personal Assistant.
The use of the Service is for informational purposes only. User is solely responsible for any consequences of their use of any of the information provided by EasyCare Personal Assistant. The user understands that EasyCare Personal Assistant is solely a third party employed to retrieve information at the user's request. EasyCare Personal Assistant will in no way be held liable for any recommendations, advice, directions, usage, or any other information that is relayed by fax, email, text message, verbal, written, or any other electronic media or communication method.
Call Recording
User understands that all telephone calls to EasyCare Personal Assistant may be monitored for quality assurance purposes. All queries submitted to EasyCare Personal Assistant in any form or fashion will become property of EasyCare Personal Assistant along with the answer and replies. Text messaging - User will not hold EasyCare Personal Assistant responsible for any lost text messages, emails, or any other correspondence generated by EasyCare Personal Assistant or User. If a customer authorizes EasyCare Personal Assistant to open emails on a personal account, they are giving the Agent authorization to open, read, and reply to those emails on the customers' behalf.
Disclaimer of Warranty; Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
Termination of Agreement
You may terminate this Agreement anytime after the date of activation of your account. EasyCare Personal Assistant may only terminate this agreement due to a breach of this agreement or by misuse of the service including, but not limited to abuse, profanity, unacceptable questions, making threats, using the service in the commission of a crime, violating privacy laws, asking questions deemed inappropriate for the EasyCare Personal Assistant agents or any other use that constitutes misuse. In the event of termination of this Agreement by either party, you shall have no claims against EasyCare Personal Assistant or its affiliates. Refunds for unused minutes will not be given under any circumstance. Termination of this Agreement automatically terminates your license to use the Service and any content or other material contained therein.
Solicitations
Customer understands that the dealership that either sold or issued the service to the you may send periodic notifications via email or text message with various offers, notifications, reminders and the like. EasyCare Personal Assistant will not be responsible for the content or frequency of these notifications. All notifications sent after the signup process will allow the customer/user the ability to opt out of any future notifications by either hitting a link if the solicitation is sent in the form of an email or by calling a toll free number if the solicitation is sent in the form of a text message to your cell phone. EasyCare Personal Assistant guarantees that we will not resell or share your contact information with any outside entity or agency for any reason whatsoever, other than the company that issued the service to you and their affiliates. All information is stored on our secure server using the most secure SSL certificate and all information is encrypted for the utmost protection.