Insurance Protection Terms and Conditions

mySmartDorm Insurance Protection Terms and Conditions: 2017-2018

This following agreement is made by and between mySmartDorm, Inc. (hereinafter referred to as “mySmartDorm”) and the student listed on the online insurance protection purchase order form (hereinafter referred to as the “Lessee”). The Lessee hereby agrees to purchase insurance protection coverage for one 40 inch LED SMART television and/or PlayStation 4 as specified in the insurance protection order completed by the Lessee (hereinafter referred to as the “Tech”) from mySmartDorm for a full academic year, according to the following terms:

  1. Coverage Term: The term of this Agreement and the insurance protection coverage will be for one full academic college year consisting of an 8 to 9 month period of two academic semesters – fall and spring - commencing upon delivery of the Tech during the beginning of the Fall semester for the Lessee’s college or university in August/September of 2017 and terminating upon the scheduled pickup date of the Tech at the end of the Spring semester for the Lessee’s college or university in May of 2018. For Lessee’s Colleges and Universities operating on a trimester system, the term of the rental period will be for one full academic college year consisting of an 8 to 9 month period of three academic semesters – fall/first, winter/second, and spring/third - commencing upon delivery of the Tech during the beginning of the Fall/first trimester for the Lessee’s college or university in August/September of 2017 and terminating upon the scheduled pickup date of the Tech at the end of the Spring/third trimester for the Lessee’s college or university in May of 2018.
  2. Insurance Protection Fee: Lessee agrees to pay the fee as specified in the insurance protection order completed on the mySmartDorm website, plus any applicable sales tax or other applicable taxes. Lessee will pay the fee and any applicable sales tax to mySmartDorm at the time the insurance protection order is submitted to mySmartDorm. By clicking “Agree to Terms”, Lessee authorizes mySmartDorm to charge the credit card and/or debit card Lessee provided to mySmartDorm at the time of submission of the purchase order for the rental of the Tech and/or the insurance protection order.
  3. Coverage Amounts and Limits: Insurance protection coverage is limited to the Lessee and Lessee’s portion/percentage of fees and/or replacement cost for damage or loss to the Tech owed to mySmartDorm as provided below. Where multiple students in the same residence hall room or apartment will be participating in the rental of the Tech, this Agreement and insurance protection will only cover and protect the Lessee and not the other students participating in the rental of the Tech. The other students participating in the rental of the Tech need to purchase their own insurance protection coverage from mySmartDorm to be covered for covered damage or loss to the Tech and for their portion/percentage of the fees for damage or loss to the Tech. The insurance protection does not cover any accessories purchased from mySmartDorm as part of the Rental and Purchase Agreement for the Tech.
  4. The insurance protection only covers the portion/percentage of the fees and/or replacement cost owed to mySmartDorm for any covered damage or loss to the Tech, as specified in the mySmartDorm Rental and Purchase Agreement, which is the responsibility of the Lessee based on the total number of students participating in the rental of the Tech. For example, where there are two students participating in the rental of the Tech, Lessee will be covered for fifty (50%) percent of the fees and/or replacement cost owed to mySmartDorm for covered damage or loss to the Tech as specified in the mySmartDorm Rental and Purchase Agreement. Where there are three students participating in the rental of the Tech, Lessee will be covered for thirty three and one third (33.33%) percent of the fees and/or replacement cost owed to mySmartDorm for covered damage or loss to the Tech as specified in the mySmartDorm Rental and Purchase Agreement. Where there are four students participating in the rental of the Tech, Lessee will be covered for twenty five (25%) percent of the fees and/or replacement cost owed to mySmartDorm for covered damage or loss to the Tech as specified in the mySmartDorm Rental and Purchase Agreement. Where Lessee is the sole renter of the Tech, Lessee will be covered for one hundred (100%) percent of the fees and/or replacement cost owed to mySmartDorm for covered damage or loss to the Tech as specified in the mySmartDorm Rental and Purchase Agreement.
  5. Insurance Protection Coverage: Insurance protection protects against and covers physical damage to the Tech caused by or resulting from a fortuitous incident or loss due to theft. Such incident is referred to as an “Insurance Event”. The coverage is limited to the Lessee and is limited to the amounts specified in paragraph 3 above. Covered perils include non-intentional liquid spills in or on the Tech, drops, falls, collisions, and electrical surge. Insurance protection includes, but is not limited to the screen (LCD) and broken parts. Insurance protection does NOT COVER normal wear and tear, and intentional acts of damage or other exclusions, including, but not limited to, those detailed in paragraph 5 below.
  6. Exclusion From Coverage: Insurance protection does NOT provide coverage for:
    • Damage caused by failure to follow manufacturer’s recommended operating specifications;
    • Damage due to war or nuclear incident, terrorism, unauthorized attempts to repair Tech, use of damaged or defective media or other products, accessories, or peripherals with the Tech;
    • Data, business interruptions, obsolescence, cosmetic damage, rust, change in color, texture or finish, wear and tear, gradual deterioration;
    • Fraud, unexplained or mysterious disappearance, misuse, irresponsible use, abuse, or intentional or willful act;
    • Use of Tech with product, accessories, or peripherals not supplied by mySmartDorm;
    • Alteration or modification of the Tech in any way;
    • Any accessories purchased from mySmartDorm; or
    • Any fees for failure to return the Tech at the end of the lease term.
  7. Limitation on Coverage: Insurance protection is limited to one Insurance Event per year. After the limit of one Insurance Event per coverage year has been reached, Lessee can purchase additional insurance protection.
  8. Lessee Responsibility: Lessee agrees to notify mySmartDorm promptly of any Insurance Event and provide mySmartDorm with all information requested by mySmartDorm to verify and process Lessee’s claim.
  9. Obligation to File a Police Report: In order to file an insurance claim for an Insurance Event for fire, theft of or damage to the Tech by third parties, Lessee agrees to notify the local police and file a police report about the theft or damage to the Tech.
  10. LIMITATION OF LIABILITY: mySmartDorm SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, ARISING OUT OF THE FURNISHING OF INSURANCE PROTECTION COVERAGE AND SERVICES AND/OR DUE TO ANY BREACH OR NON-PERFORMANCE OF THIS AGREEMENT.
  11. Taxes: Lessee will be responsible for paying any sales, use, property, or other taxes associated with the purchase of the insurance protection.
  12. Governing Law and Choice of Law: This Agreement will be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to choice of law principles. The sole jurisdiction and venue for any litigation arising out of the Agreement shall be in the United States District Court for the District of Massachusetts in Boston or an appropriate state court located in Suffolk County, Massachusetts.
  13. Non-Assignment: Lessee may not assign or transfer any rights or obligations under this agreement without the prior written consent of the parties.
  14. Force Majeure: mySmartDorm will not be liable for performance delays, or for non-performance, due to causes beyond its reasonable control, including, but not limited to, acts of civil or military authority, national emergencies, fires, labor disputes, flood or catastrophe, acts of God, health emergencies, insurrection, war, riots, terrorist events, delay of suppliers, or failure of transportation, communication or power supply.
  15. Modification: This Agreement may not be modified without the written consent of the parties.
  16. Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
  17. Waiver: No waiver or breach of any term or condition of this Agreement shall operate as a waiver of any other breach of such term or condition, or of any other term or condition, nor shall any failure to enforce any provisions of this Agreement operate as a waiver of such provision or any other provision in this Agreement.
  18. Severability: If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

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