AAA Smart Home Total Protection Program Terms and Conditions

The AAA Smart Home Total Protection program (“Program”) is offered solely by A3 Smart Home LP (“A3SH,” “we,” “our” or “us”), and is subject to these Terms and Conditions (“Terms”). By participating in this Program and submitting a request for reimbursement (as described below), participants (“Participants” or “you”) agree to the Terms as set forth below. We have the right to extend, terminate, suspend, or modify the Promotion at any time without notice. These Terms apply to this Program in its entirety and duration. Terms subject to change upon thirty (30) days notice. 

OVERVIEW: The Total Protection Program reimburses subscribers of AAA Smart Home alarm and monitoring services who concurrently hold an Insurance Policy (defined below) for deductibles paid up to $1,000 for eligible losses covered under an eligible Insurance Policy, as defined below. Participants qualify for the Program automatically by meeting the eligibility requirements below and submitting a request for reimbursement to A3SH following payment of their claim by their Insurance Provider, as required in the “Participation Requirements” section below. 

ELIGIBILITY: This Program is only open to legal residents of Arizona, California, Montana, Nevada, Utah or Wyoming (the “Territory”) who are at least the age of majority in their state or jurisdiction of primary residence under applicable law on the date they seek to redeem the Promotion Benefit, as defined below. In order to receive the Benefit, you must be a subscriber to A3 Smart Home (“AAA Smart Home”) alarm and monitoring services (“Services”) at your residence, and also hold an HO-3, HO-4 or HO-6 insurance policy (“Insurance Policy”) underwritten by CSAA Insurance Group (“Insurance Provider”) and sold by AAA Northern California, Nevada & Utah (“AAA”) for the same residence at the time you seek to redeem the Benefit, as defined below. To receive the Benefit for fire-related claims, you must have an A3SH-monitored smoke detector installed in the covered residence. Verification of your eligibility to participate in the Program will be confirmed when you seek to redeem the Benefit as described in the “Participation Requirements” section below. 

PARTICIPATION REQUIREMENTS: Participants who meet the eligibility requirements above qualify for reimbursement of up to one thousand dollars ($1,000) for any claims related to fire or theft (including burglaries) that are made under an eligible Insurance Policy (the “Benefit”). Fire losses indicated as wildfire events by the carrier will not qualify under this Program.  In order to redeem the Benefit, Participants must first file a claim with their Insurance Provider, meet the deductible provided for under the Insurance Policy, call and notify A3SH at 877-852-6212 that they would like to qualify for reimbursement under this Benefit, and then provide to A3SH proof of claim payment provided by the Insurance Provider following settlement of the claim and the Member Request form to [email protected]. In order to determine whether the Eligibility and Participation Requirements are satisfied, you will be asked to provide your name, address, email, claim number, your policy number, your AAA Membership number (if applicable), and contact number. Once we have confirmed you are eligible to receive the Benefit, you will be mailed a check to the address that A3SH has on file for you, unless you specify otherwise. 

LIMITATION OF LIABILITY:

A3SH is the sole provider of the Program.  No other person or entity is responsible for the Program, bears any liability for its execution or payments made thereunder, including without limitation AAA and all CSAA Insurance Group Member Companies (which include without limitation CSAA Insurance Exchange, CSAA General Insurance Company, CSAA Fire & Casualty Insurance Company, CSAA Insurance Services, Inc. and CSAA Affinity Insurance Company, ).  By agreeing to participate in the Program, you acknowledge that A3SH is the sole provider of the Program and that all of the information you submit is true and correct to the best of your knowledge.  

In addition, A3SH is not responsible and/or liable for any of the following, whether caused by A3SH, the participant, or by human error: claims or submissions for the Benefit that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected email, mail, or Benefit-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Terms, in any Program-related advertisements or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. A3SH Smart Home LP is not responsible for electronic communications that are undeliverable or do not reach Participant as a result of any form of active or passive filtering of any kind, or insufficient space in a person’s email account to receive email messages. 

A3SH is not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to A3SH. Without limiting any other provision in these Terms, A3SH is not responsible or liable to any Participant or any person claiming through such Participant for failure to supply the Benefit or any part thereof in the event that any of the Program activities or A3SH’s operations or activities are affected, as determined by A3SH in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, blackout, energy loss, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above. 

PRIVACY NOTICE: By submitting a request for reimbursement, as described in the Participation Requirements above, you agree that any personal information you submit in order to receive any Benefit through this program will be collected, used and shared in accordance with this Privacy Notice and the A3SH Privacy Policy available at Privacy Policy. We cannot offer any Benefit through this Program without you providing us with certain types of personal information to verify eligibility and compliance with the Program’s Terms. In addition, we may collect, process and disclose your personal information to deter fraud and verify your Program Benefit request. 

DISPUTES/GOVERNING LAW: Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, A3SH will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor A3SH shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.  

BY PARTICIPATING IN THE PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY BENEFIT SUPPLIED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.

The Terms and the Program are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms & Conditions, or the rights and obligations of a Participant and A3SH in connection with Program, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Terms and/or for entering any judgment on an arbitration award, shall take place in the County of San Francisco in the State of California.

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