“Innovation In Action, LLC” means a Tennessee limited liability company which is the owner and provider of PorchBanditProtection.com (“PBP”) services and products and all intellectual property rights, copyrights, trademarks, and service marks relating to the website PorchBanditProtection.com, and the terms Bandit Trap, Standard Protection, Advantage Protection, and Ultimate+ Protection.
“PBP” means Porch Bandit Protection and is used as the generic name for the company, Innovation In Action, LLC.
“Account” means an online account assigned to a specific Subscriber. Each Account will have a Username and Password.
“Act of God” means an accident or event resulting from natural causes, without human intervention or agency, and one that could not have been prevented by reasonable foresight or care.
“Advantage Protection Subscription” a monthly Subscription service offered by PBP which provides Restitution for Stolen Merchandise upon the filing and approval of a Package Claim in a dollar amount up to the Advantage Restitution Maximum.
“Advantage Restitution Maximum” means up to Two Hundred and 00/100 U.S. Dollars ($200.00) per Subscription Year per Subscription Address pursuant to an Advantage Protection Subscription.
“Alcoholic Beverages” means both distilled and undistilled alcoholic drinks including but not limited to beer, wine, liquors, and spirits.
“Antiques and Artifacts” means items with high value based on age, scarcity, uniqueness, or historical significance including but not limited to antique furniture or accessories, antique clocks, historical artifacts, paintings, drawings, sculpture, statuary, antique rugs, and other vintage items.
“Bandit” means a person or entity that steals or takes unlawful possession of Merchandise from a Subscription Address.
“Bandit Trap” means a container, which can be fastened to the residence of a Subscriber at the Subscription Address, the purpose of which is the receipt of Packages from a Delivery Carrier. The Bandit Trap comes in at least two sizes characterized as standard-size and large-size.
“Claim Approval Notice” means communication from PBP to the Subscriber in response to a Package Claim which approves the Package Claim. The Claim Approval Notice shall include the amount of the Restitution approved.
“Claim Denial Notice” means communication from PBP to the Subscriber in response to a Package Claim which denies the Package Claim. The Claim Denial Notice shall include the reason or basis for the denial.
“Collectibles” means any items valued and sought by collectors including but not limited to coins and currency, stamps, vinyl records, comic books, vintage clothing, and accessories, signed and first edition books, signed memorabilia, and trading cards.
“Covered Merchandise” means any Merchandise which is eligible for Restitution under a Subscription and which is not Excluded Merchandise.
“Damaged Goods” means any Merchandise which is damaged during manufacture, storage, shipping, and delivery prior to being delivered to the Subscription Address, or which is damaged when deposited into the Bandit Trap, or which is damaged after delivery due to an Act of God or the negligence of the Subscriber.
“Delivery Carrier” means an approved common carrier covered by a Subscription. The approved Delivery Carriers at present are FedEx, United Parcel Service (UPS), United States Postal Service (USPS), and Amazon.
“Dangerous Goods” means any materials or items with hazardous properties that may present a potential hazard to human health and safety or may cause damage to property, more commonly identified as the 9 Classes of Dangerous Goods. Dangerous Goods include (1) Explosives; (2) Gases; (3) Flammable Liquids; (4) Flammable Solids; (5) Oxidising Substances and Organic Pesticides; (6) Toxic and Infectious Substances; (7) Radioactive Materials; (8) Corrosive Materials; and (9) Miscellaneous including but not limited to environmentally hazardous substances, items transported at elevated temperatures, genetically modified organisms and micro-organisms, magnetized materials, and lithium-ion batteries.
“Excluded Merchandise” means any Merchandise which is not eligible for Restitution under a Subscription. Excluded Merchandise shall include the following: (1) Dangerous Goods; (2) Items of Extraordinary Value; (3) Collectibles; (4) Antiques and Artifacts; (5) Fine Art; (6) Non-Motorized and Motorized Vehicles and Vessels; (7) Jewelry; (8) Furs; (9) Mementos; (10) Prescription Pharmaceuticals; (11) Alcoholic Beverages; (12) Perishable Goods; (13) Damaged Goods; and (14) Prohibited Merchandise.
“Fine Art” means creative objects including but not limited to paintings, sculpture, statuary, prints, drawings, photography, graphics, watercolors, figurines, and wall hangings.
“Firearms and Ammunition” means any weapon which will or is designed to expel a projectile by the action of an explosive and the projectiles, bullets, and shells used in any weapon.
“Furs” means an article of clothing made from the pelt of an animal.
“Illegal Goods” means any item which is illegal under federal, state or local rules and laws to be possessed by the Subscriber which includes but is not limited to illegal drugs.
“Counterfeit Goods” means fakes or unauthorized replicas of the real product deliberately made to appear genuine and to defraud the consumer and the brand replicated.
“Items of Extraordinary Value” means Merchandise with a fair market value of greater than Five Hundred and 00/100 U.S. Dollars ($500.00).
“Jewelry” means ornamental pieces such as necklaces, rings, earrings, broaches, and bracelets made from or containing gemstones and precious metals with a value in excess of Five Hundred and 00/100 U.S. Dollars ($500.00).
“Live Animals” means any living creature including a human being.
“Mementos” means any photographs, videos, keepsakes, ephemera, or other items that are kept in memory of a person, place or event or which have sentimental value.
“Merchandise” means any item or items contained in a Package shipped and delivered to a Subscription Address.
“Monthly Subscription” means a Subscription purchased month-to-month which may be terminated by the delivery, of thirty (30) days prior, a written notice of termination to PBP.
“Non-Motorized and Motorized Vehicles and Vessels” means any non-motorized or motorized vehicle or vessel including but not limited to automobiles, motor vehicles, motorcycles, all-terrain cycles, utility task cycles, trucks, boats, trailers, aircraft, and watercraft.
“Package” means any box, wrapping, container or envelope used to ship and deliver Merchandise from a Vendor to a Subscription Address by a Delivery Carrier. The term “Package” excludes any letters, correspondence, bills, invoices, periodicals, newsletters, magazines, catalogs, circulars.
“Package Claim” means a claim by a Subscriber for Restitution filed in accordance with the Package Claim Procedures.
“Package Loss Date” means the date on which the Merchandise was stolen by a Bandit.
“Password” means a unique word, group of words, a phrase, group of phrases, or a string of letters, numerals, and symbols selected by the Subscriber to be used by the Subscriber as the password to log into the Subscriber’s Account. PBP is not liable for the loss or misuse of any Password.
“Perishable Goods” means any product, the quality of which deteriorates and decays due to environmental conditions through time, including but not limited to food and flowers.
“Police Report” means a report filed by the Subscriber with the local law enforcement agency reporting the theft of the Stolen Merchandise.
“Prescription Pharmaceuticals” means any medication which legally requires a medical prescription to be dispensed to receive.
“Prohibited Merchandise” means any Merchandise which is prohibited from being delivered to and deposited into the Bandit Trap. Prohibited Merchandise includes (1) Dangerous Goods; (2) Illegal Goods; (3) Counterfeit Goods; (4) Terrorist Materials; (5) Live Animals; and (6) Firearms and Ammunition.
“Restitution” means a payment of a U.S. Dollar amount by PBP to a Subscriber for an approved Package Claim pursuant to a Subscription.
“Standard Protection Subscription” means a monthly Subscription service offered by PBP which provides Restitution for Stolen Merchandise upon the filing and approval of a Package Claim in a dollar amount up to the Standard Restitution Maximum.
“Stolen Merchandise” means any Merchandise delivered to a Subscription Address and then subsequently stolen or unlawfully possessed by a Bandit.
“Subscriber” means a natural person or a business entity that purchases a Subscription from PBP.
“Subscription” means any subscription service offered by PBP.
“Subscription Address” means a single physical postal address selected by the Subscriber for any one (1) Subscription.
“Subscription Term” means any period of time for which a Subscription is purchased.
“Subscription Service Areas” means any areas defined by geographical or political boundaries in which Subscriptions are available.
“Subscription Year” means three hundred sixty-five (365) days plus any applicable leap year day beginning on the date on which the Subscription is purchased by the Subscriber and ending either upon the date on which the Subscription expires or upon the expiration of three hundred sixty-five (365) days plus any applicable leap year day, whichever event occurs first.
“Standard Restitution Maximum” means up to One Hundred and 00/100 U.S. Dollars ($100.00) per Subscription Year per Subscription Address pursuant to a Standard Protection Subscription.
“Terrorist Materials” means any goods, items or materials which are intended to be used for a terrorist act or threat.
“Ultimate+ Protection Subscription” means a monthly Subscription service offered by PBP which provides Restitution for Stolen Merchandise upon the filing and approval of a Package Claim in a dollar amount up to the Ultimate Restitution Maximum and one (1) Bandit Trap.
“Ultimate+ Restitution Maximum” means up to Three Hundred and 00/100 U.S. Dollars ($300.00) per Subscription Year per Subscription Address pursuant to an Ultimate+ Protection Subscription.
“Username” means the Subscriber’s email address or a unique word, group of words, a phrase, group of phrases, or a string of letters, numerals, and symbols selected by the Subscriber to be used by the Subscriber as the username to log into the Subscriber’s Account. PBP is not liable for the loss or misuse of any Username.
“Vendor” means any person or entity which ships Merchandise to the Subscriber Address.
Bandit Trap Use
- The Bandit Trap shall only be used by the Subscriber for its intended purpose. The intended purpose of the Bandit Trap is to receive and hold Covered Merchandise.
- Subscriber indemnifies and holds harmless PBP for any personal injuries, including death, or property damage resulting from the unintended use of the Bandit Trap by the Subscriber, the Subscriber’s family members, or the Subscriber’s agents or invitees.
- The Bandit Trap shall not be used for the care of Live Animals.
- PBP is not responsible for the loss or damage of the Bandit Trap if the Bandit Trap is not installed in strict adherence and conformity with the Bandit Trap Installation Instructions.
- Any damage to or disappearance of the Bandit Trap occurring after the delivery of the Bandit Trap to the Subscription Address is the financial responsibility of the Subscriber.
- The Bandit Trap may not be purchased separately from any Subscription.
- The purchase of a Bandit Trap is a condition precedent to the purchase of an Advantage Protection Subscription or a Ultimate+ Protection Subscription.
Bandit Trap Installation Instructions
- The Bandit Trap should be installed as directed. Instructions are provided in the box. A lock(s) is provided and should be used to secure shipments. A nylon strap is provided. One end of the strap should be wrapped around one of the wire dividers and the other end of the strap slide under a door.
- A Subscription protects only one (1) Subscription Address.
- A Subscription Address is limited to one (1) Subscription.
- If a Subscriber has multiple addresses to protect, then the Subscriber must purchase one (1) Subscription per Subscription Address. Each Subscriber will be assigned an Account from which the Subscriber can manage one or more Subscriptions.
- A Subscription starts on the day of purchase (“Subscription Start Date”).
- A Subscription is a month-to-month subscription.
- A month is determined from the Subscription Start Date.
- A Subscription renews automatically each month.
- A Subscription can be canceled at any time; however, an early termination fee will be charged if a Subscription is canceled within twelve (12) months from the Subscription Start Date.
- The terms and conditions of a Subscription are subject to change with thirty (30) day notice.
- A Subscription can be suspended or canceled with or without cause at any time by PBP.
- PBP reserves the Right to not offer a Subscription to a Delivery Address.
- PBP Subscriptions are a warranty service.
Package Claim Procedures
- Any Subscriber may file a Package Claim.
- Prior to filing a Package Claim, the Subscriber must: (1) file a Police Report with the local law enforcement agency reporting the theft of the Stolen Merchandise; (2) file a claim with the Vendor requesting replacement of the Stolen Merchandise or a refund for the purchase price of the Stolen Merchandise and have such claim denied by the Vendor; and (3) file a claim with the Delivery Carrier requesting replacement of the Stolen Merchandise or a refund for the purchase price of the Stolen Merchandise and have such claim denied by the Delivery Carrier.
- The Package Claim must include the following: (1) Name of the Subscriber; (2) Email Address, (3) Subscription number; (4) Subscription Address; (5) Package Loss Date; (6) Copy of Police Report; (7) Written documentation from the Vendor denying the claim made by the Subscriber against the Vendor; (8) Written documentation from the Delivery Carrier denying the claim made by the Subscriber against the Delivery Carrier; and (9) Written documentation demonstrating the fair market value of the Stolen Merchandise.
- An Package Claim Notification including items (1)(2)(3)(4)(5)(9), referenced in section 3 above, must be initiated within 10 days of the Package Loss Date through the PBP website by way of the Report Package Stolen Notification form located at https://porchbanditprotection.com/report-package-stolen/. The subscriber will then have 30 days to provide items (6)(7)(8), referenced in section 3 above, to make a complete Package Claim. The complete Package Claim form must be submitted through the PBP website by way of the Report Package Stolen form located at https://porchbanditprotection.com/report-package-stolen/.
- Only complete Package Claims will be processed, and either a Claim Approval Notice or Claim Denial Notice will be delivered to the Subscriber, within seven (7) days of submission.
- If the Package Claim is approved, then Restitution will be made by check within 7 days of the delivery of the Claim Approval Notice.