2-yr Protection Plan: ArithmeType Keyboard
1. The Plan.
This service contract governs the 2-year hardware service and technical support provided to you by ArithmeType LLC, a Minnesota limited liability company (the “Company”) under the above-mentioned plan (the “Plan”) for the products distributed by the Company contained in its original packaging (“Covered Equipment”) listed on your proof of coverage document (“Plan Confirmation”).
2. When Coverage Begins and Ends.
Coverage begins when you purchase the Plan and ends on the date specified in your Plan Confirmation (“Coverage Period”) which is 2 years after the purchase date. To obtain your Plan Confirmation, register your Covered Equipment and your Plan’s registration number (“Plan Agreement Number”) with the Company. If auto-registration is available, you may receive a separate Plan Confirmation. If auto-registration is available and you do not receive a separate Plan Confirmation, your sales receipt will be your Plan Confirmation. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. The price of the Plan is contained in the original sales receipt. The hardware service and technical support coverage provided by the Plan is additional to the coverage provided by the manufacturer’s hardware warranty and complimentary technical support.
3. What is Covered?
3.1 Hardware Service
If during the Coverage Period, you submit a valid claim by notifying the Company that a defect in materials and workmanship has arisen in the Covered Equipment due to accidental damage, the Company will either (a) repair the defect at no charge, using new or refurbished parts that are the equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability and is functionally equivalent to the original product for an additional fee of $39. If the Company exchanges the Covered Equipment, the original product becomes the Company’s property and the replacement product is your property, with coverage for the remaining period of the plan.
3.2 Covered Equipment
The “Covered Equipment” includes the Company-branded product and accessories contained in the original packaging.
3.3 Technical Support
During the Coverage Period, the Company will provide you with access to telephone and web-based technical support resources. Technical support may include assistance with installation, launch, configuration, and troubleshooting, and determining when hardware service is required. The Company will provide support for the then-current version of the supported software.
3.4 Scope of Technical Support
Under the Plan, the Company will provide technical support for the Covered Equipment.
4. What is not Covered?
4.1 Hardware Service. The Company may restrict service to the Covered Equipment’s original country of purchase. The Plan does not apply to:
(i) Installation, removal or disposal of the Covered Equipment, or provision of equipment while the Covered Equipment is being serviced;
(ii) Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;
(iii) Covered Equipment that has been lost or stolen. This Plan only covers Covered Equipment that is returned to the Company in its entirety;
(iv) Cosmetic damage to the Covered Equipment including but not limited to scratches, dents;
(v) Preventative maintenance on the Covered Equipment; or
(vi) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
4.2 Technical Support. The Plan does not include third-party products or their effects on or interactions with the Covered Equipment.
5. How to Obtain Service and Support?
You may obtain hardware services and technical support by accessing the Company website firstname.lastname@example.org or call the Company at 651-661-MATH(6284). If calling, the Company’s technical support line will answer, and request your Plan Agreement Number or Covered Equipment serial number, before providing assistance. Keep your Plan Confirmation document and the original sales receipt for your Covered Equipment and your Plan, as it will be required if there is any question as to your product’s eligibility for coverage.
6. Hardware Service Options.
6.1 The Company will provide hardware services through one or more of the following options:
(i) Mail-in service. If the Company determines that your Covered Equipment is eligible for mail-in service, the Company will send you prepaid way bills (and if you no longer have the original packaging, the Company may send you packaging material) and you will ship the Covered Equipment to a Company location in accordance with the Company’s instructions. Once service is complete, the Company location will return the Covered Equipment or a replacement product to you. The Company will pay for shipping to and from your location if all instructions are followed. Alternatively, the Company or the Company Authorized Service Provider may arrange to pick your Covered Equipment up from you and then once the service is complete, ship the Covered Equipment back to you directly.
(ii) Express Replacement Service or do-it-yourself (“DIY”) parts service. Express Replacement Service is available for certain Covered Equipment products, and DIY parts service is available for many Covered Equipment parts, allowing you to service your own product. If DIY parts service is available in the circumstances, the following process will apply. Examples of DIY parts replacement service include keycaps or USB cord replacement.
(a) Service where the Company requires return of the product or part. The Company may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you are unable to provide credit card authorization, service may not be available to you and the Company will offer alternative arrangements for service. The Company will ship a replacement product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, the Company will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product or part as instructed or return a replaced product or part that is ineligible for service, the Company will charge the credit card for the authorized amount.
(b) Service where the Company may or may not require return of the replaced product or part. The Company will ship you a replacement product for an additional $39 or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c) The Company is not responsible for any labor costs you incur relating to Express Replacement Service or DIY parts service. Should you require further assistance, contact the Company at the telephone number listed below.
6.2 The Company reserves the right to change the method by which the Company may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Covered Equipment cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, and other associated taxes and charges. For international service, the Company may repair or exchange defective products and parts with comparable products and parts that comply with local standards.
7. Your Responsibilities
To receive service or support under the Plan, you agree to comply with the following:
(i) Provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if requested;
(ii) Provide information about the symptoms and causes of the issues with the Covered Equipment;
(iii) Respond to requests for information, including but not limited to the Covered Equipment serial number, model, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue; and
(iv) Follow instructions the Company gives you, including but not limited to refraining from sending the Company products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM THE COMPANY’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF THE COMPANY AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. THE COMPANY SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, THE COMPANY’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You may cancel this Plan at any time for any reason. If you decide to cancel you may do so by either sending written notice with your Plan Agreement Number to email@example.com, or by calling the Company at 651-661-MATH; a copy of the Plan’s original proof of purchase must accompany your notice or be available for reference. Unless local law provides otherwise, if you cancel within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund of the original purchase price, based on the percentage of unexpired Coverage Period from the Plan’s date of purchase, less (a) the applicable cancellation fee of ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan. Unless applicable local law provides otherwise, the Company may cancel this Plan for fraud or material misrepresentation. Unless applicable local law provides otherwise, the Company may also cancel this Plan if service parts for the Covered Equipment become unavailable, upon thirty (30) days’ prior written notice. If the Company cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.
10. Transfer of Plan
This plan is non-transferable to a new owner.
11. General Terms
(i) The Company may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(ii) The Company is not responsible for any failures or delays in performing under the Plan that are due to events outside the Company’s reasonable control.
(iii) You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.
(iv) This Plan is offered and valid only in the United States of America. This Plan is not offered to persons who have not reached the age of majority. This Plan may not be available in all states, and is not available where prohibited by law.
(v) In carrying out its obligations, the Company may, at its discretion and solely for the purposes of monitoring the quality of the Company’s response, record part or all of the calls between you and the Company.
(a) The Company has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to the Company regarding the processing of data, and the Company will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding how your data may be impacted by being processed in this way, contact the Company by emailing support services at firstname.lastname@example.org, or by calling the Company at 651-661-MATH.
(ix) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and the Company’s entire understanding with respect to the Plan.
(x) You must purchase the Plan at the time of keyboard purchase and register the Plan while your Company-branded product is within the Company’s One Year Limited Warranty. The Company is not obligated to renew this Plan. If the Company does offer a renewal, it will determine the price and terms.
(xi) There is no informal dispute settlement process available under this Plan.
(xiii) The governing law of this Plan will be the law of Minnesota.
(xiv) There is a deductible payment of $39 due in respect of a claim made under this Plan for a full replacement product, per incident.
(xv) The Plan will not be canceled due to pre-existing conditions in the Covered Equipment that are eligible for service under the Plan.