Terms & Conditions

Privacy Policy

Simply Mac takes your privacy very seriously. Our privacy commitments are fundamental to the way we do business every day. This applies to the information you voluntarily provide to us and applies to everyone who has a relationship with Simply Mac– including customers, vendors, job applicants, employees, and web site visitors.

WHAT INFORMATION WE COLLECT

As part of our business, we obtain certain personal information from you in order to provide a product or service to you, or consider you for employment. This information may include that which we receive from you on credit applications, job applications, insurance or other applications, and background check or drug test consent forms. The information collected may include, but is not limited to, financial information, social security numbers, driver’s licenses, addresses, and medical information.

Do Not Track: Do Not Track (DNT) is a privacy preference that users can set in their web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals, and, therefore, Simply Mac does not recognize DNT.

WHAT INFORMATION WE DISCLOSE

We will not sell your personal information to anyone, for any purpose. We do not disclose nonpublic personal information to anyone, except as permitted by law and for legitimate business purposes. The limited circumstances under which we are permitted by law to disclose personal information include: information necessary to service or process a product or service that you requested or authorized; to your legal representative; in response to a subpoena; to comply with federal, state, or local laws; and to protect against fraud. We are also permitted to disclose information to companies that perform services for us and with whom we have a non-disclosure agreement. For instance, we may have service providers with whom we contract certain financial services or that store files.

OUR SECURITY PROCEDURES

To protect your privacy, we collect only relevant information and make every effort to keep personal information safe. All of our employees and contractors are required to respect your privacy. We do not provide access to any employee or contactor who has not agreed to our non-disclosure policy. We maintain physical, electronic, and procedural safeguards that comply with state and federal regulations to guard your personal information.

In-Store Return Policy

Computers, iPads, iPods, Displays and Hard Drives

Any unopened product may be refunded or exchanged within 14 days of the original purchase date. Eligible warranty defects on Apple products may be resolved through our in-store Simple Care department. Opened products may be exchanged within 14 days of the original purchase date for store credit or refunded with a 10% restocking fee; iPhones and cellular Tablets are subject to AT&T’s restocking fee. All opened products must be in “like-new”, working condition with complete packaging. No refunds or exchanges after 14 days of purchase.

Accessories and Peripherals

Exchanges or refunds will be accepted within 14 days of the original purchase date. Products must be in “like-new”, working condition unless product is returned due to a manufacture defect. Eligible warranty defects on Apple products may be resolved through our in-store Simple Care department. After 14 days, products are subject to the manufacturer’s warranty guidelines.

Non-returnable Products

Products not eligible for refund, return or exchange include special-order computers, open DJI Drones, end of life models, open software, on-ear headphones, in-ear earphones, unused Simple Answers memberships, labor, iPhone repairs, iPhone swaps/replacements and gift cards.

Cash Refunds

No in-store cash refunds on purchases over $100. Simply Mac will refund any sale over $100 by check mailed to customer within 7 to 10 business days.

Online Terms & Return Policy

General Return Policy

Items purchased on simplymac.com are eligible for return within 14 calendar days from original purchase date. All returns must include original packaging and peripherals that were shipped with the original order. Only items that arrive DOA, damaged in transit, or still unopened are eligible for a full refund within 14 days. After 14 days, products are subject to the manufacturer’s warranty guidelines. Simply Mac reserves the right to test any DOA return and impose a 15% restocking fee if the item arrives in a misrepresented condition. Once the return is processed and product arrives in condition described by customer Simply Mac will process the refund immediately. Any item that arrives damaged due to customer misuse, is missing parts or peripherals, iCloud Activation Locked, or is in unsellable condition may result in a higher restocking fee or may no longer qualify for a refund. Open box returns are subject to a 15% restocking fee. Items ineligible for return include special order computers, software, headphones, and gift cards.

Non-returnable Products

Products not eligible for refund, return or exchange include special-order computers, Mac Pro, open box Apple Pro Display XDR, Apple Pro Stand, Apple VESA Mount Adapter, open box DJI drones, end of life models, software, headphones, in-ear earphones, unused Simply Answers memberships, labor, iPhone repairs, iPhone swaps/replacements and gift cards. AppleCare+, once registered on the device, must be refunded through Apple.

Return on the Web

In the unlikely event that your items arrive damaged, are missing components, the item shipped does not match, or if you're within your return policy and want to return your order please fill out the return form for review.

Additional Questions

If you have additional questions, please reach out to us at orders@simplymac.com.

Errors on the Sites

Prices and availability of products are subject to change without notice. In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, Simply Mac shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Simply Mac will immediately refund the amount charged to your credit card.

Order Policy & Shipping

Pricing and promotions on SimplyMac.com may vary from that of affiliated sites.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Simply Mac reserves the right at any time after receipt of your order to accept or decline your order for any reason. Simply Mac reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. All items purchased from Simply Mac are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you are not fully satisfied with your purchase, you may return it in accordance with SimplyMac.com's Return Policy.

Site Content and Information

The Sites contain information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. If a product offered by Simply Mac is not as described, you may return it according to SimplyMac.com's Return Policy.

Site Policies, Modification, and Severability

Simply Mac reserves the right to make changes to the Sites and these Conditions of Website Use and the Privacy Policy at any time. Each time you use the Sites, you should visit and review the then current Conditions of Use and Privacy Policy that apply to your transactions and use of the Sites. If you are dissatisfied with the Sites, their content, or Conditions of Website Use or Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Sites. If any of these Conditions of Use is deemed to be illegal or unenforceable, the remainder of the Conditions of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Simple Trade Terms of Service

Terms of Service

Clover Wireless Terms of Use for Participation in Trade-In Trade-Up Program (“Program”)

  1. INTENDED AUDIENCE USE: Clover Wireless, LLC (“Clover Wireless”) is the trade-in vendor for the Authorized Dealer and provides this Trade-in Trade-up Tool (“Tool”) site to you (“Consumer”, “you” or “your”), the “Authorized Dealer”, subject to these Terms of Use. The purpose of this Program is to provide you with the Tool to evaluate the Trade-Up Value (as defined herein) of your used mobile phone. Clover Wireless may update the Terms of Use from time to time without notice to you. You can review the most current version of the Terms of Use at: http://rq.retailrenew.com/terms

This Tool (collectively “the Site”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for the lawful use of your participation. The Site is owned, controlled and operated in whole or in part by Clover Wireless from its offices within the United States. You acknowledge that Clover Wireless reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time.

1.1 Eligibility. These Terms of Use are solely between Clover Wireless and you based upon your existing, and continued good standing as a customer with the Authorized Dealer and your compliance with these Terms of Use. By using the Tool or participating in the Program, you acknowledge and agree that neither the Authorized Dealer nor any of its promotional partners shall have any legal, equitable or other liability of any kind to you as it relates to your voluntary participation in this Program.

  1. ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States. By your continued use of this website tool, you agree to each of the terms and conditions set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you should not participate in the Program and you will be prohibited from using the Tool.
  2. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.
  3. ENTIRE AGREEMENT, SEVERABILITY, and APPLICABLEE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and Clover Wireless and govern your use of the Tool, superseding any prior agreements (if any) between you and Clover Wireless relating to your use of this Tool. If any provision of these web Tool Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Clover Wireless to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Tool you agree that the statutes and laws of the United States and the State of Washington and Michigan, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tool, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
  4. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the user. Neither Clover Wireless , the Authorized Dealer or their OEM partners will be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Clover Wireless and the Authorized Dealer have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or the Authorized Dealer to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this Tool, its content or links, shall not exceed the amount you paid to access this Tool.
  5. RESTRICTIONS ON USE OF CONTENT: © Copyright 2013 Clover Wireless All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by Clover Wireless that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, “Rights”). In addition to Clover Wireless’ Rights in individual elements of the Content, Clover Wireless, or its licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the Tool and related services found on the Site. This permission terminates automatically if you breach any of the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Clover Wireless, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. Clover Wireless does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Clover Wireless’s prior express written consent.
  6. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
    7.1 Prohibited Conduct. If you choose to participate in this Program, or a promotion or other Clover Wireless sponsored activity (“Web Site Activity”), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) “stalk” or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Clover Wireless’ sole discretion, will result in your immediate disqualification from participating in the Web Site Activity, and may result in additional legal actions being taken by Clover Wireless and/or the Authorized Dealer.

7.2 Program Requirements. In order to participate in the Program, you must have an eligible used phone as defined by the on-line Tool. The Retail Associate will identify if the used phone is eligible. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. You must be an Authorized Dealer customer to participate in the Program. The site is for the exclusive use of the Authorized Dealer consumers and is strictly prohibited for use by the Authorized Dealer’s or corporate accounts. There is a maximum of five (5) trade-ins utilizing OEM promotions per month per customer. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid Proof of purchases. Clover Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used phone is submitted by anyone other than the user of the used phone and 2) when the used phone was not active at the time of the new phone purchase and 3) the trade-in voucher was not signed by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid proof of purchase, you will not be paid the promotional trade-up amount.

  1. HOW IT WORKS: The Tool will reflect the value of a used phone based upon the manufacturer, model and condition of the phone (“Trade-Up Value”). The Tool will generate a receipt that includes an acknowledgment by the you that, among other things: (1) you understand you are selling the phone in consideration for the Trade-Up Value; (2) by accepting such Trade-Up Value, you are giving up full ownership rights to the phone; (3) you understand the phone will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of handset; (5) you have been advised of any return policy regarding the purchase of a new handset or accessory with the coupon; and (6) you are responsible for deactivating the used phone and ensuring you retire any outstanding balance. In addition, you must accept any other terms and conditions presented that may include specific provisions or eligibility to a particular promotion. Used phones received after 30 days following the initial quote date or after the promotional postmark date will be rejected or re-priced at the current market price solely at the discretion of Clover Wireless. Failure to accept the terms and conditions, shall impact your eligibility to participate in this Program.
  2. DEACTIVATION OF SERVICE: Clover Wireless, its vendors or the Authorized Dealer are not responsible for previous or subsequent airtime charges accrued to your phone prior to or following participation in the Program. Should any airtime charges occur, it is your responsibility to resolve any payments issues. 10. VALID ESN OR IMEI NUMBERS: All used phones must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).
  3. CONDITION OF TRADE-UP PRODUCT: To receive your full redemption value, you must accurately state the condition of the used phone and have all required documentation. An inspection will be performed by Clover Wireless upon receipt of your used phone. The used phone must power up, and be fully functional, with no mechanical damage and no missing parts. In order to receive your credit, Clover Wireless must first receive your used phone and the printed redemption form supplied by the tool upon acceptance, which form has been signed by you. If the used phone’s condition differs materially from that which you described, Clover Wireless reserves the right to unilaterally re-price your transaction quote based upon the current Trade-Up Value for the condition of your used phone. In the event the used phone does not meet the Trade-Up requirement, Clover Wireless will make an adjusted payment based upon the current price list for the model and condition of the used phone.
  4. RIGHT, TITLE AND INTEREST IN THE USED PHONE: You must verify that you own the right, title, and interest in the used phone Traded-Up in the program and that the phone is not reported lost or stolen.
  5. RETURN OF USED PHONE OR CONTENT THEREIN: Once you trade-in the used phone, Clover Wireless or its vendors will not be able to return the used phone or any of its contents including accessories or data contained in the used phone. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
  6. PAYMENT: Trade-in phone eligibility and in-store credits will be performed and provided as a discount against a qualified new phone purchase at participating and the Authorized Dealer retailers.
  7. PREPARING THE USED PHONE FOR TRADE-UP: To receive your redemption value, you must include the requested documentation including the system generated trade-in voucher, Proof or Purchase and ship in the used handset you wish to recycle to Clover Wireless. Proof of purchases may be copied only once from an original document. Clover Wireless or its vendors are not responsible for items that are lost or stolen in transit. Clover Wireless has the right to deny any trade-in claim without a valid Proof of Purchase.
  8. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: You are required to remove all personal or confidential information from your phone yourself. For information on how to remove personal data, please see the FAQ ‘How do I remove data from my old Wireless Phone?’ available online. However, if you do not remove any personal data from your mobile phone, Clover Wireless will remove any personal data from your used phone, but shall not be liable for any loss or risk in transit.
  9. ACCURACY AND REVISIONS: Clover Wireless may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Clover Wireless and the Authorized Dealer shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Clover Wireless may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.
  10. TERMINATION: You agree that Clover Wireless or the Authorized Dealer or its OEM promotional partners, may in their sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) and forfeit any submissions for any reason, including, without limitation, that Clover Wireless or the Authorized Dealer or its OEM partners believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
  11. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-Up request, you will share your contact information with Clover Wireless. Clover Wireless will treat any Customer information pursuant to its privacy policies. Please note that the privacy policy is at https://tradein.simpletradeup.com/privacy-policy available at governs and controls the privacy of your relationship with the Authorized Dealer.
  12. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-Up Tools FAQ page cannot answer, please contact tradeinces@cloverwireless.com

Trade-Up service powered by Clover Wireless

Simple Care+

Provider/Obligor

Safeware. The Insurance Agency, Inc.
5700 Perimeter Drive, Suite E
Dublin, Ohio 43017

Congratulations on purchasing this Service Agreement.

Please read these terms and conditions carefully so that you fully understand your coverage.

Congratulations on purchasing this Simple Care or Simple Care+ Service Agreement. Please read these terms and conditions carefully. It describes the protection You will receive in return for payment by You. Please keep this document in a safe place along with the Declarations Page You receive when You purchased Your Covered Product, as You may need them to verify Your coverage at the time of service. You must maintain the Covered Product as recommended by the manufacture’s owner’s manual or manufacturer’s warranty.

Seller

Simply Mac, Inc.

155 N. 400 W. #300

Salt Lake City, Utah 84103

801.308.1400

Definitions

“Administrator” and “SAFEWARE”, mean Safeware, The Insurance Agency Inc. (Texas license number 184), in all states except in Alabama, Arkansas, Georgia, Maine, Minnesota, Missouri, Montana, Nevada, New Mexico, Oregon, Utah, and Wyoming where it is Safeware Inc., except in Indiana, Kentucky, Maryland, New Jersey, and Oklahoma where it is Safeware Group Inc., except in Arizona, New Hampshire, New York and Wisconsin where it is Safeware, except in Vermont where it is Safeware Group. All are located at [5700 Perimeter Drive, Suite E, Dublin, OH 43017 (800) 800-1492];

“Covered Product” means the item(s) shown on Your Declarations Page, which You purchased and which is covered by this Service Agreement.

“Deductible” means the amount you are required to pay, for covered repairs and replacements. The Deductible is the amount stated on Your Declarations Page under the title Deductible. The Servicer or Seller will collect this amount prior to any service being performed.

“Failure” means the mechanical or electrical failure of the Covered Product due to a defect in materials or workmanship which takes place during normal usage of the Covered Product for the Term of this Service Agreement.

“Obligor“ “We”, “Us” and “Our” mean the company obligated under this Agreement, Northcoast Warranty Services, Inc., 800 Superior Avenue E, 21st Floor, Cleveland, OH 44114 (866) 927-3097 in all states except Washington where it is AMT Warranty Corp. 59 Maiden Lane, 43rd Floor, New York, NY 10038, 866-327-5818.

“Post Repair” means a product, which received a completed repair by SM prior to the purchase of this Service Agreement. Post Repair Products are subject to a 30-day waiting period during which no claim may be filed.

“Purchase Price” means the Purchase Price of this Service Agreement printed on the Declarations Page provided to You at the time of Your purchase of this Service Agreement from SM.

“Seller” and “SM” mean the seller of this Service Agreement, Simply Mac, Inc., as indicated above.

“Service Agreement” means the terms, conditions, limitations and exclusions, of this Simple Care or Simple Care+ Service Agreement, that You purchased, as indicated on Your Declarations Page. This is a Service Agreement; not an insurance policy.

“You” and “Your” mean the purchaser of this Service Agreement as indicated by Declarations Page.

Term

The “Term” of this Service Agreement shall commence on the effective date of for the Covered Product and continues for the period indicated on Your Declarations Page. This Service Agreement is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty but may provide certain benefits during the term of the manufacturer’s warranty. For Post Repair Products there is a 30 day wait period during which no claims can be filed.

Items Covered

This Service Agreement covers Failures, if the Failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract. Mobile Phones are eligible only if the IMEI is captured.

In the event of a Failure and a valid claim is received within 60 days of the Failure during the Term of this Service Agreement, We will at Our option, to the extent permitted by law, either (1) repair the hardware defect using new or refurbished replacement parts or non-original manufacturer replacement parts, or at Our sole discretion (2) replace the Covered Product with a product that has been manufactured from new or serviceable refurbished parts that is functionally equivalent to the Covered Product. If you purchased a Simple Care+ Service Agreement, as indicated on Your Declarations Page, this Service Agreement provides additional coverage for Accidental Damage from Handling (ADH) which includes protection from damage caused by drops and spills associated with the normal use and handling of Your product. Simple Care+ will provide protection for two instances of ADH wherein the Covered Product requires repair but not replacement (cracked glass). Or, this Simple Care+ will provide protection for one instance where the Covered Product requires repair followed by one instance where the Covered Product requires replacement. However, in no instance will Simple Care+ provide protection after two ADH repairs or after the product has been replaced. ADH coverage does not provide protection against theft, loss, reckless or abusive conduct associated with the handling of Your product. When a part or Covered Product is replaced, any replacement item becomes Your property and the replaced item becomes Our property. This Service Agreement also protects against the operational Failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories-approved surge protection and may be asked to provide Your surge protector for examination. Battery Coverage is provided for Covered Cell Phones, Tablets and Laptop Computers. Coverage is limited to rechargeable batteries that experience total failure as determined by us at our sole discretion. Not covered; Battery damage resulting from any loss of capacity

Items Not Covered

This Service Agreement does not provide protection against normal wear and tear, theft, loss, negligence, viruses, reckless, abusive, willful, or intentional misconduct associated with the handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect its functionality, or damage caused during shipment between You and Our service providers. If protective features such as covers, carrying cases, or pouches, etc., were provided or made available for use with the Covered Product, it is expected that You will continually use such product accessories for protection against damage. Abuse is additionally defined as Your intentional non-utilization of protective items during use of the Covered Product or Your treatment of the Covered Product in a harmful, injurious manner that may result in its damage.

This Service Agreement does NOT cover damage from this type of treatment or from the following: Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Covered Product in accordance with the manufacturer’s specifications and the owner’s manual, including, but not limited to, use with non-Apple product when required by the manufacturer, theft or loss, exposure to weather conditions, failure to properly clean, maintain, or lubricate the Covered Product, operator negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs, improper equipment modifications, attachments, installation or assembly, vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other peril originating from outside the Covered Product; Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality of the Covered Product; Screen imperfections, including “burn-in”. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein; Accessories such as power adaptors and/or consumer replaceable or consumable items such as, but not limited to, batteries(unless specifically indicated in Coverage Section), bulbs, toner, ribbons, ink cartridges, drums, belts, printer heads, etc.; Covered Product(s) with removed or altered serial numbers; Damage or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); Damage to computer hardware, software, and data caused by, including, but not limited to, viruses, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation, or reinstallation of any software or data; Damage or Charges related to transportation damage, customer education, cleaning, preventive maintenance, “no problem found” diagnosis, non-failure problems, including, but not limited to, items not covered such as noises, squeaks, etc., and intermittent issues which are not considered product failures. Damage from pre-existing conditions. Accidental damage unless You purchased Simple Care+ Service Agreement as noted on Your Declarations Page.

What to Do if a Covered Product Requires Service

Within 60 days of the operational Failure of the Covered Product, You must take the Covered Product to any SM location or phone Us at (866) 305-5639. If you are unable to take the Covered Product to a SM location, we will provide you with instructions to ship the Covered Product to SM and the repaired or replaced Covered Product will be shipped back to You. Authorization, by Us, is required prior to shipping the Covered Product to SM. You must pay shipping to SM; however, We will pay return shipping of the repaired or replaced item to You.

Purchaser Records

Please keep Your Declarations Page and this Service Agreement in a safe place as they may be required to submit a claim.

Limit of Liability

For New or Certified Pre-Owned Products

In the event We make payment(s) for repairs which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

For Post Repair Products

Laptops

For Current Generation Laptops the Limit of Liability is $900, for Older Generation Laptops the Limit of Liability is $700. Current Generation Laptops are defined as laptops that are 3 years older than the Calendar Year of contract purchase. Older Generation is more than 3 Years older than the Calendar Year of contract purchase.

 

All other Products

In the event We make payment(s) for repairs which in the aggregate are equal to the current MSRP or Actual Cash Value at the time of claim, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

IN NO EVENT SHALL WE, SM AND/OR ADMINISTRATOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT OR NEGLIGENCE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE, SM AND/OR ADMINISTRATOR SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT, INCLUDING INHERENT PRODUCT FLAWS. THIS CONTRACT WILL NOT COVER LOSS OR DAMAGE NOT SPECIFICALLY LISTED UNDER “ITEMS COVERED”.

Transfer of Service Agreement

This Service Agreement may be transferred to any person in the United States, however, the ability to return or cancel this Service Agreement for a refund of the Purchase Price is nontransferable. To transfer ownership of Your Product and this Service Agreement, within 10 days of the transfer, send to the Administrator at the address above, a copy of this Service Agreement, along with the name, address, and phone number of the new owner, and the date of transfer. The manufacturer’s warranty may not be transferrable. This Service Agreement does not replace the manufacturer’s warranty and provides no coverage therein, except as noted above.

No Lemon Policy

If, within any twelve (12) month period, beginning after the manufacturer’s warranty has expired, Your Covered Product has three (3) non ADH service repairs completed by Us for the same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of the Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.

Cancellation

You may cancel this Service Agreement for any reason at any time by informing the Seller. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price of this Service Agreement. If allowed by Your state regulations, if a claim has been made or after thirty (30) days, you may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and less and administrative fee not to exceed ten percent (10%) or $20.00 whichever is less, unless otherwise prohibited by state law. A refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. This cancellation provision only applies to the original purchaser of this Service Agreement

We may cancel this Service Agreement, at Our option, only on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a refund based on one-hundred percent (100%) of the unearned pro rata purchase price of this Service Agreement, less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Service Agreement, written notice, including the effective date of and the reason for cancellation, will be mailed to You at least 15 days prior to the effective date of cancellation. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.

Renewal

At Our discretion, We may offer You a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the Covered Product, and current service cost at the time of renewal. It is Our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If We elect to offer a renewal to this Service Agreement, We will send You a Renewal Offer at that time.

Insurer

THIS IS NOT AN INSURANCE POLICY; IT IS A SERVICE CONTRACT. WE HAVE OBTAINED AN INSURANCE POLICY TO INSURE OUR PERFORMANCE UNDER THIS SERVICE CONTRACT. SHOULD WE FAIL TO PAY ANY CLAIM OR FAIL TO REPLACE THE PRODUCT COVERED UNDER THIS SERVICE CONTRACT WITHIN SIXTY (60) DAYS AFTER THE CLAIM HAS BEEN SUBMITTED, OR IN THE EVENT YOU CANCEL THIS SERVICE CONTRACT, AND WE FAIL TO REFUND ANY UNEARNED PORTION OF THE SERVICE CONTRACT PRICE, YOU ARE ENTITLED TO MAKE A DIRECT CLAIM AGAINST THE INSURER, WESCO INSURANCE COMPANY, AT 866-505-4048 OR 59 MAIDEN LANE, 43RD FLOOR, NEW YORK, NY 10038.

Entire Contract

This Service Agreement, including the terms, conditions, limitations, exceptions and exclusions along with Your Declarations Page sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise, or condition not contained herein shall modify these terms, except as required by law.

State Variations

Regulation of this Service Agreement may vary widely from state to state. Any provision within this Service Agreement which conflicts with the laws of the state where You live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Service Agreement was purchased in one of the following states and supersede any other provision within Your Service Agreement terms and conditions to the contrary.

Alabama: You may cancel this Service Agreement within thirty (30) days of the receipt of this Service Agreement. If no claim has been made under the Service Agreement, the Service Agreement is void and We shall refund to You the full purchase price of the Service Agreement including any premium paid for the applicable insurance policy. If You cancel this Service Agreement after thirty (30) days of receipt of this Service Agreement, We shall refund to You the unearned portion of the full purchase price of the Service Agreement including the unearned portion of any premium paid for any applicable insurance policy, agreement less an administrative fee of twenty-five dollars ($25).

Arizona: WAITING PERIOD (Post Repair Products only) – A term equivalent to the waiting period will be added to the term of Your Service Agreement. ITEMS NOT COVERED – We shall not provide coverage only for those specifically listed items in the “ITEMS NOT COVERED” section which occurred while owned by You. "Pre-existing conditions" is amended to include: may not be excluded if such conditions were known or should reasonably have been known by Us or the Retailer. CANCELLATION is amended as follows: The Provider may only cancel this Service Contract for fraud by You, material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. In no event will any claims incurred or paid be deducted from any refund.

Arkansas: CANCELLATION is amended as follows: If We cancel this Service Contract, no cancellation fee shall apply. CONTRACT HOLDER RESPONSIBILITY – It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the Covered Product.

California: Safeware, The Insurance Agency, Inc. (License No. SA57) is the Service Contract Administrator and Northcoast Warranty Services, Inc. (License No. SA-19178) is the Obligor for this Service Contract. CANCELLATION is amended as follows: This Service Contract may be canceled by the Service Contract Holder for any reason, including, but not limited to, the Product covered under this Service Contract being sold, lost, stolen or destroyed. If You decide to cancel Your Service Contract, and Your cancellation notice is received by the Administrator within thirty (30) days of the date You received the Service Contract and no claims have been paid, You will be refunded the full Service Contract price. If You have made claims against the Service Contract or cancellation notice is received by the Administrator after thirty (30) days from the date You received this Service Contract, You will be refunded a pro-rated amount of the Service Contract price, less any claims paid, and less an administrative fee of ten percent (10%) of the Service Contract price or twenty-five dollars ($20), whichever is less.

Colorado: SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

Connecticut: This Service Contract is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097 and You. In the event of a dispute with Administrator, You may contact The State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Product, the cost of repair of the Product and a copy of the warranty Service Contract. GUARANTY is amended as follows: If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, file a claim against the insurer, Wesco Insurance Company at 59 Maiden Lane, 43rd Floor, New York, NY 10038, by calling 1-866-505-4048. CANCELLATION is amended as follows: This Service Contract may be cancelled by the Service Contract Holder if the Product covered under this Service Contract is returned, sold, lost, stolen or destroyed. SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

District of Columbia: CANCELLATION is amended as follows: Any cancellation fee shall not exceed the lesser of ten percent (10%) of the gross Service Contract price or $20.00, whichever is less. CONTRACT HOLDER RESPONSIBILITY – It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the Covered Product.

Florida: This Service Contract is between the Provider, Technology Insurance Company, Inc. (License No. 03605) and You, the purchaser. CANCELLATION is deleted and replaced with the following: You may cancel Your Service Contract at any time by informing the selling dealer or the Administrator of Your cancellation request. In the event the Service Contract is canceled by You, return of the premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. In the event the Service Contract is canceled by the Administrator or Provider, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. GUARANTY is deleted and replaced with the following: This is not an insurance policy, it is a Service Contract. The rates charged to You for this Service Contract are not subject to regulation by the Florida Office of Insurance Regulation.

Georgia: This Service Agreement shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the Service Agreement and we shall refund the excess of the consideration paid for the Service Agreement above the customary short rate for the expired term of the Service Agreement. This Service Agreement excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. The following is added as the last paragraph to “Items Not Covered” above: Should the manufacturer of Your Product go out of business or the manufacturer no longer provide product support and all parts sources have been exhausted during the coverage period of this service agreement, the seller, obligor and the administrator shall be excused from performance hereunder and You shall receive a full refund of the service agreement purchase price paid by You. WAITING PERIOD (Post Repair Products only) – A term equivalent to the waiting period will be added to the term of Your Service Agreement.

Hawaii: SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

Illinois: You may cancel this Service Agreement for any reason at any time. If You cancel within thirty (30) days of contract purchase, and We have not paid a claim, You will receive a full refund, less a cancellation fee of fifty dollars ($50.00) or ten percent (10%) of the Service Agreement price. If You cancel after thirty (30) days or any time after we pay a claim, You will receive a pro-rata refund of the Service Agreement price based on the days remaining, less any claims that have been paid, and less a cancellation fee of fifty dollars ($50.00) or ten percent (10%) of the Service Agreement price.

Indiana: This Contract is not insurance and is not subject to Indiana insurance law. Your proof of payment to the Seller for this Service Agreement shall be considered proof of payment to the insurance company which guarantees Our obligations to You. If We fail to perform or make payment due under this Contract within sixty (60) days after You request the performance or payment, You may request the performance or payment directly from the insurer that issued the provider's Service Contract reimbursement policy, including any applicable requirement under the Contract that the provider refund any part of the cost of the Contract upon cancellation of the Contract. This Service Agreement excludes coverage for pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you or caused by You.

Michigan: If performance of the Service Contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the Service Contract shall be extended for the period of the strike or work stoppage.

Missouri: The following statement is added to Section Entire Contract “A claim submitted to the insurer may include a claim of the unearned premium in the event of a cancellation”. CANCELLATION section is amended as follows: In no event will a cancellation fee or any claims be deducted from any refund.

Nevada: WAITING PERIOD (Post Repair Products only) – This Service Agreement includes a thirty (30) day waiting period. If You are not satisfied with the manner in which We are handling your claim, You may contact the Nevada Insurance Commissioner toll-free at (888)-872-3234. CANCELLATION is amended as follows: Any reference to Administrative Fee is deleted and replaced with the term Cancellation Fee. In no event will a cancellation fee exceed $20.00. In no event will any claims incurred or paid be deducted from any refund. If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service Contract and the refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract. We may cancel this Service Agreement within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Agreement for nonpayment by You, fraud or material misrepresentation by You, or a substantial breach of duties by You relating to the covered property or its use if it occurred after the effective date of the service contract and it substantially and materially increase the service required under the service contract. If We cancel this Service Contract, You will be entitled to a pro-rata refund of the unearned Service Contract fee, no cancellation fee shall apply. ITEMS NOT COVERED – This Contract provides coverage that is excess over any other applicable coverage. Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Contract, or damages arising from such actions are excluded.

New Hampshire: In the event You do not receive satisfaction under this Service Contract, You may contact the New Hampshire Insurance Department at, 21 South Fruit Street, Suite 14, Concord, NH 03301, 603-271-2261.

New Mexico: GUARANTY is amended to include: This service contract is insured by Wesco Insurance Company. If the service contract provider fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Wesco Insurance Company at 866-505-4048, WescoHelp@amtrustgroup.com, or 59 Maiden Lane, 43rd Floor, New York, NY 10038. If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at 855-427-5674. CANCELLATION is amended as follows: No cancellation fee will apply if We cancel this Service Contract. If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service Contract and the refund is not paid or credited within sixty (60) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract. We may cancel this Service Contract within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Contract for the following acts by the Contract Holder: Non-payment; conviction of a crime that results in an increase in the service required under the Service Contract; discovery of fraud or material misrepresentation by the Contract Holder in obtaining the Service Contract or in presenting a claim; or discovery of either of the following if it occurred after the effective date of the Service Contract and substantially and materially increased the service required under the Service Contract: an act or omission; or a violation of any condition of the Service Contract.

North Carolina: CANCELLATION is amended as follows: We may only cancel this Service Contract for non-payment of the purchase price of the Service Contract or a direct violation of the Service Contract by You.

Oklahoma: WAITING PERIOD (Post Repair Products only) – A term equivalent to the waiting period will be added to the term of Your Service Agreement.

Oregon: This Service Contract is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097] and You. HOW TO FILE A CLAIM – If You need to file a claim under this Service Contract, You must take the Covered Product to any SM location or phone Us at (866) 305-5639. Failure to call in and report the claim may result in non-payment. If the Administrator determines that there was a Covered Failure, then We will pay You in accordance with the terms and conditions of this Contract.

South Carolina: If You have any questions regarding this Service Contract, or a complaint against the Obligor, You may contact the South Carolina Department of Insurance at 1201 Main Street, Suite 1000, Columbia, South Carolina 29201, (800) 768-3467.

Texas: The Administrator is Safeware, The Insurance Agency, Inc., Service Contract Administrator No. 184. If You purchased this Service Agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a Service Agreement provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Service Agreement is returned to the provider. CANCELLATION section is amended as follows: You may return this Service Agreement within thirty (30) days of the date of purchase of this Service Agreement. If this Service Agreement is cancelled within the first thirty (30) days, We will refund the entire Service Agreement charge, less claims paid. If this Service Agreement is cancelled after the first thirty (30) days, You will receive a pro-rata refund of the Service Agreement price less claims paid and less an administrative fee not to exceed ten percent (10%) or $20.00 whichever is less. If We cancel this Service Agreement, no cancellation fee shall apply and We shall provide written notice to You at the last known address held by Us at least fifteen (15) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation.

Utah: NOTICE. This Service Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Agreement is not guaranteed by the Utah Property and Casualty Guarantee Association. This Service Agreement may be canceled due to unauthorized Repair, which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this contract due to fraud or material misrepresentation, you will be notified thirty (30) days prior to cancellation. If we cancel this Service Agreement due to nonpayment, you will be notified ten (10) days prior to Service Agreement cancellation. Afterhours, You may submit a claim by visiting Our website at www.safeware.com.   If the claim is a life threatening emergency, You will be reimbursed for the emergency repairs performed outside of normal business hours. Receipts and proof of repair should be sent to Us at Safeware, Inc. 5700 Perimeter Dr. Ste. E. Dublin OH 43017 or by email to espinvoices@safeware.com.

Virginia: If any promise made in the Service Agreement has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

Washington:   This Service Agreement is an agreement between the Obligor/Provider, AMT Warranty Corp., 800 Superior Ave. E., 21st Fl., Cleveland, OH 44114 and You. CANCELLATION is amended as follows: If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service and the refund is not paid or credited within thirty (30) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract. If We cancel this Service Contract, We shall provide written notice to You at the last known address held by Us at least twenty-one (21) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation. What is Not Covered from coverage are limited to those expressly stated under the Items Not Covered section above. INSURER is amended to include: You are entitled to apply   directly with Wesco Insurance Company for refund, payment or performance due, at 59 Maiden Lane, 43rd Floor, New York, NY 10038 or 866-505-4048. In Washington this is not a contract of insurance. This is the entire Service Agreement between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. The Selling Retailer is not a party to this Service Agreement. The Obligations of the Obligor under this Service Agreement are backed by the Insurer. The State of Washington is the jurisdiction for any civil action in connection with this Service Agreement.

Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. CANCELLATION is deleted and replaced as follows: You may cancel this Service Contract at any time by informing Us or the Administrator.

If this Service Contract is canceled within thirty (30) days of the date of purchase and no Claims have been paid, the Administrator shall return one hundred percent (100%) of the purchase price paid and the Service Contract shall be void. The right to void the Service Contract applies only to the original purchaser of the Service Contract. If Your refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, We will add an extra ten percent (10%) to Your due refund for every thirty (30) days the refund is not paid by Us.

For Service Contracts canceled subsequent to the period stated in the preceding paragraph or if a claim has been made under this Service Contract within such period, We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Service Contract purchase price paid. If You request cancellation due to a total loss of Your Product which is not covered by a replacement under the terms of Your Service Contract, the Administrator shall return one hundred percent (100%) of the unearned pro-rata Service Contract purchase price paid, less claims paid.

We may only cancel this Service Contract for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Contract purchase price paid.

If We cancel this Service Contract, We shall provide written notice to You at Your last known address at least five (5) days prior to cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. Unauthorized repairs may not be covered.

GUARANTY is deleted and replaced as follows: Our obligations under this Service Contract are insured under a Service Contract reimbursement insurance policy. Should We fail to pay any Claim or fail to replace the Product covered under this Service Contract within sixty (60) days after You provide proof of loss or, in the event You cancel this Service Contract and We fail to refund the unearned portion of the Service Contract purchase price, or if the Provider becomes insolvent or otherwise financially impaired, You are entitled to make a direct Claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 43rd Floor, New York, NY 10038 for reimbursement, payment or provision of this Service Contract. SERVICE CONTRACT HOLDER’S RESPONSIBILITY - It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

Wyoming: This Service Agreement will be considered void and We will refund You the full purchase price of the Service Agreement or credit Your account if You have not made a claim under this Service Agreement and You have returned the Service Agreement to Us a) within 20 days after the date We have mailed the Service Agreement to You, b) within 10 days after You have received the Service Agreement if the Service Agreement was furnished to You at the time the Service Agreement was purchased, or c) within a longer time period if specified in the Service Agreement. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Service Agreement to Us. The right to void the Service Agreement provided in this subsection applies only to the original Service Agreement purchaser and is not transferable. If We cancel this Service Agreement for reasons other than nonpayment, a material misrepresentation made by You to us or because of a substantial breach of duties by You relating to the product or its use, we will mail a written notice to You at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation. In the event covered service is not provided by Us within sixty (60) days of proof of loss by You, You are entitled to apply directly to the reimbursement insurance company.

.

Simple Care

Provider/Obligor

Safeware. The Insurance Agency, Inc.
5700 Perimeter Drive, Suite E
Dublin, Ohio 43017

Congratulations on purchasing this Service Agreement.

Please read these terms and conditions carefully so that you fully understand your coverage.

Congratulations on purchasing this Simple Care or Simple Care+ Service Agreement. Please read these terms and conditions carefully. It describes the protection You will receive in return for payment by You. Please keep this document in a safe place along with the Declarations Page You receive when You purchased Your Covered Product, as You may need them to verify Your coverage at the time of service. You must maintain the Covered Product as recommended by the manufacture’s owner’s manual or manufacturer’s warranty.

Seller

Simply Mac, Inc.

155 N. 400 W. #300

Salt Lake City, Utah 84103

801.308.1400

Definitions

“Administrator” and “SAFEWARE”, mean Safeware, The Insurance Agency Inc. (Texas license number 184), in all states except in Alabama, Arkansas, Georgia, Maine, Minnesota, Missouri, Montana, Nevada, New Mexico, Oregon, Utah, and Wyoming where it is Safeware Inc., except in Indiana, Kentucky, Maryland, New Jersey, and Oklahoma where it is Safeware Group Inc., except in Arizona, New Hampshire, New York and Wisconsin where it is Safeware, except in Vermont where it is Safeware Group. All are located at [5700 Perimeter Drive, Suite E, Dublin, OH 43017 (800) 800-1492];

“Covered Product” means the item(s) shown on Your Declarations Page, which You purchased and which is covered by this Service Agreement.

“Deductible” means the amount you are required to pay, for covered repairs and replacements. The Deductible is the amount stated on Your Declarations Page under the title Deductible. The Servicer or Seller will collect this amount prior to any service being performed.

“Failure” means the mechanical or electrical failure of the Covered Product due to a defect in materials or workmanship which takes place during normal usage of the Covered Product for the Term of this Service Agreement.

“Obligor“ “We”, “Us” and “Our” mean the company obligated under this Agreement, Northcoast Warranty Services, Inc., 800 Superior Avenue E, 21st Floor, Cleveland, OH 44114 (866) 927-3097 in all states except Washington where it is AMT Warranty Corp. 59 Maiden Lane, 43rd Floor, New York, NY 10038, 866-327-5818.

“Post Repair” means a product, which received a completed repair by SM prior to the purchase of this Service Agreement. Post Repair Products are subject to a 30-day waiting period during which no claim may be filed.

“Purchase Price” means the Purchase Price of this Service Agreement printed on the Declarations Page provided to You at the time of Your purchase of this Service Agreement from SM.

“Seller” and “SM” mean the seller of this Service Agreement, Simply Mac, Inc., as indicated above.

“Service Agreement” means the terms, conditions, limitations and exclusions, of this Simple Care or Simple Care+ Service Agreement, that You purchased, as indicated on Your Declarations Page. This is a Service Agreement; not an insurance policy.

“You” and “Your” mean the purchaser of this Service Agreement as indicated by Declarations Page.

Term

The “Term” of this Service Agreement shall commence on the effective date of for the Covered Product and continues for the period indicated on Your Declarations Page. This Service Agreement is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty but may provide certain benefits during the term of the manufacturer’s warranty. For Post Repair Products there is a 30 day wait period during which no claims can be filed.

Items Covered

This Service Agreement covers Failures, if the Failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract. Mobile Phones are eligible only if the IMEI is captured.

In the event of a Failure and a valid claim is received within 60 days of the Failure during the Term of this Service Agreement, We will at Our option, to the extent permitted by law, either (1) repair the hardware defect using new or refurbished replacement parts or non-original manufacturer replacement parts, or at Our sole discretion (2) replace the Covered Product with a product that has been manufactured from new or serviceable refurbished parts that is functionally equivalent to the Covered Product. If you purchased a Simple Care+ Service Agreement, as indicated on Your Declarations Page, this Service Agreement provides additional coverage for Accidental Damage from Handling (ADH) which includes protection from damage caused by drops and spills associated with the normal use and handling of Your product. Simple Care+ will provide protection for two instances of ADH wherein the Covered Product requires repair but not replacement (cracked glass). Or, this Simple Care+ will provide protection for one instance where the Covered Product requires repair followed by one instance where the Covered Product requires replacement. However, in no instance will Simple Care+ provide protection after two ADH repairs or after the product has been replaced. ADH coverage does not provide protection against theft, loss, reckless or abusive conduct associated with the handling of Your product. When a part or Covered Product is replaced, any replacement item becomes Your property and the replaced item becomes Our property. This Service Agreement also protects against the operational Failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories-approved surge protection and may be asked to provide Your surge protector for examination. Battery Coverage is provided for Covered Cell Phones, Tablets and Laptop Computers. Coverage is limited to rechargeable batteries that experience total failure as determined by us at our sole discretion. Not covered; Battery damage resulting from any loss of capacity

Items Not Covered

This Service Agreement does not provide protection against normal wear and tear, theft, loss, negligence, viruses, reckless, abusive, willful, or intentional misconduct associated with the handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect its functionality, or damage caused during shipment between You and Our service providers. If protective features such as covers, carrying cases, or pouches, etc., were provided or made available for use with the Covered Product, it is expected that You will continually use such product accessories for protection against damage. Abuse is additionally defined as Your intentional non-utilization of protective items during use of the Covered Product or Your treatment of the Covered Product in a harmful, injurious manner that may result in its damage.

This Service Agreement does NOT cover damage from this type of treatment or from the following: Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Covered Product in accordance with the manufacturer’s specifications and the owner’s manual, including, but not limited to, use with non-Apple product when required by the manufacturer, theft or loss, exposure to weather conditions, failure to properly clean, maintain, or lubricate the Covered Product, operator negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs, improper equipment modifications, attachments, installation or assembly, vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other peril originating from outside the Covered Product; Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality of the Covered Product; Screen imperfections, including “burn-in”. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein; Accessories such as power adaptors and/or consumer replaceable or consumable items such as, but not limited to, batteries(unless specifically indicated in Coverage Section), bulbs, toner, ribbons, ink cartridges, drums, belts, printer heads, etc.; Covered Product(s) with removed or altered serial numbers; Damage or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); Damage to computer hardware, software, and data caused by, including, but not limited to, viruses, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation, or reinstallation of any software or data; Damage or Charges related to transportation damage, customer education, cleaning, preventive maintenance, “no problem found” diagnosis, non-failure problems, including, but not limited to, items not covered such as noises, squeaks, etc., and intermittent issues which are not considered product failures. Damage from pre-existing conditions. Accidental damage unless You purchased Simple Care+ Service Agreement as noted on Your Declarations Page.

What to Do if a Covered Product Requires Service

Within 60 days of the operational Failure of the Covered Product, You must take the Covered Product to any SM location or phone Us at (866) 305-5639. If you are unable to take the Covered Product to a SM location, we will provide you with instructions to ship the Covered Product to SM and the repaired or replaced Covered Product will be shipped back to You. Authorization, by Us, is required prior to shipping the Covered Product to SM. You must pay shipping to SM; however, We will pay return shipping of the repaired or replaced item to You.

Purchaser Records

Please keep Your Declarations Page and this Service Agreement in a safe place as they may be required to submit a claim.

Limit of Liability

For New or Certified Pre-Owned Products

In the event We make payment(s) for repairs which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

For Post Repair Products

Laptops

For Current Generation Laptops the Limit of Liability is $900, for Older Generation Laptops the Limit of Liability is $700. Current Generation Laptops are defined as laptops that are 3 years older than the Calendar Year of contract purchase. Older Generation is more than 3 Years older than the Calendar Year of contract purchase.

 

All other Products

In the event We make payment(s) for repairs which in the aggregate are equal to the current MSRP or Actual Cash Value at the time of claim, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

IN NO EVENT SHALL WE, SM AND/OR ADMINISTRATOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT OR NEGLIGENCE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE, SM AND/OR ADMINISTRATOR SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT, INCLUDING INHERENT PRODUCT FLAWS. THIS CONTRACT WILL NOT COVER LOSS OR DAMAGE NOT SPECIFICALLY LISTED UNDER “ITEMS COVERED”.

Transfer of Service Agreement

This Service Agreement may be transferred to any person in the United States, however, the ability to return or cancel this Service Agreement for a refund of the Purchase Price is nontransferable. To transfer ownership of Your Product and this Service Agreement, within 10 days of the transfer, send to the Administrator at the address above, a copy of this Service Agreement, along with the name, address, and phone number of the new owner, and the date of transfer. The manufacturer’s warranty may not be transferrable. This Service Agreement does not replace the manufacturer’s warranty and provides no coverage therein, except as noted above.

No Lemon Policy

If, within any twelve (12) month period, beginning after the manufacturer’s warranty has expired, Your Covered Product has three (3) non ADH service repairs completed by Us for the same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of the Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.

Cancellation

You may cancel this Service Agreement for any reason at any time by informing the Seller. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price of this Service Agreement. If allowed by Your state regulations, if a claim has been made or after thirty (30) days, you may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and less and administrative fee not to exceed ten percent (10%) or $20.00 whichever is less, unless otherwise prohibited by state law. A refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. This cancellation provision only applies to the original purchaser of this Service Agreement

We may cancel this Service Agreement, at Our option, only on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a refund based on one-hundred percent (100%) of the unearned pro rata purchase price of this Service Agreement, less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Service Agreement, written notice, including the effective date of and the reason for cancellation, will be mailed to You at least 15 days prior to the effective date of cancellation. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.

Renewal

At Our discretion, We may offer You a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the Covered Product, and current service cost at the time of renewal. It is Our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If We elect to offer a renewal to this Service Agreement, We will send You a Renewal Offer at that time.

Insurer

THIS IS NOT AN INSURANCE POLICY; IT IS A SERVICE CONTRACT. WE HAVE OBTAINED AN INSURANCE POLICY TO INSURE OUR PERFORMANCE UNDER THIS SERVICE CONTRACT. SHOULD WE FAIL TO PAY ANY CLAIM OR FAIL TO REPLACE THE PRODUCT COVERED UNDER THIS SERVICE CONTRACT WITHIN SIXTY (60) DAYS AFTER THE CLAIM HAS BEEN SUBMITTED, OR IN THE EVENT YOU CANCEL THIS SERVICE CONTRACT, AND WE FAIL TO REFUND ANY UNEARNED PORTION OF THE SERVICE CONTRACT PRICE, YOU ARE ENTITLED TO MAKE A DIRECT CLAIM AGAINST THE INSURER, WESCO INSURANCE COMPANY, AT 866-505-4048 OR 59 MAIDEN LANE, 43RD FLOOR, NEW YORK, NY 10038.

Entire Contract

This Service Agreement, including the terms, conditions, limitations, exceptions and exclusions along with Your Declarations Page sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise, or condition not contained herein shall modify these terms, except as required by law.

State Variations

Regulation of this Service Agreement may vary widely from state to state. Any provision within this Service Agreement which conflicts with the laws of the state where You live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Service Agreement was purchased in one of the following states and supersede any other provision within Your Service Agreement terms and conditions to the contrary.

Alabama: You may cancel this Service Agreement within thirty (30) days of the receipt of this Service Agreement. If no claim has been made under the Service Agreement, the Service Agreement is void and We shall refund to You the full purchase price of the Service Agreement including any premium paid for the applicable insurance policy. If You cancel this Service Agreement after thirty (30) days of receipt of this Service Agreement, We shall refund to You the unearned portion of the full purchase price of the Service Agreement including the unearned portion of any premium paid for any applicable insurance policy, agreement less an administrative fee of twenty-five dollars ($25).

Arizona: WAITING PERIOD (Post Repair Products only) – A term equivalent to the waiting period will be added to the term of Your Service Agreement. ITEMS NOT COVERED – We shall not provide coverage only for those specifically listed items in the “ITEMS NOT COVERED” section which occurred while owned by You. "Pre-existing conditions" is amended to include: may not be excluded if such conditions were known or should reasonably have been known by Us or the Retailer. CANCELLATION is amended as follows: The Provider may only cancel this Service Contract for fraud by You, material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. In no event will any claims incurred or paid be deducted from any refund.

Arkansas: CANCELLATION is amended as follows: If We cancel this Service Contract, no cancellation fee shall apply. CONTRACT HOLDER RESPONSIBILITY – It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the Covered Product.

California: Safeware, The Insurance Agency, Inc. (License No. SA57) is the Service Contract Administrator and Northcoast Warranty Services, Inc. (License No. SA-19178) is the Obligor for this Service Contract. CANCELLATION is amended as follows: This Service Contract may be canceled by the Service Contract Holder for any reason, including, but not limited to, the Product covered under this Service Contract being sold, lost, stolen or destroyed. If You decide to cancel Your Service Contract, and Your cancellation notice is received by the Administrator within thirty (30) days of the date You received the Service Contract and no claims have been paid, You will be refunded the full Service Contract price. If You have made claims against the Service Contract or cancellation notice is received by the Administrator after thirty (30) days from the date You received this Service Contract, You will be refunded a pro-rated amount of the Service Contract price, less any claims paid, and less an administrative fee of ten percent (10%) of the Service Contract price or twenty-five dollars ($20), whichever is less.

Colorado: SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

Connecticut: This Service Contract is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097 and You. In the event of a dispute with Administrator, You may contact The State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Product, the cost of repair of the Product and a copy of the warranty Service Contract. GUARANTY is amended as follows: If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, file a claim against the insurer, Wesco Insurance Company at 59 Maiden Lane, 43rd Floor, New York, NY 10038, by calling 1-866-505-4048. CANCELLATION is amended as follows: This Service Contract may be cancelled by the Service Contract Holder if the Product covered under this Service Contract is returned, sold, lost, stolen or destroyed. SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

District of Columbia: CANCELLATION is amended as follows: Any cancellation fee shall not exceed the lesser of ten percent (10%) of the gross Service Contract price or $20.00, whichever is less. CONTRACT HOLDER RESPONSIBILITY – It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the Covered Product.

Florida: This Service Contract is between the Provider, Technology Insurance Company, Inc. (License No. 03605) and You, the purchaser. CANCELLATION is deleted and replaced with the following: You may cancel Your Service Contract at any time by informing the selling dealer or the Administrator of Your cancellation request. In the event the Service Contract is canceled by You, return of the premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. In the event the Service Contract is canceled by the Administrator or Provider, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. GUARANTY is deleted and replaced with the following: This is not an insurance policy, it is a Service Contract. The rates charged to You for this Service Contract are not subject to regulation by the Florida Office of Insurance Regulation.

Georgia: This Service Agreement shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the Service Agreement and we shall refund the excess of the consideration paid for the Service Agreement above the customary short rate for the expired term of the Service Agreement. This Service Agreement excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. The following is added as the last paragraph to “Items Not Covered” above: Should the manufacturer of Your Product go out of business or the manufacturer no longer provide product support and all parts sources have been exhausted during the coverage period of this service agreement, the seller, obligor and the administrator shall be excused from performance hereunder and You shall receive a full refund of the service agreement purchase price paid by You. WAITING PERIOD (Post Repair Products only) – A term equivalent to the waiting period will be added to the term of Your Service Agreement.

Hawaii: SERVICE CONTRACT HOLDER’S RESPONSIBILITY: It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

Illinois: You may cancel this Service Agreement for any reason at any time. If You cancel within thirty (30) days of contract purchase, and We have not paid a claim, You will receive a full refund, less a cancellation fee of fifty dollars ($50.00) or ten percent (10%) of the Service Agreement price. If You cancel after thirty (30) days or any time after we pay a claim, You will receive a pro-rata refund of the Service Agreement price based on the days remaining, less any claims that have been paid, and less a cancellation fee of fifty dollars ($50.00) or ten percent (10%) of the Service Agreement price.

Indiana: This Contract is not insurance and is not subject to Indiana insurance law. Your proof of payment to the Seller for this Service Agreement shall be considered proof of payment to the insurance company which guarantees Our obligations to You. If We fail to perform or make payment due under this Contract within sixty (60) days after You request the performance or payment, You may request the performance or payment directly from the insurer that issued the provider's Service Contract reimbursement policy, including any applicable requirement under the Contract that the provider refund any part of the cost of the Contract upon cancellation of the Contract. This Service Agreement excludes coverage for pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you or caused by You.

Michigan: If performance of the Service Contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the Service Contract shall be extended for the period of the strike or work stoppage.

Missouri: The following statement is added to Section Entire Contract “A claim submitted to the insurer may include a claim of the unearned premium in the event of a cancellation”. CANCELLATION section is amended as follows: In no event will a cancellation fee or any claims be deducted from any refund.

Nevada: WAITING PERIOD (Post Repair Products only) – This Service Agreement includes a thirty (30) day waiting period. If You are not satisfied with the manner in which We are handling your claim, You may contact the Nevada Insurance Commissioner toll-free at (888)-872-3234. CANCELLATION is amended as follows: Any reference to Administrative Fee is deleted and replaced with the term Cancellation Fee. In no event will a cancellation fee exceed $20.00. In no event will any claims incurred or paid be deducted from any refund. If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service Contract and the refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract. We may cancel this Service Agreement within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Agreement for nonpayment by You, fraud or material misrepresentation by You, or a substantial breach of duties by You relating to the covered property or its use if it occurred after the effective date of the service contract and it substantially and materially increase the service required under the service contract. If We cancel this Service Contract, You will be entitled to a pro-rata refund of the unearned Service Contract fee, no cancellation fee shall apply. ITEMS NOT COVERED – This Contract provides coverage that is excess over any other applicable coverage. Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Contract, or damages arising from such actions are excluded.

New Hampshire: In the event You do not receive satisfaction under this Service Contract, You may contact the New Hampshire Insurance Department at, 21 South Fruit Street, Suite 14, Concord, NH 03301, 603-271-2261.

New Mexico: GUARANTY is amended to include: This service contract is insured by Wesco Insurance Company. If the service contract provider fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Wesco Insurance Company at 866-505-4048, WescoHelp@amtrustgroup.com, or 59 Maiden Lane, 43rd Floor, New York, NY 10038. If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at 855-427-5674. CANCELLATION is amended as follows: No cancellation fee will apply if We cancel this Service Contract. If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service Contract and the refund is not paid or credited within sixty (60) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract. We may cancel this Service Contract within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Contract for the following acts by the Contract Holder: Non-payment; conviction of a crime that results in an increase in the service required under the Service Contract; discovery of fraud or material misrepresentation by the Contract Holder in obtaining the Service Contract or in presenting a claim; or discovery of either of the following if it occurred after the effective date of the Service Contract and substantially and materially increased the service required under the Service Contract: an act or omission; or a violation of any condition of the Service Contract.

North Carolina: CANCELLATION is amended as follows: We may only cancel this Service Contract for non-payment of the purchase price of the Service Contract or a direct violation of the Service Contract by You.

Oklahoma: WAITING PERIOD (Post Repair Products only) – A term equivalent to the waiting period will be added to the term of Your Service Agreement.

Oregon: This Service Contract is an agreement between the Obligor/Provider, Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114, (866) 927-3097] and You. HOW TO FILE A CLAIM – If You need to file a claim under this Service Contract, You must take the Covered Product to any SM location or phone Us at (866) 305-5639. Failure to call in and report the claim may result in non-payment. If the Administrator determines that there was a Covered Failure, then We will pay You in accordance with the terms and conditions of this Contract.

South Carolina: If You have any questions regarding this Service Contract, or a complaint against the Obligor, You may contact the South Carolina Department of Insurance at 1201 Main Street, Suite 1000, Columbia, South Carolina 29201, (800) 768-3467.

Texas: The Administrator is Safeware, The Insurance Agency, Inc., Service Contract Administrator No. 184. If You purchased this Service Agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a Service Agreement provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Service Agreement is returned to the provider. CANCELLATION section is amended as follows: You may return this Service Agreement within thirty (30) days of the date of purchase of this Service Agreement. If this Service Agreement is cancelled within the first thirty (30) days, We will refund the entire Service Agreement charge, less claims paid. If this Service Agreement is cancelled after the first thirty (30) days, You will receive a pro-rata refund of the Service Agreement price less claims paid and less an administrative fee not to exceed ten percent (10%) or $20.00 whichever is less. If We cancel this Service Agreement, no cancellation fee shall apply and We shall provide written notice to You at the last known address held by Us at least fifteen (15) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation.

Utah: NOTICE. This Service Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Agreement is not guaranteed by the Utah Property and Casualty Guarantee Association. This Service Agreement may be canceled due to unauthorized Repair, which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this contract due to fraud or material misrepresentation, you will be notified thirty (30) days prior to cancellation. If we cancel this Service Agreement due to nonpayment, you will be notified ten (10) days prior to Service Agreement cancellation. Afterhours, You may submit a claim by visiting Our website at www.safeware.com.   If the claim is a life threatening emergency, You will be reimbursed for the emergency repairs performed outside of normal business hours. Receipts and proof of repair should be sent to Us at Safeware, Inc. 5700 Perimeter Dr. Ste. E. Dublin OH 43017 or by email to espinvoices@safeware.com.

Virginia: If any promise made in the Service Agreement has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

Washington:   This Service Agreement is an agreement between the Obligor/Provider, AMT Warranty Corp., 800 Superior Ave. E., 21st Fl., Cleveland, OH 44114 and You. CANCELLATION is amended as follows: If You request cancellation of this Service Contract within thirty (30) days of the purchase date of the Service and the refund is not paid or credited within thirty (30) days after Your cancellation request to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision applies only to the original purchaser of the Service Contract. If We cancel this Service Contract, We shall provide written notice to You at the last known address held by Us at least twenty-one (21) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation. What is Not Covered from coverage are limited to those expressly stated under the Items Not Covered section above. INSURER is amended to include: You are entitled to apply   directly with Wesco Insurance Company for refund, payment or performance due, at 59 Maiden Lane, 43rd Floor, New York, NY 10038 or 866-505-4048. In Washington this is not a contract of insurance. This is the entire Service Agreement between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. The Selling Retailer is not a party to this Service Agreement. The Obligations of the Obligor under this Service Agreement are backed by the Insurer. The State of Washington is the jurisdiction for any civil action in connection with this Service Agreement.

Wisconsin: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. CANCELLATION is deleted and replaced as follows: You may cancel this Service Contract at any time by informing Us or the Administrator.

If this Service Contract is canceled within thirty (30) days of the date of purchase and no Claims have been paid, the Administrator shall return one hundred percent (100%) of the purchase price paid and the Service Contract shall be void. The right to void the Service Contract applies only to the original purchaser of the Service Contract. If Your refund is not paid or credited within forty-five (45) days after Your cancellation request to Us, We will add an extra ten percent (10%) to Your due refund for every thirty (30) days the refund is not paid by Us.

For Service Contracts canceled subsequent to the period stated in the preceding paragraph or if a claim has been made under this Service Contract within such period, We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Service Contract purchase price paid. If You request cancellation due to a total loss of Your Product which is not covered by a replacement under the terms of Your Service Contract, the Administrator shall return one hundred percent (100%) of the unearned pro-rata Service Contract purchase price paid, less claims paid.

We may only cancel this Service Contract for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid and less a cancellation fee not to exceed ten percent (10%) of the Contract purchase price paid.

If We cancel this Service Contract, We shall provide written notice to You at Your last known address at least five (5) days prior to cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. Unauthorized repairs may not be covered.

GUARANTY is deleted and replaced as follows: Our obligations under this Service Contract are insured under a Service Contract reimbursement insurance policy. Should We fail to pay any Claim or fail to replace the Product covered under this Service Contract within sixty (60) days after You provide proof of loss or, in the event You cancel this Service Contract and We fail to refund the unearned portion of the Service Contract purchase price, or if the Provider becomes insolvent or otherwise financially impaired, You are entitled to make a direct Claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 43rd Floor, New York, NY 10038 for reimbursement, payment or provision of this Service Contract. SERVICE CONTRACT HOLDER’S RESPONSIBILITY - It is the responsibility of the Service Contract Holder to follow the manufacturer’s specifications for the use and care/maintenance of the covered Product.

Wyoming: This Service Agreement will be considered void and We will refund You the full purchase price of the Service Agreement or credit Your account if You have not made a claim under this Service Agreement and You have returned the Service Agreement to Us a) within 20 days after the date We have mailed the Service Agreement to You, b) within 10 days after You have received the Service Agreement if the Service Agreement was furnished to You at the time the Service Agreement was purchased, or c) within a longer time period if specified in the Service Agreement. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Service Agreement to Us. The right to void the Service Agreement provided in this subsection applies only to the original Service Agreement purchaser and is not transferable. If We cancel this Service Agreement for reasons other than nonpayment, a material misrepresentation made by You to us or because of a substantial breach of duties by You relating to the product or its use, we will mail a written notice to You at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation. In the event covered service is not provided by Us within sixty (60) days of proof of loss by You, You are entitled to apply directly to the reimbursement insurance company.

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Simple Answers

Simple Answers classes expire 6 months from date of purchase.

Memberships are held in one customer’s name and are non-transferrable.

One guest may sit in on each class, but the membership-holder must be present.

24-hours notice must be given before cancellation. If 24-hours notice is not given, a make-up class will not be provided.

Simple Answers members may only attend one class per calendar week, and may only have one class scheduled at a time.

Simply Mac reserves the right to reschedule any class without notice.

Simply Mac also reserves the right to cancel any membership for any reason, and a refund may not be issued.

Data transfers require the source computer to power on and function normally. Additional charges will apply if source computer does not power on.

Service & Repair

Simply Mac guarantees all labor and parts for a period of 90 days from the date of completion of the repair.

Simply Mac will not be liable for any damage caused by fire, theft, accident, or any other cause, which is beyond its control.

Simply Mac nor it employees will be held responsible for any cables, accessories that are not related to the repair

Data loss can occur at any time during repair, or data transfer. Therefore, Simply Mac recommends that customers back up data prior to checking a computer in for any service or repair. Simply Mac and its employees make no guarantees as to the integrity or recoverability of any data. Simply Mac makes no warranty as to the success of any recovery or backup attempt thereof or whether any of the data, programs, or other information on the disk can or will be recovered, either in whole or in part, nor whether such data, programs, or information may be usable after the recovery or backup process.

Upon completion of the service, diagnostic, or repair, the customer must pick up the equipment and pay Simply Mac any balance owed within 30 days of Simply Mac attempting to contact him or her through the phone number or email address provided during device check-in. Any equipment not retrieved within 30 days will become property of Simply Mac unless Simply Mac agrees to other terms.

Contest Rules

By entering any contest, you agree that Simply Mac may use your name, likeness, and/or website for promotional purposes without further payment. Employees of Simply Mac, its respective parent, subsidiaries, affiliated companies, and agents, and foregoing employees household or immediate family members (defined as parent, spouse, child, sibling, or grandparent) are NOT eligible to enter contests. All prizes will be awarded, and no minimum number of entries is required. Contestants must be at least 18 years of age and legal citizens of the United States or must be able to provide legal status of residency. Simply Mac is not responsible for damages or expenses the winners might incur as a result of this contest or the receipt of a prize, and winners are responsible for income taxes based on the value of the prize received. All contests are limited to residents of Utah, Wyoming, and Idaho unless otherwise indicated. Simply Mac reserves the right to change the rules for any contest as necessary, and may disqualify any entrant for any reason with or without notice. Any plagiarizing, malicious or harmful behavior, profane or offensive language directed towards other contestants or Simply Mac and its entities, will result in immediate disqualification from any current contest or giveaway and may result in a permanent ban on any future Simply mac events, contests, or giveaways. Such actions may also lead to further investigation by proper authorities. No purchase necessary; void where prohibited by law.

SMS Terms & Conditions

This SMS Terms and Conditions page describes our mobile program and available codes. Your prior express consent is required in order for us to send you SMS messages.

SIMPLY MAC MOBILE ALERTS

Text INSIDER to 72992 to opt-in to receive Simply Mac Mobile Alerts. 4 messages per month. Reply STOP or SMSTOP to cancel. HELP for help. Message & Data Rates May Apply.

SALES, SERVICE AND TRAINING ALERTS (END-USE CONSUMERS)

By providing us with your mobile number as part of a sales, service or training transaction, you consent to our sending you SMS messages to update the status of your transaction. Reply STOP or SMSTOP to cancel. HELP for help. Message & Data Rates may apply.

STOP INFORMATION

Text STOP or SMSTOP to 72992 to stop receiving SMS messages from Simply Mac Mobile Alerts.

HELP INFORMATION

For more info call 1-877-5-SIMPLY or email CUSTOMERSERVICE@SIMPLYMAC.COM.

CARRIERS SUPPORTED

Compatible carriers include: AT&T, Sprint, T-Mobile®*, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless.

*For those using T-Mobile as their carrier, T-Mobile is not liable for delayed or undelivered messages.

PRIVACY POLICY

Simply Mac respects your right to privacy. You can view our privacy policy above.

Email Terms & Conditions

Offers limited to purchases for personal use. No more than 2 per customer. Selection may vary by store. While supplies last. No rain checks. Customer may be responsible for sales tax. No dealers. Simply Mac reserves the right to cancel, terminate, modify, or suspend offers for any reason without notice. See sales associate for complete details. Void where prohibited. Offers cannot be combined with education pricing or stackable with any other offer. Apple, the Apple logo and Retina are trademarks of Apple Inc., registered in the U.S. and other countries. For Simply Care Terms & Conditions, go to http://simplymac.com/terms-and-conditions

Previous SMS Terms & Conditions

This SMS Terms and Conditions page describes our mobile program and available codes. Your prior express consent is required in order for us to send you SMS messages.

SIMPLY MAC MOBILE ALERTS

Text INSIDER to 69979 to opt-in to receive Simply Mac Mobile Alerts. 4 messages per month. Reply SMSTOP to cancel. SMHELP for help. Message & Data Rates May Apply.

SALES, SERVICE AND TRAINING ALERTS (END-USE CONSUMERS)

By providing us with your mobile number as part of a sales, service or training transaction, you consent to our sending you SMS messages to update the status of your transaction. Reply SMSTOP to cancel. SMHELP for help. Message & Data Rates may apply.

STOP INFORMATION

Text SMSTOP to 69979 to stop receiving SMS messages from Simply Mac Mobile Alerts.

HELP INFORMATION

For more info call 1-877-5-SIMPLY or email CUSTOMERSERVICE@SIMPLYMAC.COM.

CARRIERS SUPPORTED

Compatible carriers include: AT&T, Sprint, T-Mobile®*, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless.

*For those using T-Mobile as their carrier, T-Mobile is not liable for delayed or undelivered messages.

PRIVACY POLICY

Simply Mac respects your right to privacy. You can view our privacy policy above.

Previous Care Services (Purchased before 6/1/17)

Care²

Provider/Obligor

Simply Mac, Inc.
155 N. 400 W. #300
Salt Lake City, Utah 84103
801.308.1400

Congratulations on purchasing this Service Agreement.

Please read these terms and conditions carefully so that you fully understand your coverage.

Definitions

“We”, “Us” “SM,” and “Our” shall mean the provider/obligor, Simply Mac, Inc., as indicated above.

“You” shall mean the purchaser of this Service Agreement as indicated by the Receipt.

“Purchase Price” shall mean Purchase Price of this Service Agreement is printed on the purchase receipt (“Receipt”) provided to You at the time of Your purchase of this Service Agreement from SM.

“Covered Product” shall mean the product for which You purchased this Service Agreement and which is listed on Your Receipt.

Term

The term of the Service Agreement shall commence on the date of purchase of the Covered Product and end one or two years from that date depending on which coverage term You selected as indicated on Your Receipt. This Service Agreement does not replace the manufacturer’s warranty but provides the additional benefits set forth herein during the term hereof.

Items Covered

This is not an insurance policy. This Service Agreement covers a mechanical or electrical failure of the Covered Product due to a defect in materials or workmanship which takes place during normal usage of the Covered Product for the Term of this Service Agreement, if the failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract.

In the event of a covered mechanical or electrical failure, We will, at no extra charge to You, either (1) repair the hardware defect, using new or refurbished replacement parts or non-original manufacturer replacement parts, or, at Our sole option (2) exchange the Covered Product with a product that has been manufactured from new or serviceable refurbished parts that is functionally equivalent to the Covered Product. When a part or product is replaced, any replacement item becomes Your property, and the replaced item shall become SM’s property. In addition, this Service Agreement provides additional coverage for accidental damage from handling (ADH) which includes protection from damage caused by drops and spills associated with the normal use and handling of Your product. This Service Agreement will provide protection for two instances of ADH wherein the Covered Product requires repair but not replacement (cracked glass). Or, this Service Agreement will provide protection for one instance where the Covered Product requires repair followed by one instance where the Covered Product requires replacement. However, in no instance will this Service Agreement provide protection after two ADH repairs or after the product has been replaced. ADH coverage does not provide protection against theft, loss, reckless or abusive conduct associated with the handling of Your product. This Service Agreement also protects against the operational failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories- approved surge protection and may be asked to provide Your surge protector for examination.

Deductible

There is no deductible.

Items Not Covered

This Service Agreement does not provide protection against normal wear and tear, theft, loss, negligence, viruses, reckless, abusive, willful, or intentional misconduct associated with the handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect its functionality, or damage caused during shipment between You and Our service providers. If protective features such as covers, carrying cases or pouches, etc., were provided or made available for use with the Covered Product, it is expected that You will continually use such product accessories for protection against damage. Abuse is defined as Your intentional non-utilization of protective items during product use or Your treatment of the Covered Product in a harmful, injurious manner that may result in its damage.

This Service Agreement does NOT cover damage from this type of treatment or from the following:
Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Covered Product in accordance with the manufacturer’s specifications and the owner’s manual, including, but not limited to, theft or loss, exposure to weather conditions, failure properly to clean, maintain, or lubricate the Covered Product, operator negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other peril originating from outside the Covered Product; Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality of the Covered Product; Screen imperfections, including “burn-in”. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein; Accessories such as power adaptors and/or consumer replaceable or consumable items such as, but not limited to, batteries, bulbs, toner, ribbons, ink cartridges, drums, belts, printer heads, etc.; Covered Product(s) with removed or altered serial numbers; Damage or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); Damage to computer hardware, software, and data caused by, including, but not limited to, viruses, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation, or reinstallation of any software or data; or Charges related to transportation damage, customer education, cleaning, preventive maintenance, “no problem found” diagnosis, non-failure problems, including, but not limited to, items not covered such as noises, squeaks, etc., and intermittent issues which are not considered product failures. Damage from pre-existing conditions.

What to Do if a Covered Product Requires Service

Within 60 days of the operational failure of the Covered Product, You must take the Covered Product to any SM location or phone our Service HQ at (855) 474-7717. If you are unable to take the Covered Product to a SM location, you may ship the Covered Product to Us and the repaired or replaced Covered Product will be shipped back to You. Authorization is required prior to shipping the Covered Product to Us. You must pay shipping to Us; however, We will pay return shipping in order to return the repaired or replaced item to You.

Purchaser Records

You must have in Your possession a copy of Your original Receipt in order to present a claim to SM.

Limit of Liability

In the event We make payments for repairs which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

Transfer of Service Agreement

This Service Agreement may be transferred to any person in the United States. However, the ability to return or cancel this Agreement for a refund of the Purchase Price is nontransferable.

No Lemon Policy

If, within any twelve (12) month period, Your Covered Product has three (3) service repairs (non-ADH) completed by SM for the same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of a Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.

Cancellation

You may cancel this Service Agreement for any reason at any time. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price. If a claim has been made during this time period or after thirty (30) days, you may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and a $20.00 administrative fee where allowed by law.

We may cancel this Service Agreement at Our option on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a pro rata refund less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Agreement, written notice, including the effective date and the reason for cancellation, will be mailed to You at least 15 days prior to the effective date of termination. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.

Renewal

At our discretion, we may offer you a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the covered product, and current service cost at the time of renewal. It is our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If we elect to offer to renew this Service Agreement, we will send you a Renewal Offer at that time.

Entire Contract

This Service Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise or condition not contained herein shall modify these terms.

State Variations

The following state variations shall control if inconsistent with any other terms and conditions:

State Specific Provisions

Alabama: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel this service agreement after thirty (30) days or after claim has been made, We will send to You a prorated refund of the purchase price of the service agreement less an administrative fee of twenty-five dollars ($25). If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You, or a substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation. Any refund due to You will be credited to any outstanding balance of Your account and the excess, if any, will be refunded to You.

Arkansas: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a service agreement reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, We will refund to You a prorated refund of the Purchase Price of this service agreement based on days, less any claims paid.

Colorado: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel the service agreement after thirty (30) days or after a claim has been made, We will refund to You one hundred percent of the unearned pro rata provider fee, less a ten percent (10%) administrative fee and any claims made. If We cancel this service agreement for any reason other than nonpayment, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the date of cancellation. If We cancel this service agreement for a reason other than nonpayment of the provider fee, We will refund to the You one hundred percent of the unearned pro rata provider fee, less any claims paid.

Connecticut: In the event of an unresolved dispute with Us, You may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816,

Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Covered Product, the cost of repair of the product, and a copy of the service agreement. You may cancel this Plan if You return the Product or the Product is lost, sold, stolen, or destroyed.

Florida: The rate charged for this service agreement is not subject to regulation by the Florida Office of Insurance Regulation. If You cancel this service agreement, Your refund will be based upon ninety percent (90%) of unearned pro rate purchase price less any claims paid or the cost of repairs made. If We cancel the service agreement, the refund is based upon one hundred percent (100%) of the unearned pro rata purchase price. Refunds may be made by cash, check, store credit, gift card, or other similar means; however, upon Your request the refund will be remitted by check.

Georgia: This is not a contract of insurance. If You cancel this service agreement after 30 days from purchase or if after a claim has been made, We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price, less a cancellation fee of ten percent (10%) of the pro-rata refund amount. This service agreement may not be canceled by Us except for fraud, material misrepresentation, or failure to pay consideration due therefore. Unless cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least thirty (30) days prior to the effective date of cancellation. If cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least ten (10) days prior to the effective date of cancellation. If We cancel this service agreement We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price. If a refund is owed due to Our cancellation of this service agreement and not paid as required, such refund is subject to a penalty equal to 25% of the refund owed and interest of 18% per year until paid; however, such penalty shall not exceed 50% of the amount of the refund. Our obligations are insured by a surety bond issued by Travelers Casualty and Surety Company of America , One Tower Square, Harford, CT 06183. If a claim or refund is not paid within 60 days after a proof of loss has been filed, you may file a direct claim against the surety.

Illinois: You may cancel this service agreement for any reason at any time. If You cancel within thirty (30) days of purchase of this service agreement, and We have not paid a claim, You will receive a full refund, less a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price. If You cancel after thirty (30) days or any time after we pay a claim, You will receive a pro-rata refund of the service agreement price based on the days remaining, less any claims that have been paid and a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price.

Indiana: Obligations of the provider under this service agreement are backed by Simply Mac Inc., 155 N. 400 W. #300, Salt Lake Ctiy, UT 84103, 801-308-1400. If You do not receive authorization or denial of a repair request with sixty (60) days of such request, You may claim for such repair directly against Simply Mac. Proof of payment to Us for the service agreement constitutes proof of payment to Simply Mac Inc..

Kentucky: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider.

Louisiana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days after Your cancellation request to Us will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.

Massachusetts: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation.

Minnesota: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for nonpayment, material misrepresentation by You, or a substantial breach of duties by the You relating to use of the covered product, notice of cancellation will be given five (5) days prior to the effective date of cancellation.

Missouri: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.

Montana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, material misrepresentation, or Your substantial breach of duties by You relating to use of the Covered Product We will mail You written notice of the cancellation, stating the effective date of and reason for the cancellation, to Your last known address in Our records five days prior to the effective date of the cancellation.

North Carolina: The purchase of this service agreement is not required either to purchase or to obtain financing for a home appliance. We may only cancel this agreement for nonpayment or for Your direct violation of the terms and conditions of this service agreement. Upon cancellation you will receive a pro rata refund, less any claims paid and an administrative fee of ten percent (10%) of the amount of the pro rata refund.

Texas: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. You may cancel this service agreement at any time. If You cancel within thirty (30) days after purchase, We will refund to You, or credit to Your account, the full purchase price of this service agreement, less any claims paid. If You cancel this service agreement after thirty (30) days, We will refund to You, or credit to Your account, the prorated purchase price of this service agreement reflecting the remaining term of this service agreement, less any claims paid and a fifty dollar ($50.00) cancellation fee. A refund of a service agreement provider fee that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You to us or because of a substantial breach of duties by You relating to the product or its use, We will mail a written notice to You at least ten (10) days prior to cancellation. The right of cancellation applies on to You, the original service agreement holder, and is not transferrable. We may cancel this service agreement for any reason at any time. If We cancel this service agreement for any reason other than nonpayment by you of the consideration for this service agreement, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the effective date of cancellation. If We cancel this service agreement, We will refund to You a prorated refund of the purchase price of this service agreement reflecting the remaining term of the service agreement, less any claims paid. If You purchased this Service agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599 or (800) 803-9202.

Washington: Obligations of the service agreement provider under this service agreement are backed by the full faith and credit of the service agreement provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within thirty (30) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this agreement for any reason, We will mail to Your last known address in Our records a written notice stating the effective date and reason for the cancellation at least twenty-one (21) days prior to the effective date of the cancellation.

Wyoming: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation, or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice stating the effective date and the reason for cancellation to Your last known address in Our records at least ten (10) days prior to cancellation.

The parties agree to the terms and conditions set forth herein.

____________________________

Simply Care

Congratulations on purchasing this Service Agreement.

Provider/Obligor

Simply Mac, Inc.
155 N. 400 W. #300
Salt Lake City, Utah 84103
801.308.1400

Definitions

“We,” “Us,” “SM,” and “Our” shall mean the provider/obligor, Simply Mac, Inc., as indicated above.

Congratulations on purchasing this Service Agreement. “You” and “Your” shall mean the purchaser of this Service Agreement as indicated by the Receipt.

“Purchase Price” shall mean the Purchase Price of this Service Agreement printed on the purchase Receipt provided to You at the time of Your purchase of this Service Agreement from SM.

Term

The term of this Service Agreement shall commence on the date of purchase of the Covered Product and end one or two year(s) from that date depending on which coverage term You selected as indicated on Your Receipt.

Items Covered

This is not an insurance policy. This Service Agreement covers against mechanical or electrical failure due to a defect in materials and workmanship under normal use of the Covered Product for the Term of this Service Agreement, if the failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract. In the event that a mechanical or electrical failure occurs in Covered Product and a valid claim is received within the Term of this Service Agreement, at its option and to the extent permitted by law, SM will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts or non-original manufacturer replacement parts, or (2) exchange the Covered Product with a product that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the Covered Product. When a Covered Product or part is exchanged, any replacement item becomes Your property and the replaced item becomes SM’s property. This Service Agreement also protects against the operational failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories-approved surge protection and may be asked to provide Your surge protector for examination.

Deductible

There is no deductible.

Items Not Covered

This Service Agreement does not provide protection against normal wear and tear; theft; loss; negligence; viruses; reckless, abusive, willful, or intentional misconduct associated with the handling and use of the Covered Product; cosmetic damage and/or other damage that does not affect its functionality; or damage caused during shipment between You and Our service providers. If protective features such as covers, carrying cases, pouches, etc. were provided or made available for use with the Covered Product, it is expected that You will continually use such product accessories for protection against damage. Abuse is defined as Your intentional non-utilization of protective items during use of the Covered Product or Your treatment of the Covered Product in a harmful injurious manner that may result in its damage.

This Service Agreement does NOT cover damage from this type of treatment or from the following: Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Covered Product in accordance with the manufacturer’s specifications and the owner’s manual, including, but not limited to, use with non-Apple product, theft or loss, exposure to weather conditions, failure properly to clean, maintain, or lubricate the Covered Product, operator negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other peril originating from outside the Covered Product; Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality of the Covered Product; Screen imperfections, including “burn-in”. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein; Accessories such as power adaptors and/or consumer replaceable or consumable items such as, but not limited to, batteries, bulbs, toner, ribbons, ink cartridges, drums, belts, printer heads, etc.; Covered Product(s) with removed or altered serial numbers; Damage or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); Damage to computer hardware, software, and data caused by, including, but not limited to, viruses, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation, or reinstallation of any software or data; Damage from pre-existing conditions; or Charges related to transportation damage, customer education, cleaning, preventive maintenance, “no problem found” diagnosis, non-failure problems, including, but not limited to, items not covered such as noises, squeaks, etc., and intermittent issues which are not considered product failures.

What to Do if a Covered Product Requires Service

Within 60 days of the operational failure of the Covered Product, You must take the Covered Product to any SM location or phone our Service HQ at (855) 474-7717. If you are unable to take the Covered Product to a SM location, you may ship the Covered Product to Us and the repaired or replaced Covered Product will be shipped back to You. Authorization is required prior to shipping the Covered Product to Us. You must pay shipping to Us; however, We will pay return shipping in order to return the repaired or replaced item to You.

Purchaser Records

You must have in Your possession a copy of Your original Receipt in order to present a claim to SM.

Limit of Liability

In the event We make payment for repairs to the Covered Product which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATE RESULTING FOM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

Transfer of Service Agreement

This Service Agreement may be transferred to any person in the United States, however, the ability to return or cancel this Service Agreement for a refund of the Purchase Price is nontransferable.

No Lemon Policy

If, within any twelve (12) month period, Your Covered Product has three (3) service repairs completed by SM for the same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of the Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.

Cancellation

You may cancel this Service Agreement for any reason at any time. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price. If a claim has been made or after thirty (30) days, you may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and a $20.00 administrative fee where allowed by law.

We may cancel this Service Agreement at Our option on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a pro rata refund less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Service Agreement, written notice, including the effective date of and the reason for cancellation, will be mailed to You at least 15 days prior to the effective day of cancellation. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.

Renewal

At our discretion, we may offer you a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the covered product, and current service cost at the time of renewal. It is our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If we elect to offer to renew this Service Agreement, we will send you a Renewal Offer at that time.

Entire Contract

This Service Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise, or condition not contained herein shall modify these terms.

State Variations

The following state variations shall control if inconsistent with any other terms and conditions:

State Specific Provisions

Alabama: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel this service agreement after thirty (30) days or after claim has been made, We will send to You a prorated refund of the purchase price of the service agreement less an administrative fee of twenty-five dollars ($25). If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You, or a substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation. Any refund due to You will be credited to any outstanding balance of Your account and the excess, if any, will be refunded to You.

Arkansas: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a service agreement reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, We will refund to You a prorated refund of the Purchase Price of this service agreement based on days, less any claims paid.

Colorado: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel the service agreement after thirty (30) days or after a claim has been made, We will refund to You one hundred percent of the unearned pro rata provider fee, less a ten percent (10%) administrative fee and any claims made. If We cancel this service agreement for any reason other than nonpayment, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the date of cancellation. If We cancel this service agreement for a reason other than nonpayment of the provider fee, We will refund to the You one hundred percent of the unearned pro rata provider fee, less any claims paid.

Connecticut: In the event of an unresolved dispute with Us, You may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816,

Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Covered Product, the cost of repair of the product, and a copy of the service agreement. You may cancel this Plan if You return the Product or the Product is lost, sold, stolen, or destroyed.

Florida: The rate charged for this service agreement is not subject to regulation by the Florida Office of Insurance Regulation. If You cancel this service agreement, Your refund will be based upon ninety percent (90%) of unearned pro rate purchase price less any claims paid or the cost of repairs made. If We cancel the service agreement, the refund is based upon one hundred percent (100%) of the unearned pro rata purchase price. Refunds may be made by cash, check, store credit, gift card, or other similar means; however, upon Your request the refund will be remitted by check.

Georgia: This is not a contract of insurance. If You cancel this service agreement after 30 days from purchase or if after a claim has been made, We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price, less a cancellation fee of ten percent (10%) of the pro-rata refund amount. This service agreement may not be canceled by Us except for fraud, material misrepresentation, or failure to pay consideration due therefore. Unless cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least thirty (30) days prior to the effective date of cancellation. If cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least ten (10) days prior to the effective date of cancellation. If We cancel this service agreement We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price. If a refund is owed due to Our cancellation of this service agreement and not paid as required, such refund is subject to a penalty equal to 25% of the refund owed and interest of 18% per year until paid; however, such penalty shall not exceed 50% of the amount of the refund. Our obligations are insured by a surety bond issued by Travelers Casualty and Surety Company of America , One Tower Square, Harford, CT 06183. If a claim or refund is not paid within 60 days after a proof of loss has been filed, you may file a direct claim against the surety.

Illinois: You may cancel this service agreement for any reason at any time. If You cancel within thirty (30) days of purchase of this service agreement, and We have not paid a claim, You will receive a full refund, less a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price. If You cancel after thirty (30) days or any time after we pay a claim, You will receive a pro-rata refund of the service agreement price based on the days remaining, less any claims that have been paid and a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price.

Indiana: Obligations of the provider under this service agreement are backed by Simply Mac Inc., 155 N. 400 W. #300, Salt Lake Ctiy, UT 84103, 801-308-1400. If You do not receive authorization or denial of a repair request with sixty (60) days of such request, You may claim for such repair directly against Simply Mac. Proof of payment to Us for the service agreement constitutes proof of payment to Simply Mac Inc..

Kentucky: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider.

Louisiana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days after Your cancellation request to Us will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.

Massachusetts: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation.

Minnesota: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for nonpayment, material misrepresentation by You, or a substantial breach of duties by the You relating to use of the covered product, notice of cancellation will be given five (5) days prior to the effective date of cancellation.

Missouri: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.

Montana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, material misrepresentation, or Your substantial breach of duties by You relating to use of the Covered Product We will mail You written notice of the cancellation, stating the effective date of and reason for the cancellation, to Your last known address in Our records five days prior to the effective date of the cancellation.

North Carolina: The purchase of this service agreement is not required either to purchase or to obtain financing for a home appliance. We may only cancel this agreement for nonpayment or for Your direct violation of the terms and conditions of this service agreement. Upon cancellation you will receive a pro rata refund, less any claims paid and an administrative fee of ten percent (10%) of the amount of the pro rata refund.

Texas: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. You may cancel this service agreement at any time. If You cancel within thirty (30) days after purchase, We will refund to You, or credit to Your account, the full purchase price of this service agreement, less any claims paid. If You cancel this service agreement after thirty (30) days, We will refund to You, or credit to Your account, the prorated purchase price of this service agreement reflecting the remaining term of this service agreement, less any claims paid and a fifty dollar ($50.00) cancellation fee. A refund of a service agreement provider fee that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You to us or because of a substantial breach of duties by You relating to the product or its use, We will mail a written notice to You at least ten (10) days prior to cancellation. The right of cancellation applies on to You, the original service agreement holder, and is not transferrable. We may cancel this service agreement for any reason at any time. If We cancel this service agreement for any reason other than nonpayment by you of the consideration for this service agreement, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the effective date of cancellation. If We cancel this service agreement, We will refund to You a prorated refund of the purchase price of this service agreement reflecting the remaining term of the service agreement, less any claims paid. If You purchased this Service agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599 or (800) 803-9202.

Washington: Obligations of the service agreement provider under this service agreement are backed by the full faith and credit of the service agreement provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within thirty (30) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this agreement for any reason, We will mail to Your last known address in Our records a written notice stating the effective date and reason for the cancellation at least twenty-one (21) days prior to the effective date of the cancellation.

Wyoming: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation, or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice stating the effective date and the reason for cancellation to Your last known address in Our records at least ten (10) days prior to cancellation.

The parties agree to the terms and conditions set forth herein.

Check Acceptance and Returns

Simply Mac does not accept checks as a form of payment. Sales should be processed as cash or credit only. If an employee accepts a personal or business check, it becomes their liability.   If the check bounces, the employee will be responsible for recovering the funds in cash from the customer. Employees will be given time to attempt to recover the funds before Disciplinary Action.

Affirm

How does Affirm work?

We have partnered with Affirm to give you a simple way to make that special purchase with no hidden fees.

Easy Monthly Payments

For a limited time, provide some basic information and get a real-time credit decision to split your purchase into monthly payments.

Flexible Payments

Simply pay your monthly bill using a debit card or bank transfer at affirm.com/pay.

For Online Purchasing

Apply at check out.

For In-store Purchasing

Get approved before you visit your store.

U.S. Residents only

Affirm is only available to United States residents 18 years or older. Shipping and billing addresses must be located within the US.

Items over $150

Affirm financing is only available on items over $150 at this time.

Questions?

Learn more on the Affirm website, check out the Affirm FAQs, or get in touch with our customer engagement team.

FAQs

Affirm Overview and Application Process

What is Affirm?

Affirm is a financing alternative to credit cards and other credit payment products. Affirm offers instant financing for purchases online. With Affirm, you can buy and receive your purchase now, and pay for it in fixed monthly installments over the course of three, six, or twelve months.

Why buy with Affirm?

Here is what Affirm offers:

  • Buy and receive your purchase now, and pay for it over three, six, or twelve months. This allows you to split up the price of your purchase into fixed payment amounts that fit your monthly budget.
  • If Affirm approves you for a loan, Affirm discloses your loan terms before you make your purchase. You’ll know exactly how much you’ll owe each month, the number of payments you must make, and the total amount of interest you’ll be paying over the course of the loan. Affirm does not charge hidden fees.
  • The application process is secure and instantaneous. Affirm asks you for a few pieces of information. After you provide this information, Affirm will notify you of the loan amount you’re approved for, the interest rate, and the number of months you will have to pay off your loan, all within seconds.
  • You don’t need to have a credit card to make a purchase. Affirm lends to its partners directly on your behalf.
  • Affirm bases its loan decision not only on your credit score, but also on several other data points about you. You may be eligible for Affirm financing even if you don’t have an extensive credit history.
  • Affirm will send you email and SMS reminders in advance of your upcoming payment. You can also enable “Autopay” to schedule automatic monthly payments on your loan.

How does Affirm approve borrowers for loans?

Affirm will ask you for a few pieces of personal information – your name, email, mobile phone number, date of birth, and the last four digits of your social security number. Affirm uses this information to verify your identity, and to make an instant loan decision. Affirm will base its loan decision not only on your credit score, but also on several other data points about you. This means you may be able to obtain financing from Affirm even if you don’t have an extensive credit history.

How does Affirm work?

Here are the steps in the Affirm loan application process (see Appendix for screenshots of the customer flow):

  1. Select to pay with Affirm at checkout.
  2. Affirm will prompt you to enter a few pieces of information – your name, email, mobile phone number, date of birth, and the last four digits of your social security number. Please ensure that all of this information is your own and is consistent information otherwise you may experience difficulty with your checkout.
  3. To ensure that you’re the person making the purchase, Affirm will send a text message to your cell phone with a unique authorization code.
  4. Enter the authorization code into the application form. Within a few seconds, Affirm will notify you of the loan amount you’re approved for, the interest rate, and the number of months you will have to pay off your loan. You will have the option to choose to pay off your loan over three, six, or twelve months. Affirm will also state the amount of your fixed, monthly payments and the total amount of interest you’ll pay over the course of the loan.
  5. If you would like to accept Affirm’s financing offer, click “Confirm Loan” and you’re done.

Going forward, you’ll get monthly email and SMS reminders about your upcoming payments. You can also set up autopay to avoid missing a payment. Your first monthly payment will be due 30 days from the date we the merchant completes processing your order.

Does Affirm do a credit check, and how does it impact my credit score?

When you first create an Affirm account, we perform a ‘soft’ credit check to help verify your identity and determine your eligibility for financing. This ‘soft’ credit check will not affect your credit score. If you apply for more loans with Affirm, we may perform additional ‘soft’ credit checks to ensure that we offer you the best financing options possible.

Why was I denied financing by Affirm?

Please contact Affirm via email at help@affirm.com or by calling (855) 423-3729 for assistance on denials.

Why can’t customers outside the U.S. use Affirm?

Regrettably, Affirm is available only to shoppers residing in the United States. Affirm hopes to expand its services to customers outside the U.S. in the future.

Interest Rates and Fees

What are Affirm’s fees?

The annual percentage rate (APR) on an Affirm loan can range from 10–30% APR for 3 -, 6- and 12-month terms based on creditworthiness. Affirm discloses any required fees upfront before you make a purchase, so you know exactly what you will be paying for your financing. Affirm does not charge any hidden fees, including annual fees.

*Previous purchases ineligible for offer. Down payment may be required. For purchases under $100, limited payment options are available. Affirm loans are made by Cross River Bank, a New Jersey-chartered bank, Member FDIC.

Why is my Affirm interest rate so high?

When determining your annual percentage rate (APR), Affirm evaluates a number of factors including your credit score and many other pieces of data about you. If you finance future purchases with Affirm, you may be eligible for a lower APR depending on your financial situation at the time of purchase.

When considering Affirm, you should carefully evaluate the loan terms Affirm offers you and determine whether the monthly payments fit your budget.

How is interest on an Affirm loan calculated?

Affirm calculates the annual percentage rate (APR) of a loan using simple interest, which equals the rate multiplied by the loan amount and by the number of months the loan is outstanding. This is different from compound interest, in which the interest expense is calculated on the loan amount and also the accumulated interest on the loan from previous periods. You can think about compound interest as “interest on interest,” which can make the your loan amount grow larger and larger. Credit cards, for example, use compound interest to calculate the interest expense on outstanding credit card debt.

Making Payments and Refunds

How do I make my payments?

Before each payment is due, Affirm will send you reminders via email and SMS that will include the installment amount that is coming due and the due date. You can also sign up for autopay so you don’t risk missing a payment.

Please follow these steps to make a payment:

  1. Go to affirm.com/account
  2. You will be prompted to enter in your mobile number where you will be sent a personalized security pin.
  3. Enter this security pin into the form on the next page and click “Sign In.”
  4. You’ll now see a list of your loans and payments coming due. Click on the loan payment you would like to make.
  5. You can make a payment utilizing a debit card or ACH bank transfer.

How long does it take to get my money back in the event of a return?

You should see a refund from Affirm post within 3 to 10 business days, depending on your bank’s processing time.

How do refunds work on items I return?

A refund will post to your Affirm account if we process your refund request. In the event that we issue you store credit instead of a refund, you will still be responsible for paying off your Affirm loan.

If you have already made loan payments or a down-payment, Affirm will issue you a refund credit to the bank account or debit card that you used to make the payments. You should see a refund credit within 3 to 10 business days, depending on your bank’s processing time.

Can I amend my order after my purchase has been processed? Can I be approved for a higher loan amount if my purchase amount increases?

Unfortunately, you cannot edit your order after you have confirmed your loan. If you would like to add items to your purchase, you can apply for another loan with Affirm or use a different payment method.

Seagate Rescue Service Plan Terms & Conditions

 

SEAGATE® RESCUE SERVICE PLAN
SOLD THROUGH RETAILERS
COVERING: REMOVEABLE FLASH MEMORY, INTERNAL AND EXTERNAL SSDS AND HDDS, PERSONAL COMPUTERS, TABLETS AND MOBILE PHONES
Terms & Conditions

IMPORTANT: THIS SERVICE PLAN IS ONLY AVAILABLE FOR EQUIPMENT THAT HAS BEEN PURCHASED EITHER CONCURRENTLY WITH OR WITHIN THIRTY (30) DAYS OF THE SERVICE PLAN PURCHASE DATE SHOWN ON YOUR SERVICE PLAN SALES RECEIPT. EQUIPMENT WITH PRE-EXISTING CONDITIONS ARE NOT COVERED BY THIS PLAN. IF YOU PURCHASED THIS SERVICE PLAN MORE THAN THIRTY (30) DAYS AFTER THE EQUIPMENT PURCHASE DATE, OR IF THE EQUIPMENT HAS A PRE-EXISTING CONDITION, PLEASE CONTACT THE ADMINISTRATOR IMMEDIATELY FOR A FULL REFUND OF ANY/ALL SERVICE PLAN FEES PAID BY YOU. REFER TO THE “WHAT IS NOT COVERED” SECTION FOR A LIST OF FULL EXCLUSIONS.

CONGRATULATIONS! Thank You for Your recent purchase of the SEAGATE® RESCUE Service Plan (the “Service Plan” or “Plan”). We hope You enjoy the added comfort and protection this Service Plan provides. By purchasing this Service Plan, You agree that these terms and conditions govern any service or benefit offered or attempted under this Service Plan. Please keep these Service Plan terms and conditions in a safe place along with the sales receipt/invoice that You received when You purchased this Service Plan and the original receipt for Your Equipment purchase (if purchased separately from this Service Plan), as You will need them to verify Your coverage at the time of service. This information will serve as a valuable reference guide and will help You determine what is covered by this Service Plan. From the day You purchase this Service Plan, We and Our authorized representatives, will assist You in understanding Your Service Plan benefits.

KEY TERMS: Throughout these Service Plan terms and conditions, the words “We”, “Us” and “Our” mean the party or parties obligated to provide service under this Service Plan, who is Seagate Technology, LLC, 10200 S De Anza Blvd, Cupertino, CA 95014. “You” and “Your” refer to the purchaser of the Equipment covered by this Service Plan, or to the person to whom this Service Plan was properly transferred. “Administrator” means the entity that is appointed by and/or contracted by Us to render certain data recovery services to You under this Service Plan, who is, in the United States of America and Canada, After, Inc., PO Box 451, Norwalk, CT 06852-0451, 1-800-261-9859, except in California, USA, who is After Solutions, PO Box 451, Norwalk, CT 06852-0451, 1-800-261-9859. “Retailer” means the seller that has been authorized by Us to sell this Service Plan to You. “Service Plan Purchase Price” means the amount paid by You for this Service Plan; excluding any applicable taxes and/or fees, as evidenced on Your Service Plan sales receipt. “Equipment” means the SD Card, MicroSD, CompactFlash, memory stick, thumb drive, solid state drive (SSD), hard disk drive (HDD), external hard drive (EHD), tablet, mobile phone, or the SSD or HDD contained within a multi device/drive storage box, laptop/desktop, or other removable data storage device which stores data electronically which You purchased and which stores the data that is covered by this Service Plan. In the case of Hybrid PC’s in which there is both flash memory storage and a solid state and/or hard disc drive built into the product by the manufacturer, the flash storage drive will be included under this Service Plan as well. Coverage is limited to a single data storage/memory drive/device per Service Plan as designated through the registration of Equipment at the time of Service Plan registration. “OEM” refers to the Original Equipment Manufacturer of Your covered Equipment. “Pre-Existing Condition” means an issue that existed with Your Equipment prior to the issuance of this Service Plan. The last time stamp on the data written to or erased from the Equipment must be later than the date You purchased this Plan as evidence that there was no Pre-Existing Condition.

PRODUCT ELIGIBILITY: This plan can only be utilized for Equipment matching the type of Equipment and price band that appears on the receipt of Plan purchase, either in plain print or in the coding of the SKU number. Equipment eligible for coverage under this Service Plan must be purchased as new or factory-refurbished and manufactured for use in the United States or Canada (which at the time of purchase included a manufacturer’s original or factory-refurbished warranty valid in the United States or Canada). This plan covers the data stored on Your Equipment. IMPORTANT NOTE: ANY AND ALL PRE-EXISTING CONDITIONS ARE NOT ELIGIBLE FOR COVERAGE UNDER THIS SERVICE PLAN. You may also contact the Administrator for assistance in determining whether Your Equipment is eligible for coverage.

In the event You inadvertently purchase a Service Plan for Equipment not eligible for coverage, We will provide You with a full refund of the Service Planpurchasepriceandcoverageshallbedeemednullandvoid. Accessoriesand/oradd-onoptionspurchasedseparatelyandnotessentialtothe basic function of the Equipment are not eligible for coverage.

SERVICES PROVIDED: We agree to have services performed that are designed to retrieve, while minimizing the damage to, the media files and/or data on Your Equipment in the event Your Equipment fails to perform during the term of this Service Plan. YOU ACKNOWLEDGE THAT THE EQUIPMENT MAY BE DAMAGED PRIOR TO OUR RECEIPT, AND YOU FURTHER ACKNOWLEDGE THAT OUR EFFORTS TO COMPLETE THE SERVICES MAY RESULT IN FURTHER DAMAGE TO OR THE DESTRUCTION OF THE EQUIPMENT WHICH MAY VOID THE EQUIPMENT OEM WARRANTY IF THE EQUIPMENT IS NOT A SEAGATE® DEVICE. To the extent possible, You should back up accessible data on Your Equipment before submitting it for service under this Service Plan. If the damage sustained to Your original Equipment is covered by the OEM warranty, then the OEM is responsible for providing You with a replacement device in accordance with the terms of the OEM warranty. In such instances, You have the opportunity to transfer the remaining coverage term under this Service Plan to that replacement device if You do not utilize the Services available under this Plan. IMPORTANT: Any services performed under this Service Plan is not a guarantee that lost data will be recovered; however, all reasonable efforts will be used to recover Your data through methods further explained below.

Under this Service Plan, Your Equipment is eligible for one (1) In-Lab Data Recovery attempt during the term of coverage and pursuant to the terms and conditions of this Service Plan. This Service Plan does not provide coverage for any of the losses set forth in the section titled “WHAT IS NOT COVERED”.

IN-LAB DATA RECOVERY: You will be asked to ship Your Equipment to Our designated laboratory facility to attempt the retrieval of Your data (“In-Lab Data Recovery”). When You ship Your Equipment to the laboratory facility, You must use packaging that provides protection for Your Equipment to prevent any further damage to the Equipment during shipping. You are responsible for any risk of loss of the Equipment until it is received at the designated laboratory facility. For more information please contact the Administrator at 1-800-261-9859. We will pay the shipping costs associated with shipping Your Equipment to the designated laboratory facility, as well as the cost of shipping Your original Equipment and/or any other data storage media containing data recovered from Your original Equipment back to You. You are eligible for a maximum of one (1) In-Lab Data Recovery attempt under this Service Plan. Upon receipt of Your original Equipment at the designated laboratory facility, We will take the following action(s):

  1. RECOVERY EFFORT: We will attempt to recover Your lost data and files.
  2. RETURN OF RECOVERED DATA: Your recovered data (if any) will be loaded on a media storage device or may be loaded into a cloud-baseddata storage location, and returned to You. We are responsible for procuring the appropriate media storage device or cloud-based data storage location for a period of at least sixty (60) days at no cost to You. We, at Our sole discretion, will provide the recovered data (if any) back to You on the media device of Our choice.
  3. ORIGINAL EQUIPMENT RETURN: If You so request at the time of making the initial data recovery claim, We will return Your original Equipment to You. NOTE: Data recovery efforts utilized during the In-Lab Data Recovery Service may render the original Equipment inoperable.
  4. SOFTWARE INSTALLATION: You may need to reinstall Your software to Your Equipment or Your replacement media device. Installation or re-installation of any and all software shall be Your responsibility and is not covered under this Service Plan.

e. DISPOSAL OF YOUR DEFECTIVE EQUIPMENT: Because data recovery efforts utilizing the In-Lab Data Recovery Service typically renders Your Equipment inoperable, Your original Equipment will be subject to secure disposal following an In-Lab Data Recovery attempt, unless You request that We return the inoperable original Equipment back to You at the time of making the initial data recovery claim. To the extent possible You should back up accessible data on the Equipment before shipping it to Our laboratory facility for an In-Lab Data Recovery attempt.

UNRECOVERABLE DATA: In some cases Your data may not be recoverable. In such instances, You will be entitled to reimbursement of the purchase price of this Service Plan; which may be in the form of a retail gift card, at Our sole discretion, and We shall then be discharged from any further obligations under this Service Plan (the “Unrecoverable Data Reimbursement”). The Unrecoverable Data Reimbursement shall NOT apply in instances where partial recovery of Your lost data was successful; there must be a complete loss and non-recovery of data from Your Equipment to be eligible.

WHAT TO DO IF YOUR EQUIPMENT REQUIRES SERVICE: Call the Administrator at 1-800-261-9859 and explain the problem. You will be instructed on the next steps for filing a claim under this Service Plan. For faster service, please have Your dated proof of purchase (sales receipts) and Service Plan number available when You place the call. You may be required to provide a copy of Your proof of purchase for Your Service Plan and Equipment (sales receipts) at time of service. NOTE: THIS SERVICE PLAN MAY PROVIDE NO COVERAGE IF YOU MAKE UNAUTHORIZED ATTEMPTS TO RETRIEVE THE DAMAGED OR LOST DATA (SEE “WHAT IS NOT COVERED” BELOW). Service will be provided during normal business hours only.

TERM OF COVERAGE: Coverage under this Service Plan begins on the date of Service Plan purchase or Equipment delivery date (if later) and continues for the period of time specified on Your Service Plan sales receipt; subject to the terms and conditions stated herein. In the case of Your Equipment being a Seagate® product that includes Seagate® data recovery as part of its manufacturer’s warranty, the coverage under this Service Plan will begin on the date the Seagate® product warranty ends.

LIMITATION OF LIABILITY:

The following clause applies to the maximum extent permitted by the applicable law, and does not apply to individuals resident in Quebec. Neither We nor the Administrator nor the Retailer shall be liable for any harm caused to Your Equipment (unless proven that such harm was caused intentionally); including any consequential voidance of an OEM warranty resulting from services performed on Your Equipment in accordance with the terms and conditions outlined in this Service Plan. Without limiting the generality of the foregoing, We will not be liable for the condition, existence, or loss of the data You send Us or the data We recover (if any), any loss of revenue or loss of profits, or any indirect, special, incidental, or consequential damages however caused. To the maximum extent permitted by applicable law, this limitation shall apply to any and all damages, regardless of the legal theory on which they are asserted (including, without limitation, contract, breach of contract, and tort), and regardless of whether We have been advised of the possibility of loss or damages – unless You prove that We caused damages to You intentionally.

This Service Plan shall be considered fulfilled in its entirety, and We shall be discharged from any further obligations under this Service Plan, in the event We have rendered service for one (1) claim for the In-Lab Data Recovery Service.

To the maximum extent permitted by applicable law, Our maximum liability in connection with all claims processed pursuant to the terms and conditions of this Service Plan shall not exceed the MSRP of the covered Equipment (the “Maximum Liability Limit”) or replacement of the covered Equipment; whichever is lower. In the event the aggregate sum of all claims processed under this Service Plan equals the MSRP of the covered Equipment or We replace Your Equipment for any reason, Our obligations under this Service Plan shall be considered fulfilled in their entirety and We shall have no further obligation to service the Equipment (original or replacement piece) under this Service Plan. In no event will We or the Administrator be liable for any damages whatsoever that are in excess of the Maximum Liability Limit, whether based on contract, tort, warranty or other legal or equitable ground, including without limitation damages for loss of data, property damage, lost time, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the services performed pursuant to this Service

Plan. This limitation will apply even if We, the Administrator or any of Our respective authorized entities, affiliates, dealers, agents, suppliers, or representatives have been advised of the possibility of such damage. By requesting the services described in this Service Plan You acknowledge that the charges reflect this limitation of liability and allocation of risk.

WHAT IS NOT COVERED:

1. This Service Plan does not provide coverage for attempted data recovery, loss or damage to Your Equipment caused by or resulting from any of the following, unless otherwise explicitly stated below:

  1. Pre-Existing Conditions;
  2. Mechanical, electrical or operational breakdown of Your Equipment – OUR LIABILITY IS SOLELY LIMITED TO THE RECOVERY ATTEMPT OFYOUR LOST OR DAMAGED DATA, AND WE SHALL NOT BE RESPONSIBLE FOR REPAIRING OR REPLACING YOUR ORIGINAL EQUIPMENT,

    ALTHOUGH IN CERTAIN SITUATIONS WE RESERVE THE RIGHT TO STORE RETRIEVED DATA ON A COMPARABLE MEDIA DEVICE;

  3. Collision with or explosion of another object;
  4. Unauthorized repairs, improper installation or attachments or transportation damage;
  5. Lack of manufacturer specified maintenance or improper equipment modifications; and
  6. Vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any otherexternal peril originating from outside the Equipment.
  1. This Service Plan does not provide coverage for any of the following equipment, products, or equipment components:
    1. Equipment that is network-attached storage or multi-drive storage capable of housing more than ten (10) hard drives;
    2. Equipment used in a data center, server farm, storage farm, storage cloud, cloud storage, computing cluster, storage cluster or storagearea network (SAN);
    3. Equipment sold without a manufacturer’s/retail warranty or sold “as is;”
    4. Equipment utilized in a manner that is inconsistent with either the design of the Equipment or the way the OEM intended theEquipment to be used;
    5. Components not contained with the housings of the Equipment;
    6. Equipment with removed or altered serial numbers;
    7. Public rental equipment or products used in communal settings (use of Equipment for these purposes will cause this Service Plan toprovide no coverage); and
    8. If Equipment covered by Plan is REMOVEABLE FLASH MEMORY, this Plan does not cover any flash data storage devices that arefully not removable from the device in which it is contained for the collection of data or any Solid State Drive or Hard Disc Drive storage

      devices.

    9. If Equipment covered by Plan is a TABLET OR MOBILE PHONE, this Plan does not cover any Solid State Drive or Hard Disc Drivestorage devices.
    10. If Equipment covered by Plan holds more than one (1) data storage/memory drive/device, this plan only covers the data recovery ofone (1) data storage/memory drive/device.
  2. This Service Plan does not provide coverage for any of the following costs, expenses or services:
    1. Data recovery services when such are covered by manufacturer’s recall; manufacturer’s factory bulletins; insurance; or another serviceagreement;
    2. Cleaning, preventative maintenance, or customer education expenses related to the Equipment, or any resultant damage caused bysuch;
    3. Service required as a result of any alteration of the Equipment, or repairs made by anyone other than a servicer authorized by Us, orthe use of supplies other than those recommended by the manufacturer;
    4. Liability or damage to property, or injury or death to any person arising out of the operation, maintenance or use of the Equipment;
    5. Expenses incurred from the dismantling or reinstallation of fixed infrastructure when removing Your Equipment from, or installing analternate media device into, a custom installation, unless otherwise agreed by the Administrator at the time You initiate the data

      recovery claim;

    6. Any perceived or actual monetary value associated with lost data, except to the extent covered under this Service Plan;
    7. Repairs to or replacements of any tangible equipment or property;
    8. Indemnification or payment for damages to any property caused by or arising from fortuitous events; and
    9. Service outside of the United States of America, its territories or Canada.

OUR RIGHT TO RECOVER EXPENSES: If You have a right to recover against another party for any expenses We have incurred to perform the Services under this Service Plan, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights.

CANCELLATION: You may cancel this Service Plan by informing the Administrator of Your cancellation request within 30 days of the purchase of the Service Plan and You will receive a 100% refund of the Your Service Plan Purchase Price, unless You have submitted Equipment for a data recovery in which case this Service Plan is fulfilled. If Your cancellation request is made more than 30 days from the date of purchase of this Service Plan, You will receive a pro-rata refund of Your Service Plan Purchase Price. When applicable, You shall be entitled to the Unrecoverable Data Reimbursement outlined in the “SERVICES PROVIDED – UNRECOVERABLE DATA” section.

If We cancel this Service Plan, We may only cancel for the following reasons: 1) non-payment of the Service Plan fee; 2) material misrepresentation by You to Us; or 3) a substantial breach of duties by You under this Service Plan in relation to the covered Equipment or its use. Additionally, We must provide You written notice at least 15 days prior to the effective date of cancellation; such notice will be sent to Your current email address in Our file (or physical address if necessary, as decided by Us), with the effective date of cancellation and reason for cancellation. If We cancel this Service Plan, You will receive a refund based upon one-hundred percent of the pro-rata Service Plan Purchase Price paid by You.

DISPUTE RESOLUTION: Most disputes or disagreements between You and Us arising under this Plan can be resolved quickly by contacting the Administrator in writing at the address noted below. The parties will attempt to resolve any dispute arising out of or related to these Program Terms or any data recovery services requested or attempted hereunder through good faith negotiation.

The following clause applies to the maximum extent permitted by the applicable law, and does not apply to residents of Ontario or Quebec. In the unlikely event We are unable to resolve a dispute We have with You after attempting to do so informally, You and We agree to resolve such disputes through final and binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services in the United States or the Canadian Arbitration Association in Canada. Each party will bear its own costs in arbitration, provided that We reserve the right, in Our discretion, to pre-pay certain fees You may incur in connection with the arbitration subject to refund if You do not prevail. Both parties waive their rights to a jury trial. Unless We and You agree otherwise, any arbitration hearings will take place in the State, Province, or Territory of the location where You purchased Your Equipment.

RENEWABILITY: If You wish to renew coverage under this Service Plan, please contact the Administrator prior to the expiration of Your current Term to initiate Our renewal process. Renewability is determined at Our sole discretion and may not be available.

TRANSFERS: If You wish to transfer coverage under this Service Plan to a different owner or a replacement device which may have been provided by the OEM, please contact the Administrator to initiate Our transfer process. Subject to the applicable law, transferability is determined at Our sole discretion and may not be available. The CANCELLATION provisions apply to the original purchaser of this Service Plan only.

IMPORTANT CONSUMER INFORMATION: If Your Equipment is exchanged by the OEM or Retailer, You should advise the Administrator as soon as practicable the make, model, and serial number of the exchanged product. You can do this by either calling the Administrator at-1-800-261-9859 or by writing to the Administrator at Seagate Rescue Plans, PO Box 451, Norwalk, CT 06852-0451. Please note that in the event of such exchange, the term of Your originally purchased Service Plan remains in effect and does not automatically extend.

LEGAL RIGHTS; INDEMNITY: The following clause applies to the maximum extent permitted by the applicable law, and does not apply to individuals resident in Quebec. You warrant that You are the legal owner or the authorized representative of owner of the Equipment and data submitted to Administrator or Us for service under this Service Plan. You warrant that the data on the Equipment is legal and that You have the unrestricted legal right to (a) grant access to the data, (b) have the data recovered and reproduced on a backup medium, (c) receive the recovered data, and (d) agree to these Service Plan Terms. You will defend, indemnify, and hold Us and the Administrator (including the directors, officers, employees, agents, delegates, and contractors of Us and of the Administrator, respectively) harmless from any claims or actions relating to the Equipment or data, or Your rights or lack of rights thereto.

COMPLIANCE WITH LAWS: You agree to comply with all such laws and regulations and all other applicable laws, statutes, ordinances and regulations relating to the use of recovered media or data on Your Equipment. You acknowledge that a violation of the terms and conditions of this section could subject You to criminal or civil penalties. The media files or data licensed or provided, or services provided, under this program, which may include technology and software, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which Your Equipment is manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You warrant You are not a restricted end-user or involved in any of the restricted activities described above, and that You will comply with and abide by these laws and regulations. We reserve the right to refuse service for, or return back to You, any Equipment that has been determined to violate any law or regulations.

CONFIDENTIALITY OF YOUR DATA: We will use any information provided by You only for the purposes of fulfilling Our obligations under this Service Plan and will use Our best efforts to hold Your information in the strictest confidence while it is in Our possession, unless otherwise required by law or directed by law enforcement officials.

DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND GUARANTEES: WE PROVIDE THIS SERVICE PLAN AND ANY SERVICES PROVIDED OR ATTEMPTED HEREUNDER “AS IS,” WITH ALL FAULTS, AT YOUR SOLE RISK. WE DO NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING THIS SERVICE PLAN OR ANY RESULTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS WITH RESPECT TO THIS SERVICE PLAN.

ENTIRE AGREEMENT: This Service Plan; including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt for Your Product, constitute the entire agreement between Us and You and no representation, promise or condition not contained herein shall modify these items, except as required by law.

STATE AND PROVINCIAL REQUIREMENTS: Regulation of contracts may vary widely from state to state or province to province. Any provision within this Plan which conflicts with the laws of the state or province where this Plan was purchased shall automatically be considered to be modified in conformity with applicable provincial laws and regulations. The following provincial requirements apply if Your Plan was purchased in one of the following states or provinces and supersede any other provision within Your Plan terms and conditions to the contrary.

 Quebec Only: The following disclosure statement is added: The parties acknowledge that they have requested that this Agreement and all ancillary documents be drawn up in the English language only. Les parties reconnaissent avoir exigé que cette convention ainsi que tous les documents y afférents soient rédigés en anglais seulement.

THIS AGREEMENT IS NOT A SERVICE CONTRACT OR AN INSURANCE POLICY, CERTIFICATE OR CONTRACT. THIS AGREEMENT DOES NOT PROVIDE (A) REPAIRS TO OR REPLACEMENTS OF ANY TANGIBLE EQUIPMENT OR PROPERTY; WHETHER OR NOT SUCH DAMAGES ARISE FROM A MANUFACTURER DEFECT OR NORMAL WEAR AND TEAR, OR (B) INDEMNIFICATION OR PAYMENT FOR DAMAGES TO ANY PROPERTY CAUSED BY OR ARISING FROM FORTUITOUS EVENTS.

 

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