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, end of life computers, 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 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, iOS locked, or is in unsellable condition may result in a higher restocking fee. 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, open software, on-ear headphones, in-ear earphones, unused Simply Answers memberships, labor, iPhone repairs, iPhone swaps/replacements and gift cards.

Return on the Web

In the unlikely event that your items arrive damaged, are missing components, or the item shipped does not match your order please email orders@simplymac.com or use the chat feature on our site for further instructions so we can take care of the issue in a timely manner.

Other eligible items purchased on simplymac.com may be returned by contacting orders@simplymac.com with the order number and the reason for the return. A customer care representative will review your return request and contact you with further questions.

Simple Trade Terms of Service

Terms of Service

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

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.

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.
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.
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.
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.
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.
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.

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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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

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 up to three 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. Simply Mac reserves the right to change, cancel, or adjust all or any parts of the Simple Care+ coverage

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 up to two instances of ADH, not to exceed the limit of liability, 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.

Claim Free Bonus Trade-in Credit

This bonus applies to Mac computers only. You can receive a $100 Trade Bonus in the form of a coupon discount toward a new Mac if you trade in your Simple Care+ Covered Product prior to your contract expiration. Covered Product can not have had a claim history for a covered repair during your Term. Covered Product must be in like new condition, free of any mechanical issues, and accompanied by all accessories.

Priority Service

Simple Care+ Covered Products moved to the front of the repair queue behind any other Simple Care+ Covered Product, but ahead of any Covered Product with AppleCare, AppleCare+, or Out of Warranty. Simply Mac does not make turn around time guarantees with Covered Product with the exception of moving the Covered Product up in the queue for priority diagnosing/repairing.

Theft Protection

One year of complimentary theft coverage is offered by Safeware, The Insurance Agency, Inc., under an insurance policy that will be issued to you by Technology Insurance Company, Inc. **By accepting the theft coverage You also accept the terms and conditions of the Safeware Statement of Privacy Terms and Conditions located at http://www.safeware.com/SCPT** You will be sent an email allowing You to review the terms and conditions of the insurance policy and to opt-out of theft coverage should You decide that You do not want the theft coverage. The insurance policy provides theft coverage for one year from the date you purchased your product, subject to the terms, conditions and exclusions.

Products that receive one year of theft coverage are Apple notebooks, iPads and Apple Watch models.

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.

The Service Agreement does not apply to damage to Covered Product caused by the presence of hazardous materials, including, but not limited to, biological materials and allergens, that present a risk to human health.

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.

Simple Care

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.