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Elevated Support Consideration Terms and Conditions

1. DEFINITIONS:

“We”, “Us” and “Our” shall mean Respectech, Inc. dba ameridroid.com.

"Administrator" shall mean Respectech, Inc. dba ameridroid.com. Office location is available at https://ameridroid.com/pages/contact and the current telephone number is located at the bottom of Our website Terms & Conditions Page at https://ameridroid.com/pages/terms-conditions, regardless of other phone numbers that may be present in this document.

“You”, “Your” shall mean the individual or entity who purchased this Add-On or the individual or entity to whom this Plan was properly transferred in accordance with these Terms and Conditions.

The following terms are used in the Order Summary

Add-On Price: The price You paid for this Add-On.

Add-On Start Date: This is the date when this Add-On takes effect.

Associated Product or Product: The product or type of product associated with this Add-On.

Elevated Support Consideration or Elevated Support or Consideration: This Add-On provides Elevated Support Consideration that may take many forms including repair or replacement of an Associated Product at Our discretion.

Consideration Term or Term: This is the amount of time the Associated Product will receive Consideration under this Add-On. The Add-On is inclusive of any US manufacturer’s warranty that may exist during the Consideration Term. The Add-On is not a warranty or insurance, and therefore does not replace the manufacturer’s warranty, but provides certain additional Elevated Support Consideration by Us during the term of the manufacturer’s warranty and the Consideration Term.

2. TERMS OF CONSIDERATION:

This Add-On will provide elevated support for a mechanical or electrical failure of the Associated Product(s) in subsections I, II, and III below during normal usage for the Consideration Term of this Add-On. This Add-On is inclusive of any manufacturer’s warranty that may exist during the Consideration Term. As stated in Section 1, “DEFINITIONS” under “Consideration Term”, it does not replace the manufacturer’s warranty, but provides certain additional benefits during and after the term of the manufacturer’s warranty, depending on the length of the Consideration Term. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our sole discretion.

This Add-On does not provide Elevated Support Consideration of Your Product for any of the causes or provide Consideration or remuneration for any losses set forth below in Section 8, “WHAT WILL NOT BE CONSIDERED.” Specific details about the Consideration under this Add-On are provided in the Add-On Summary. For online assistance and hardware troubleshooting tips, visit Our customer support page at https://ameridroid.com/pages/contact.

  1. CELL PHONES AND TABLETS:

    1. This Add-On allows Consideration to repair or replace Your Product where the problem is the result of a failure caused by:

      1. Normal wear and tear, but not damage from accidental handling (e.g. drops, spills, electric shock, and liquid damage);

      2. One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return Your original defective battery to Us to receive a replacement battery;

      3. Damaged or defective buttons or connectivity ports located on Your Product;

      4. For defective pixels, Our Consideration will take into account the manufacturer’s warranty for the Term of Your Add-On. In the absence of a manufacturer’s dead pixel policy, We will provide Consideration for a failure of three (3) or more defective pixels within a one square inch area of the display;

      5. Dust, internal overheating, internal humidity/condensation;

      6. Defects in materials or workmanship;

      7. Operational failure resulting from a power surge while properly connected to a surge protector with a power supply of the correct voltage and sufficient amperage. You may be asked to provide Your surge protector and/or power supply for examination.

  2. SMARTWATCHES:

    1. This Add-On allows Consideration to repair or replace the Product where the problem is the result of a failure caused by defects in workmanship and/or materials, including those resulting from normal wear and tear such as: watch band, case, clasp, and display, but not damage from accidental handling (e.g. drops, spills, electric shock and liquid damage). For watch band failure, We may elect to replace either segments of the band, the complete band, or the watch, at Our discretion.

  3. ALL OTHER PRODUCTS:

    1. This Add-On allows Consideration to repair or replace Your Product where the problem is the result of a failure caused by:

      1. Normal wear and tear, but not damage from accidental handling (e.g. drops, spills, electric shock and liquid damage);

      2. One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion, if the Add-On has been offered and purchased at the time of sale with Your Product;

      3. For defective pixels, Our Consideration will take into account the manufacturer’s warranty for the Term of Your Add-On. In the absence of a manufacturer’s dead pixel policy, We will provide Consideration for:

        1. Six (6) or more defective pixels for displays up to 17”;

        2. Eight (8) or more defective pixels for displays greater than 17”.

      4. Dust;

      5. Defects in materials or workmanship;

      6. Operational failure resulting from a power surge while properly connected to a surge protector with a power supply of the correct voltage and sufficient amperage. You may be asked to provide Your surge protector and/or power supply for examination.

3. WHAT TO DO IF AN ASSOCIATED PRODUCT REQUIRES SUPPORT:
Contact Us online via Our support form at https://ameridroid.com/pages/contact or call Us at 707-635-2430 and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, We will provide instructions on any additional actions required on Your part.
4. HOW WE WILL PROVIDE CONSIDERATION:
Depending on the Product and failure circumstances, at Our discretion, We will:

  1. Provide instructions on how to remedy the Support issue, or;

  2. Repair Your Product, or;

  3. Provide a refund or a gift code reflecting the replacement cost of a new product of equal features and functionality up to the price paid for the Associated Product, or;

  4. Replace Your Product with a product of like kind, quality and functionality.

5. PLACE OF SERVICE:
We will provide a free prepaid shipping label to Our location for repair, replacement or service. You will be responsible for safe packaging and shipment of Your Product. If, upon inspection, Your Product is determined to have experienced a failure which is allowed for Consideration, We may service Your Product in accordance with Section 4, “HOW WE WILL PROVIDE CONSIDERATION”. If the service center determines Your Product is in working condition or is not allowed for Consideration, We will return Your Product to You or dispose of it at Your request.
6. LIMIT OF CONSIDERATION:
The total amount that We will outlay for repairs, replacement or service made in connection with any support requests that You request pursuant to this Add-On shall not exceed the original purchase price of the Associated Product. In the event that Our total outlay for service, repairs or replacements, which in the aggregate, are equal to or exceed the original purchase price of the Associated Product, then We will have no further Consideration under this Add-On.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
7. YOUR RESPONSIBILITIES:

  1. Provide Us with Your order number that You received when You purchased the Associated Product and accompanying Add-On from Us when Elevated Support is requested via Our Contact Us form at https://ameridroid.com/pages/contact .

  2. Purchase the Add-On offered as a Recommended Accessory on Your Product at the time of the purchase of Your Product.

  3. Properly maintain, store and use Your Product according to the manufacturer instructions and common sense.

8. WHAT WILL NOT BE CONSIDERED:

  1. Any and all pre-existing conditions that occur prior to the Add-On Start Date of this Add-On;

  2. Intentional damage;

  3. Lost, stolen, or irretrievable items;

  4. Any product that is fraudulently described or materially misrepresented;

  5. Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Product in accordance with the manufacturer’s specifications and owner’s manual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the Product;

  6. Defects due to the initial installation, assembly or hookup of Your Product;

  7. Cases wherein the manufacturer acknowledges the existence of a valid manufacturer’s warranty and denies a claim against the manufacturer’s warranty on the Product;

  8. Claims made under any improperly or incorrectly purchased Add-On;

  9. Cosmetic damage which does not affect the functionality of the Product;

  10. Display screen imperfections, including “burn-in”;

  11. Accidental damage, cracked or damaged monitor, laptop or display screens, liquid damage, lost buttons or knobs etc.

  12. Consumer replaceable or consumable batteries;

  13. Consumer replaceable or consumable items such as but not limited to solid-state storage devices such as microSD, eMMC, SSD, etc.;

  14. Product(s) with removed or altered serial numbers;

  15. Manufacturer defects 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);

  16. Damage to computer hardware, software and data caused by, including, but not limited to, viruses, application programs, hardware drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data;

  17. Failures related to shipping damage, cleaning, preventive maintenance, “No Problem Found” diagnosis, intermittent and non-intermittent issues that are not Product failures (such as poor cell phone reception);

  18. Smartwatches that are used or refurbished at the time of purchase;

  19. Items sold in a private sale (e.g. flea market, yard sale, estate sale, auction websites or classified websites).

9. NO LEMON POLICY:
If Your Product has two (2) service repairs completed for the same problem and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Associated Product may be replaced with a comparable product or a refund may be provided. The cost of the replacement will not exceed Your Product’s original purchase price.
10. FREE SHIPPING:

This Add-On includes shipping charges to Our location during the Consideration Term.
11. WORLDWIDE SERVICE:
The Consideration provided in this Add-On also applies when Your Product is located outside of the United States. If Your Product needs Elevated Support, please contact Us at https://ameridroid.com/pages/contact. At this time You will be instructed on how to proceed to obtain Elevated Support.
12. TRANSFER OF ELEVATED SUPPORT:
This Add-On may be transferred at no charge. To transfer this Elevated Support Consideration, contact Us at https://ameridroid.com/pages/contact or via 707-635-2430 during normal business hours.

13. CANCELLATION:
You may cancel this Add-On for any reason at any time. To cancel, contact us at https://ameridroid.com/pages/contact or via 707-635-2430 during normal business hours. If You cancel this Add-On within the first thirty (30) days after purchase of this Add-On You will receive a 100% refund of the Add-On Price. If You cancel after the first thirty (30) days from purchase of this Add-On, You will receive a pro-rated refund based on the time remaining on Your Elevated Support Add-On. The refund will be sent to You in a timely manner. We may cancel this Add-On at Our option for any reason. If We cancel Your Add-On, You will receive a pro-rated refund.
14. PROVISION OF ELEVATED SUPPORT:
We will use Our best judgment and experience to determine the best course of action in providing the Elevated Support Consideration under this agreement, and You agree to defer to Our judgment and experience.

We and You agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitration or legal proceedings against Us or You. If You disagree with Our handling related to this Add-On, Your maximum remedy is the purchase price of this Add-On. The laws of the state of California (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Elevated Support Add-On and all transactions contemplated by this Add-On, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Add-On.
15. GUARANTEE:
This is not an insurance policy, warranty or related device. Any remuneration, Support and/or services provided by this add-on are solely provided by Us.
16. ENTIRE OBLIGATION:
Unless revised by Us, this Add-On sets forth the entire obligation between the parties and no representation, promise or condition not contained herein shall modify these terms.

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