CarePAK PLUS Terms & Condition

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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:
a. Pre-Existing Conditions;
b. Mechanical, electrical or operational breakdown of Your Equipment – OUR LIABILITY IS SOLELY LIMITED TO THE RECOVERY ATTEMPT OF YOUR
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;
c. Collision with or explosion of another object;
d. Unauthorized repairs, improper installation or attachments or transportation damage;
e. Lack of manufacturer specified maintenance or improper equipment modifications; and
f. Vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other external peril
originating from outside the Equipment.
2. This Service Plan does not provide coverage for any of the following equipment, products, or equipment components:
a. Any flash data storage devices that are not fully removable from the device in which it is contained for the collection of data;
b. Any Solid State Drive (SSD) or hard disc drive (HDD) storage devices;
c. Equipment sold without a manufacturer’s/retail warranty or sold “as is;”
d. Public rental equipment or products used in communal settings (use of Equipment for these purposes will cause this Service Plan to provide no
coverage).
3. This Service Plan does not provide coverage for any of the following costs, expenses or services:
a. Data recovery services when such are covered by manufacturer’s recall; manufacturer’s factory bulletins; insurance; or another service
agreement;
b. Cleaning, preventative maintenance, or customer education expenses related to the Equipment, or any resultant damage caused by such;
c. Service required as a result of any alteration of the Equipment, or repairs made by anyone other than a servicer authorized by Us, or the use of
supplies other than those recommended by the manufacturer;
d. Liability or damage to property, or injury or death to any person arising out of the operation, maintenance or use of the Equipment;
e. Expenses incurred from the dismantling or reinstallation of fixed infrastructure when removing Your Equipment from, or installing an alternate
media device into, a custom installation;
f. Any perceived or actual monetary value associated with lost data, except to the extent covered under this Service Plan;
g. Repairs to or replacements of any tangible equipment or property;
h. Indemnification or payment for damages to any property caused by or arising from fortuitous events; and
i. Service outside of the United States of America or its territories.
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 Us 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.
RENEWABILITY: If You wish to renew coverage under this Service Plan, please contact Us 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 Us to initiate Our transfer process. 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.