SEAGATE RESCUE SERVICE PLAN COMMERCIAL Terms & Conditions

Transcription

1 SEAGATE RESCUE SERVICE PLAN COMMERCIAL Terms & Conditions IMPORTANT: THIS SERVICE PLAN IS ONLY AVAILABLE FOR EQUIPMENT THAT HAS BEEN PURCHASED CONCURRENTLY WITH THE SERVICE PLAN. USE OF EQUIPMENT IN AN EDUCATONAL INSTITUTION OR ENTERPRISE ENVIRONMENT IS NOT COVERED. IF YOU PURCHASED THIS SERVICE PLAN SEPARATELY FROM THE EQUIPMENT OR IF THE INTENDED USE IS IN AN EDUCATIONAL INSTITUTION OR ENTERPRISE ENVIRONMENT, 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 ). We hope You enjoy the added comfort and protection the Service Plan provides. By purchasing the 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 Your Equipment, 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, the Administrator and its 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 Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21st Floor, Cleveland, OH You and Your refer to the entity purchasing the Equipment covered by this Service Plan, or to the entity 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 Seagate Technology, LLC, P.O. Box 850, Fairfield, CT 06824, Distributor 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 eligible solid state drive(s) (SSD(s)), hard disk drive(s) (HDD(s)), external hard drive(s) or other eligible media storage device(s) which You purchased and which store the data that is to be covered by the Service Plan (PLEASE SEE EXCLUSIONS LISTED AT FOR SPECIFIC ITEMS THAT ARE NOT COVERED). Power Surge means an oversupply of voltage to the covered Equipment while properly connected to a surge protector approved by the Underwriter s Laboratory Inc. (UL). 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. You may also contact the Administrator for assistance in determining whether Your media storage device is eligible for coverage. PRODUCT ELIGIBILITY: We request that You register Your covered Equipment at within 14 days of purchase of the Service Plan. Coverage under this Service Plan is limited to the drive(s) and/or device(s) that are designated through the registration of Equipment serial number(s) when Your Service Plan is registered. FAILURE TO REGISTER YOUR COVERED EQUIPMENT MAY RESULT IN DELAYS IN RECEIVING SERVICE UNDER THE SERVICE PLAN. Equipment eligible for coverage under this Service Plan must be purchased as new or factory refurbished and manufactured for use in the United States (which at the time of purchase included a manufacturer s original or factory refurbished warranty valid in the United States). Additionally, Equipment eligible for coverage under this Service Plan is limited; please contact Your Administrator to confirm eligibility. In the event You inadvertently purchased a Service Plan for Equipment not eligible for coverage, We will provide You with a full refund of the Service Plan purchase price and coverage shall be deemed null and void. Accessories and/or add on options purchased separately and not essential to the 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; including damage resulting from Power Surge. 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. 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 such instances, You may have the opportunity to transfer the remaining coverage term under this Service Plan to that replacement device. 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 either through Remote Data Recovery or In Lab Data Recovery methods as further explained below. Under this Service Plan, Your Equipment is eligible for either two (2) Remote Data Recovery attempts or one (1) In Lab Data Recovery attempt, whichever occurs first, 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. 1. Step 1 REMOTE DATA RECOVERY: Administrator will first attempt to recover Your damaged or deleted files over the Internet through a secure connection ( Remote Data Recovery ). You are eligible for a maximum of two (2) Remote Data Recovery attempts under this Service Plan. In order for a Remote Data Recovery to be attempted, the following requirements must be met: a. Your Equipment must be physically operational. Remote Data Recovery is an attempt to retrieve damaged or deleted files only, and will not repair any mechanical, operational or structural Equipment failures. NWS SGT DRSD_C (03 14) 1 (Distributor/End User Commercial)

2 b. You need a reliable broadband Internet connection. Cable, Fiber Optic or DSL broadband Internet connections work best with Remote Data Recovery attempts. If You only have dial up Internet connection, We reserve the right to require You to utilize the In Lab Data Recovery service method. c. You need a second media storage device to receive Your recovered data ( Recovery Media Device ). Your Recovery Media Device must be connected to a computer, along with the original defective Equipment. The Administrator will assist You in identifying compatible Recovery Media Devices before proceeding. d. You may need to install software. If such installation is necessary, the Administrator will assist You with the installation of the new software. In the event the Administrator is unsuccessful in its Remote Data Recovery attempt, You will be instructed to provide Your Equipment to the designated lab location for In Lab Data Recovery, as described below. 2. Step 2 IN LAB DATA RECOVERY: In the event the Administrator is unsuccessful in its Remote Data Recovery attempt, You will be asked to ship Your Equipment to the Administrator s designated laboratory facility to attempt the retrieval of Your data ( In Lab Data Recovery ). When You ship Your Equipment to the Administrator s laboratory facility, You must use the original Equipment packaging or packaging that provides an equal or greater level of 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 Administrator s laboratory facility. For more information please contact the Administrator at 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 Administrator s laboratory facility, Administrator will take the following action(s): a. RECOVERY EFFORT: Administrator will attempt to recover Your lost data and files. b. RETURN OF RECOVERED DATA: Your recovered data will be loaded on a media storage device and returned to You. i. Media Storage Device provided by the Administrator: The Administrator is responsible for procuring the appropriate media storage device. The Administrator, at its sole discretion, will provide the recovered data on the media device of its choice. ii. Media Storage Device provided by You: In the event You wish to provide the Administrator with a media storage device of Your preference, You will be responsible for procuring such storage device and shipping it to the Administrator. Your preferred media storage device must be approved by the Administrator, to ensure type and capacity is appropriate for the size of data to be iii. recovered. Original Equipment Return: Upon Your request, the Administrator 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. c. 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. d. DISPOSAL OF YOUR DEFECTIVE EQUIPMENT: Because data recovery efforts utilizing the In Lab Data Recovery Service renders Your Equipment inoperable, Your original Equipment will be subject to secure disposal following an In Lab Data Recovery attempt, unless You request the Administrator to return the inoperable original Equipment back to You. 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. NOTICE REGARDING POWER SURGE DAMAGE: In the event Your Equipment requires service under this Service Plan as a result of Power Surge, coverage and benefits are limited to the covered Equipment item itself, and do not extend or apply to any other component or item that may also sustain damage (such as, but not limited to, a computer in which the Equipment is installed in). If Power Surge damage occurs, benefits will follow that which is described in Sections 1 and 2 above, as applicable to You and Your Equipment. IF YOUR EQUIPMENT AND/OR ITEM IN WHICH THE EQUIPMENT HAS BEEN INSTALLED SUSTAINS DAMAGE RESULTING FROM SUCH BEING IMPROPERLY INSTALLED/CONNECTED TO A POWER SOURCE, SUCH DAMAGE IS NOT CONSIDERED TO BE AND IS NOT COVERED UNDER POWER SURGE. WHAT TO DO IF YOUR EQUIPMENT REQUIRES SERVICE: Call the Administrator at and explain the problem. You will be instructed on the next steps for filing a claim under this Service Plan and for scheduling an appointment with a qualified technician to provide service under a Remote Data Recovery attempt. 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. Service will be provided during normal business hours and in the USA 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. LIMITATION OF LIABILITY: You acknowledge upon the initiation of any services provided by Us hereunder that the Equipment, media and/or data, is now damaged and You acknowledge that Our efforts to analyze the damage, prepare for and perform the services we believe are necessary or advisable may result in the destruction of or further damage to the Equipment, media and/or data. We, for ourselves and the Administrator, hereby state and You, by submitting or permitting us access to the Equipment to perform the services described in this Service Plan, acknowledge that due to the damaged condition of Your Equipment, media and/or data, and the uncertain nature of the type and extent of such damages, We cannot and do not assume responsibility for any additional damage that may occur to Your Equipment, media and/or data during Our attempts to recover your data. NWS SGT DRSD_C (03 14) 2 (Distributor/End User Commercial)

3 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 occurs first. 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 estimated and actual fees and 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 THE ADMINISTRATOR RESERVES 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. Equipment that includes the words Enterprise, Mission Critical, Business Critical or Near Line in its manufacturer s description; b. Equipment that uses a Serially Attached SCSI (SAS) interface; c. Equipment that is network attached storage or multi drive storage capable of housing more than ten (10) hard drives; d. Equipment sold without a manufacturer s/retail warranty or sold as is; e. Equipment used in industrial settings (equipment used in industrial settings may be defined as: any utilization of equipment that is inconsistent with either the design of the Equipment or the way the OEM intended the Equipment to be used); f. Equipment used by an educational institution; g. Equipment used in a data center, server farm, storage farm, storage cloud, cloud storage, computing cluster, storage cluster or storage area network (SAN); h. Components not contained with the housings of the covered equipment; i. Equipment with removed or altered serial numbers; j. Public rental equipment or products used in communal settings (use of a product for these purposes will cause this Service Plan to provide no coverage); k. Portable electronic devices; such as tablets, mobile (cell) phones, USB memory flash sticks, compact flash devices. 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 personal data, except to the extent covered under this Service Plan; and g. Service outside of the United States of America, its territories or Canada. IN THE EVENT OF A SERVICE INCIDENT WHEREIN THERE IS A NO PROBLEM FOUND DIAGNOSIS FROM OUR AUTHORIZED SERVICER, YOU MAY BE RESPONSIBLE FOR ALL RELATED SERVICING COSTS. 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, less any claims paid by Us. 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, less any claims paid by Us. When applicable, You shall be entitled to the Unrecoverable Data Reimbursement outlined in the SERVICES PROVIDED UNRECOVERABLE DATA section. NWS SGT DRSD_C (03 14) 3 (Distributor/End User Commercial)

4 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 address in Our file (or physical address if necessary), 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 unearned pro rata Service Plan Purchase Price paid by You, minus any claims paid by Us. 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. 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. DISPUTE RESOLUTION BY BINDING ARBITRATION: As used in this provision, You and Your means the purchaser of this Service Plan, and all of their assignees and representatives. And, We and Us shall mean the party or parties obligated to provide service under this Service Plan and shall be deemed to include Administrator and all of its agents, affiliates, predecessors in interest, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees and employees of any of the foregoing entities. Please read this arbitration provision ( provision ) carefully. It affects Your rights. Most customer concerns can be quickly and satisfactorily resolved by calling the Administrator at In the unlikely event that Your matter is not resolved or if We have been unable to resolve a dispute We have with You after attempting to do so informally, You and We each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court, it uses a neutral arbitrator instead of a judge or jury, it allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief as a court. Any arbitration under this Service Plan will take place on an individual basis; class arbitrations and class actions are not permitted. For any non frivolous claim that does not exceed $75,000, We will pay all costs of arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees to at least the same extent as You would in court. In addition, under certain circumstances (explained below), We will pay You more than the amount of the arbitrator's award and will pay Your attorney (if any) twice his/her reasonable attorneys' fees if the arbitrator awards You an amount that is greater than what We have offered You to settle the dispute. ARBITRATION AGREEMENT 1) We and You agree to arbitrate all disputes and claims that arise with respect to the other. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: a. Claims arising out of or relating to any aspect of the relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; b. Claims that arose before this or any prior Service Plan (including, but not limited to, claims relating to marketing); c. Claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and d. Claims that may arise after the termination of this Service Plan. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Service Plan, You and We are each waiving the right to a trial by jury or to participate in a class action. This Service Plan evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This provision shall survive termination of the Service Plan. 2) A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute ("Notice"). The Notice to Us should be addressed to: Legal Depart., Northcoast Warranty Services, Inc., 800 Superior Avenue E., 21 st Floor, Cleveland, OH ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If We and You do not reach an agreement to resolve the claim within 30 days after Notice is received, You or We may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or We is entitled. You may contact Us to obtain a form to initiate arbitration. 3) After We receive notice at the Notice Address that You have commenced arbitration, We will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $75,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Service Plan, and will be administered by the AAA. The AAA Rules are available online at by calling the AAA at , or by writing to the Notice Address. The arbitrator is bound by the terms of this Service Plan. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the provision are for the court to decide. Unless We and You agree otherwise, any arbitration hearings will take place in the county of Your billing address. If Your claim is for $10,000 or less, We agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided herein, We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is NWS SGT DRSD_C (03 14) 4 (Distributor/End User Commercial)

5 frivolous or brought for an improper purpose (under the standards set forth in Federal Rule of Civil Procedure 11(b)), payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse Us for all monies previously disbursed by Us that are otherwise Your obligation under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $75,000 in damages, payment of these fees will be governed by the AAA rules. 4) If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of the last written settlement offer made by Us before an arbitrator was selected, We will: a. Pay You the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and b. Pay Your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration ("the attorney premium"). If We did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. (5) The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws We may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, We agree that We will not seek such an award. (6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR/OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is found to be unenforceable, then the entirety of this provision shall be null and void. (7) Notwithstanding any provision in this Service Plan to the contrary, We agree that if We make any future change to this provision (other than a change to the Notice Address) during Your Service Plan, You may reject any such change by sending Us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, You are agreeing that You will arbitrate any dispute between Us in accordance with the language of this provision. IMPORTANT CONSUMER INFORMATION: If Your Equipment is exchanged by the OEM or Distributor, 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 , or by writing to the Administrator at P.O. BOX 850, Fairfield, CT 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: You warrant that You are the legal owner or the authorized representative 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 remote 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 and indemnify Us and the Administrator (including the directors, officers, employees, agents, delegates, and contractors of Us and of the Administrator, respectively) 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 acknowledge 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 these 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. 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6 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. 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. NWS SGT DRSD_C (03 14) 6 (Distributor/End User Commercial)