Extended Warranty Plan

This Extended Warranty Agreement (“Agreement”) describes the protections Customer will receive from Company in return for purchasing an Extended Warranty Plan (“Plan”).  If you purchase a Plan, this Agreement is incorporated by reference into the SnapXT Purchase Agreement and Limited Warranty between Customer and Company (“Purchase Agreement”).  All provision of the Purchase Agreement that are not inconsistent with this Agreement apply to this Agreement.

The capitalized terms that appear in this Agreement have the same meanings as in the Purchase Agreement, unless otherwise defined in this Agreement.

Please keep this document and proof of purchase in a safe place.  You may need these documents to verify your coverage when you exercise your rights under the Plan.

PRODUCT ELIGIBILITY

This Plan covers new Products purchased from Company or an authorized reseller or distributor of Company.  This Plan covers Products maintained as recommended by the manufacturer’s owner’s manual or Product warranty.  This Plan covers Products used for commercial purposes.  Products used for any other purposes are not eligible for protection under this Plan.  This Plan does not include any accessories used in connection with the Products or any software used in connection with the Products, other than the software that is preloaded onto the Products.

SCOPE OF PLAN

The Plan is in addition to the Limited Warranty set forth in the Purchase Agreement.  The Plan will remain in force for one (1) year from the date when you purchased the Plan (the “Purchase Date”), and it will automatically renew for additional one (1) year periods on the anniversary of the Purchase Date (each a “Plan Year”).  The Plan is specific to a particular Product for which a Plan has been purchased and is not transferrable between Products.

If the Products you purchased are not covered by the Limited Warranty, we will replace the Products if they are rendered inoperable due to a mechanical, electrical, or software failure during the term of the Plan, or if the Products are damaged, destroyed, lost, or stolen, except as provided in the section of this Agreement entitled “EXCLUSIONS FROM COVERAGE.”  The Plan does not cover replacement of the Products for any of the causes set forth in the section of this Agreement entitled “EXCLUSIONS FROM COVERAGE.”

The Plan may only be exercised once per device per year.  Example:  Assuming a Plan is in place for a Product, if the Product is destroyed and replaced during Year 1, and if the same Product is destroyed during the same year, we will not provide a second replacement.  However, if the replacement Product is damaged in Year 2, we will provide a replacement. 

VERSIONS OF PLAN

You may purchase two versions of the Plan:

Both Versions of the Plan provide the same coverage.  The only difference is the nature of the replacement Product (refurbished or new).

EXCLUSIONS FROM COVERAGE

The Coverage of the Plan does not include purposeful damage to the Products.

CANCELLATION

The Plan may not be cancelled for any reason prior to the end of the fist Plan Year.  To cancel the Plan for any subsequent Plan Year, you must send written notice of cancellation at least thirty (30) days prior to the end of the current Plan Year.

TRANSFERABILITY

If You transfer ownership of the Products, the Plan may be transferred by sending us notice of the transfer within ten (10) days of the transfer, a copy of proof of payment for the Plan, along with the name, address, and phone number of the new owner, the date of the transfer, and a $10.00 transfer fee per Plan. Please note that the manufacturer’s warranty may not be transferrable.

LIMITATIONS ON LIABILITY

YOU AGREE THAT PROVEN WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ALLEGEDLY ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS, UNLESS SUCH LIABILITY IS FOUND TO HAVE BEEN CAUSED BY OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF APPLICABLE LAW.

YOU FURTHER AGREE THAT IN NO EVENT WILL PROVEN BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, ANY ACCOUNTING OF PROFITS, OR ANY LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OR WARRANTY, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF WHETHER PROVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER AGREE THAT THIS EXTENDED WARRANTY PLAN IS YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS AGAINST PROVEN IN CONNECTION WITH THIS AGREEMENT.

YOU FURTHER AGREE THAT, IF THE PRECEDING LIMITATIONS ON LIABILITY ARE FOUND NOT TO APPLY TO YOUR CLAIM, IN NO EVENT WILL PROVEN LIABILITY TO YOU EXCEED ANY FEES YOU HAVE PAID TO PROVEN DURING THE ONE (1) YEAR PRECEDING THE DATE OF YOUR INITIAL CLAIM.

The Parties agree that these limitations on liability apply to all disputes between the Parties, regardless of whether the disputes are resolved through negotiations or in litigation or other legal proceedings, including mediation or arbitration, or in any other manner.  These limitations on liability are part of the basis of the bargain between the parties, and without these limitations, PROVEN would not be able to provide access to the Products on the same terms or at the same price it currently provides such access.

RETURN AUTHORIZATIONS

To request replacement Products, you must first obtain an RA Number.  To obtain an RA number:

• Please contact the party from whom you purchased the Products.
• If you purchased the Products directly from PROVEN, or if you cannot locate the distributor or reseller whom you purchased the Products, please email PROVEN at info@provenpass.com or call PROVEN at 650.425.3059 to start a validation of your warranty claim.

If you are instructed to return your Product under the terms of the Plan:

• Please return the Products with your RA number, proof of purchase, and information regarding the reason for the return.
• Please return the Products in accordance with any instructions provided by PROVEN or the distributor or reseller from whom you obtained the Products.
• Please return the Products freight and insurance prepaid.

Important Note: All Products must be returned with an RA Number and proof of purchase to ensure proper tracking and handling of the Products. If you do not have an RA number or proof of purchase, PROVEN reserves the right to refuse receipt of returned Products.

COMMUNICATIONS

For all communications, other than return authorizations, including requests to purchase successive Plan, questions about the Plan, and questions about the Products, please email PROVEN at support@provenpass.com or call PROVEN at 650.425.3059.