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IMPORTANT: The terms set forth below govern the iCover Accident Coverage Warranty that you have chosen. If you agree to take an Accident Coverage Warranty you must agree to the Accident Coverage Warranty Terms and Conditions (Terms and Conditions) when you are putting the Warranty into the shopping cart. This will confirm that you have read and understood these Terms and Conditions and agree to them. If you do not agree to the Terms and Conditions do not add an Accident Coverage Warranty program to your shopping cart.
1. WARRANTY SERVICES. iCover‛s Accident Coverage Warranty (Warranty) covers your iPhones and iPods (Products) from accidental damage. It does not cover mechanical defects originating from the manufacturer of the Products.
Warranty Services. Warranty services will be provided for your iPhone or iPod, on the payment program you determine when selecting a Warranty program. You must be 18 years of age to order a Warranty program. All Warranty services are subject to the deductibles set out in the iCover Website, as amended from time to time and are also set forth below. Under your Warranty, iCover will provide parts and labor to repair your Product. In providing repair services, iCover may use new, used or refurbished parts or products. Replacement parts will become your property and any replaced parts will become the sole property of iCover, most parts being able to be repaired and used again. If you reside in a state or country which requires iCover to return to you replaced parts from your product, you must make a request to iCover within 14 days after your Claim is filed for the replaced parts to be returned to you and iCover reserves the right to charge you a higher price for your right to have these parts returned to you when we send you your repaired iPhone or iPod. iCover may subcontract with other service providers for the service to your Product.
2. BATTERY REPLACEMENT. While the replacement of a battery in your product is not included within your Warranty, batteries can be replaced through iCover. At this time, battery replacement costs Thirty-Five ($35.00) Dollars.
3. PAYMENTS/ DEDUCTIBLES. All payments for the purchase of an iCover Warranty must be made by credit card at the time of your order. Two payment options exist. You may seek a 1-year Warranty plan or a 2-year Warranty plan. Deductibles are set forth in the iCover Website and are also set forth below. Deductibles must be paid by credit card at the time a claim is filed. Current deductibles are:
| iPhone |
$100 |
| iPod - Touch |
$90 |
| iPod - Classic |
$75 |
| iPod - Nano |
$50 |
| iPod - Shuffle |
$15 |
4. EARLY CANCELLATION FEE. Your early cancellation of a Warranty will not result in a refund of the premium paid.
5. FAILURE TO REPAIR REFUND. Not often but sometimes, iCover may not be able to repair your product due to extreme damage to your product. In that case, we will provide a new or refurbished product to you.
6. CLAIMS. There is a 30-day waiting period from the date you obtain a Warranty for a Product until you may file a claim relating to that Product. Therefore, no Warranty services will be provided within that first 30-day period. Your Warranty allows you to make 2 claims in a 12-month period. To submit a claim under your Warranty, please go to the iCover Website and follow the direction for claims. You will need your password to file a Claim. If you have forgotten your password, click on "forgot your password" and we will send your password to you. You must fulfill your deductible before each Warranty service will be provided. Once you have filed your claim and paid your deductible you will receive a packing label and instructions on how to send your Product to iCover. All shipping and insurance costs will be iCover's responsibility for customers in the United States (exclusive of Puerto Rico and the U.S. Virgin Islands). All other customers shall be responsible for shipping and insurance.
7. DELIVERY OF PRODUCTS BY ICOVER. iCover will redeliver your Product to the location you request during your claim process. We suggest that if no one will be at your residence during the day that you should provide iCover with your work address. We do not want to delay delivery nor for you to incur a risk that your product is stolen from your residence, especially if you live in a multi- person apartment, coop or condominium building. Please make sure that the information in your claim process is accurate. If we attempt to deliver to the address which you have provided to us and the address is not correct, we will attempt to contact you using the email address you have provided. If we cannot obtain a good address for you and deliver your product to this address, iCover will treat any product as abandoned and may dispose of it.
8. ACCOUNTS AND PASSWORDS. As part of using this Website you will be required to set a password. You will be solely responsible for selecting and maintaining the confidentiality of your password. You agree not use any other party’s password and account at iCover and agree not to allow a third party to use your account, password or Warranty and will advise iCover if any unauthorized use of your account occurs. You will be responsible to iCover for any damages or losses incurred as a result of your failure to protect the security of your account and password.
9. PRODUCT WARRANTY. In servicing your product, iCover warrants that the services and parts provided in the service process will be free from defects in materials and workmanship for 90 days from the date of service. In the event that a defect in materials or workmanship occurs, contact iCover immediately and we will either repair the part or Product or replace the applicable part(s) with a new, used or refurbished part(s).
THIS WARRANTY IS A LIMITED WARRANTY AND THE REMEDY PROVIDED HEREIN IS THE EXCLUSIVE REMEDY AND IN LIEU OF ALL OTHER WARRANTIES OF ANY NATURE, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ANY JURISDICTION WHICH REJECTS WARRANTY LIMITATIONS, ANY WARRANTIES WHICH ARE DEEMED TO EXIST WILL BE PROVIDED FOR A 90-DAY PERIOD ONLY.
10. LIMITATION OF LIABILITY. If any product is damaged or lost while in iCover‛s possession, iCover‛s liability will be limited to the cost of the repair or replacement of the said Product. iCover will not be liable to any user of the Warranty services for indirect, consequential, exemplary, incidental or punitive damages, including lost profits. If any court of law rejects this limitation of liability and finds liability for damages, then damages to iCover shall be limited to the amount of the user’s Warranty premium for the year in which the damage arose.
11. GOVERNING LAW. The Terms and Conditions and any other documents incorporated into the Terms and Conditions, from time to time, shall be governed by Illinois law, without regard to its conflicts of law provisions.
12. DISPUTES AND LAWSUITS. Any lawsuit brought to enforce the Terms and Conditions shall be brought solely in the Circuit Court of Cook County, Illinois or in the United States District Court, Northern District, Eastern Division, Illinois. Website users waive any objection to jurisdiction or venue. Any claim or cause of action under these Terms and Conditions must be brought within 1 year after the cause of action arises or the cause of action is barred and no recovery may be sought or received for damages. It is acknowledged by the parties that iCover will be entitled to out of pocket costs, including court costs and reasonable attorneys fees for any lawsuit related to a user's breach of these Terms and Conditions. No delay in the enforcement of a right by iCover shall constitute a waiver.
13. SERVICE COVERAGE AREA. The iCoverpro.com Website operates from Chicago, Illinois. Repair services are currently provided in the United States, Puerto Rico and the U.S. Virgin Islands on the Terms and Conditions set forth. Services for users outside of the United States, shall also require payment for shipping and such services shall be provided based on the Terms and Conditions plus such other terms determined by iCover as necessary due to local laws and conditions. iCover reserves the right to limit services within the United States to certain geographic locations. Any offer or service, if prohibited in the state or country of a user, is void.
14. PROTECTION OF YOUR MUSIC, CONTACTS AND OTHER DATA. iCover can not guaranty that your music, contacts or other data will not be lost during the repair process although generally the nature of the types of repairs provided to the exterior of products would not put data at risk. iCover suggests that all data files, including music files, be maintained on a computer, which is regularly backed up. All personal data provided to iCover shall be handled consistent with the iCover Privacy Policy which can be downloaded by clicking on "Privacy Policy" at the bottom of any page of this Website.
15. MISCELLANEOUS TERMS. These Terms and Conditions contain all of the terms related to the services provided under iCover‛s Accident Coverage Warranty. In the event of an inconsistency between the Terms and Conditions and any communications sent to you or contained on the iCover Website, the Terms and Conditions shall control. If one or more of the provisions contained in the Terms and Conditions is found to be invalid, illegal or unenforceable, then the validity and enforceability of the remaining provisions shall not be affected and the provisions of the Terms and Conditions shall only be revised to the extent necessary to make them enforceable. In the event that there is an English and Spanish version of this site, including these Terms and Conditions, the English version shall control in the event of inconsistency. iCover shall provide all Warranty services, subject to delays or failures to perform caused by events outside of iCover‛s control.
Copyright 2008 iCover LLC. All rights reserved
Effective Date: January 21, 2009
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