Product Protection Plan
Product Protection Plan
Effective October 20, 2016
THIS DOCUMENT IS A LEGAL AGREEMENT (“Agreement”) BETWEEN SSAM Sports, Inc. d/b/a 4D Motion Sports (“4D Motion”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“You”) IN RELATION TO THE 4D MOTION PRODUCT PROTECTION PLAN (“Plan”). BY UNDERTAKING TO RECEIVE AND/OR PAYING FOR THE PLAN DESCRIBED BELOW, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED WITH RECEIVING THE SERVICES. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE PLAN.
- When Your Plan Begins and Ends. Your Plan begins on the date your original Covered Product is delivered to You or on each anniversary thereof if additional plans are purchased pursuant to Section 5. The “Coverage Period” means the date Your Plan begins as per the preceding sentence and shall last for a period of one year ending on the one year anniversary of the start date.
- What is Covered? Covered Products include only the Notch sensors and the Notch charging stations purchased by You and covered by a Plan continuously since the date of purchase. 4D Motion will repair or replace damaged or defective Covered Product during the Coverage Period for any reason so long as the Covered Product is returned to 4D Motion. The Plan does not cover lost or stolen items.
- How to Obtain Service and Support? You may obtain service by accessing our website, www.4DMotionSports.com, or by email us at support@4DMotionSports.com. For Your convenience, 4D Motion may use regional affiliates to assist with the process.
- Your Responsibilities. To receive service or support under the Plan, you agree to comply with each of the terms listed below.
(i) You will provide information about the symptoms and causes of the issues with the Covered Product.
(ii) You will respond to requests for information, including but not limited to the Covered Product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Product, any error messages displayed, the actions which were taken before the Covered Product experienced the issue and the steps taken to resolve the issue.
(iii) You will follow instructions we give you, including but not limited to refraining from sending us products and accessories that are not subject to repair or replacement service and packing the Covered Product in accordance with shipping instructions.
Prior to the end of the coverage period, You may elect to renew the Plan for an additional year. To do so, You will need to purchase the appropriate Plan from our website, www.4DMotionSports.com. We are not responsible for giving you notice of the expiration of your Plan. Therefore, you may not receive any communication from us prior to your Plan expiring. If a Plan is allowed to lapse, it cannot be renewed. Within 30 days of purchasing a renewal, You will receive confirmation from 4D Motion of your renewal. If the Plan has lapsed, You will receive notice that your renewal has been rejected and your purchase price will be refunded.
- AVAILABILITY OF SERVICES. While we try to complete service as quickly as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer delays, parts availability, shipping to a regional service facility, Acts of God or other external causes.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(I) WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF USE, OR LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN;
(II) FOR ANY SINGLE CLAIM, OUR LIABILITY SHALL BE THE LESSER OF THE COST OF (A) REPAIRS AUTHORIZED BY US, OR (B) REPLACEMENT WITH A NEW OR REFURBISHED PRODUCT OF LIKE KIND AND QUALITY THAT IS OF COMPARABLE PERFORMANCE; AND
(III) OUR TOTAL LIABILITY UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF YOUR COVERED PRODUCT INCLUDING TAXES.
© 2018 SSAM Sports