WHAT IS "SHIELD"?
SHIELD is the Cheaper Extended Product Protection Program that is designed to provide added protection to your favorite Cheaper By The Minute purchases. With “SHIELD” everytime you make a purchase you have the option to opt into the program that will extend the protection of your purchase for one year. The cost of enrolling a product you are purchasing from Cheaper By The Minute is generally 10% of the purchase price of the item per additional year of protection.
THESE SERVICE CONTRACT TERMS AND CONDITIONS (THE “Program”) CONSTITUTE A LEGAL CONTRACT BETWEEN YOU, US, AND THE ADMINISTRATOR (AS DEFINED BELOW). THIS Program REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT, AND THE Program LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS Program CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE WITH ANY OF ITS PROVISIONS, DO NOT ENROL YOUR PRODUCT IN THIS PROGRAM. For more information on how to file a claim, please refer to the “HOW TO MAKE A CLAIM” section below.
- OBLIGOR: The company obligated under this Program is Cheaper By The Minute, who can be contacted at 10614 East Sprague Avenue, Suite 1a, Spokane Valley WA 99206 or by phone at 509-713-1700.
- DEFINITIONS: Throughout this Program, the following words have the following meanings: (1) “we,” “us” and “our” mean the company obligated under this Program, as stated in the Obligor section of this Program; (2) “you” and “your” mean the individual that purchased this Program for residential or personal purposes; (3) “administrator” means: (a) Cheaper By The Minute; (4) “retailer” means the retailer of this Program; (5) “covered products” mean the eligible qualifying item(s) listed in Section V.(a) of this Program that are owned by you, covered by this Program and customarily located at your residence; (6) “breakdown” means the mechanical or electrical failure of the covered products caused by: (i) defects in materials and/or workmanship; (ii) power surge; (iii) dust, heat or humidity; (iv) normal wear and tear; or (v) unintentional and Accidental Damage from Handling as a result of normal use (“ADH”) for laptops, tablets, portable DVD/Blu-ray players, portable handheld gaming devices, wearables, audio headsets,
virtual reality headset and printer display screens only; (7) “replacement product” means a NEW, REFURBISHED, OR REMANUFACTURED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY THAT PERFORMS TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL COVERED PRODUCT. Technological advances may result in a replacement product with a lower selling price than the original product.
III. INSTRUCTIONS: This Program, including the terms, conditions, limitations and exclusions, and your enrollment confirmation, containing the commencement date of this Program, constitute the entire agreement between you and us. Please keep this Program and the enrollment confirmation for future reference; you may need them to obtain service. The covered products must be in good working condition prior to your enrollment in this Program and prior to your coverage effective date. You must follow the instructions in the owner’s manual for proper use, care, and maintenance of the covered products. Failure to follow the manufacturer’s maintenance and service guidelines may result in the denial of coverage under this Program. We strongly recommend (but do not require as a condition of this Program) the regular back up of data and software. If applicable, it is important that you back up all data files on your covered products prior to the commencement of service; repairs to your covered products may result in the deletion of such data files.
- WHAT IS COVERED: This Program covers replacement costs or parts and labor costs to repair your covered product in the event it experiences a breakdown that is not covered under any insurance policy, warranty, or other service contract, up to the original purchase price of the product itself. If your covered product experiences a breakdown, we will, at our sole discretion: (1) repair the covered product, (2) replace the covered product with a replacement product, or (3) reimburse you for authorized repairs to the covered product, or (4) reimburse you in the form of a gift card, electronic payment, or check for the replacement cost of the covered product as determined by us, based on the replacement value, age and condition of the covered product, as determined by us, immediately prior to the breakdown. Non-original parts may be used for the repair of the covered product. Please note: if your covered product is still in the manufacturer’s warranty period, service under this Program may result in service denial from the manufacturer’s warranty. The warranty covers manufacturing defects only. Please note that this does not include consumables items such as batteries, bulbs, and ink cartridges. The liability of Cheaper By The Minutee is limited to the cost of repair and/or replacement of the product under warranty. The warranty is invalidated if the defect is caused (howsoever) by misuse, neglect, and tampering or incorrect adjustment. It is invalidated if unauthorized persons carry out any alterations and/or repairs.
- EXCLUSIONS: This Program does not cover the following:
- Consequential, incidental, or indirect damages or losses, including but not limited to: loss of use, loss of business, loss of profits, loss of data, down-time, and charges for time and effort;
- Pre-existing conditions at the time of your enrollment in this Program or breakdowns prior to your coverage effective date under this Program;
- For repair to any product where the serial number has been removed;
- For the repair of a domestic product used in a commercial environment;
- Where any ancillary equipment causes problems or damage that is attached to or used in connection with the product.
- Cosmetic defects, damage to or failures of non-operational components that do not inhibit the proper operation and performance of a covered product, including but not limited to: appearance
- parts, decorative finishing, finish defects, nonfunctional plastic, trim, attachments, and accessories (except as otherwise stated herein);
- Breakdown resulting from: improper installation or setup, use not approved in the manufacturer’s specifications, unauthorized modifications, alterations, repairs or repair personnel;
- Breakdown due to any design flaw or systemic manufacturing defect, or breakdown covered by a manufacturer’s warranty or manufacturer’s recall in effect at the time of the failure;
- Breakdown caused by acts of God or other disaster (whether natural, man-made, local or catastrophic), abuse, acts of war, civil disorders, corrosion, dirt, mold, earthquake, fire, hail, insects or other animals, liquid immersion, malicious mischief, misuse, negligence, nuclear accident, riot, rust, sand, smoke, storm, terrorist attack, vandalism, and wind;
- Costs associated with installation or uninstallation of any covered product;
- Products that are not owned by you, leased and rented products, or products that are not customarily located in your specified residence;
- Breakdown that occurs either while the covered products are in storage or in the course of transit, delivery, or redelivery, other than when products are located at our designated repair location;
- Normal periodic or preventative maintenance, inspections, cleaning, or tune-ups, minor adjustments
- and settings outlined in the owner’s manual that the user can perform, or costs related to any service request which results in customer education or no problem found;
- Covered products whose serial number has been altered or removed;
- Theft or loss of the covered products;
- Liability or damage to property, or injury or death to any person arising out of the operation, maintenance, or use of the products;
- Special needs accessories including, but not limited to: handset boosters and visual ring indicators;
- Parts intended for periodic replacement including, but not limited to: bulbs, external power supplies, styluses, antennas, cartridges, or batteries;
- Covered products located outside the United States;
- Data or software of any kind that is deleted or damaged during a repair or replacement under this Program;
- Support or repairs to software, loss or damage to software due to any cause, including but not limited to: computer virus, worm, Trojan programs, adware, spyware, firmware or any other software program;
- Burned-in images and pixel failure within designed specifications or that do not materially alter the product’s functionality;
- PCs that do not have administrator’s permissions. Covered PCs must be able to upload and download software;
HOW TO MAKE A CLAIM: In the event your covered product experiences a breakdown, at least thirty-one (31) days after the term begins, you may file a claim by going online to www.cheaperbytheminute.com/pages/protection-program twenty-four (24) hours a day, seven (7) days a week or by calling (509) 713-1700. You must file your claim with us prior to having service for coverage to apply; all repairs or replacements must be authorized in advance. Unauthorized repairs or replacements may not be covered. We may require you to fill out a claim facilitation form, and/or provide a copy of your state or federal-issued photo I.D., other than a professional or student license or I.D., prior to receiving service or replacement or reimbursement for the covered product. Any abuse of this Program by you, or discovery by us of fraud or material misrepresentation in the presentation of a claim including but not limited to filing a claim for a product not belonging to you, may result in claim denial and/or cancellation of this Program. The cost to repair or replace the covered product cannot exceed the purchase cost of the product.
VII. FORCE MAJEURE: We are not responsible for any delay or failure in performance of any part of this Program to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, regulatory agency requirement civil or military authority, acts of God, or other similar causes beyond our control.
REPAIR DEPOT SERVICE: If the covered product is eligible for service, it may be shipped or delivered to a designated repair depot for service. Non-original parts may be used for repair of the covered product.
VIII. REPLACEMENT PRODUCTS & REIMBURSEMENTS: If we opt to provide you a replacement product, we reserve the right to take ownership of the original covered product. We will require that you return the original covered product to us for inspection as a condition to receiving a replacement product or reimbursement.
ARBITRATION OR SMALL CLAIMS COURT AGREEMENT: Please read this section carefully. It affects your rights. For the purposes of this Arbitration or Small Claims Court Agreement (referred to as the “A.A”) only, references to “we” and “us” also include (1) the respective parents, subsidiaries, affiliates, agents, employees, successors and assigns of the Obligor and administrator of this Program (as defined above) . Most of your concerns about this Program can be addressed simply by contacting us at (509) 713-1700. In the event we cannot resolve any dispute with you, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF
GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS.
- YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator may not consolidate your dispute with any other person’s dispute and may not preside over any form of representative proceeding. If this specific provision is found to be unenforceable, then the entirety of this A. A. is null and void.
- How to start arbitration.
- Send a written Notice of Claim by certified mail to the Legal Department, 10614 East Sprague, WA 99206.
- Describe the dispute and relief sought in the Notice.
- If the dispute is not resolved within thirty (30) days of receipt of the Notice, you may start an arbitration with the American Arbitration Association (“AAA”). You can contact the AAA and obtain a free copy of their rules and forms at www.adr.org or 1-800-778-7879.
- Arbitration will be conducted by the AAA following the Consumer Arbitration Rules (“Rules”). A court may decide the enforceability of this A.A. The arbitrator will decide all other issues. The arbitrator is bound by this A.A.
- Any hearing will take place in the county or parish of your mailing address unless you and we agree to a different location.
- In most cases we will pay all filing, administration, and arbitrator fees. If the arbitrator finds that your dispute was filed to harass or is frivolous, the Rules govern payment of the fees.
- We will reimburse you for a filing fee paid to the AAA. If you are unable to pay a filing fee, we will pay it if you send us a written request.
- You and we agree not to disclose any settlement offers to the arbitrator before the arbitrator issues a decision.
- If the arbitrator finds in your favor and the damages awarded are greater than the last settlement we offered, we will do the following.
- We will issue an in-store gift card to you for the greater of the damages or 100% of the purchase price.
- We will also pay your reasonable arbitration expenses. You may not recover duplicate awards of fees and expenses.
- We waive any right we have to recover attorney’s fees and expenses from you if we win the arbitration.
- If you seek declaratory or injunctive relief, it can only be awarded as necessary to provide you relief.