DEVICE PROTECTION

SERVICE CONTRACT TERMS AND CONDITIONS

This Service Contract is not a contract of insurance. Unless any replacements provided by Google, manufacturer, or by
otherwise regulated under state law, the contents of this Us, under this Service Contract.
Service Contract should be interpreted and understood
within the meaning of a “service contract” in Public Law Service Contract means this Service Contract, which You
#93-637. have purchased to cover the Product described on the
Declarations Page.
This Service Contract is issued in conformance with these
terms and conditions. The Service Contract includes the Price means the consideration paid for by You for this
Declarations Page, Terms and Conditions, state specific Service Contract.
Addendums and any other applicable Addendums. This COVERAGE TERM:
Service Contract must be made available for
inspection when You require service. If You purchased this Service Contract at the same time
You purchased Your Product, this Service Contract will

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THIS SERVICE CONTRACT IS INCLUSIVE OF THE take effect immediately and will cover Your Product up to
MANUFACTURER’S WARRANTY; IT DOES NOT

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the coverage end date on the Declarations Page or until
REPLACE THE MANUFACTURER’S WARRANTY, BUT

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cancelled by either You or Us.

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PROVIDES CERTAIN ADDITIONAL BENEFITS DURING

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AND BEYOND THE TERM OF THE MANUFACTURER’S If You purchased this Service Contract on a date later than

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WARRANTY. LOSSES COVERED BY THE the purchase of Your Product, this Service Contract will
MANUFACTURER DURING THE MANUFACTURER’S take effect immediately and will cover Your Product up to

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WARRANTY PERIOD ARE NOT COVERED UNDER the coverage end date or until cancelled by either You or
THIS SERVICE CONTRACT.
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term on the Declarations Page for Your coverage specifics.
You/Your means the owner of the Product covered under
this Service Contract.
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Service Contract Provider/We/Us/Our means the entity MECHANICAL AND ELECTRICAL BREAKDOWN – This
that is contractually obligated to You under the terms of this Service Contract provides repair or replacement coverage
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Service Contract. The Service Contract Provider is Federal for Product hardware failures due to normal wear and tear.
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Warranty Service Corporation, P.O. Box 105689, Atlanta, Should We repair Your Product, We will restore its
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GA 30348-5689, 1-877-881-8578 in all states except in hardware and preloaded manufacturer’s software
California where the Service Contract Provider is Sureway, functionality to the manufacturer’s written specifications.
Inc. P.O. Box 105689, Atlanta, GA 30348-5689,
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1-877-881-8578; in Florida where the Service Contract MECHANICAL AND ELECTRICAL BREAKDOWN AND
Provider is United Service Protection, Inc., 11222 Quail ACCIDENTAL DAMAGE – This Service Contract provides
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Roost Drive, Miami, FL 33157, 1-877-881-8578; and in repair or replacement coverage for Product hardware
Oklahoma where the Service Contract Provider is Assurant failures due to normal wear and tear including accidental
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Service Protection, Inc., P.O. Box 105689, Atlanta, GA damage (such as drops, liquid spills, and cracks). Should
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30348-5689, 1-877-881-8578. We repair Your Product, We will restore its hardware and
preloaded manufacturer’s software functionality to the
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Service Contract Administrator means the entity manufacturer’s written specifications.

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responsible for the administration of this Service Contract.

The Service Contract Administrator is The Signal, 676 E. IF YOU NEED SERVICE:
Swedesford Road, Suite 300, Wayne, PA 19087 in all
states, except in Oklahoma where the Service Contract All claims must be reported as soon as reasonably
Administrator is The Signal, L.P. 676 E. Swedesford Road, possible. This Service Contract covers only those
claims reported within ninety (90) days of the date of
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Suite 300, Wayne, PA 19087; and in Wisconsin where the

Service Contract Administrator is Federal Warranty the Product’s failure.
Service Corporation, 676 E. Swedesford Road, Suite 300,
TELEPHONE HARDWARE AND SOFTWARE
Wayne, PA 19087.
SUBSCRIBER ASSISTANCE: To arrange for service,
Service Contract Seller is Google Inc. including its call the toll free number or visit Us at the website
applicable subsidiaries, 1600 Amphitheatre Parkway, indicated on the Declarations Page. A service
Mountain View, CA 94043, USA, the entity that sold the representative will assist You by telephone and/or remote
Service Contract to You. online support to diagnose any technical difficulties that
may exist with Your Product’s hardware or preloaded
Product means Your covered Google communications manufacturer’s software. To the extent that Our telephone
device, including any standard accessories such as the diagnosis confirms a covered hardware failure, We will
device battery, wall charger, car charger, earbuds, and process Your claim and arrange for any applicable service
case included with Your Product purchase at no extra cost of Your Product. Our level of technical service does not
as listed on the Declarations Page, or at Our discretion, support customized or proprietary software, applications

FW1405(GS)-1015 Page 1 of 4 FW1405(GS-DP)-1015

not included by the manufacturer of Your Product at no 3) Return the Product to You after We receive the
additional cost, or software errors that confirm improperly replacement product, cash credit, or settlement.
functioning or defective software. Additionally, this Service The returned replacement product must be in the
Contract does not provide education on how to utilize or same condition that We sent it to You.
perform tasks using any type of software program,
preloaded or other. DELAYS: We will exercise reasonable efforts in providing
service under this Service Contract, but We will not be
SERVICE LOCATION: Repairs will be performed at an liable for any damages arising out of delays; and in no
authorized repair center determined by Us. Service will be event will We be liable for any consequential damages.
available and rendered during the regular working hours
and workweek of the product repair centers. If Your PARTS: Materials furnished as replacements for parts will
Product requires an approved repair more than once within be drawn from Our service contractor’s inventory of new or
a sixty (60) day period, service must be completed by the rebuilt parts and components. These materials will be
original repair center. furnished under provisions of the manufacturer’s warranty
while still in effect and then by Our service contractor
REPLACEMENT OPTION: At Our option, following Our during the remainder of the term of coverage.
telephone diagnosis, We will either:

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1) Replace Your Product with a new, refurbished, or MANUFACTURER’S WARRANTY: During the

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recertified product of like kind and quality if We are manufacturer’s warranty period, the Seller or the

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manufacturer will pay for items covered under its express

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unable to repair Your Product or if the repair cost

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exceeds the current retail replacement value of warranty; and We will pay for other covered items herein,
Your Product. While We will try to accommodate not covered by the manufacturer’s warranty. If You should

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specific replacement preferences such as call for service on an item covered under the
manufacturer’s warranty We will refer Your call to the

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equipment color, cosmetics, or features, this
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request is not guaranteed. The price of the
replacement product shall not exceed the
Seller.

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EXCLUSIONS:
maximum replacement value of the original

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Product less any applicable deductible. If We
replace Your Product, We will ship the
MECHANICAL AND ELECTRICAL BREAKDOWN
excludes: any loss, repair or replacement necessitated
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replacement product to You; or by acts of God; accidental, consequential, incidental
2) Issue a cash credit equal to the value of the or intentional damage; misuse, abuse, neglect, or
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replacement product, not to exceed the maximum services (or damages caused) by non-authorized
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replacement value of the original Product less any repair personnel; pre-existing conditions known to
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applicable deductible. The cash credit, with Your You that occurred prior to the coverage start date;
authorization, will be deposited in Your account rust, corrosion, spilled liquids, insect infestation or
with Google and may be used by You toward the fire; theft or burglary, mysterious disappearance,
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purchase of any eligible replacement product of vandalism, transport, riot, environmental conditions,
Your choice; or sand, dirt, damage from exposure to weather
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3) Provide a settlement equal to the value of the conditions, power reductions or fluctuations; loss or
replacement product, not to exceed the maximum damage to or of antennas, external housing, or
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replacement value of the original Product less any casings that does not affect the mechanical or
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applicable deductible. electrical function of the Product; loss or damage to

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stored data (including contacts, ring tones, and

When You receive either the replacement product, cash games), repairs related to computer viruses, or
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credit, or settlement, the damaged/unrepairable Product software that is added after the original Product
becomes Our property. You are responsible for returning purchase; “no problem found” diagnosis or any
the damaged/unrepairable Product to Us and any defects that are subject to a manufacturer’s warranty;
subsequent shipping costs such as express or expedited claims for any loss caused by the use of the Product
shipping, or any reshipping expenses. in a manner not recommended by the Manufacturer;
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Once We receive the damaged/unrepairable Product, We claims arising from any breach of implied or
will inspect the Product and validate that the reported expressed warranty of merchantability or fitness of the
hardware failure is covered under this Service Contract. Product from the manufacturer.
Should We determine that the failure resulted from an MECHANICAL AND ELECTRICAL BREAKDOWN AND
Exclusion in this Service Contract, We will contact You with ACCIDENTAL DAMAGE excludes: any loss, repair or
Our findings and arrange either to: replacement necessitated by acts of God;
1) Charge to You the difference between the value of consequential, incidental or intentional damage;
the replacement product, cash credit, or misuse, abuse, neglect, or services (or damages
settlement and the current market value of the caused) by non-authorized repair personnel; pre-
damaged/unrepairable Product; or existing conditions known to You that occurred prior
2) Return the Product to You and charge You the to the coverage start date; rust, corrosion, insect
value price of the replacement product, cash infestation or fire; theft or burglary, mysterious
credit, or settlement; or disappearance, vandalism, transport, riot,

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environmental conditions, sand, dirt, damage from cancellation. We will refund the unearned pro-rata Price
exposure to weather conditions, power reductions or less any claims paid, except as otherwise required by law.
fluctuations; loss or damage to or of antennas,
external housing, or casings that does not affect the DEDUCTIBLE (if applicable): You will be assessed a
mechanical or electrical function of the Product; loss non-refundable deductible as shown on the Declarations
or damage to stored data (including contacts, ring Page each time a repair or replacement is completed.
tones, and games), repairs related to computer SHIPPING AND HANDLING FEE (if applicable): You are
viruses, or software that is added after the original responsible for payment of a non-refundable Shipping and
Product purchase; “no problem found” diagnosis or Handling Fee each time a repair or replacement is shipped
any defects that are subject to a manufacturer’s as shown on the Declarations Page.
warranty; claims for any loss caused by the use of the
Product in a manner not recommended by the UNRECOVERED EQUIPMENT FEE (if applicable): If the
Manufacturer; claims arising from any breach of damaged/unrepairable Product is not returned to Us within
implied or expressed warranty of merchantability or fourteen (14) calendar days from the date We ship the
fitness of the Product from the manufacturer. replacement product to You, We will charge to You the
non-refundable Unrecovered Equipment Fee listed on the

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WHAT YOU MUST DO: In order to keep this Service Declarations Page.
Contract in force during the coverage term, You must

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maintain the Product in accordance with the service We reserve the right to collect any Fee due to Us under

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requirements set forth by the manufacturer’s this Service Contract prior to issuing a replacement

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specifications, including cleaning and maintenance. It is product, cash credit, or settlement.

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Your responsibility to protect the Product from further

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damage and comply with the owner’s manual. You must TRANSFER: This Service Contract is transferable.

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notify the Service Contract Administrator in writing if Your
address changes.
PL RENEWAL: For monthly term programs, We reserve the
right to change the provisions of this Service Contract

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INELIGIBLE FOR COVERAGE: This Service Contract (including Price and Deductible) upon giving You at least
thirty (30) days written notice prior to the date of renewal.
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does not provide any service for property held in inventory
or property held as Your stock in trade. Enrollment in this For term programs, We may, at Our option, renew this
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Service Contract is only available for new communications Service Contract; however, We are not obligated to offer
devices under manufacturer’s warranty or, at Our You another Service Contract upon the coverage end date
of this Service Contract or to accept a Service Contract
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discretion, certified reconditioned communications

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devices. renewal, in the event You tender one. If the Service

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Contract is renewed, We reserve the right to change the

CANCELLATION: You may cancel this Service Contract provisions of this Service Contract (including Price and
at any time for any reason by mailing a request for Deductible) upon giving You at least thirty (30) days written
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cancellation or calling the Service Contract Administrator notice prior to the date of renewal.
at the toll free number indicated on the Declarations Page.
ARBITRATION:
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If You cancel this Service Contract within the first thirty (30)
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days of the coverage start date, and the Price has been READ THE FOLLOWING ARBITRATION PROVISION
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paid, and no claims have been paid, the contract is void (“PROVISION”) CAREFULLY. IT LIMITS CERTAIN OF YOUR
and You will receive a full refund. In the event this Service RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR
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Contract is cancelled after thirty (30) days or within the first DAMAGES THROUGH COURT ACTION.
thirty (30) days and You have made a claim, We will refund
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to You the unearned pro rata Price, less any claims paid As used in this Provision, “You” and “Your” mean the
up to the date of cancellation. If this Service Contract was person or persons named in this Service Contract, and all
inadvertently sold to You on a product which was not of his/her heirs, survivors, assigns and representatives.
intended to be covered by this Service Contract, We will “We” and “Us” shall mean the Service Contract Provider
cancel this Service Contract and return the full Price to identified above and shall be deemed to include all of its
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You. If You cancel, We are not responsible to provide You agents.

with written notice of cancellation. Any and all claims, disputes, or controversies of any nature
’We may cancel this Service Contract within the first sixty whatsoever (whether in contract, tort or otherwise,
(60) days for any reason. After sixty (60) days, We may including statutory, common law, fraud (whether by
only cancel this Service Contract for (1) nonpayment of the misrepresentation or by omission) or other intentional tort,
Price; (2) fraud or material misrepresentation; or (3) property, or equitable claims) arising out of, relating to, or
substantial breach of duties by You. If We cancel due to in connection with (1) this Service Contract or any prior
fraud, material misrepresentation or a substantial breach Service Contract, and the purchase thereof; and (2) the
of duties by You, We will provide You with written notice, validity, scope, interpretation, or enforceability of this
with the reason for cancellation, at Your last known mailing Provision or of the entire Service Contract (“Claim”), shall
or email address (depending on Your chosen form of be resolved by binding arbitration before a single arbitrator.
communication) at least thirty (30) days before All arbitrations shall be administered by the American
Arbitration Association (“AAA”) in accordance with its

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Expedited Procedures of the Commercial Arbitration Rules except that in no event shall this Provision be
of the AAA in effect at the time the Claim is filed. The terms amended or construed to permit class arbitration or
of this Provision shall control any inconsistency between arbitration on behalf of any individual other than You.
the AAA’s Rules and this Provision. You may obtain a copy This Provision shall inure to the benefit of and be binding
of the AAA’s Rules by calling (800) 778-7879. Upon written on You and Us and its Provision shall continue in full force
request We will advance You either all or part of the fees and effect subsequent to and notwithstanding the
of the AAA and of the arbitrator. The arbitrator will decide expiration of termination of this Service Contract.
whether You or We will be responsible for these fees. The
arbitrator shall apply relevant substantive law and You agree that any arbitration proceeding will only
applicable statute of limitations and shall provide written, consider Your Claims. Claims by, or on behalf of, other
reasoned findings of fact and conclusions of law. The individuals will not be arbitrated in any proceeding that is
arbitration shall be held at a location selected by Us within considering Your Claims.
the state in which this Service Contract was purchased. You and We Understand and agree that because of this
This Provision is part of a transaction involving interstate PROVISION neither You nor Us will have the right to
commerce and shall be governed by the Federal go to court except as provided above or to have a jury
Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this trial or to participate as any member of a class of

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Provision is deemed invalid or unenforceable, it shall claimants pertaining to any claim.
not invalidate the remaining portions of the Provision,

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