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These Advance Exchange Terms and Conditions (“Terms and Conditions”) are a contract between you and HTC Corporation and its affiliates (“HTC”) and contain important agreement terms and information relating to your purchase of the HTC Advance Exchange Program (the “Advance Exchange Program”), including payment terms, warranty disclaimers and limitations of liability.  Please read these Terms and Conditions carefully before completing your purchase. 

BY PURCHASING THE ADVANCE EXCHANGE PROGRAM, YOU ACCEPT THESE TERMS AND CONDITIONS.  If you do not agree to these Terms and Conditions, do not complete your purchase.

  1. Advance Exchange Program. The Advance Exchange Program is designed to minimize the amount of time you will be without your device when seeking repair services.   
    • Replacement Device.  If you are eligible for the Advance Exchange Program and payment is received in full, the Advance Exchange Program will provide you with a replacement refurbished device (“Replacement Device”) shipped to your designated location.  The Advance Exchange Program is only available to residential addresses in the United States (no commercial addresses or P.O. boxes are eligible; U.S. territories and possessions excluded).  Shipment will be made within one business day of your request, with delivery of the Replacement Device set for the following business day.  HTC is responsible for shipping the Replacement Device and will be liable for any loss or damage to the Replacement Device while in transit to you.  Upon delivery to your designated location, you agree that HTC shall not be liable for any loss or damage to the Replacement Device.  The Replacement Device becomes your property upon delivery to your designated location.
    • Original Device Return.  You agree to ship your original device (“Original Device”) to HTC for repair services within ten (10) calendar days of the shipment date of the Replacement Device, as indicated on the packaging material.  You are solely responsible for shipping the Original Device to HTC, and you agree that HTC shall not be liable for any loss or damage to your device while in transit to HTC.  You agree that your Original Device becomes property of HTC upon receipt.
    • Accessories.  Your Original Device must be returned to HTC without any in-box or out-of-box accessories (i.e. charger, SIM tray).  You are responsible for removing any SIM or storage cards from the Original Device.  If you fail to remove these items or if you send any other accessories with your Original Device, they will become property of HTC and will not be returned.  HTC is not liable for any loss of or damage to such items. 
    • Eligibility.  Only certain devices are eligible for the Advance Exchange Program.  Device eligibility is determined at the sole discretion of HTC. You may purchase the Advance Exchange Program any time within the Limited Warranty Period for your eligible device.  HTC is not able to offer the Advance Exchange Program for any out of warranty devices.  To be eligible for the Advance Exchange Program, you must authorize HTC to charge your U.S. credit card an amount up to the full value of the Replacement Device (see www.htc.com for device values) for fees set forth in these Terms and Conditions. 
  2. Fees and Authorization.  You agree to the fees and payment terms set forth below, and you authorize HTC or its authorized agents to charge the Credit Card (as defined below) or any other payment method that HTC maintains on file for you for such fees. 
    • Payment Terms.  HTC currently accepts U.S. VISA, MasterCard, and Discover credit cards.  By submitting your order, you represent and warrant that you are authorized to use the designated credit card (the “Credit Card”) and authorize us to charge any fees set forth in these Terms and Conditions to the Credit Card.  If the card cannot be verified, is not a U.S. credit card, is invalid or is otherwise not acceptable, your enrollment in the Advance Exchange Program may be suspended or cancelled automatically.
    • Purchase. Your Credit Card will be charged a non-refundable fee of $29 for the purchase of the Advance Exchange Program.  No additional charges will be made to your Credit Card so long as all repairs to your Original Device are covered under warranty.
    • Pre-Authorization.  By purchasing the Advanced Swap Program and agreeing to these Terms and Conditions you authorize HTC to charge your Credit Card in amounts up to the full value of the Replacement Device (see www.htc.com for device values), (the "Pre-Authorization Amount") for any fees owed by you to HTC pursuant to these Terms and Conditions.  You agree that HTC is not required to seek additional authorization or provide you with any advance notice to charge fees owed by you to HTC pursuant to these Terms and Conditions.  The Pre-Authorization will expire upon the earlier of (i) the end of the Coverage Period or (ii) when HTC has confirmed that all fees that you are required to pay HTC pursuant to these Terms and Conditions have been paid. 
    • Full Replacement Value. In the event (i) you fail to ship your Original Device within twenty (20) calendar days of the shipment date of the Replacement Device, (ii) your Original Device is out of the warranty period at the time that it is shipped, or (iii) your Original Device is otherwise ineligible for any type of repair (in warranty or out of warranty), or the full cost of repairs exceeds the value of the Replacement Device, you authorize HTC to charge your Credit Card the full value of the Replacement Device.  
    • Repair Cost.  If your Original Device requires out of warranty repairs, you will be charged automatically for the full cost of such repairs, up to the full value of the Replacement Device. 
    • Late Return.  In the event you fail to ship your Original Device back to HTC within ten (10) calendar days of the shipment date of the Replacement Device, but ship the Original Device back to HTC within twenty (20) calendar days of the shipment date of the Replacement Device, you authorize HTC to charge your Credit Card automatically a late fee of $250.   If you ship your Original Device to HTC more than twenty (20) calendar days after the shipment date of the Replacement Device, HTC will return it to you in its current state, without repair or diagnosis.
    • Taxes.  All fees described herein exclude applicable taxes.  You authorize HTC to charge your Credit Card for applicable taxes related to the fees set forth in these Terms and Conditions.  In no event shall the fees charged to you exceed the cost of purchase of the Advance Exchange Program plus the cost of the full value of the Replacement Device. 
    • Personal and Confidential Information.  HTC does not have any obligation to ensure that any personal or other confidential information left on your Original Device is kept confidential.  You are responsible for backing up and deleting all such information on your Original Device before sending it to HTC, and assume all risk in failing to do so.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HTC NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY LOSS OR INJURY IN CONNECTION WITH INFORMATION STORED ON YOUR ORIGINAL DEVICE OR TO WHICH YOUR ORIGINAL DEVICE MAY GAIN ACCESS, INCLUDING UNAUTHORIZED DISCLOSURE OR MISUSE OF SUCH INFORMATION.  HTC reserves the right to delete all information left on devices in HTC’s possession without liability to you.
    • Shipping Damage.  After you receive your Replacement Device, check immediately for any damage that may have occurred during the shipping process.  To make a claim for shipping damage, you must preserve all shipping materials and documents and contact HTC customer support within 24 hours or by the end of the next business day following your receipt of the Replacement Device, whichever comes later.
    • Limited Service Warranty; Disclaimers.  HTC warrants that the Replacement Device will be free from defects for the remaining duration of the warranty on your Original Device, or for ninety (90) calendar days from the date of shipment, whichever expires later.  The foregoing states the entire warranty given to you by HTC for purchase of the Advance Exchange Program option.  HTC DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The duration of any warranty that HTC cannot disclaim is limited to ninety (90) calendar days from the date of receipt of Replacement Device.  These Terms and Conditions give you specific legal rights, and you may have other rights that vary from state to state.
    • Limitation of Liability.  HTC’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THESE TERMS AND CONDITIONS (INCLUDING RELATING TO ANY INFORMATION STORED ON OR ACCESSIBLE THROUGH DEVICES) SHALL NOT EXCEED THE PRICE PAID TO PURCHASE THE ADVANCE EXCHANGE PROGRAM.  IN NO EVENT SHALL HTC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND DAMAGES ARISING FROM LOSS OF USE AND LOSS OR MISUSE OF INFORMATION STORED ON OR ACCESSIBLE THROUGH THE DEVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL HTC BE LIABLE FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
    • Applicable Law and Venue.  These Terms and Conditions shall be governed by the laws of the State of Washington, without reference to choice of law principles to the contrary.  You agree that any action arising from the servicing of your device shall be filed only in the state and federal courts in King County, Washington, and you hereby unconditionally consent to the exclusive jurisdiction of such courts over any action in connection with these Terms and Conditions.
    • Entire Agreement; Severability.  These Terms and Conditions set forth the entire agreement and supersede all prior agreements, representations or understandings regarding the subject matter hereof.  HTC reserves the right to amend these Terms and Conditions from time to time, provided that any amendments will not apply to the Terms and Conditions to which you have already agreed with respect to a particular Advance Exchange Program purchase.  If any provision of these Terms and Conditions is found to be unenforceable, then the unenforceable provision shall not affect the enforceability of the remaining provisions.