PLEASE READ THIS EXPANDED LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. the terms and conditions of htc’s limited warranty are set forth separately. the additional benefit described BELOW IS AVAILABLE under THE following TERMS AND CONDITIONS and is OFFERED AT NO ADDITIONAL COST TO YOU.
The following definitions apply to this Expanded Limited Warranty:
WHAT IS COVERED BY THIS EXPANDED LIMITED WARRANTY?
During the Expanded Warranty Period HTC will, at no charge to You, provide one repair or replacement of a cracked, scratched, or broken screen of the Eligible Product caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. drops) that arises from your normal daily usage of the Eligible Product as intended for such Eligible Product (“Expanded Limited Warranty”).
This Expanded Limited Warranty is given only to You, and may not be sold, assigned, transferred, or given in full or in part to any subsequent purchaser or acquirer of the Product or any other person. This Expanded Limited Warranty gives You specific legal rights, and You may also have other rights which vary from State to State.
WHAT IS NOT COVERED BY THIS EXPANDED LIMITED WARRANTY?
This Expanded Limited Warranty does not apply other than to the Eligible Product. It therefore does not apply to any non-HTC equipment or any software whatsoever, whether developed by HTC or a third party, even if packaged with or installed on the Eligible Product prior to purchase by You. Third party manufacturers, suppliers, or publishers may provide warranties for their own products and You may contact them directly for service.
EVEN WITH RESPECT TO THE ELIGIBLE PRODUCT THAT YOU PURCHASED, THIS EXPANDED LIMITED WARRANTY SHALL NOT APPLY:
This Expanded Limited Warranty is valid and enforceable only in the United States where the Eligible Product is intended to be sold. Moreover, if the Eligible Product is returned to be repaired under this Expanded Limited Warranty in a country other than the United States, HTC will return the Eligible Product unrepaired.
DISCLAIMER AND LIMITATION OF OTHER WARRANTIES AND RIGHTS
TO THE EXTENT PERMITTED BY LAW, THIS EXPANDED LIMITED WARRANTY, THE LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED.
HTC DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW.
INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, HTC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPANDED LIMITED WARRANTY AND, AT HTC’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a cracked, scratched or broken screen of the Eligible Product, You should take the following actions:
Upon completion of these steps, HTC will provide You with instructions regarding how and when the Eligible Product should be returned. You may be responsible for costs in connection with the return of the Eligible Product to HTC.
If You return the Eligible Product during the Expanded Warranty Period and it satisfies the terms of this Expanded Limited Warranty, HTC or its authorized agent will, at its sole discretion, repair or replace it. Repair or replacement may involve the use of a functionally equivalent reconditioned product and/or parts. HTC will return the repaired or replacement product to You in good working condition. Any Eligible Product, parts or components thereof that are replaced under the terms of this Expanded Limited Warranty become the property of HTC.
Before returning any unit for service, be sure to back up data and remove any confidential, proprietary, or personal information, and/or removable memory from the Eligible Product, such as micro SD cards. HTC is not responsible for damage to or loss of any programs, data, images, personal information, or removable storage media. DURING THE NORMAL REPAIR PROCESS, THE CONTENTS OF THE PRODUCT WILL LIKELY BE ERASED, INCLUDING DATA STORED ON EITHER INSTALLED OR REMOVABLE STORAGE. At HTC’s sole discretion, the Eligible Product may be returned to You in either the original configuration or as updated to the newest available software.
HTC must be notified of the cracked, scratched or broken screen of the Eligible Product during the applicable Expanded Warranty Period in order for You to be eligible for any remedy under the Expanded Limited Warranty. Do not ship Your Eligible Product directly to HTC unless You are asked to do so when following the steps above. If You need to return the Eligible Product for screen repair service, the steps above must be followed.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS EXPANDED LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, OR LOSS OF CONFIDENTIALITY. NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, HTC AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EXPANDED LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE ELIGIBLE PRODUCT. THESE EXCLUSIONS APPLY EVEN IF HTC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
AGREEMENT TO ARBITRATE DISPUTES
ALL DISPUTES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION, USE OR PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.
If You intend to seek arbitration under the preceding paragraph, You must first notify HTC of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to HTC should be sent to HTC Arbitration Program Administrator, 13920 SE Eastgate Way, Suite 200, Bellevue, WA 98005. Similarly, if HTC intends to seek arbitration under the preceding paragraph, HTC must first notify You of the dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the claim and the relief being sought. If You and HTC are unable to resolve the dispute within 30 days, either You or HTC may then file an arbitration claim. HTC will pay any filing fee charged to initiate the arbitration as well as any administrative and arbitrator fees charged later by the arbitral body, unless Your claim is found to be frivolous.
The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief that a United States District Court could order under the Limited Warranty. The arbitration shall be according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. The arbitration shall be held in the county in which You are billed for Your wireless service.
For any arbitration in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are $5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees as part of any award, but may not grant HTC its attorney’s fees, expert witness fees, or costs unless the arbitrator finds that You brought the claim in bad faith or that Your claim is frivolous under applicable legal standards. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. In a case where Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are greater than $5,000, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees, expert witness fees, and costs, insofar as it is permitted by governing law.
This agreement to arbitrate is subject to the following additional conditions: