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HTC EXPANDED LIMITED WARRANTY

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.

DEFINITIONS
The following definitions apply to this Expanded Limited Warranty:

  1. “Eligible Product” means a new HTC One mobile device manufactured by or for HTC; purchased on or after February 18, 2014 from an authorized retailer; and that can be identified by the “HTC” trademark, trade name, or logo affixed to the mobile device as originally supplied with the one of the following SKUs: 99HTT223-00, 99HVC039-00, 99HVV009-00, 99HVV009-00, 99HVV002-00, 99HTT239-00, 99HTT282-00, 99HTT272-00, 99HTT271-00, 99HTT040-00, 99HTT004-00, 99HVC272-00, 99HVC271-00, 99HVC005-00, 99HVC004-00, 99HTT008-00, 99HVV008-00, 99HVV002-00, 99HUB010-00, 99HUB008-00, 99HUB004-00, 99HUB001-00, 99HTT008-00, 99HVV002-00, 99HVR024-00, 99HWN004-00, 99HWK001-00, 99HWN003-00, 99HWL001-00, 99HWK001-00, 99HTT223-01, 99HVC039-01, 99HVV009-01, 99HVV002-01, 99HTT239-01, 99HTT282-01, 99HTT272-01, 99HTT271-01, 99HTT040-01, 99HTT004-01, 99HVC272-01, 99HVC271-01, 99HVC005-01, 99HVC004-01, 99HTT008-01, 99HVV008-01, 99HUB010-01, 99HUB008-01, 99HUB004-01, 99HUB001-01, 99HTT004-01, 99HTT008-01, 99HVR024-01, 99HWN004-01, 99HWK001-01, 99HWN003-01, 99HWL001-01, 99HWK001-01. In addition, the product must be mechanically and electrically sound, i.e. it must power on, in order to be an Eligible Product.
  2. “Expanded Warranty Period,” for an Eligible Product, means six (6) months from the date You purchased the Eligible Product from an authorized retailer; unless You and HTC agree in writing to a different duration.
  3. “You” or “Your” means the original retail purchaser and/or original end-user of the Eligible Product.
  4. “State” means a State and the District of Columbia (any other United States territory or possession is excluded).

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:

  1. if the Eligible Product serial number or the IMEI/MEID number has been removed, erased, defaced, or altered, or is illegible;
  2. if the battery of the Eligible Product was improperly installed by You or another person or if the seals of the battery enclosure or the cells of the Eligible Product are broken or show evidence of tampering, or if the battery of the Eligible Product has been used in equipment other than that for which it has been specified;
  3. if the Eligible Product has suffered unauthorized modifications or connections, unauthorized opening, repair by use of unauthorized spare parts, or repair by an unauthorized person or location;
  4. if the screen of the Eligible Product was damaged by use not in accordance with the user manual, rough handling beyond normal use, exposure to moisture, dampness or extreme thermal or environmental conditions, or a rapid change in such conditions, corrosion or oxidation.

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:

  1. Refer to the resources available at www.htc.com/support in order to contact an HTC service center. Only HTC or an HTC authorized service center should perform service on the Eligible Product.
  2. When You contact HTC, please be sure to have the following information available:
    1. The model, serial number, and IMEI/ESN number of the Eligible Product.
    2. Your full address and contact information.
    3. A copy of the original invoice, receipt or bill of sale for the purchase of the Eligible Product. You must present a valid proof of purchase upon making any claims pursuant to this Expanded Limited Warranty.

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:

  1. Decisions Concerning Arbitrability or Enforceability:  Notwithstanding the AAA Rules, any decisions concerning arbitrability of a particular dispute, including but not limited to whether a class arbitration is permitted by this Limited Warranty, shall be resolved by a proper court, rather than an arbitrator.  Any dispute concerning the enforceability of this agreement to arbitrate, or any part thereof, shall also be resolved by a proper court, rather than an arbitrator.
  1. Waiver of Class Arbitration: NO DISPUTE WITHIN THE SCOPE OF THE DISPUTE RESOLUTION CLAUSE MAY BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM.  NO CLASS OR COLLECTIVE ARBITRATION IS PERMITTED, EVEN IF THE AAA RULES OR OTHER RULES GOVERNING THE ARBITRATION WOULD OTHERWISE PERMIT IT.  THE ARBITRATOR IS AUTHORIZED TO AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT PERMITTED TO RESOLVE THAT INDIVIDUAL’S CLAIM, SUBJECT TO THE RESTRICTIONS IN THIS LIMITED WARRANTY. 
  1. Applicability of Agreement to Arbitrate:  IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
  1. RIGHT TO OPT OUT: This agreement to arbitrate disputes will apply unless You notify HTC in writing no later than 30 calendar days of purchasing the Product or Accessory that You reject the agreement to arbitrate.  You must include in Your notice of opt-out (a) Your name and address; (b) the date on which You purchased the Product or Accessory; (c) the Product model name; and (d) the IMEI or MEID or Serial Number of the Product or Accessory.  These numbers can be found on the Product packaging and on the Product or Accessory.  You must send Your written notice to HTC Arbitration Program Administrator, 13920 SE Eastgate Way, Suite 200, Bellevue, WA 98005.  No other form of notice will be effective to opt out of this agreement to arbitrate.  If You opt out of the agreement to arbitrate, the Limited Warranty will still apply to You.

GENERAL PROVISIONS

  1. Waiver of Jury Trial:  IF A DISPUTE BETWEEN YOU AND HTC PROCEEDS IN COURT RATHER THAN OR IN ADDITION TO IN ARBITRATION, YOU AND HTC UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY.
  1. Governing Law:  The Federal Arbitration Act (the “FAA”) applies to the agreement to arbitrate.  Except as preempted by FAA, the law of the State of Washington, without reference to its choice of law principles, shall govern this Limited Warranty.  Notwitstanding the foregoing, the laws of Your state of residence will apply to any tort claims and/or any claims under any consumer protection statutes. 
  1. Severability:  Except as specifically provided above, if any provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.