Use Discount

Power Protect

How Consumer Rights Affect this Plan

THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY POWERBOARD® OF ANY OF ITS CONTRACTUAL OBLIGATIONS.

1. The Plan.

This contract (the “Plan”) governs the hardware service and technical support provided to you by Powerboard® under the above-mentioned plans.

2. When Coverage Begins and Ends

Coverage begins when you purchase the Plan (the original purchase date of the Covered Equipment). The “Plan Term” means the date your Plan begins as per the preceding sentence and, unless cancelled, ends on the date specified in your Plan Confirmation. Your Plan Confirmation will be provided to you at or around the time of purchase or sent to you automatically thereafter.

3. What is Covered?

3.1 Hardware Service

If during the Plan Term, you submit a valid claim by notifying Powerboard® that (i) a defect in materials and workmanship has arisen in the Covered Equipment, or (ii) the capacity of the Covered Equipment’s battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Powerboard® will either

(a) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or

(b) exchange the Covered Equipment, with a replacement product that is new or equivalent to new in performance and reliability.

All replacement products provided under this Plan will at a minimum be functionally equivalent to the original product. If Powerboard® exchanges the Covered Equipment, the original product becomes Powerboard’s® property and the replacement product is your property, with coverage effective for the remaining period of the Plan.

3.2 Accidental Damage from Handling

If during the Plan Term you submit a valid claim notifying Powerboard® that the Covered Device has failed due to accidental damage from handling (“ADH”), Powerboard® will, subject to the service fee described below, either

(i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or

(ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability (both individually known as a “Service Event”).

ADH coverage will expire and all of Powerboard’s® obligations to you under this section 3.2 will be fulfilled in their entirety before the end of the Plan Term when Powerboard®, as a result of ADH claims, has provided to you two (2) Service Events. ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. drops and damage caused by liquid contact other than as a result of defect in material or workmanship) that arises from your normal daily usage of the Covered Device as intended for such Covered Device.

ADH coverage does not include

(a) protection against normal wear and tear, theft, misplacement, damages caused by reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Device,

(b) protection against any other act or result not covered by the Plan, as described in Section 4.2 below, or

(c) any damage to the Covered Device that arises from one or more conditions described in Section 3.2(a) or (b).

Powerboard® may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. You are responsible for the shipping fee to the Powerboard® designated repair facility. There is no per incident fee.

3.3 Technical Support

During the Plan Term, Powerboard® will provide you with access to telephone based technical support resources. Technical support may include assistance troubleshooting and determining when hardware service is required or ADH coverage may be applicable.

3.4 Scope of Technical Support
Under the Plan, Powerboard® will provide technical support for the Covered Equipment only.

4. What is not Covered?

4.1 Hardware Service and ADH Coverage Area. Powerboard® may restrict hardware service and ADH coverage to the country where the Covered Device was originally purchased.

4.2 Hardware Coverage and ADH Coverage.

(i) The Plan does not apply to return or cover any damage caused by shipping of the Covered Device.

(ii) The Plan does not apply to damage caused by (a) a product that is not the Covered Device, (b) abuse, misuse, fire, earthquake or other external causes except as described in section 3.2 above, (c) operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or (d) service performed by anyone who is not a representative of Powerboard®.

(iii) The Plan does not apply to a product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.

(iv) The Plan does not apply to Covered Equipment that has been lost or stolen. This Plan only applies to Covered Equipment returned to Powerboard® in its entirety.

(v) The Plan does not apply to cosmetic damage to the Covered Equipment, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Equipment.

(vi) The Plan does not apply to preventative maintenance on the Covered Equipment.

(vii) The Plan does not apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product, and

(viii) The Plan only applies when purchased along with a device, and only covers the device it was purchased with.

(ix) The Plan does not cover injury or damage caused during the use or misuse of Covered Equipment

Important: Do not open the Covered Equipment, as damage caused as a result of opening the equipment is not covered by this Plan. Only Powerboard® should perform service on the Covered Equipment.

4.3 Technical Support.

(i) The Plan does not include Technical Support for third-party products or their effects on or interactions with the Covered Equipment.

5. How to Obtain Service and Support?

You may obtain hardware services, which include those relating to ADH coverage and technical support, by accessing the Powerboard® website (www.ThePowerboard.com or calling the telephone number listed in your user manual. If you call, you must provide Powerboard® the Covered Equipment serial number. You need to keep your original sales receipt for your Covered Equipment and your Plan, as they will be required if there is any question as to your Covered Equipment’s eligibility for coverage.

6. Service Options.

6.1 Powerboard® will provide hardware services to you through Mail-in service. If Powerboard ®determines that your Covered Equipment is eligible for mail-in service, Powerboard will send you a return merchandise authorization (RMA) and you must ship the Covered Equipment to an ARS site in accordance with Powerboard’s® instructions. Once service is complete, the ARS site will return the Covered Equipment to you. Powerboard® will pay for shipping to your location if you follow all instructions.

7. Your Responsibilities

To receive service or support under the Plan, you agree to comply with each of the terms listed below.

(i) You will provide your copy of your Plan’s original proof of purchase, if requested.

(ii) You will provide information about the symptoms and causes of the issues with the Covered Equipment.

(iii) You will respond to requests for information, including but not limited to the Covered Equipment serial number and actions which were taken before the Covered Equipment experienced the issue and the steps taken to resolve the issue.

(iv) You will follow instructions Powerboard® gives you, including but not limited to refraining from sending Powerboard products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERBOARD® AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM POWERBOARD’S® OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF POWERBOARD® AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN.

FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, POWERBOARD’S® LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Cancellation

You may cancel this Plan at any time for any reason. If you decide to cancel this Plan, you may call Powerboard® at the telephone number listed in your owner’s manual. You must send a copy of the Plan’s original proof of purchase with your notice. Unless local law provides otherwise, cancellation refunds will be provided as follows:

i) if you cancel within thirty (30) days of your Plan’s purchase you will receive a full refund less the value of any service provided under the Plan.

ii) If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less (a) a cancellation fee of twenty-five ($25) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan.

Unless applicable local law provides otherwise, Powerboard® may cancel this Plan for fraud or material misrepresentation. Unless applicable local law provides otherwise, Powerboard® may also cancel this Plan if service parts for the Covered Equipment are not available, upon thirty (30) days prior written notice. If Powerboard cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.

9.2 Effect of Cancellation

Upon the effective date of your early cancellation, Powerboard’s® future obligations under this Plan to you are fully extinguished.

10. Transfer of Plan

This Plan is non-transferrable.

11. General Terms

(i) Powerboard® may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.

(ii) Powerboard® is not responsible for any failures or delays in performing under the Plan that are due to events outside Powerboard’s® reasonable control.

(iii) You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.

(iv) This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia and all provinces and territories of Canada. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all states of the United States and in all provinces and territories of Canada, and is not available where prohibited by law.

(v) In carrying out its obligations Powerboard® may, at its discretion and solely for the purposes of monitoring the quality of Powerboard’s® response, record part or all of the calls between you and Powerboard®.

(vi) You agree that any information or data disclosed to Powerboard® under this Plan is not confidential or proprietary to you. Furthermore, you agree that Powerboard® may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the Powerboard® Customer Privacy Policy.

(vii) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Powerboard’s® entire understanding with respect to the Plan.

(x) Powerboard® is not obligated to renew this Plan. If Powerboard® does offer to renew this Plan, it will determine the price and terms.

(xi) There is no informal dispute settlement process available under this Plan.

(xii) Except where prohibited by law, the laws of the State of Arizona govern Plans purchased in the United States. The laws of the province of Ontario govern Plans purchased in Canada except where prohibited by law. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, including the laws of California, Florida, Georgia, Nevada, Oregon, Vermont, Washington, Wisconsin and Wyoming, then the laws of that jurisdiction will control.

(xiii) Support services under this Plan may be available in English only.

12. Country, Province and State Variations

One or more of the terms that appear below may apply to the Plan. The terms below may vary from one or more of the terms that appear above this section. The following country, province or state variations will control if inconsistent with any other provisions of this Plan:

12.1 Canada

This plan is not available in Canada.
12.2 United States

Alabama, Arkansas, California, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, Nevada, New York, South Carolina, Texas, Washington and Wyoming Residents. If you purchased the Plan in one of these states, this term applies to the Plan.

If you cancel this Plan pursuant to these terms and conditions, and Powerboard® fails to refund the purchase price to you within the time period specified below Powerboard® will pay you a penalty of 10% per month for the unpaid amount due and owing. For California, New York, Missouri and Washington residents Powerboard® will provide a refund within 30 days. For Alabama, Arkansas, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, South Carolina, Texas and Wyoming residents, Powerboard® will provide a refund within 45 days. For New Mexico residents, Powerboard® will provide a refund within 60 days. The right to cancel and receive this penalty payment only applies to the original owner of the Agreement and may not be transferred or assigned. The obligations of the provider under this service contract are backed by the full faith and credit of the provider, Powerboard LLC.

California Residents. If you purchased the Plan in this state, this term applies to the Plan.

If you cancel this Plan within thirty (30) days of your Plan receipt, you will receive a full refund less the value of any service provided under the Plan.

Colorado Residents. If you purchased the Plan in this state, this term applies to the Plan.

Notice: This Plan is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.

Connecticut Residents. If you purchased the Plan in this state, this term applies to the Plan.

The expiration date of the Plan will automatically be extended by the period that the Covered Equipment is in Powerboard’s® custody while it is being serviced. Resolution of Disputes: Disputes may be resolved by arbitration. Unresolved disputes or complaints may be mailed, with a copy of this Plan, to State of Connecticut, Insurance Dept., P.O. Box 816, Hartford, CT 06142-0846, Attn: Consumer Affairs.

Florida Residents. If you purchased the Plan in this state, this term applies to the Plan.

The laws of the State of Florida will govern this Plan and any dispute arising under it. The rate that is charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. No cancellation fee will be imposed in the event of a cancellation.

Michigan Residents. If you purchased the Plan in this state, this term applies to the Plan.

If performance of the service contract is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.

Nevada Residents. If you purchased the Plan in this state, this term applies to the Plan.

Cancellations: No Plan that has been in effect for at least 70 days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds:

a. Failure by the holder to pay an amount due;

b. Conviction of the holder of a crime, which results in an increase in the service required;

c. Discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder;

d. Discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan.

e. A material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.

Grounds for cancellation; date cancellation effective. No cancellation of a service contract may become effective until at least 15 days after the notice of cancellation is mailed to the holder.

If you have not made a claim and you return this contract to us, either within 20 days of the date that we mailed the contract to you or within 10 days of the date of purchase if you were given a copy of this contract when you purchased it, then this contract shall be void and we will refund to you the purchase price of the contract.

Cancellation of contract; refund of purchase price; cancellation fee.

(i) If Powerboard® cancels this Plan, Powerboard® shall refund to Nevada consumers the portion of the purchase price that is unearned. Powerboard® may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount of the refund. If Powerboard® cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.

(ii) Except as otherwise provided in this section, a Nevada resident who is the original purchaser of this Plan, who submits to Powerboard® a request in writing to cancel the Plan in accordance with the terms of the Plan, shall receive a refund of the portion of the Plan’s purchase price that is unearned and Powerboard® will not deduct the value of any service provided.

(iii) If you request the cancellation of this Plan after the first thirty (30) days of the Plan term, Powerboard® may impose the cancellation fee described in the Plan, but will not deduct the value of any service provided.

(iv) When Powerboard® calculates the amount of a refund pursuant to subsection (ii), it may deduct from the portion of the purchase price that is unearned (a) any outstanding balance on the account and (b) any cancellation fee imposed pursuant to this Plan. Powerboard LLC backs this Plan for Nevada residents by its full faith and credit.

No prior approval for services or goods covered under the Plan is necessary.

Tax is not applicable in the State of Nevada on the service fee for ADH claims.

New Hampshire Residents. If you purchased the Plan in this state, this term applies to the Plan.

In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department, by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416.

New Mexico Residents. If you purchased the Plan in this state, this term applies to the Plan.

Cancellations: No Plan that has been in effect for at least 70 days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds:

a. Failure by the holder to pay an amount due;

b. Conviction of the holder of a crime, which results in an increase in the service required;

c. Discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder;

d. Discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or

e. A material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.

North Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan.

The purchase of this Plan is not required either to purchase or to obtain financing for the Covered Equipment. Powerboard LLC. will not cancel this plan EXCEPT for failure to pay the purchase price for the Plan.

Ohio Residents. If you purchased the Plan in this state, this term applies to the Plan.

Although this service contract is not an insurance policy, the obligations for claims hereunder for Plans sold in Ohio are insured by Illinois National Insurance Co., with an address of 180 Maiden Lane 25th Floor, New York, NY 10038 (Phone Number: 1-800-250-3819). With any correspondence, please provide your phone number and case number, if applicable. You are entitled to make a direct claim against the insurance company if Powerboard® fails to provide service pursuant to a claim sixty (60) days after Powerboard’s® receipt of your claim.

Oregon Residents. If you purchased the Plan in this state, this term applies to the Plan.

In the event you do not receive satisfaction under this contract, you may contact the Oregon Department of Consumer and Business Services by mail at the Department of Consumer and Business Services, Oregon Insurance Division, 350 Winter Street NE, Salem, OR 97301; or by telephone via Consumer Advocacy, at 888-877-4894.

South Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan.

You may address any unresolved complaints or Plan regulation questions to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel: 1-800-768-3467.

Tennessee Residents. If you purchased the Plan in this state, this term applies to the Plan.

The Plan Term of this Plan shall be extended the number of days you are deprived of the use of the product because the product is in repair plus two (2) additional workdays.

Texas Residents. If you purchased the Plan in this state, this term applies to the Plan.

The provider may cancel this Plan with no prior notice for non-payment, misrepresentation or a substantial breach of a duty by the holder relating to the Covered Equipment or its use. You may address any unresolved complaints or contract regulation question to the TX Dept. of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.

Wisconsin Residents. If you purchased the Plan in this state, this term applies to the Plan.

THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

If you cancel this Plan within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel this Plan more than thirty (30) days after your receipt of the Plan, you will receive a pro-rata refund of the original purchase price, based on the percentage of the unexpired Plan Term, less a cancellation fee of twenty-five ($25 USD) dollars or ten percent (10%) of the pro-rata amount, whichever is less. No deduction shall be made from the refund for the cost of any service received. Powerboard® will not cancel this Plan EXCEPT for failure to pay the purchase price for the Plan. If Powerboard® cancels the Plan, you will be paid a pro-rata refund for the Plan’s unexpired term.

Wyoming Residents. If you purchased the Plan in this state, this term applies to the Plan.

If Powerboard® cancels this Plan, Powerboard® will mail to you written notice of the cancellation at your last known address contained in Powerboard’s® records. Powerboard® will mail this written notice to you no less than ten (10) days prior to the date when the cancellation will take effect. This written notice to you will contain the date when the cancellation will take effect and the reasons for the cancellation. Powerboard® is not obligated to provide prior notice if cancellation is due to nonpayment of the Plan, a material misrepresentation by you to Powerboard®, a substantial breach of your duties under the Plan or a substantial breach of your duties relating to the Covered Equipment or its use.

Disputes that arise under this Plan may be settled in accordance with the Wyoming Arbitration Act.