Common use of Nevada Customers Clause in Contracts

Nevada Customers. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada. All references to “Georgia” in this Agreement, with regard to the governance, construction, and enforcement of this Agreement, are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers to a “non-refundable Enrollment Fee”, any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, if you paid an Enrollment Fee or Activation Fee, or another fee of a similar nature, pursuant to this Agreement, then such a fee is hereby considered a part of the Service Fee and is deemed to be refundable in the same manner as the Service Fee, pursuant to the provisions of this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least seventy (70) days, Brightstar may not cancel this Agreement unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar discovers (A) fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement or (iv) a material change in the nature or extent of the required service occurs after the effective date of this Agreement which causes the required service to be substantially and materially increased beyond that contemplated at the time that this Agreement was sold to the Subscriber. If this Agreement is terminated prior to its expiration, either by Subscriber or by Brightstar, no deductions for Claims fulfilled will be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least fifteen (15) days written notice to the Subscriber. For Nevada customers, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized or non- manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000.

Appears in 2 contracts

Samples: Phone Protection Plan Agreement, Phone Protection Plan Agreement

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Nevada Customers. This You may cancel this Agreement shall be governed by, and construed and enforced in accordance with, at any time by following the laws of the State of Nevada. All references to “Georgia” procedures for cancellation set forth in this Agreement, with regard to the governance, construction, . If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and enforcement of you have not made a claim under this Agreement, you are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers entitled to a “non-refundable Enrollment Fee”, full refund of the Total Price. If you cancel this Agreement any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, time after twenty (20) days after your receipt of this Agreement or if you paid an Enrollment Fee or Activation Fee, or another fee of cancel this Agreement and have made a similar nature, pursuant to claim at any time under this Agreement, then such you are entitled to a fee is hereby considered a part refund of the Service Fee and is deemed to be refundable in unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the same manner as the Service Fee, pursuant to the provisions of Total Price. We may cancel this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least any reason within seventy (70) days, Brightstar days after your receipt of this Agreement. We may not cancel this Agreement unlessthereafter only if: (i) the Subscriber fails • You fail to pay an amount when due, (ii) the Subscriber is ; • You are convicted of a crime which that results in an increase in the additional service required under this Agreement (iii) Brightstar discovers (A) Agreement; • It is discovered that you committed fraud by the Subscriber or made a material misrepresentation by the Subscriber in obtaining this Agreement or submitting a claim; • It is discovered that you engaged in filing an act or omission, or violated a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement Agreement, after the effective date of this Agreement which substantially and materially increases the service required due under this Agreement Agreement; or (iv) a • A material change in occurs to the nature or extent scope of the required service occurs after the effective date of this Agreement which that causes the required service it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If we cancel this Agreement as provided above, we will send you written notice at the time that this Agreement was sold to address indicated in our records. The notice will include the Subscriber. If this Agreement is terminated prior to its expirationeffective date of the cancellation, either by Subscriber or by Brightstar, no deductions for Claims fulfilled which will not be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least less than fifteen (15) days written after the date we send you the notice of cancellation. In addition, you will be entitled to a refund of the Subscriberunearned premium calculated on a pro rata basis. For Nevada customersIf we fail to deliver to you within forty- five (45) days any unearned premium to which you are entitled as provided above, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (m), 30) days such refund is hereby replaced delayed beyond the 45-day period. You are not required to pay a deductible to receive the service. The service covers only the types of defects expressly identified in the entirety as follows: “any unauthorized or non- manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is Any other defects in the hardware existing prior to the date of this Agreement are not mandatory for Nevada customerscovered by the service. If Repairs initiated or completed without Dell’s prior approval will not be covered under this service contract. The obligations of Dell under this Agreement are backed by the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use full faith and credit of the toll-free number of the Division, (000) 000-0000Dell.

Appears in 2 contracts

Samples: Consumer Hardware Service Agreement, In Home Printer Service Agreement

Nevada Customers. This You may cancel this Agreement shall be governed by, and construed and enforced in accordance with, at any time by following the laws of the State of Nevada. All references to “Georgia” procedures for cancellation set forth in this Agreement, with regard to the governance, construction, . If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and enforcement of you have not made a claim under this Agreement, you are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers entitled to a “non-refundable Enrollment Fee”, full refund of the Total Price. If you cancel this Agreement any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, time after twenty (20) days after your receipt of this Agreement or if you paid an Enrollment Fee or Activation Fee, or another fee of cancel this Agreement and have made a similar nature, pursuant to claim at any time under this Agreement, then such you are entitled to a fee is hereby considered a part refund of the Service Fee and is deemed to be refundable in unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the same manner as the Service Fee, pursuant to the provisions of Total Price. We may cancel this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least any reason within seventy (70) days, Brightstar days after your receipt of this Agreement. We may not cancel this Agreement unlessthereafter only if: (i) the Subscriber fails o You fail to pay an amount when due, (ii) the Subscriber is ; o You are convicted of a crime which that results in an increase in the additional service required under this Agreement (iii) Brightstar discovers (A) Agreement; o It is discovered that you committed fraud by the Subscriber or made a material misrepresentation by the Subscriber in obtaining this Agreement or submitting a claim; o It is discovered that you engaged in filing an act or omission, or violated a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement Agreement, after the effective date of this Agreement which substantially and materially increases the service required due under this Agreement Agreement; or (iv) a o A material change in occurs to the nature or extent scope of the required service occurs after the effective date of this Agreement which that causes the required service it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. o If we cancel this Agreement as provided above, we will send you written notice at the time that this Agreement was sold to address indicated in our records. The notice will include the Subscriber. If this Agreement is terminated prior to its expirationeffective date of the cancellation, either by Subscriber or by Brightstar, no deductions for Claims fulfilled which will not be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least less than fifteen (15) days written after the date we send you the notice of cancellation. In addition, you will be entitled to a refund of the unearned premium calculated on a pro rata basis. If we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above, you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (30) days such refund is delayed beyond the 45-day period. You are not required to pay a deductible to receive the service. Defects in the covered hardware existing prior to the Subscriberdate of this Agreement are not covered by the service. For Nevada customers, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized Repairs initiated or non- manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We completed without Dell’s prior approval will not automatically suspend all coveragebe covered under this service contract. Rather, The obligations of Dell under this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded are backed by the terms full faith and credit of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000Dell.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Nevada Customers. This You may cancel this Agreement shall be governed by, and construed and enforced in accordance with, at any time by following the laws of the State of Nevada. All references to “Georgia” procedures for cancellation set forth in this Agreement, with regard to the governance, construction, . If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and enforcement of you have not made a claim under this Agreement, you are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers entitled to a “non-refundable Enrollment Fee”, full refund of the Total Price. If you cancel this Agreement any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, time after twenty (20) days after your receipt of this Agreement or if you paid an Enrollment Fee or Activation Fee, or another fee of cancel this Agreement and have made a similar nature, pursuant to claim at any time under this Agreement, then such you are entitled to a fee is hereby considered a part refund of the Service Fee and is deemed to be refundable in unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the same manner as the Service Fee, pursuant to the provisions of Total Price. We may cancel this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least any reason within seventy (70) days, Brightstar days after your receipt of this Agreement. We may not cancel this Agreement unlessthereafter only if: (i) the Subscriber fails • You fail to pay an amount when due, (ii) the Subscriber is ; • You are convicted of a crime which that results in an increase in the additional service required under this Agreement (iii) Brightstar discovers (A) Agreement; • It is discovered that you committed fraud by the Subscriber or made a material misrepresentation by the Subscriber in obtaining this Agreement or submitting a claim; • It is discovered that you engaged in filing an act or omission, or violated a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement Agreement, after the effective date of this Agreement which substantially and materially increases the service required due under this Agreement Agreement; or (iv) a • A material change in occurs to the nature or extent scope of the required service occurs after the effective date of this Agreement which that causes the required service it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If we cancel this Agreement as provided above, we will send you written notice at the time that this Agreement was sold to address indicated in our records. The notice will include the Subscriber. If this Agreement is terminated prior to its expirationeffective date of the cancellation, either by Subscriber or by Brightstar, no deductions for Claims fulfilled which will not be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least less than fifteen (15) days written after the date we send you the notice of cancellation. In addition, you will be entitled to a refund of the Subscriberunearned premium calculated on a pro rata basis. For Nevada customersIf we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (m), 30) days such refund is hereby replaced delayed beyond the 45-day period. You are not required to pay a deductible to receive the service. The service covers only the types of defects expressly identified in the entirety as follows: “any unauthorized or non- manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is Any other defects in the hardware existing prior to the date of this Agreement are not mandatory for Nevada customerscovered by the service. If Repairs initiated or completed without Dell’s prior approval will not be covered under this service contract. The obligations of Dell under this Agreement are backed by the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use full faith and credit of the toll-free number of the Division, (000) 000-0000Dell.

Appears in 1 contract

Samples: Dell Consumer Hardware Service Agreement

Nevada Customers. This You may cancel this Agreement shall be governed by, and construed and enforced in accordance with, at any time by following the laws of the State of Nevada. All references to “Georgia” procedures for cancellation set forth in this Agreement, with regard to the governance, construction, . If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and enforcement of you have not made a claim under this Agreement, you are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers entitled to a “non-refundable Enrollment Fee”, full refund of the Total Price. If you cancel this Agreement any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, time after twenty (20) days after your receipt of this Agreement or if you paid an Enrollment Fee or Activation Fee, or another fee of cancel this Agreement and have made a similar nature, pursuant to claim at any time under this Agreement, then such you are entitled to a fee is hereby considered a part refund of the Service Fee and is deemed to be refundable in unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the same manner as the Service Fee, pursuant to the provisions of Total Price. We may cancel this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least any reason within seventy (70) days, Brightstar days after your receipt of this Agreement. We may not cancel this Agreement unlessthereafter only if: (i) the Subscriber fails • You fail to pay an amount when due, (ii) the Subscriber is ; • You are convicted of a crime which that results in an increase in the additional service required under this Agreement (iii) Brightstar discovers (A) Agreement; • It is discovered that you committed fraud by the Subscriber or made a material misrepresentation by the Subscriber in obtaining this Agreement or submitting a claim; • It is discovered that you engaged in filing an act or omission, or violated a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement Agreement, after the effective date of this Agreement which substantially and materially increases the service required due under this Agreement Agreement; or (iv) a • A material change in occurs to the nature or extent scope of the required service occurs after the effective date of this Agreement which that causes the required service it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If we cancel or suspend this Agreement as provided above, we will send you written notice at the time that this Agreement was sold to address indicated in our records. The notice will include the Subscriber. If this Agreement is terminated prior to its expirationeffective date of the cancellation or suspension, either by Subscriber or by Brightstar, no deductions for Claims fulfilled which will not be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least less than fifteen (15) days written after the date we send you the notice of cancellation or suspension, you will have the right to contact us to cancel the contract in lieu of suspension. In addition, in the case of cancellation, you will be entitled to a refund of the unearned premium calculated on a pro rata basis. If we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above, you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (30) days such refund is delayed beyond the 45-day period. You are not required to pay a deductible to receive the service. The service covers only the types of defects expressly identified in this Agreement. Any other defects in the hardware existing prior to the Subscriberdate of this Agreement are not covered by the service. For Repairs initiated or completed without Dell’s prior approval will not be covered under this service contract. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell Inc. A subsidiary or affiliate of Dell Inc. that meets the requirements to issue, sell or offer for sale service contracts in Nevada customers(including any certificate of registration that may be required) may assume the rights and obligations under this Agreement. In the event of such assumption, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized subsidiary or non- manufacturer-recommended modifications affiliate will become obligated to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue contract holder pursuant to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreementservice contract. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Dell may also assign its administrative obligations to a third party that meets the requirements to fulfill such administrative obligations in Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber (including any certificate of registration that may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000be required).

Appears in 1 contract

Samples: Consumer Hardware Service Agreement

Nevada Customers. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada. All references to “Georgia” in this Agreement, with regard to the governance, construction, and enforcement of this Agreement, are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers to a “non-refundable Enrollment Fee”, any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, if you paid an Enrollment Fee or Activation Fee, or another fee of a similar nature, pursuant to this Agreement, then such a fee is hereby considered a part of the Service Fee and is deemed to be refundable in the same manner as the Service Fee, pursuant to the provisions of this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least seventy (70) days, Brightstar may not cancel this Agreement unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar discovers (A) fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a Claim service request for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement or (iv) a material change in the nature or extent of the required service occurs after the effective date of this Agreement which causes the required service to be substantially and materially increased beyond that contemplated at the time that this Agreement was sold to the Subscriber. If this Agreement is terminated prior to its expiration, either by Subscriber or by Brightstar, no deductions for Claims service requests fulfilled will be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least fifteen (15) days written notice to the Subscriber. For Nevada customers, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized or non- manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000.

Appears in 1 contract

Samples: Service Agreement

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Nevada Customers. This You may cancel this Agreement shall be governed by, and construed and enforced in accordance with, at any time by following the laws of the State of Nevada. All references to “Georgia” procedures for cancellation set forth in this Agreement, with regard to the governance, construction, . If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and enforcement of you have not made a claim under this Agreement, you are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers entitled to a “non-refundable Enrollment Fee”, full refund of the Total Price. If you cancel this Agreement any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, time after twenty (20) days after your receipt of this Agreement or if you paid an Enrollment Fee or Activation Fee, or another fee of cancel this Agreement and have made a similar nature, pursuant to claim at any time under this Agreement, then such you are entitled to a fee is hereby considered a part refund of the Service Fee and is deemed to be refundable in unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the same manner as the Service Fee, pursuant to the provisions of Total Price. We may cancel this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least any reason within seventy (70) days, Brightstar days after your receipt of this Agreement. We may not cancel this Agreement unlessthereafter only if: (i) the Subscriber fails  You fail to pay an amount when due, (ii) the Subscriber is ;  You are convicted of a crime which that results in an increase in the additional service required under this Agreement (iii) Brightstar discovers (A) Agreement;  It is discovered that you committed fraud by the Subscriber or made a material misrepresentation by the Subscriber in obtaining this Agreement or submitting a claim;  It is discovered that you engaged in filing an act or omission, or violated a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement Agreement, after the effective date of this Agreement which substantially and materially increases the service required due under this Agreement Agreement; or (iv) a  A material change in occurs to the nature or extent scope of the required service occurs after the effective date of this Agreement which that causes the required service it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If we cancel or suspend this Agreement as provided above, we will send you written notice at the time that this Agreement was sold to address indicated in our records. The notice will include the Subscriber. If this Agreement is terminated prior to its expirationeffective date of the cancellation or suspension, either by Subscriber or by Brightstar, no deductions for Claims fulfilled which will not be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least less than fifteen (15) days written after the date we send you the notice of cancellation or suspension, and you will have the right to contact us to cancel the contract in lieu of suspension. In addition, in the case of cancellation, you will be entitled to a refund of the unearned premium calculated on a pro rata basis. If we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above, you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (30) days such refund is delayed beyond the 45- day period. You are not required to pay a deductible to receive the service. The service covers only the types of defects expressly identified in this Agreement. Any other defects in the hardware existing prior to the Subscriberdate of this Agreement are not covered by the service. For Repairs initiated or completed without Dell’s prior approval will not be covered under this service contract. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell Inc. A subsidiary or affiliate of Dell Inc. that meets the requirements to issue, sell or offer for sale service contracts in Nevada customers(including any certificate of registration that may be required) may assume the rights and obligations under this Agreement. In the event of such assumption, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized subsidiary or non- manufacturer-recommended modifications affiliate will become obligated to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue contract holder pursuant to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreementservice contract. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Dell may also assign its administrative obligations to a third party that meets the requirements to fulfill such administrative obligations in Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber (including any certificate of registration that may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000be required).

Appears in 1 contract

Samples: In Home Printer Service Agreement

Nevada Customers. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada. All references to “Georgia” in this Agreement, with regard to the governance, construction, and enforcement of this Agreement, are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers to a “non-refundable Enrollment Fee”, any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, if you paid an Enrollment Fee or Activation Fee, or another fee of a similar nature, pursuant to this Agreement, then such a fee is hereby considered a part of the Service Fee and is deemed to be refundable in the same manner as the Service Fee, pursuant to the provisions of this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least seventy (70) days, Brightstar may not cancel this Agreement unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar discovers (A) fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a Claim service request for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement or (iv) a material change in the nature or extent of the required service occurs after the effective date of this Agreement which causes the required service to be substantially and materially increased beyond that contemplated at the time that this Agreement was sold to the Subscriber. If this Agreement is terminated prior to its expiration, either by Subscriber or by Brightstar, no deductions for Claims service requests fulfilled will be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least fifteen (15) days written notice to the Subscriber. For Nevada customers, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized or non- non-manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-manufacturer- recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000.

Appears in 1 contract

Samples: Service Contract/Extended Limited Warranty

Nevada Customers. This You may cancel this Agreement shall be governed by, and construed and enforced in accordance with, at any time by following the laws of the State of Nevada. All references to “Georgia” procedures for cancellation set forth in this Agreement, with regard to the governance, construction, . If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and enforcement of you have not made a claim under this Agreement, you are hereby replaced with “Nevada”. Section 2 “Coverage” (f) is removed in its entirety for Nevada customers. Section 8 “PAYMENT AND FEES” refers entitled to a “non-refundable Enrollment Fee”, full refund of the Total Price. If you cancel this Agreement any reference to a “non- refundable Enrollment Fee” is removed. For Nevada customers, time after twenty (20) days after your receipt of this Agreement or if you paid an Enrollment Fee or Activation Fee, or another fee of cancel this Agreement and have made a similar nature, pursuant to claim at any time under this Agreement, then such you are entitled to a fee is hereby considered a part refund of the Service Fee and is deemed to be refundable in unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the same manner as the Service Fee, pursuant to the provisions of Total Price. We may cancel this Agreement that pertain to the Service Fee. If this Agreement has been in effect for at least any reason within seventy (70) days, Brightstar days after your receipt of this Agreement. We may not cancel this Agreement unlessthereafter only if: (i) the Subscriber fails • You fail to pay an amount when due, (ii) the Subscriber is ; • You are convicted of a crime which that results in an increase in the additional service required under this Agreement (iii) Brightstar discovers (A) Agreement; • It is discovered that you committed fraud by the Subscriber or made a material misrepresentation by the Subscriber in obtaining this Agreement or submitting a claim; • It is discovered that you engaged in filing an act or omission, or violated a Claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement Agreement, after the effective date of this Agreement which substantially and materially increases the service required due under this Agreement Agreement; or (iv) a • A material change in occurs to the nature or extent scope of the required service occurs after the effective date of this Agreement which that causes the required service it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. If we cancel this Agreement as provided above, we will send you written notice at the time that this Agreement was sold to address indicated in our records. The notice will include the Subscriber. If this Agreement is terminated prior to its expirationeffective date of the cancellation, either by Subscriber or by Brightstar, no deductions for Claims fulfilled which will not be made to Your refund. If Brightstar cancels this Agreement, Brightstar will provide at least less than fifteen (15) days written after the date we send you the notice of cancellation. In addition, you will be entitled to a refund of the unearned premium calculated on a pro rata basis. If we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above, you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (30) days such refund is delayed beyond the 45-day period. You are not required to pay a deductible to receive the service. Defects in the covered hardware existing prior to the Subscriberdate of this Agreement are not covered by the service. For Nevada customers, Section 11 “LIMITATION OF LIABILITY AND EXCLUSION,” Subsection (m), is hereby replaced in the entirety as follows: “any unauthorized Repairs initiated or non- manufacturer-recommended modifications to the Covered Device, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Device is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We completed without Dell’s prior approval will not automatically suspend all coveragebe covered under this service contract. Rather, The obligations of Dell under this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded are backed by the terms full faith and credit of this Agreement. Section 12 “DISPUTE RESOLUTION AND ARBITRATION” is not mandatory for Nevada customers. If the Subscriber is not satisfied with the manner in which Brightstar is handling a claim hereunder, the Subscriber may contact the Commissioner by use of the toll-free number of the Division, (000) 000-0000Dell.

Appears in 1 contract

Samples: Services Agreement

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