SmartTech Complete Home Coverage
Catalog of Terms and Conditions:
- Website Terms of Use
- GuardianPlus Tech Support Terms and Conditions
- GuardianPlus Hardware Service Terms and Conditions
- GuardianPlus Laser Printer Extended Service Terms and Conditions
Effective Date: Feb, 6, 2023.
SCOPE OF USE. GraceWorkz, LLC, on behalf of itself and for the benefit of its affiliates and subsidiaries (“We”, “Us” and “Our” and any derivation thereof) provides this Website (the “Site”) to you, the user of the Site (“You”), for Your informational, noncommercial use, and subject to the following Terms of Use (the “Terms”). You shall use the Site strictly in accordance with these Terms and in a manner consistent with all applicable local, state, national, and international laws, and regulations. Use of the Site is limited to persons eighteen (18) years of age or older. Using this Site to evaluate whether to enter a business relationship with Us shall not constitute a commercial use for the purposes hereof. It is a violation of these Terms for You to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of Our service providers. Certain other programs or services provided by Us through linked websites or other channels may have additional terms and conditions regarding Your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Neither these Terms, nor any content, materials, features, or products and services of the Site create any partnership, joint venture, employment, or other agency relationship between You and Us. You may not contract on Our behalf or bind Us in any way.
ACCEPTANCE OF THE TERMS. Please read these Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the terms of our privacy policy which can be viewed here. This Privacy Policy explains Our practices relating to the collection and use of Your information through or in connection with our Site. The Privacy Policy is incorporated into these Terms and governs Our use of Your information and any information You submit or otherwise make available to us in connection with the Site. IF YOU ARE UNWILLING TO ACCEPT THESE TERMS YOU MAY NOT USE THIS SITE.
MODIFICATIONS. We reserve the right to modify this Site and update the rules and regulations governing its use, at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the “Last Updated” date at the top of this web page will be revised. All modifications are effective immediately when We post them and apply to all access to and use of the Site there. You understand and agree that Your use of this Site after the date on which the Terms have changed is acceptance of the updated Terms. We may make changes in the products and/or services described in this Site at any time.
REGISTRATION. To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. You agree that all information You provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and You consent to all actions we take with respect to your information consistent with the terms of Our Privacy Policy. If You use any of Our services and provide Us any information through the Site, such as Your name, phone number, contact details, email address, wireless carrier information, Your password, and/or personal identification number (PIN) (collectively, Your “Account Data”) for any accounts associated with Your device (“Your Account(s)”), You agree to provide true, accurate, current, complete, and up-to-date information. If You provide any information that is untrue, inaccurate, non-current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, or incomplete, then We have the right to restrict, terminate, or refuse any and all current or future access or use of the Site (or any portion thereof) in our sole discretion and without notice.
ACCESS TO SITE. We reserve the right to withdraw or amend the materials contained on or displayed on the Site including the operation and offering of Site itself in our sole discretion without notice. Your account gives You access to certain portions of the Site and functionality that We may establish and maintain from time to time and in Our sole discretion. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason including if in Our opinion You have violated any of these Terms. You are responsible for making all of the arrangements necessary for You to have access to the Site. You are responsible for ensuring that all persons who access the Site through Your internet connection are aware of these Terms and comply with them.
CONNECTION REQUIREMENTS. You are responsible for providing and maintaining, at Your own risk, option and expense, any hardware, software, and communication lines required to access and use the Site, and We reserve the right to change the access configuration of the Site at any time without prior notice.
SECURITY. You are responsible for any activity that occurs through Your account and You agree You will not sell, transfer, license, or assign Your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers, clients, or family members, We prohibit the creation of, and You agree that You will not create an account for anyone other than Yourself. If You are using the Site on behalf of a legal entity, You represent that You are authorized to enter into and agree to these Terms on behalf of that legal entity. We reserve the right to take any action that We deem necessary to ensure the security of the Sites and Your Account, including without limitation changing Your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. You are solely responsible for keeping Your Account Data and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your Account Data or the security questions and responses associated with Your Account can use that information to gain access to Your Account. You are solely liable for any claims, damages, losses, costs, or other liabilities resulting from or caused by any failure to keep Your Account Data and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer, and sale by Us and Our service providers, of any information and data related to or derived from Your use of the Site.
NO WARRANTIES. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR MALWARE. USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
DISCLAIMER: Certain products and services described on the Site may not be available to all users. Content and other information contained on the Site has been prepared as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing, and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Site. You must rely on information from the Site at Your own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should You purchase a product or service from Us or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and Your use of the Site does not affect that purchase in any manner. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
TRADEMARKS. All trademarks, service marks and logos that are used or displayed on the Sites are owned by Us or by third parties and are the property of their respective owners. We own various trademarks, service marks and logos that may be used on the Site. You must obtain Our written permission prior to using any trademark or service mark of Ours. Unauthorized use of any trademarks, service marks, or logos used on the Site may be a violation of state, national, and international trademark laws. Additionally, Our custom icons, graphics, logos, and scripting on the Site are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without Our prior written permission.
RESTRICTIONS ON USE. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Us, an employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Us, may harm the Us or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Share Your passcode, password, authentication credentials with any unauthorized third party which would enable that third party to obtain unauthorized access to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
USER CONTRIBUTIONS. The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution You post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to Your account settings, as applicable.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of Your User Contributions do and will comply with these Terms of Use.
- You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Site.
MONITORING, ENFORCEMENT, AND TERMINATION. We neither actively monitor general use of the Site under normal circumstances nor exercise editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Site. However, We reserve the right to:
- Monitor use of the Site at any time as We deem appropriate.
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Us.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Block, terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
However, We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
WEBSITE CONTENT & COPYRIGHT. This Site and the content contained on this Site is protected by U.S. and international copyright laws. You may not modify, reproduce, or distribute the content, design, or layout of the Site or individual sections of the content, design, or layout of the Site or Our trademarks or logos without our written permission. The layout, compilation, organization, and display of the content as well as all software and inventions used on and in connection with this Site are Our exclusive property (the “Content”). We reserve all of Our rights in the Site and its Content. You may download information from the Site and print out a hard copy for Your personal use provided that You keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. We do not warrant or represent that Your use of content, products and services, or any other materials displayed on the Site will not infringe rights of third parties.
COPYRIGHT INFRINGEMENT NOTIFICATION. We have a policy of removing data or Content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with us, You will need to send a written communication to Our Designated Agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct any such notice to Our Legal Department, legal@graceworkz.com
The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
RELIANCE ON INFORMATION POSTED. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinion. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES. You may link to Our Site, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.
This Site may provide certain social media features that enable You to:
- Link from Your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on Your own or certain third-party websites.
You may use these features solely as they are provided by Us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:
- Establish a link from any website that is not owned by You.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which You are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
INDEMNITY. You agree to defend, indemnify, and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners, contractors, and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, litigation expenses and reasonable attorneys’ fees, due to or arising out of Your use of the Site, Your use of any information obtained from the Site, Your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms, Your violation of these Terms, or Your violation of any law or any rights of another. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in Our defense of such matter. This indemnification and duty to defend shall survive any termination of these Terms.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITES (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; AND (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US AND OUR AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to You to the extent prohibited by law. In such cases, Our liability will be limited to the fullest extent permitted by applicable law.
THIRD-PARTY WEBSITES. Some links in this Site may navigate You away from Our Site or redirect You to other websites, including websites operated by third parties. Please be aware that those websites may collect Personally Identifiable Information (PII) from or about You and Non-PII about Your visit. The linked sites are not under Our control, and the content available on the internet sites linked to this Site does not necessarily reflect Our opinion. We are providing these links to other internet sites as a convenience to You, and access to any other internet sites linked to this Site is at Your own risk. The inclusion of any link does not imply a recommendation or endorsement by Us of the linked site. You should review the terms of use and privacy policies that are posted on any website that You visit, before using any linked websites. We accept no liability for any information, products, advertisements, content, services, or software accessible through these third-party websites or for any action You may take as a result of linking to any such website. We are under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. We are not responsible for the privacy practices of any other websites.
RULES FOR SURVEYS. Any surveys or other similar voluntary customer information collection and analysis efforts (collectively, “Surveys”) made available through the Site will be governed by additional specific terms that are separate from these Terms. By participating in any such Survey, You will become subject to those terms, which may vary from the terms and conditions set forth herein. We urge You to read the applicable terms, which are linked from the particular Survey, and to review our Privacy Policy which, in addition to these Terms, governs any information You submit in connection with any such Survey.
ELECTRONIC COMMUNICATIONS. When You visit the Site or send emails to Us, You are communicating with Us electronically. By providing Us Your email address, You consent to Our using the email address to send You notices related to the Site, including any notices required by law, in lieu of communication by postal mail. Where appropriate we will communicate with You by e-mail or by posting notices on the Site. We may also use Your email address to send You other messages, such as changes to features of the Site and special offers. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in these Terms. Please see Your service specific terms and privacy policy for information on opting out of electronic communications.
GOVERNING LAW AND GENERAL PRINCIPLES. We operate this Site from offices within the United States of America. We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where You live or are located in the world, You consent to these Terms and any claims relating to the information, services or products made available through this Site will be governed by the laws of the State of Tennessee, U.S.A., excluding the application of its conflicts of law rules. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts of Davidson County, Tennessee and You hereby consent to the personal jurisdiction and venue of such courts. You agree that any claim You may have arising out of or related to Your use of the Site or Your relationship with Us must be filed within one (1) year after such claim arose; otherwise, Your claim is permanently barred. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of these Terms. You agree that any violation, or threatened violation, by You of these Terms constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity. We may assign these Terms or any part of them without restrictions. These Terms, the Privacy Policy, and other policies We may post on the Site constitute the entire agreement between Us and You in connection with Your use of the Site and the Content, and supersedes any prior agreements between Us and You regarding use of the Site, including prior versions of these Terms. The section headings are for convenience and do not have any force or effect.
ENTIRE AGREEMENT. The Terms of Use and Our Privacy Policy constitute the sole and entire agreement between you and Us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
FEEDBACK. This website is operated by GraceWorkz, LLC All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: feedback@graceworkz.com
Technical Support Terms and Conditions
- GraceWorkz Live Agent Technical Support: Our GuardianPlus Technology Support plans provide Live Agent technology support for Business and home electronics including computers, mobile devices, cameras, home entertainment, and IoT devices. This includes on-demand troubleshooting, setup assistance, and connectivity help for electronics items, available either via Self Tech-Support or online Agent assistance via phone or chat. Scope of support includes basic device or system setup, enablement, and configuration as well as device to device connectivity and synchronization. This service is provided by our 3rd party service provider and as stated under the ACCEPTANCE OF TERMS section of our terms and conditions By using our Technical Support or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the terms of our privacy policy which by proxy includes acceptance of the terms and conditions and terms of privacy policy of our 3rd party service provider which can be viewed here [Support Partner] and [Support Partner]'s Privacy Policy.
- Self Tech-Help using KnowledgeVault: Through our online self tech-help program called KnowledgeVault located at www.guardianplusllc.com visitors seeking self-help can access our vast library of high-level self tech-help support content and IoT technical support documents. We provide references to many IoT products, brands, and models. As a courtesy, access is offered for subscribers seeking service, in some cases, special access is granted for current clients that have requested development or implementation of specific documents to be added for their organization. Content is accessible from internet-connected devices.
- To drive a high-quality and consistent customer experience, KnowledgeVault will be improved from time to time as we provide ongoing content development and maintenance.
- Support Details: The following list includes support for devices which are covered under are our Live Agent Technical Support and KnowledgeVault Self tech-help programs, while limited to but not limited, support for devices include:
- Business:
- Operating systems, including Microsoft Windows, iOS, and Mac
- Office technology, Desktops, laptops, tablets, monitors, external HD, printers, multifunction print/copy/fax/scan, keyboard, mice
- Communication technology, Smartphones, hotspots, routers, switches,
- Security systems and equipment and Smart thermostats
- Techware products, smart watches, earbuds
- Home:
- Televisions, gaming systems and other home entertainment devices
- Smartphones, Tablets (Android and iOS), iPods and MP3 players
- Wearables and IoT devices
- PC
- Mac
- Smart home hubs and their branded devices
- Personal electronic assistants
- Smart Appliance support if the appliance has its own Wifi
- Other Wi-Fi connected devices
- Other consumer electronic devices that can be purchased at retail stores.
- Home Entertainment Support
- Device setup, navigating menus, using features and configuring options
- Troubleshooting connectivity, input, channel, picture or audio issues
- Connecting entertainment devices to the home Wi-Fi or wired network
- Guidance on how to interconnect devices, including which wire goes where, which input or interface to use
- Assistance setting up and using remote controls
- Guidance on how to access online media and content
- Education on options for entertainment on mobile devices and PCs
- e.g. Apps for streaming music, watching streaming movies and entertainment
- Television Support
- Device setup, navigating menus, using features and configuring options
- Troubleshooting connectivity, input, channel, picture or audio issues
- Connecting television to the home Wi-Fi or wired network
- Assistance setting up and using remote controls
- Educating consumer on how to select from picture preset modes and which mode may best suit their needs and environment
- Walk-through of basic custom settings allowing to select initial settings
- Show consumers how to backup settings and restore defaults, where appropriate
- Guidance on how to connect other devices to the TV
- Smart home hubs and their branded devices
- Configuration of smart home devices that use the Wi-Fi protocol (lightbulbs, plugs etc.)
- Set-up of associated apps.
- Troubleshoot connectivity and basic functionality.
- Major brand home automation and security such as SmartThings and Wink, configuration and attaching and configuring like branded devices.
- Personal electronic assistants
- Amazon echo, Google Home and Homepod
- Connect to the network and configuration
- Troubleshoot
- Best effort integration
- Smart Appliance support if the appliance has its own Wi-Fi (limited to app and smart technology).
- Connect to network
- Troubleshoot basic functionality of the network and device.
- Install the app. And basic use.
- Networking Support
- Connecting computers, smartphones, tablets, TVs, and other Wi-Fi-enabled peripherals to a wireless network.
- Set up wireless security encryption using WPA.
- Setting up file and print sharing over an existing network - This includes allowing sharing of data over a shared network and configuring network printers Installing and configuring a home or office network, including security.
- Connected Device Support
- Attaching a device to an existing home network
- Configuration of wearable, home automation or similar IoT device not including physical installation (when applicable). This includes:
- Installing the mobile app that supports the device.
- Associating the app with the device.
- Show consumers how to use the app to configure, control and obtain information from the device.
- Where applicable, show the consumer how to setup rules for use of the device.
- Setting up a new peripheral (including but not exclusive to printer, scanner, MP3 player or digital camera) or repairing driver conflicts.
- Ensure that Microsoft Office applications launch and run correctly along with providing installation and launching guidance for these applications.
- Create additional user accounts.
- Internet Browser including support for Internet Explorer version 11 or later, Firefox version 12 or later, Safari, Chrome, Edge and Opera. Other browsers may not be supported.
- Support for the following Smartphone and Tablet (iOS and Android) functionality:
- Configuring Wi-Fi/Bluetooth/USB settings on the mobile device.
- Configuring email accounts on the mobile device.
- Configuring Facebook and Twitter settings as well as other common applications
- Guidance on downloading and installing apps.
- Guidance on browsing the Internet.
- Guidance on sending and receiving text/email/multimedia messages.
- Guidance on use of the phone’s native GPS app.
- Adjusting program and operating system settings to reduce battery consumption.
- Deleting unnecessary data.
- Deleting unnecessary apps.
- Removing unnecessary Wi-Fi connections that could present a security risk.
- Service Requirements & Device Minimums
- NOTE: Requirements and minimums will be updated from time to time based on the advancement of technology and associated standards, product obsolescence and other factors that impact the ability to deliver service.
- To obtain service: the following requirements must be met for all services:
- For all peripheral (i.e. printer, camera, digital music players) setup services the Consumer must:
- Have all necessary cables for attaching the computer to the peripheral. When Consumer does not have appropriate cables, advice on product purchase will be provided.
- The peripheral must be in good working order
- Peripherals must be unboxed with all parts readily available
- For all services the Consumer must have high-speed Internet access and must be able to connect to the Internet. If Consumer requires support with networking or networkable products, a working high-speed connection is necessary, but does not need to be accessible from device.
- Consumers must have administrator level access to the computer and devices for which the services are being provided. Operating system and/or ISP or other passwords must be available.
- If working on a device that connects to the local Wi-Fi network or Internet, consumers must have the credentials for the Wi-Fi network being utilized.
- For services that support PCs machines must have Windows 8 or higher. For services that support Macs machines must have MacOS 10.5 or greater.
- For services that support Android devices they must have Android O/S 2.0 and above.
- For services that support iOS devices they must have iOS 6.0 or above.
- All computers being serviced must have 1GB of RAM for basic service. For any services requiring installation of software the manufacturer’s minimum service requirements also must be met.
Hardware Service Terms and Conditions
THESE SERVICE CONTRACT TERMS AND CONDITIONS (THE “PLAN”) CONSTITUTE A LEGAL CONTRACT BETWEEN YOU, US (AS DEFINED BELOW). THIS PLAN REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT, AND LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS PLAN CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE WITH ANY OF ITS PROVISIONS, DO NOT USE THE SERVICES OFFERED BY THIS PLAN.
- OBLIGOR: The company obligated under this Plan in all states is: GraceWorkz LLC., whose address is 1311 West Badger Road, Madison, WI 53713, and phone number is (866) 448-0420.
- DEFINITIONS: Throughout this Plan, the following words have the following meanings: (1) “we”, “us”, and “our” mean the company obligated under this Plan, as stated in the Obligor section of this Plan; (2) “you” and “your” mean the individual that purchased this Plan for business or personal purposes; (3) “administrator” means: (a) GraceWorkz LLC.; (4) “retailer” means the retailer of this Plan; (5) “covered product(s)” mean the eligible qualifying item(s) listed in Section V.(a) of this Plan that is/are owned by you and covered by this Plan; (6) “breakdown” means the mechanical or electrical failure of the covered product caused by: (i) defects in materials and/or workmanship; (ii)power surge; or (iii) normal wear and tear; (iv) dust, heat, or humidity or (v) unintentional and accidental damage from handling as a result of normal use (“ADH”) for laptops, tablets, portable DVD/Blu-ray players, portable handheld gaming devices, wearables, audio headsets, virtual reality headset, and printer display screens only; and (7) “replacement product” means a NEW, REFURBISHED OR REMANUFACTURED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY THAT PERFORMS TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL COVERED PRODUCT. Technological advances may result in a replacement product with a lower selling price than the original product.
- INSTRUCTIONS: This Plan, including the terms, conditions, limitations, and exclusions, and agreements begin by checking the “Agree” box of the Terms and Conditions on our product add to cart page in our online store and then completing the checkout and purchase steps. Once the purchase is completed, you will receive a Enrollment Certification receipt, which is the commencement date of this Plan, and constitute the entire agreement between you and us. Please keep this Plan and the enrollment confirmation for future reference; you may need them to obtain service. The covered product(s) must be in good working condition prior to your enrollment in this Plan. You must follow the instructions that are in the owner’s manual for proper use, care, and maintenance of the covered product(s). Failure to follow the manufacturer’s maintenance and service guidelines may result in the denial of coverage under this Plan. We strongly recommend (but do not require as a condition of this Plan) the regular back up of data and software. If applicable, it is important that you backup all data files on your covered product prior to the commencement of service; repairs to your covered product may result in the deletion of such data files.
- COVERAGE TERM: The term and billing for this Plan begins on the date you check the Terms and Conditions labeled “Agree” and finish the purchase checkout process. If you did not keep a copy of the Enrollment Certification, enrollment can be verified in your account history located in our online store at www.guardianplussllc.com and renews monthly unless canceled. You may elect monthly or annual billing. For hardware service, there is a thirty (30) day waiting period after the Plan term begins before coverage becomes effective and you can make a service ticket. COVERAGE UNDER THE PLAN BECOMES EFFECTIVE THIRTY-ONE (31) DAYS AFTER YOUR PLAN TERM BEGINS; NO SERVICE WILL BE PROVIDED DURING THE INITIAL THIRTY (30) DAYS OF THE PLAN OR FOR ANY BREAKDOWN THAT OCCURS DURING THE INITIAL THIRTY (30) DAYS OF THE PLAN. If this Plan is canceled, coverage will continue for thirty (30) days after the cancellation date. In the event your covered product is being serviced by us when this Plan expires, the term of this Plan will be extended until the covered repair has been completed and the covered product has been delivered to you.
- WHAT IS COVERED: This Plan covers replacement costs or parts and labor costs to repair your covered product in the event it experiences a breakdown that is not covered under any insurance policy, warranty, or other service contract, up to the Plan Limits of Liability in Section X. If your covered product experiences a breakdown, we will, at our discretion: (1) repair the covered product, (2) replace the covered product with a replacement product, (3) reimburse you for authorized repairs to the covered product or (4) reimburse you in the form of a gift card or check for the replacement cost of the covered product, as determined by us, based on its replacement value, age, and condition of the covered product, as determined by us, immediately prior to the breakdown. Non-original parts may be used for repair of the covered product. On-site, depot, or carry-in service may be available; the administrator will inform you what type of service your covered product qualifies for when you file your claim.
- COVERED PRODUCTS: This Plan covers an unlimited quantity of the following products, of any size, age, and any brand, as outlined below.
Home SmartTech Equipment:
- Desktops, laptops, and tablets (collectively referred to as “PC” or “PCs”). Each PC can include one (1) of each of the following accessories: an associated external monitor, keyboard (wired or wireless), mouse (wired or wireless), modem, and external desktop speaker set (wired). PCs eligible for coverage under this Plan are those equipped with a Windows Operating System version Windows 7 or newer or Android version 1.6 or newer and Apple computers which are equipped with an Apple operating system version OS X (10) or newer or Chrome OS.
- Routers (wired or wireless) if not covered by your internet service provider.
- External hard drives.
- Desktop printers and multifunction printers.
Monitors:
- LCD, Plasma or LED monitors to include coverage for the original remote control.
Smart Products:
- Smart device hubs
- Smart light dimmers
- Smart thermostats
- Smart smoke detectors
- Smart door locks
- Smart home security cameras
- Smart video doorbells
- Smart carbon monoxide detectors
All of the “Smart” products above must utilize one of the following networking solutions to be eligible for this Plan: enabled Wi-Fi, ZigBee, Z-Wave, Insteon, or Thread Group.
Personal Wearables:
- Health and fitness bands
- Smart watches
- CARRY-IN SERVICE: If the covered product requires service, we may instruct you to bring it to an authorized repair center for repair. Non-original parts may be used for the repair of the covered product.
- ON-SITE SERVICE: If the covered product requires on-site service, an adult (18 years or older) must be present during the time of service. You must provide a safe, non-threatening environment for our technicians in order to receive on-site service. If our technicians determine that certain repairs cannot be completed where the covered product is located and must be repaired at another location, this Plan will cover shipping and handling costs. Covered products installed in cabinetry and other types of built-in applications are eligible for service as long as you make the covered product reasonably accessible to the technician. We are not responsible for dismantling or reinstalling furniture or fixed infrastructures when removing or reinstalling repaired or replaced covered products into furniture or cabinets. Non-original parts may be used for repair of the covered product.
- REPAIR DEPOT SERVICE: If the covered product is not serviced on-site, it will be shipped to a designated repair depot for service. We will send you a prepaid shipping label and instructions for shipping your covered product to our authorized service center. Non-original parts may be used for repair of the covered product.
- REPLACEMENT EQUIPMENT: If we opt to provide you a replacement product, we reserve the right to take ownership of the original covered product. We may require that you return or send pictures of the original covered product to us for inspection as a condition to receiving a replacement product. We will pay shipping and handling costs associated with the return of the original covered product.
- HOW TO MAKE A SERVICE REQUEST: In the event your covered product experiences a breakdown, at least thirty-one (31) days after the term begins, you may talk to a technical support rep by calling toll free 855-722-0551 twenty-four (24) hours a day, seven (7) days a week or you can submit a service ticket to service@guardianplusllc.com. You must create a service ticket with us prior to having service; all repairs or replacements must be authorized in advance. Unauthorized repairs or replacements may not be covered. If your covered product requires service, a service fee for each service ticket may apply, as described in Section VIII. We may require you to fill out a service authentication form and/or provide a copy of your State or Federal issued photo I.D., other than a professional or student license or I.D., prior to receiving service or replacement for the covered product. Any abuse of this Plan by you, including but not limited to submitting a service ticket for a product not belonging to you, may result in cancellation of this Plan. All open service tickets under this Plan must be reported to us within sixty (60) days after cancellation of this Plan.
- INTERNATIONAL SERVICE: Service under this Plan is not available outside of the United States.
- SERVICE FEE: In the event your covered product experiences a breakdown, you must pay a service fee plus applicable taxes as shown in the service fee schedule below. The service fee must be paid and received in advance of service being provided and may be paid with a valid debit or credit card. A service fee does not apply to the repair or replacement of standalone routers, external hard drives, original remote controls, smart device hubs, smart light dimmers, smart smoke detectors, or smart carbon monoxide detectors.
|
Covered Products |
Service Fee |
|
PCs, Printers, Bluetooth and Wi-Fi connected speakers, Virtual Reality headsets, and Smart Watches |
$139 |
|
Smart door locks, Smart home security cameras, Smart thermostats, Smart video doorbells, Audio headsets, and Health and fitness bands |
$59 |
- PAYMENT: You agree to pay the monthly fee for this Plan, which was disclosed to you at the time you enrolled in this Plan. The monthly fee, plus applicable taxes, will be billed monthly to the credit or debit card you provided when you enrolled. Non-payment by you will result in cancellation of the Plan. It is your responsibility to maintain a valid credit or debit card with us to process payments, and failure to do so may result in cancellation of the Plan.
- IF YOU RE-ENROLL OR MAKE CHANGES TO YOUR PLAN: If you enroll in a different plan, the cost of any service tickets made under this Plan will carry forward costs associated with those tickets to the new plan.
- REGISTRATION: You must register the equipment to be covered by requesting a quote. To complete this process please visit https://guardianplus.mybigcommerce.com/home-personal-details/use the “GET QUOTE” button or call (888) 559-6089. If you wish to update the equipment covered list, you can contact us at our toll free number 888-559-6089.
- EXCLUSIONS: This Plan does not cover the following:
- Consequential, incidental, special or indirect damages or losses, including but not limited to, loss of use, loss of business, loss of profits, loss of data, down-time, and charges for time and effort;
- Pre-existing conditions at the time of your enrollment in this Plan;
- Cosmetic defects, damage to or failures of non-operational components that do not inhibit the proper operation and performance of a covered product, including but not limited to: appearance parts, decorative finishing, finish defects, nonfunctional plastic, trim, attachments, and accessories (except as otherwise stated herein);
- Breakdown resulting from: improper installation or setup, use not approved in the manufacturer’s specifications, unauthorized modifications, alterations, repairs, or repair personnel;
- Breakdown due to any design flaw or systemic manufacturing defect, or breakdown covered by a manufacturer’s warranty or manufacturer’s recall;
- Breakdown caused by natural disaster (whether natural, man-made, local, or catastrophic), abuse, acts of war, civil disorders, corrosion, dirt, mold, dust, earthquake, fire, hail, insects or other animals, liquid immersion, malicious mischief, misuse, negligence, nuclear accident, riot, rust, sand, smoke, storm, terrorist attack, vandalism, wind;
- Costs associated with installation or uninstallation of any covered product;
- Products that are not owned by you, leased and rented products, or products that are not customarily located in your specified home address;
- Breakdown that occurs either while the covered product is in storage or in the course of transit, delivery, or redelivery, other than when located at our designated repair depot;
- Normal periodic or preventative maintenance, inspections, cleaning, or tune-ups, minor adjustments and settings outlined in the owner's manual that the user can perform, or costs related to any service request which results in customer education or no problem found;
- Covered products whose serial number has been altered or removed;
- Theft or loss of the covered product;
- Liability or damage to property, or injury or death to any person arising out of the operation, maintenance, or use of the product;
- Special needs accessories including, but not limited to: handset boosters and visual ring indicators;
- Parts intended for periodic replacement including, but not limited to: batteries (excluding one annual laptop battery), bulbs, external power supplies, styluses, antennas, cartridges;
- Products residing outside the United States;
- Data or software of any kind that is deleted or damaged during a repair or replacement under this Plan;
- Support or repairs to software, loss or damage to software due to any cause, including but not limited to: computer virus, worm, Trojan programs, adware, spyware, firmware, or any other software program;
- Burned-in images and pixel failure within designed specifications or that do not materially alter the product’s functionality;
- PCs that do not have administrator’s permissions. Covered PCs must be able to upload and download software.
- RENEWAL: This Plan renews annually but billed monthly unless canceled.
- TRANSFER: This Plan is not transferable.
- CANCELLATION: This Plan is provided on an annual basis and can be canceled by you at any time for any reason by notifying us at 1311 West Badger Road, Madison, WI, 53713 (888) 559-6089. This Plan may be canceled by us for any reason by notifying you in writing at least thirty (30) days prior to the effective date of cancellation, which notice shall state the effective date and reason for cancellation. If the Plan is canceled: (a) by you within thirty (30) days of the receipt of this Plan, you will receive a full refund of the current term Plan payments made by you under this Plan, less the cost of any claims that have been paid or repairs that have been made; or (b) by you after thirty(30) days of the receipt of this Plan, or canceled by us at any time, you will receive a refund equal to 100% of the pro-rata amount of the unearned portion of the monthly Plan fee, less the cost of any claims that have been paid or repairs that have been made. For residents of Alabama, Arkansas, California, Colorado, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New York, South Carolina, Texas, Washington, Wisconsin and Wyoming, any refund owed and not paid or credited within thirty (30) days of cancellation shall include a 10% penalty per month.
- CHANGES TO THE PLAN: WE MAY CHANGE THE CHARGE FOR THE PLAN, ADMINISTRATION OF THE PLAN OR THESE TERMS AND CONDITIONS FROM TIME TO TIME UPON THIRTY (30) DAYS WRITTEN NOTICE TO YOU. SUCH NOTICE MAY BE PROVIDED AS IN A SEPARATE MAILING OR EMAIL OR BY ANY OTHER REASONABLE METHOD. IF YOU DO NOT AGREE TO THE MODIFIED CHARGES OR TERMS OF THE AGREEMENT, YOU MAY CANCEL THE PLAN BY NOTICE TO US OR THE ADMINISTRATOR AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. THE PAYMENT OF APPLICABLE CHARGES BY YOU, OR A REQUEST FOR SERVICE UNDER THE PLAN, AFTER RECEIVING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND CONDITIONS WILL BE DEEMED TO BE ASSENT BY YOU TO THE CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS.
- LIMITATION OF LIABILITY: IN NO EVENT WILL THE PLAN OBLIGOR, OR RETAILER BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES OR LOSS OF INCOME ARISING OUT OF OR CONNECTED TO THE PROVISION OF THE PLAN, REPAIR OR REPLACEMENT OF COVERED PRODUCTS UNDER THE PLAN AND CAUSED BY NEGLIGENCE, ERROR, MISTAKE, OR OMISSION ON THE PART OF THE PLAN OBLIGOR OR ADMINISTRATOR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OR SUBCONTRACTORS.
- FORCE MAJEURE: We are not responsible for any delay or failure in performance of any part of this Plan to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, regulatory agency requirement, civil or military authority, acts of nature, or other similar causes beyond our control.
- NON-WAIVER: Our failure in any circumstance to require strict compliance with any term or condition in this Plan shall not be deemed a waiver by us of any such term or condition under any other circumstance or of any other term or condition in this Plan.
- ARBITRATION OR SMALL CLAIMS COURT AGREEMENT: Please read this section carefully. It affects your rights. For the purposes of this arbitration or small claims court agreement (referred to as the “A.A”) only, references to “we” and “us” also include (1) the respective parents, subsidiaries, affiliates, agents, employees, successors, and assigns of the Obligor and administrator of this Plan (as defined above). Most of your concerns about this plan can be addressed simply by contacting us at (866) 448-0420. In the event we cannot resolve any dispute with you, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE PROCEEDINGS.
- THIS A.A.:
- Survives termination of this Plan.
- Is governed by the Federal Arbitration Act.
- Covers any dispute you have with us concerning or related, directly or indirectly, to this Plan.
- Does not prevent you from bringing an individual action against us in small claims court instead of pursuing arbitration.
- Does not prevent you from informing any government agency of your dispute. They may be able to seek relief on your behalf.
- ARBITRATION PROCESS:
- How to start arbitration.
- Send a written Notice of Claim by certified mail to: Legal Department, 208 South Johnson Street, Suite 208, McKinney, Texas 75069
- Describe the dispute and relief sought in the Notice.
- If the dispute is not resolved within 30 days of receipt of the Notice, you may start an arbitration with the American Arbitration Association (“AAA”). You can contact the AAA and obtain a free copy of their rules and forms at www.adr.org or 1-800-778-7879.
- Arbitration will be conducted by the AAA following the Consumer Arbitration Rules (“Rules”). A court may decide the enforceability of this A.A. The arbitrator will decide all other issues. The arbitrator is bound by this A.A.
- Any hearing will take place in the county or parish of your mailing address unless you and we agree to a different location.
- FEES:
- In most cases we will pay all filing, administration, and arbitrator fees. If the arbitrator finds that your dispute was filed to harass or is frivolous, the Rules govern payment of the fees.
- We will reimburse you for a filing fee paid to the AAA. If you are unable to pay a filing fee, we will pay it if you send us a written request.
- ARBITRATION DECISION:
- You and we agree not to disclose any settlement offers to the arbitrator before the arbitrator issues a decision.
- If the arbitrator finds in your favor and the damages awarded are greater than the last settlement we offered, we will do the following.
- We will pay you the greater of the damages or $7,500.
- We will also pay your reasonable attorney's fees and arbitration expenses. You may not recover duplicate awards of fees and expenses.
- We waive any right we have to recover attorney’s fees and expenses from you if we win the arbitration.
- If you seek declaratory or injunctive relief, it can only be awarded as necessary to provide you relief.
YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE PROCEEDING.
Unless you and we agree otherwise, the arbitrator may not consolidate your dispute with any other person’s dispute and may not preside over any form of representative proceeding. If this specific provision is found to be unenforceable, then the entirety of this A. A. is null and void.
- STATE CHANGES: IF YOU RESIDE IN ONE OF THE FOLLOWING STATES, THESE PROVISIONS APPLY TO YOU:
ARIZONA RESIDENTS: If your written notice of cancellation is received prior to the expiration of the annual term, we will not deduct the cost of any claims that have been paid or repairs that have been made. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the retailer, its assignees, subcontractors and/or representatives. The Arbitration Agreement of this Plan does not preclude you from contacting the Consumer Protection Division of the Arizona Department of Insurance. Item (d) of the Exclusions section is deleted and replaced with the following: “Breakdown resulting from: improper installation or setup, use not approved in the manufacturer’s specifications, unauthorized modifications, alterations, repairs or repair personnel while owned by you.”
CALIFORNIA RESIDENTS: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the Plan is canceled: (a) within sixty (60) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan less the cost of any claims that have been paid or repairs that have been made, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any claims that have been paid or repairs that have been made.
CONNECTICUT RESIDENTS: In the event of a dispute with us that cannot be resolved, you may contact the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of this Plan. In-home service is provided.
FLORIDA RESIDENTS: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation.
GEORGIA RESIDENTS: We may only cancel this Plan before the end of its annual term on the grounds of fraud, material misrepresentation, or nonpayment. The cancellation shall be in writing and shall conform to the requirements of O.C.G.A. 33-24-44. If this Plan is canceled prior to the end of the term, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. This Plan excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. As stated in the Arbitration Agreement of this Plan, either party may bring an individual action in small claims court. The Arbitration Agreement provision does not preclude you from bringing issues to the attention of federal, state, or local agencies or entities of your dispute. Such agencies or entities may be able to seek relief on your behalf. You and we agree to waive the right to a trial by jury and waive the right to participate in class actions and class arbitrations or other similar proceedings. Nothing contained in the arbitration provision shall affect your right to file a direct claim under the terms of this Plan against Continental Casualty Company pursuant to O.C.G.A. 33-7-6.
NEVADA RESIDENTS: If the Plan is canceled, we will not deduct the cost of any claims that have been paid or repairs that have been made from your refund. If this Plan has been in force for a period of seventy (70) days, we may only cancel before the expiration of the Plan term due to the following reasons: 1) You engage in fraud or material misrepresentation in obtaining this Plan or in filing a claim for service under this Plan; 2) You commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increases the service required under this Plan; or 3) Any material change in the nature or extent of the required service or repair, including unauthorized service or repair, which occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time this Plan was purchased or last renewed. If we fail to pay the cancellation refund as stated in the Cancellation provision the penalty will be 10% of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. The following language is added to Section XII (d) of Exclusions section: “if the product is modified or altered without our authorization, we will only provide applicable coverage that is not related to the unauthorized modification or alteration or any damages arising therefrom, unless such coverage is otherwise excluded by this Plan.” Contact us at (866) 448-0420 with questions, concerns or complaints about this Plan. In the event you do not receive satisfaction under this Plan, complaints or questions about this Plan may be directed to the Nevada Department of Insurance, telephone (888) 872-3234.
NEW HAMPSHIRE RESIDENTS: Contact us at (866) 448-0420 with questions, concerns, or complaints about the Plan. In the event you do not receive satisfaction under this Plan, you may contact the State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301, telephone number: 1-603-271-2261. The arbitration agreement provision of this Plan is subject to Revised Statutes Annotated 542.
NEW MEXICO RESIDENTS: If this Plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Plan; (3) you engage in fraud or material misrepresentation in obtaining this Plan; (4) you commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increase the service required under this Plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Plan.
NORTH CAROLINA RESIDENTS: The purchase of this Plan is not required either to purchase or to obtain financing for the product. We may non-renew but may only cancel this Plan prior to the expiration of the annual term for non- payment by you or for violation of any of the terms and conditions of this Plan.
OKLAHOMA RESIDENTS: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this Plan. Oklahoma license number: 44199294.
OREGON RESIDENTS: The Arbitration Agreement provision of this Plan is replaced with the following: “For the purpose of this Arbitration Agreement, references to “we” and “us” also include the respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns of the Plan Obligor and administrator, as defined above. Most of your concerns about the Plan can be addressed simply by contacting us at (866) 448-0420. In the event we cannot resolve any dispute, you and we may, in a separate agreement, consent to arbitration. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER SIMILAR
PROCEEDING. Any arbitration proceedings shall be conducted within the state of Oregon.”
SOUTH CAROLINA RESIDENTS: Contact us at (844) 448-0420 with questions, concerns, or complaints about the program. In the event you do not receive satisfaction under this Plan, complaints or questions about this Program may be directed to the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000., Columbia, SC 29201, or (800) 768-3467.
TEXAS RESIDENTS: If you purchased this Plan in Texas, unresolved complaints concerning us or questions concerning us or questions concerning our registration may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, telephone number (512) 463-6599 or (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Plan is returned to us. Texas license number: 116.
UTAH RESIDENTS: NOTICE: This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Plan is not guaranteed by the Utah Property and Casualty Guaranty Association. The second sentence of Section XV Cancellation is deleted and replaced with the following: “This Plan may be canceled by us or the administrator prior to the expiration of the term for: (i) material misrepresentation or substantial breaches of contractual duties, conditions, or warranties, by notifying you in writing at least thirty (30) days prior to the effective date of cancellation; or (ii) for nonpayment of premium by notifying you in writing at least ten (10) days prior to the effective date of cancellation. Such cancellation notifications shall state the effective date and reason for cancellation. If you fail to make any payment or charge due under this Plan, we may cancel your coverage by notifying you in writing at least ten (10) days prior to the effective date of cancellation.” Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible.
VIRGINIA RESIDENTS: In the event you do not receive satisfaction under this Plan within sixty (60) days after your request, you may contact the Virginia Department of Agriculture & Consumer Services, Office of Charitable & Regulatory Programs to file a complaint.
WISCONSIN RESIDENTS: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE
COMMISSIONER OF INSURANCE. We may only cancel this contract before the end of the agreed contract term on the grounds of nonpayment, a material misrepresentation made by you to us, or a substantial breach of duties by you relating to the product or its use. The fifth and sixth sentence of the first paragraph of the Arbitration Agreement provision of this contract is amended as follows: (1) TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS CONTRACT, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND TO PARTICIPATE IN CLASS ACTIONS,
CLASS ARBITRATIONS OR OTHER REPRESENTATIVE PROCEEDINGS; and (2) the sentence “This A.A. is governed by the Federal Arbitration Act.” of Section XX, sub-section (1)(b) is deleted in its entirety.
WYOMING RESIDENTS: Prior notice is not required if the reason for cancellation is nonpayment of the Plan fee, a material misrepresentation by you to us or retailer, or a substantial breach of duties by you relating to the retailer service or its use. The Arbitration Agreement provision in this Plan is replaced with the following: “If there are disputes between you and us that are not resolved by negotiations, you and we may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings shall be conducted within the state of Wyoming.” For the purpose of this Arbitration Agreement, references to “we” and “us” include the Plan Obligor and Administrator, as defined above, and their respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns; and the retailer and its wholly owned subsidiaries, affiliates, agents, employees, successors and assigns from which you purchased this Plan.
GuardianPlus® Laser Printer Extended Service Plan
Terms and Conditions
SCOPE OF SERVICE: The GuardianPlus® Laser Printer Extended Service Plan includes, but is not limited to, an unlimited quantity of Laser Printer hardware and an unlimited number of printer requests for repair service or hardware replacement at no cost to the client. The free printer hardware service includes service response and, assistance for printer failures caused by the normal wear and breakdown of parts in the printer during normal use and operation of the equipment as specified by the manufacturer. If your covered product experiences a breakdown, we will, at our discretion: (1) repair the covered equipment, (2) replace the covered equipment with a like replacement or better model. The GuardianPlus® Laser Printer service plan covers printer hardware currently owned, leased, or authorized equipment by the owner including “in and out of warranty” printers through the end-of-life cycle. There is no maximum number of service request limitations.
This is not an insurance or warranty plan. Coverage lasts while the original equipment manufacturer provides parts and support. Thereafter, it is the equipment owner’s responsibility to replace the outdated hardware.
SERVICE REQUIREMENTS: To receive the GuardianPlus® Laser Printer Extended Service, the client must purchase and use our consumable supplies in the current printer equipment and continue use of our supplies in the hardware throughout its lifetime. You do not have to purchase printer hardware from us, service covers current and new hardware inventory. No signature is required, we ask that you use our supplies during the life cycle of the printer equipment. Equipment covered must be in working condition before coverage begins.
SERVICE TERMS: For hardware service, there is a thirty (30) day waiting period after the Plan term begins before coverage becomes effective and you can make a service request. COVEAGE UNDER THE PLAN BECOMES EFFECTIVE THIRTY-ONE (31) DAYS AFTER YOUR PLAN TERM BGINS; NO SERVICE WILL BE PROVIDED DURING THE INITIAL THIRTY (30) DAYS OF THE PLAN OR FOR ANY BREAKDOWN THAT OCCURS DURING THE INITIAL THIRTY (30) DAYS OF THE PLAN. If this Plan is canceled, coverage will continue for thirty (30) days after the cancellation date. In the event your covered equipment is being serviced by us when this Plan expires, the term of this Plan will be extended until the covered repair has been completed or the covered replacement equipment has been delivered to you.
BRANDS, MODELS AND TYPES OF EQUIPMENT COVERED: Many brands, types and models of laser printers can be covered by the GuardianPlus® extended service plan including desktop, multi group and multifunction devices.
Coverage includes printer equipment for:
- Corporate including coverage for highly distributed equipment thumbprints
- Business, hospitals, clinics, hotels, professional services organizations with multi-location, retail, schools, municipal and much more…
- Business with remote home offices including all locations throughout the U.S.
- Personal owned equipment at home
Before purchase of supplies, Client and GraceWorkz will review the brand’s types and models and agree upon the “Authorized list of covered brands and models”.
Extended service can be provided for additional printer brands, types and models NOT included on the authorized list of covered brands, types and models at the current time and materials service rate.
SERVICE FULFILLMENT METHODS: your equipment will be repaired or replaced by us at no cost to you. If you have equipment failure, at our determination, we will use one of the following service methods:
- CARRY-IN SERVICE: If the covered hardware requires service, we may instruct you to bring it to an authorized repair center for repair. Non-original parts may be used for the repair of the covered product.
- ON-SITE SERVICE: If the covered hardware requires on-site service, an adult (18 years or older) must be present during the time of service. You must provide a safe, non-threatening environment for our technicians in order to receive on-site service. If our technicians determine that certain repairs cannot be completed where the covered hardware is located and must be repaired at another location, this Plan will cover shipping and handling costs. Covered products installed in cabinetry and other types of built-in applications are eligible for service as long as you make the covered product reasonably accessible to the technician. We are not responsible for dismantling or reinstalling furniture or fixed infrastructures when removing or reinstalling repaired or replaced covered products into furniture or cabinets. Non-original parts may be used for repair of the covered product.
- REPAIR DEPOT SERVICE: If the covered product is not serviced on-site, it will be shipped to a designated repair depot for service. We will send you a prepaid shipping label and instructions for shipping your covered product to our authorized service center. Non-original parts may be used for repair of the covered product.
- REPLACEMENT EQUIPMENT: If we opt to provide you a replacement product, we reserve the right to take ownership of the original covered hardware. We may require that you return or send pictures of the original covered hardware to us for inspection as a condition to receiving a replacement product. We will pay shipping and handling costs associated with the return of the original covered product.
EQUIPMENT AND SERVICES NOT COVERED: Printer cleanings and annual preventative maintenance service are not covered under the GuardianPlus® Laser Printer Extended Service plan but can be requested by the client and provided at current T&M rates.
- Consumables, defined as paper, imaging supplies, and maintenance kits that are a manufacturer consumable.
- Accessories as defined by the manufacturer, which includes, but is not limited to, paper trays, stackable trays, delivery trays, network cards, memory, postscript, fonts cards, power cords, envelope feeders, sorters, collators, hard drives, communications software, firmware, and upgrades.
- User neglect and usage outside of the manufacturer’s suggested standard equipment use and environmental guidelines.
- Equipment damaged during client transportation.
- Equipment destroyed or damaged due to man-made or natural disasters.
- Equipment serviced by an unauthorized service provider while under the GuardianPlus® Laser Printer Extended Service Plan.
- During coverage, orders for toner or service from a company other than Supplier without authorization from GuardianPlus.
- Printers that can no longer be serviced due to manufacturer discontinued parts and availability.
SERVICE TIMES and LOCATIONS COVERED: Service hours are 8:00AM – 4:00PM CST Monday through Friday, service tickets from Saturday and Sunday’s will be responded to on the following Monday. Service for all equipment located anywhere in the 48 contiguous United States including AK, HI, PR and VI.
PRINTER REPAIR REQUEST PROCEDURE:
- In the event of printer failure, client will create a service ticket by sending an email to service@guardianplusllc.com.
We accept services requests seven days a week, 24 hours a day and 365 days a year (7x24x365). The cut off time for same day response is 1:00 PM Central Time (CT).
- The email message must include the following information when reporting a printer failure:
- Subject line:
- Company name, equipment brand and model
- Message should include:
- printer brand, model, serial number
- printer office location
- brief problem subscription
- user contact information: name, e-mail address, phone number, and shipping address.
- Client shall immediately receive a ticket generated confirmation from our ticketing system
- GuardianPlus Service Team will follow up with client until the service is completed