AAPP Protection Plan Terms & Conditions
1. DEFINITIONS:
“We”, “Us” and “Our” shall mean the obligor of this Protection Plan.
Administrator shall mean Unique Marketing Of Central Florida, Inc. (Unique Marketing), located at 3225 S MacDill Ave, Ste. 345Tampa, FL 33629
with a telephone number of 1-800-894-3209.
“You”, “Your” shall mean the individual or entity who purchased this Protection Plan
The following terms are used in the Order Summary:
Protection Plan Price: The price You paid for this Protection Plan is $5.99/month.
Coverage Start Date: This is the date when coverage starts under this Protection Plan.
Waiting Period: This is the amount of time, varying from zero (0) to thirty (30) days, between the Protection Plan purchase date and the Coverage Start Date, during which if any issues occur, they are considered pre-existing conditions and render the item ineligible for coverage under this Protection Plan. A Waiting Period applies to Protection Plans purchased for refurbished items and Protection Plans purchased subsequent to the purchase of Your Covered Product. Any applicable Waiting Period does not affect Your coverage under any manufacturer’s warranty. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage We will cancel Your Protection Plan and provide You with a full refund of the Protection Plan Price.
Coverage Term or Term: Coverage is month to month, or year to year for the legal program. The Protection Plan is inclusive of any US manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. The Term of this Protection Plan is extended for the duration of any time that the item is being repaired under this Protection Plan.
Coverage Amount: The purchase price of the Covered Product.
Deductible: The applicable deductible, if any, for claims.
2. COVERAGES AND TERMS:
This Protection Plan will cover a mechanical or electrical failure of the Covered Product in section A below during normal usage for the Term of this Protection Plan. This Protection Plan is inclusive of any manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our sole option.
This Protection Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 9, “WHAT IS NOT COVERED.” Specific details about Your coverage under this Protection Plan are provided in the Order Summary. For online assistance, visit www.aapp.club.
A. CELL PHONES
This Protection Plan provides coverage for parts and labor costs to repair or replace Your Product where the problem is the result of a failure caused by:
Normal wear and tear;
Accidental damage from handling, such as damage from drops associated with the handling and use of Your Product, if the coverage has been offered and purchased at the time of sale with Your Protection Plan;
One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return Your original defective battery to Us to receive a replacement battery;
Damaged or defective buttons or connectivity ports located on Your Product;
Dust, internal overheating, internal humidity/condensation;
Defects in materials or workmanship;
Operational failure resulting from a power surge while properly connected to a surge protector. You may be asked to provide Your surge protector for examination.
4. WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE:
File a claim online at www.aapp.club or Call Us toll-free at (800) 894-3209 and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, You will be directed to an authorized service center.
5. HOW WE WILL SERVICE YOUR PRODUCT:
Depending on the Product and failure circumstances, We will either, at Our discretion:
A. Repair Your Product, or;
B. Replace Your Product with a product of like, kind, quality, and functionality.
6. PLACE OF SERVICE:
We will provide a free pre-paid shipping label to Our authorized service center for repair, replacement, or settlement. You will be responsible for the safe packaging and shipment of Your Product. If upon inspection, Your Product is determined to have experienced a failure which is covered by Your Protection Plan, We will service Your Product within seven (7) days of our authorized service center’s receipt of Your Product. If We fail to repair, payout, or replace Product within seven (7) business days of receiving it, We will continue to service Your Product and the cost of Your Protection Plan will be refunded to You at Your request. If the authorized service center determines Your Product is in working condition or is not covered by Your Protection Plan, We will return Your Product to You or dispose of it at Your request.
7. LIMIT OF LIABILITY:
The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under this Protection Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
8. YOUR RESPONSIBILITIES:
A. Provide Us with a complete copy of proof of purchase. You can send Us a digital copy through www.aapp.club and We can store it for You or You can provide such proof of purchase at the time You make a claim.
B. Purchase the All American Protection Plans for Your Product
C. Properly maintain, store and use Your Product according to the manufacturer’s instructions.
9. WHAT IS NOT COVERED:
A. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan;
B. Intentional damage;
C. Lost, stolen, or irretrievable items;
D. Any product that is fraudulently described or materially misrepresented
E. Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer’s specifications and owner’s manual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, battery leakage, an act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods, and earthquakes), or any other peril originating from outside the product;
F. Defects due to the initial installation, assembly, or hookup of Your Product;
G. Cases wherein the manufacturer acknowledges the existence of a valid manufacturer’s warranty and denies a claim against the manufacturer’s warranty;
H. Claims made under any improperly or incorrectly purchased Protection Plan;
I. Cosmetic damage to the case or cabinetry or other non-operating parts or components which does not affect the functionality or the covered product;
at the time of sale with Your Protection Plan;
J. Consumer replaceable or consumable items such as but not limited to toner, ribbons, ink cartridges, drums, belts, printer heads, belts, blades, strings, trim etc.;
K. All equipment intended for heavy commercial or industrial use such as industrial printers or IT equipment; riding mowers or backhoe type products;
L. Product(s) with removed or altered serial numbers;
M. Manufacturer defects or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
N. Failures related to shipping damage, cleaning, preventive maintenance, “No Problem Found” diagnosis, intermittent and non-intermittent issues that are not product failures(such as poor cell phone reception);
O. Items sold in a private sale(i.e. flea market, yard sale, estate sale, craigslist).
10. FREE SHIPPING:
This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.
11. CANCELLATION:
You may cancel this Protection Plan for any reason at any time. To cancel it, log in to www.aapp.club or contact Us toll-free at (800) 894-3209. Refund requests will be issued within 3-5 business days. No fees or past claims shall be deducted from the refund and the refund will be sent to You within ten (10) business days from the cancellation request.
We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If this Protection Plan was inadvertently sold to you on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to You. Written notice which includes the effective date of cancelation and reason for cancellation, will be mailed to You at least 30 days prior to termination.
12. ARBITRATION:
Any controversy or claim arising out of or relating to this Protection Plan, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this Arbitration provision, We both give up the right to resolve any controversy or claim arising out of or relating to this Protection Plan by a judge and/or a jury. Prior to filing any arbitration, We jointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us. If You are successful in obtaining an arbitration award against us greater than $500, We agree to pay all arbitrator fees and expenses.
We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other. The laws of the state of California (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Protection Plan and all transactions contemplated by this Protection Plan, including, without limitation, the validity, interpretation, construction, performance, and enforcement of this Protection Plan. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.