Please read the following terms carefully. By purchasing Moto Care Screen Protect, You acknowledge and agree that You accept the terms and conditions set forth below.
1. WHAT THIS AGREEMENT COVERS
These Moto Care Screen Protect Terms and Conditions (“Agreement”) is the complete agreement between you (“You” or “Your”) and Motorola Mobility LLC (“Motorola” or “Us” or “Our” or “We”) regarding the limited warranty that You will receive when you purchase the Moto Care Screen Protect accessories and service bundle (the “MCSP Bundle”), and register the MCSP Bundle on Your applicable Motorola mobile device (“Product”) as specified in the MCSP Bundle. This Agreement is not transferrable to any other individual or to any other device, and is applicable only to the Product on which the MCSP Bundle is registered. This Agreement supersedes and replaces any prior oral or written communications between You and Motorola regarding the MCSP Bundle for the relevant Product. Any additional or different terms in any order or written communications from You shall be void and of no effect. This Agreement does not, however, replace the manufacturer’s warranty for Your Product. Unauthorized repair of the Product under this Agreement may void this Agreement and the manufacturer's warranty. The MCSP Bundle purchased under this Agreement will be provided as described in this Agreement. You should keep this document and Your receipt for the MCSP Bundle, as they may be necessary in order to receive services under this Limited Warranty. The MCSP Bundle is available solely in the United States. MCSP Bundles may be available in other countries or regions at Motorola’s discretion.
- 2. BUNDLE CONTENTS
The Moto Care Screen Protect Bundle includes the Motorola Case and Screen Protector, along with the applicable Moto Care Warranty Card, purchased for Your Product.
- 3. WHAT IS COVERED
If damage occurs to the LCD and/or digitizer screen of Your Product on which the MCSP Bundle is registered during normal use resulting from the failure of the case and/or screen protector included in the MCSP Bundle to protect the screen of Your applicable Product (“Screen Protection Coverage”), Motorola will, at our sole discretion, repair/replace the screen of the Product or, if the screen is not repairable, replace Your Product with a new device of equal or greater value, at Motorola’s discretion. If Motorola opts to replace Your Product, the warranty services offered under the MCSP Bundle will be transferred to such new device. Screen Protection Coverage does not include liquid damage, as damage from liquid is NOT covered by the limited warranty provided under the MCSP Bundle or this Agreement. Other events and examples of what is not covered are set forth below
- 4. WHAT IS NOT COVERED
This Agreement covers the repair or replacement of the screen of Your Product only (and in many instances, the Motorola Screen Protector), and does not cover:
- i. Screen or Product repairs that are covered by the standard manufacturer’s warranty or any added Extended Warranty Service, or are a result of a recall or a published manufacturer’s defect;
- ii. Replacement of the Motorola Case in connection with any Product repair;
- iii.Screen damage due to liquid ingress (water damage);
- iv. Cleaning or preventative maintenance;
- v. Conditions existing as of the date of registration of the MCSP Bundle;
- vi. Damage that occurs when both elements of MCSP Bundle were not being used at the same time, or damage caused by the use of any protective case or screen protector other than the Motorola Case and Motorola Screen Protector contained in the MCSP Bundle;
- vii. Physical wear and tear due to normal aging of the Product, including deteriorating expected over time;
- viii Damage from abuse, misuse, unauthorized modification, operating a Product outside its permitted or intended uses, unsuitable physical or operating environment, improper maintenance by anyone other than Motorola authorized service providers, removal of original parts or alteration of a Product or identification labels;
- ix. Damage caused by a product not covered under this Agreement or caused by biohazards or human or animal bodily fluids;
- x. Any other loss other than Screen Protection Coverage;
- xi. Screen damage that is not reported during the Term; or
- xii. Damage from fire, flood, or natural disaster, war, terrorism, or acts of God.
- 5. REGISTRATION
To qualify for the warranty services provided under the MCSP Bundle, You must register the MCSP Bundle on Your applicable Product within thirty (30) days of purchasing such MCSP Bundle. In order to register Your Product, You need to: (i) download the Moto Care Screen Protect app from Google Play; (ii) begin the registration process by submitting your Product IMEI number, scanning the barcode on Your Warranty Card (or entering the registration code), entering Your email address and Order Number, and providing any other relevant information, and (iii) use the Moto Care Screen Protect app to complete the diagnostic process, which will include a few tests to make sure that the Product is in working order. The tests will include (a) a hardware test to check the display and touch screen, where Your screen will turn red, then green, then blue; and (b) a screen verification, where You will be asked three (3) questions to determine the condition of Your Product.
If Your Product fails the diagnostic tests, it does not qualify for the limited warranty offered under the MCSP Bundle and cannot be registered. In such case, You may return Your MCSP Bundle for a full refund within thirty (30) days of purchase of such MCSP Bundle. Contact the retailer from which you purchased Your MCSP Bundle for details. As a reminder, this limited warranty service is also effective only if You complete the registration process within thirty (30) days of Your purchase of MCSP Bundle.
- 6. COVERAGE PERIOD
The period of warranty service coverage under the MCSP Bundle shall begin on the date of purchase of the MCSP Bundle (which must be registered within thirty (30) days of purchase of such MCSP Bundle), and continues for the earlier of: (i) 24 months; or (ii) upon the screen on the Product having been repaired three (3) times within such coverage period (“Term”). Warranty services under the MCSP Bundle will expire on the last day of the twenty-four (24) month period immediately following such registration date, if not terminated sooner in accordance with this Section 5. The limited warranty coverage provided under the MCSP Bundle will terminate immediately (a) if you reject these terms within thirty (30) days of purchasing the MCSP Bundle, (b) if Your Product fails the hardware diagnostics testing, or (c) upon attempting to transfer the MCSP Bundle to a new or different device. In the event of termination under subsections (a) or (b) above, You may return Your MCSP Bundle to the retailer from which you purchased for a full refund.
- 7. CANCELLATION
You may cancel this Agreement at any time for any reason. If You cancel this Agreement within thirty (30) days of the date purchased You may return the MCSP Bundle for a refund of the full purchase price less any claims. If You cancel this Agreement thereafter, You will not be entitled to a refund of any portion of the purchase price.
- 8. TERRITORY
The warranty services provided under the MCSP Bundle are limited to the United States, including the District of Columbia, only. It does not include Canada, Mexico, or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
- 9. SCREEN REPAIR/REPLACEMENT
In the event of a Screen Protection Coverage incident during the Term of this Agreement, please go to https://motorola-global-portal.custhelp.com/app/mcp/service to log in your repair request and follow the directions provided to mail in Your Product. Once Motorola authorizes Your claim, We will at Our sole discretion (i) repair/replace the screen of Your Product with new or refurbished parts, or (ii) if We determine that the screen cannot be repaired, if parts are no longer available, or if parts have been discontinued then, We will instead replace Your Product with another device of equal or greater value, at Motorola’s discretion. Any such replacement will be in lieu of a repair, and will be Your exclusive remedy in the event the Product is not repairable. Parts will be replaced with those of like kind and quality manufactured by Motorola or manufacturer of the MCSP Bundle components. If the screen of Your Product is able to be repaired/replaced under the terms hereof, service will be provided by one of Motorola’s authorized service centers, whereby any such repair/replacement for any Screen Protection Coverage will be done at no cost to You. You may be asked to provide proof of purchase as a condition to receiving service under this Agreement. Your original purchase receipt should be kept with this Agreement in a safe place. We will also replace, at no cost to You, the screen protector for the Product. But remember, for the repair/replacement to be covered, the incident resulting in Screen Protection Coverage must have happened while the MCSP Bundle was installed on the Product and You must have registered the MCSP Bundle within thirty (30) days of Your purchase. You are responsible to backup all Product software and data prior to commencement of screen repair/replacement. In the event the Product has damage that is not covered under Screen Protection Coverage, then Motorola (or its authorized service center or subcontractors) may still be able to fix the screen of Your Product, but it will not be free, and the cost will be determined by Motorola and You will need to pay for the cost of any damage that is not covered under this Agreement.
- 10. IF JUST THE SCREEN PROTECTOR AND/OR PROTECTIVE CASE BREAK
The limited warranty provided under the MCSP Bundle and this Agreement does not cover damage to the Motorola screen protector or protective case, which are covered by their manufacturer warranties. If just the Motorola screen protector and/or protective case provided in Your MCSP Bundle break, please contact customer support by email at email@example.com or by phone at 1-888-212-3511.
- 11. PAYMENT
Payment must be received for the MCSP Bundle by Motorola, and the MCSP Bundle must be registered to the applicable Product, in advance of providing any warranty services under the MCSP Bundle.
- 12. WARRANTY
Motorola warrants that services will be performed using reasonable care and skill.
EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, MOTOROLA MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OR USE OF THE MCSP BUNDLE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED $150.
THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH MOTOROLA IS LIABLE UNDER LAW.
- 13. GENERAL
Any information exchanged between us is not confidential or proprietary, including any information you disclose over the phone or electronically. Motorola and our related companies may process, store and use information about your transaction and your contact information, including – as far as provided by you to Motorola for this purpose – name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction and to provide the services hereunder. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, and to the extent permissible, we may use this information to inquire about your satisfaction with our products or services or to provide you with information about other products and services. You may decline to receive any further such communications from us at any time. In accomplishing these purposes, we may transfer your information to any country where we do business; we may provide it to entities acting on our behalf; or we may disclose it where required by law. We will not sell or otherwise transfer personally identifiable information you provide to any third parties for their own direct marketing use without your consent. For more information regarding how we may collect, store and use your personal information, please review the Motorola Product Privacy Statement, available at: https://www.motorola.com/us/legal/product-privacy.
If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in full force and effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
Each of us grants the other only the rights specified in this Agreement. No other license or rights (including license or rights under patents) are granted by either of us to the other. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent.
Neither of us will bring a legal action arising out of or related to this Agreement or Service more than two years after the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract.
Neither of us is responsible for the delay in fulfilling or failure to fulfill obligations due to causes beyond their control.
Either of us may communicate with the other by electronic means and such communication is deemed to be in writing to the extent permissible under applicable law. An identification code contained in an electronic document shall be sufficient to verify the sender’s identity and the authenticity of the document.
Each of us will comply with any laws and regulations that are applicable to this Agreement.
Motorola may assign this Agreement at any time upon written notice including but not limited to an affiliate or to our successor organization by merger or acquisition and does not require your consent. Motorola may also assign its rights to payments under this Agreement without your consent. You may not assign this Agreement.
Any terms which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and shall apply to our respective successors and assigns.
Both you and Motorola consent to the application of the laws of the jurisdiction where the service is purchased to govern, interpret, and enforce our respective rights, duties, and obligations under or relating to this Agreement, without regard to conflict of law principles. Each of us hereby waives our right to a jury trial in any action arising under or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Motorola Customer Service Contact: https://motorola-global-portal.custhelp.com/app/mcp/contactus