877-775-3274
 

ProtectCELL BUYBACKTM Plan Terms and Conditions

Form: PCB-NA-03102014

  1. INTRODUCTION TO PROTECTCELL BUYBACK PLAN
    1. ProtectCELL BUYBACK (the “BUYBACK Plan”) provides its members with an option to sell their personal wireless communications unit covered by the Buyback Plan (the “Unit”) to Digital Leash, LLC d/b/a ProtectCELL and, subject to the conditions and limitations of these Terms and Conditions (“Terms”), be compensated in accordance with the provisions below. The Buyback Plan may be purchased separately from an Authorized Dealer or as a component of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE.
    2. Please read the Terms carefully. The Terms are between Digital Leash, LLC d/b/a ProtectCELL (“ProtectCELL”) and any purchaser or acquirer of the Buyback Plan (“Plan Member” or “You” or “Your”) and establish and govern the respective rights and obligations of ProtectCELL and the Plan Member under the Buyback Plan. Upon the Plan Member’s purchase of the Buyback Plan, the Plan Member accepts, agrees to and shall be bound by the Terms. No employee, agent or representative of ProtectCELL or any Authorized Dealer (as defined below) or any employee or representative of an Authorized Dealer is authorized by ProtectCELL to (a) make any statement, representation or warranty on behalf of ProtectCELL or the Buyback Plan or provide any other information to the Plan Member regarding ProtectCELL or the Buyback Plan that is not expressly contained in the Terms or (b) waive, modify, amend or otherwise alter any provision of the Terms. In the event of any conflict between the Terms and any other statement, information or representation made by ProtectCELL, any Authorized Dealer or any of their respective employees, agents or representatives, the Terms shall govern and prevail. The Terms, Your sales receipts for the Buyback Plan and the Unit and any Buyback Plan materials authorized by ProtectCELL to be provided to you by an Authorized Dealer (the “Buyback Materials”) comprise the entire agreement between You and ProtectCELL relating to the Buyback Plan. Your sales receipts are integral parts of these Terms, and You may be required to produce them to process your Buyback request.
  2. PLAN REQUIREMENTS
    1. The Buyback Plan is available for purchase only by individuals eighteen (18) years of age or older, subject to the Terms
    2. The Plan Member must have purchased a Unit from one of ProtectCELL’s authorized dealers (each, an “Authorized Dealer”) or present and retain a copy of the original purchase receipt of the unit
    3. For iPhone devices and other devices with a locking software on their Unit, the Plan Member agrees to remove all security software and applications and disable all features that render the Unit inaccessible for Buyback evaluation by ProtectCELL prior to sending the Unit to ProtectCELL for Buyback evaluation.
    4. The Plan Member agrees to provide updated address information, respond to requests to update Plan Member’s contact information, and reply to emails from ProtectCELL Customer Service/Fulfillment to process Plan Member’s Buyback request. Failure to respond to correspondence from ProtectCELL related to the Plan Member’s Buyback request will void the Plan Member’s benefits under this plan after thirty (30) days.
  3. PLAN OVERVIEW
    1. ProtectCELL hereby grants to the Plan Member an option to sell to ProtectCELL, and upon the Plan Member’s exercise of such option in accordance with the terms of the Buyback Plan, ProtectCELL hereby agrees to buy from the Plan Member, the Unit at the Buyback Price (as defined below), subject to the terms and conditions set forth in these Terms (the “Option”).
      1. ProtectCELL has granted the Option to You in consideration of Your payment to ProtectCELL of a service fee for Buyback (the “Service Fee”) or as part of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE.
    2. Buyback applies to the original Unit You purchased or owned at the time Buyback becomes effective. You may be required to provide the original sales receipt or other verifiable documentary proof of Your purchase of the original Unit when exercising Your rights under Buyback.
    3. For Plan Members who purchased a ProtectCELL COMPLETE plan for their Unit and financed the purchase of the Unit through a carrier financing program, Buyback applies to the original Unit or the ProtectCELL Replacement Device provided to you as a benefit of your ProtectCELL COMPLETE plan. In the event the carrier financing program excludes from early upgrade credit a ProtectCELL Replacement Device issued to the Plan Member under the terms of the ProtectCELL COMPLETE plan, Plan Member may contact ProtectCELL to receive credit for the original financed Unit. Plan Member’s carrier statement must be submitted as proof of credit amount.
    4. The Buyback price for the Unit (“Buyback Price”) is the amount ProtectCELL agrees to pay You, the Buyback Member, for the Unit, if You exercise Your Option under Buyback within the Plan Term (as defined in Section 3.E.), subject to the terms and conditions of these Terms. ProtectCELL will pay the Buyback Price in the form of a store credit valid at the Authorized Dealer through which You purchased Your Unit and Buyback, or in the form of a rebate check issued after Your purchase of one or more additional products at such Authorized Dealer, or in the form of a check if no store credit or rebate program is available through such Authorized Dealer. The Buyback Price is based on a percentage of the actual Unit Retail Price for the hardware components of the Unit, not including any additional peripherals, software or services (the “Unit Retail Price”), at the time of Unit purchase (“Unit Purchase Date”). The Unit Retail Price is calculated before any instant savings applied at the point of purchase or any mail-in rebates or other price discount offers with respect to the Unit that are effective following Your purchase of the Unit. ProtectCELL will notify you of the Buyback Price applicable to Your Unit. For Plan Members who purchased a ProtectCELL COMPLETE plan for their Unit and financed the purchase of the Unit through a carrier financing program, the Buyback Price will never be less than the amount necessary to pay off any outstanding balance on the Plan Member’s carrier financing program for the Unit, subject to the terms of the respective carrier financing plan.
    5. The Buyback Price changes based on both the Period (as defined in Section 3.E.) during which the delivery package for the Unit sent to ProtectCELL is postmarked, and the condition of the Unit as assessed by ProtectCELL in its sole discretion upon its receipt of the Unit.
    6. The plan term (“Plan Term”) begins thirty (30) days after the effective date (“Effective Date”), which is the date on which You purchase the Buyback Plan by paying the Service Fee for the Buyback Plan, or another ProtectCELL plan that includes the Buyback Option, such as ProtectCELL COMPLETE, as applicable, and continues for twelve (12) consecutive months for a one (1) year plan, or twenty-four (24) consecutive months for a two (2) year plan. You may exercise the Option at any time during the Plan Term after the initial thirty-day (30-day) waiting period. For Plan Members who purchased their Unit using a carrier financing program, the waiting period is thirty (30) days. The Plan Term is divided into specific time periods (each, a “Period”), as described in the online terms of sale for the Plan or the Plan Materials, which online terms of sale are subject to change, without notice, from time to time at the sole discretion of ProtectCELL. ProtectCELL reserves the right to change the Plan Term at any time without notice.
    7. During the Plan Term, Plan Member may exercise his or her Option by (a) notifying ProtectCELL through the ProtectCELL website (www.protectcell.com) or by calling 1.877.775.3274, and (b) shipping the Unit to ProtectCELL with a postmark date during the Plan Term or the Grace Period (as defined in Section 3.F.1), provided that You are not in breach of any of the provisions of these Terms. ProtectCELL will contact you with the Buyback Price offer after completing the Condition Assessment of Unit and Buyback Price Calculation (as defined in Section 4.). You have five (5) days from the date ProtectCELL contacts You with the Buyback Price offer to decline the offer and request the return of Your Unit. If You do not respond to the Buyback Price offer within five (5) business days, ProtectCELL will process Your Buyback request at the Buyback Price offered.
      1. If You fail to exercise the Option during the Plan Term, You shall have thirty (30) days from the Expiration Date to postmark the Unit to ProtectCELL (“Grace Period”). If the Unit is postmarked during the Grace Period, ProtectCELL will reduce the Buyback Price associated with the last Period by 20%, unless ProtectCELL in its sole discretion grants an exception as described in Section 5.I.
      2. If ProtectCELL receives a Unit in a delivery package that is postmarked after the last day of the Grace Period and ProtectCELL has not granted an exception in accordance with Section 5.I., ProtectCELL may in its sole discretion consider the Buyback Plan terminated.
    8. If You so request, ProtectCELL will provide You with a pre-paid postage label for shipping the Unit to ProtectCELL that allows two days for delivery either via FedEx Ground or an equivalent package transportation carrier from within the continental United States either (a) through an interface on the ProtectCELL website, or (b) through an email link that provides You with the ability to print a shipping label. The Plan Member has the sole responsibility to request a shipping label, box and packing materials in advance of any deadlines in these Terms that the Plan Member wishes to meet and to postmark the delivery package for the Unit to ProtectCELL within the time required under these Terms. You must pay for and provide Your own shipping label and box if You intend to ship the Unit from outside the continental United States. FedEx or any other shipping entity used by ProtectCELL is not and shall not be construed to be an agent of ProtectCELL.
    9. If You use a postage label provided by ProtectCELL, the Unit must be shipped to the address specified on the postage label. If you do not use a ProtectCELL postage label, the Unit must be shipped to the address specified on ProtectCELL’s website.
    10. You bear all risk of loss and damage to the Unit during its shipping, until ProtectCELL has actually received the Unit. You have the sole responsibility for packing and shipping the Unit in a manner that ensures that it will not be damaged during its shipment. The risk of loss shall pass to ProtectCELL only upon its receipt of the Unit. If material loss or damage occurs to the Unit during shipping, You bear the risk of loss and Your rights under the Terms will automatically terminate without notice.
    11. ProtectCELL will retain all funds paid by You in consideration for the granting of the Option in the event that (a) the Option is not exercised before the end of the Grace Period, or (b) the Unit is considered Substantially Impaired (as defined in Section 4.1.2). ProtectCELL’s payment of the Buyback Price to You constitutes fulfillment of all of ProtectCELL’s obligations under these Terms and terminates the Buyback Plan.
      1. ProtectCELL shall use commercially reasonable efforts to make payment of the Buyback Price within fifteen (15) days following ProtectCELL’s receipt of the Unit, subject to the Condition Assessment set forth in Section 4.A. Upon ProtectCELL”s successful completion of the Condition Assessment and its subsequent notification to You by email or through a secure area of the ProtectCELL website of the successful completion of the Condition Assessment, ProtectCELL will acquire from You all rights, titles and interests in the Unit.
      2. You are responsible for paying and accounting for any sales tax that may be applicable to You in Your state of residency for Your sale of the Unit to ProtectCELL. ProtectCELL makes no representations or warranties regarding Your possible sales tax liabilities for this transaction. All sales tax liabilities for Your sale of the Unit to ProtectCELL are solely Your responsibility.
    12. If You purchased the Buyback Plan separately from another ProtectCELL plan, such as ProtectCELL COMPLETE or ProtectCELL DEVICE, You may cancel the Buyback Plan by delivering notice of cancellation to ProtectCELL and You are eligible for (a) a full refund of the Service Fee if you cancel the Buyback Plan within thirty (30) days after the Effective Date or (b) a full refund of the Service Fee less a processing charge of $15 if you cancel the Buyback Plan after thirty (30) days after the Effective Date. If Your Buyback Plan was bundled as part of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE, You are not entitled to receive an additional refund of the Service Fee for the Buyback component of another ProtectCELL plan, including ProtectCELL COMPLETE and ProtectCELL DEVICE.
  4. CONDITION ASSESSMENT OF UNIT AND BUYBACK PRICE CALCULATION
    1. If You exercise the Option under this Buyback Plan in accordance with these Terms, ProtectCELL in its sole discretion, or the discretion of any of its agents, reserves the right to adjust the Buyback Price according to its assessment of the condition of the Unit at the time the Unit is received by ProtectCELL (the “Condition Assessment”). As part of the Condition Assessment ProtectCELL will document the receipt and condition of the Unit through various means, including, but not limited to, taking a digital photograph of the Unit. Based upon the Condition Assessment, at its sole discretion ProtectCELL will classify Your Unit as either “Good” or “Substantially Impaired” according to the criteria described below. PLEASE NOTE that ProtectCELL will not make a claim on any warranty, extended warranty, service contract or insurance plan covering the Unit on Your behalf. You must make any warranty, extended warranty, service contract, insurance or other handset protection plan claim prior to sending the Unit to ProtectCELL.
      1. A Unit receiving the classification of “Good” is (a) fully functional, with normal visible wear and tear and (b) has been delivered to ProtectCELL with substantially all components, peripheral devices and all other accessories that originally shipped with the Unit. If ProtectCELL classifies the Unit as Good, no adjustment will be made to the Buyback Price.
      2. A Unit receiving the classification of “Substantially Impaired” is a Unit having one or more of the following characteristics or conditions: (a) the Unit has functional damage or product failure that affects its ability to perform its function or impairs its use and cannot be easily repaired; (b) one or more of the Unit’s components, peripherals, or accessories is missing or damaged and cannot be easily repaired or replaced; (c) the Unit has more than normal visible wear and tear, including, but not limited to, cracks, dents, scratches, dirt and user-added stickers, or (d) the Unit has been recalled by its manufacturer and has not been repaired or replaced prior to ProtectCELL’s receipt of the Unit. If ProtectCELL classifies the Unit as Substantially Impaired, the Buyback Price may be reduced by up to 50% or all of the Unit’s conditions or damage described above must be repaired either under Your warranty, extended warranty, service contract or other handset protection plan for the Unit or at Your sole expense prior to sending the Unit to ProtectCELL.
      3. A Unit receiving the classification of “Jailbroken” is a device that has been altered to permit root access to the operating system. ProtectCELL reserves the right to exclude any Jailbroken device from eligibility for the Buyback Plan Option.
      4. You must reset the Unit by erasing all content and settings on the Unit prior to sending it to ProtectCELL. ProtectCELL will return to You any Unit that has not been reset. You are solely responsible for backing up your data. ProtectCELL shall have no liability in the event that data remains visible on any Unit sold to ProtectCELL.
      5. Any Unit submitted to ProtectCELL for Buyback evaluation must be unlocked and fully accessible to ProtectCELL for evaluation. Plan Members submitting their Unit for Buyback evaluation must remove or disable any locking application, security PIN, and any other feature or application which would render the Unit inaccessible for evaluation by ProtectCELL, prior to sending the Unit in for evaluation.
    2. Any percentage change in the Buyback Price shall be a change based on the entire Buyback Price, exclusive of any other or prior change made by ProtectCELL in the process of calculating the Buyback Price.
  5. OTHER PLAN CONDITIONS
    1. Time is of the essence and is material to these Terms. At ProtectCELL’s option, ProtectCELL may cancel the Plan Member’s Buyback request and keep the Plan Member’s Unit submitted for Buyback evaluation in the event the Plan Member fails to respond to correspondence from ProtectCELL related to the Plan Member’s Buyback request within thirty (30) days of the date the Unit is received by ProtectCELL for evaluation. Plan Member agrees to release ProtectCELL from all liability in the event Plan Member’s Buyback request is cancelled due to Plan Member’s unresponsiveness, regardless of the cause.
    2. You assume all obligations and liabilities with respect to the possession of the Unit, and for its use, condition and storage during the Plan Term. You will, at Your own expense, maintain the Unit in good mechanical condition and running order. You agree to comply with all requirements necessary to enforce all rights and remedies under any warranty, extended warranty, service contract or insurance plan covering the Unit, and if the Unit breaks while covered under a warranty, extended warranty or service contract, You agree to cause the warranty or service contract issuer to perform the appropriate repairs before sending the Unit to ProtectCELL. Under the Terms of the Buyback Plan, ProtectCELL will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Unit.
    3. You warrant to ProtectCELL that You are the legal and beneficial owner of the Unit as of the Effective Date of the Buyback Plan. You further warrant that You have purchased the Unit either at the same time as or within thirty (30) days prior to Your purchase of the Buyback Plan, and agree that the Terms cover only the Unit and NOT any similar or alternative personal wireless communications unit except as specified in Section 5.I. ProtectCELL reserves the right to terminate the Buyback Plan if You cannot prove to ProtectCELL’s satisfaction that You purchased the Unit within thirty (30) days prior to the Effective Date of the Buyback Plan.
      1. You may be required to provide to ProtectCELL information from and/or copies of Your sales receipt for Your purchase of the Buyback Plan or another ProtectCELL plan that includes the Buyback Option, such as ProtectCELL COMPLETE or ProtectCELL DEVICE, as applicable, and Your sales receipt for Your purchase of the Unit, as well as any Plan Materials, as a condition to receiving the applicable Buyback Price under the Buyback Plan. YOUR ORIGINAL SALES RECEIPT FOR YOUR PURCHASE OF THE BUYBACK PLAN OR ANOTHER PROTECTCELL PLAN THAT INCLUDES THE BUYBACK OPTION, SUCH AS PROTECTCELL COMPLETE OR PROTECTCELL DEVICE, AS APPLICABLE, AND YOUR ORIGINAL SALES RECEIPT FOR YOUR PURCHASE OF THE UNIT AND ANY PLAN MATERIALS SHOULD BE KEPT WITH THIS AGREEMENT IN A SAFE PLACE.
      2. In order to receive the Buyback Price, the actual technical specifications of the Unit must match the technical specifications, including the serial number, (“Specifications”) of the Unit for which you purchased the Buyback Plan, except as specified in Section 5.I. In cases where the actual Specifications of the Unit You shipped to ProtectCELL do not match the Specifications of the Unit covered by the Buyback Plan, ProtectCELL may ask you to provide an original sales receipt for Your purchase of the Unit.
    4. You hereby agree to remove all personal, confidential, trade secret and/or proprietary information from the Unit prior to shipping the Unit to ProtectCELL. By exercising the Option You further agree to hold ProtectCELL and its agents, distributors and resellers harmless for any dissemination of such information through the resale by ProtectCELL of the Unit.
    5. You or Your business entity or any other entity must not attempt to purchase more than twenty-five (25) “Active” Plans from ProtectCELL. The Buyback Plan will be considered Active at all times between its Effective Date and the last day of its Grace Period or until the Option is exercised. ProtectCELL reserves the right to void any Buyback Plans purchased by the same individual, business or other entity while the individual, business or entity holds twenty-five (25) or more Active Plans.
    6. You acknowledge that ProtectCELL did not select, manufacture or supply any Units to You and that You have made the selection of the Unit based upon Your own judgment and expressly disclaim any possible reliance upon any statements made by ProtectCELL or its agents, other than those contained in these Terms.
    7. ProtectCELL’s Buyback Price calculation methodology is a trade secret and proprietary. Any attempt You may make improperly to obtain that information will result in the Buyback Plan’s termination at ProtectCELL’s discretion and may subject You to monetary damages and civil liability. ProtectCELL in its sole discretion may cause the Buyback Plan to be terminated as a result of any unauthorized use by You of the ProtectCELL website, including but not limited to, data mining, scraping, spidering, robotting, using automated means to access ProtectCELL’s website for any purpose, transferring of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer programming routines that may damage, harm, interfere or expropriate any of ProtectCELL’s website systems, programs, content, information or application. Such actions, including but not limited to those described above, may also subject You to monetary damages and civil liability.
    8. If the Unit is being repaired or replaced by a warranty, extended warranty or service contract provider or a manufacturer as the result of a product recall at the time of the Expiration Date, You may qualify for an exemption from the Expiration Date and/or Grace Period at ProtectCELL’s sole discretion. Your completion of the following steps is required in order to qualify for this exemption:
      1. Notify ProtectCELL that the Unit is being repaired under a warranty, extended warranty or service contract or has been recalled by its manufacturer, by email or registered United States Mail, within three (3) days of sending or delivering the Unit for warranty or service contract repair and on a date that is prior to the Expiration Date; and
      2. Send in the Unit to ProtectCELL within three (3) days of receiving it from the warranty or service contract issuer or manufacturer; and
      3. In the same package in which You send the Unit to ProtectCELL, include the documents for either (a) the warranty or service contract return from the warranty or service contract issuer or (b) the recall from the manufacturer, which identifies the date You sent or delivered the Unit to the warranty issuer or manufacturer and the date You received the repaired Unit from the warranty or service contract issuer or manufacturer.
    9. ProtectCELL at its sole discretion may grant you an exemption from the Specification requirements in Section 5.C.2) if the Unit is replaced by a warranty or service contract provider or a manufacturer as the result of a product recall. To qualify for this exemption, You must complete each of the following steps:
      1. Notify ProtectCELL by email or registered United States Mail of the serial number within ten (10) days of receiving the replacement Unit; and
      2. Include the original paperwork for the warranty or service contract replacement or recall replacement from the warranty or service contract issuer/manufacturer that clearly identifies the serial number of the original Unit and the serial number of the replacement Unit in the same package in which You send the Unit to ProtectCELL.
    10. You may transfer this Buyback Plan to an eligible party to whom You sell or gift ownership of the covered Unit during the Plan Term by notifying ProtectCELL of the new owner’s email address through an interface on ProtectCELL’s website. ProtectCELL may charge You or the transferee up to $30 for Your transfer of the ownership of this Buyback Plan.
  6. PLAN ADMINISTRATION
    1. Your rights under these Terms, including, without limitation, the payment of the Buyback Price, are expressly contingent upon Your full compliance with each of the requirements set forth in these Terms. All eligibility and other matters relating to Your purchase or use of this Buyback Plan will be determined by ProtectCELL in its sole discretion, and each such determination will be binding on You.
  7. MISCELLANEOUS
    1. The Buyback Plan and the Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
    2. Whenever possible, each provision of the Terms shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms shall be determined to be invalid or unenforceable to any extent under Delaware law, and the extent of such invalidity or unenforceability does not destroy the basis for the bargain between the parties as expressed herein, then (a) such provision shall be deemed severed from the Terms with respect to such circumstance, without invalidating the remainder of the Terms or the application of such provision to other circumstances, and (b) a new valid and enforceable provision, which accomplishes the intent of the parties hereto as evidenced by the provisions so severed, shall be deemed substituted in lieu of the invalid or unenforceable provision.
    3. The Terms, including any documents referenced herein, represent the entire understanding between ProtectCELL and the Plan Member with respect to the Buyback Plan and supersede any other agreements, statements or representations.
    4. No waiver by ProtectCELL of any breach of this agreement shall be considered as a waiver by ProtectCELL of any subsequent breach of the same or any other provision hereof.
    5. ProtectCELL may, in its sole discretion, change the Terms at any time without notice or liability to You by posting a revised Terms on the ProtectCELL website. Any changes shall take effect immediately, unless otherwise provided. The Plan Member may view the current version of these Terms at any time by visiting the ProtectCELL website. The Plan Member may also obtain a copy of the Terms at an Authorized Dealer or by contacting ProtectCELL in accordance with Section 10.A.
    6. ProtectCELL may terminate the Buyback Plan at any time with or without notice to the Plan Member. In the event of ProtectCELL’s termination of the Buyback Plan, Plan Member will be entitled to a pro rata refund of the Service Fee based on the number of days remaining in the Term.
  8. ARBITRATION
    1. In the event of any dispute among the parties as to the interpretation of any provision of these Terms or the rights and obligations of any party hereunder, such dispute shall be resolved through binding arbitration as hereinafter provided.
    2. If arbitration is required to resolve a dispute among the parties, the parties will notify the Detroit Regional Office of the American Arbitration Association (“AAA”) located in Southfield, Michigan, and request AAA to select one person to act as the arbitrator for resolution of the dispute.
    3. The arbitrator selected pursuant to Section 8.B. will establish the rules for proceeding with the arbitration of the dispute, which will be binding upon all parties to the arbitration proceeding. The arbitrator may use the rules of the AAA for commercial arbitration but is encouraged to adopt the rules the arbitrator deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible.
    4. The arbitrator will have the exclusive authority to determine and award costs of arbitration and the reasonable expenses and costs incurred by any party for its attorneys, advisors and consultants.
    5. Any award made by the arbitrator shall be binding on the Plan Member and ProtectCELL and shall be enforceable to the fullest extent of the law.
    6. Nothing in this Section 8 shall preclude ProtectCELL from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).
    7. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action, multiple plaintiffs, consolidated, or similar basis, or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between You and ProtectCELL alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
  9. DISCLAIMERS; LIMITATION OF LIABILITY
    1. THE BUYBACK PLAN IS NOT AN INSURANCE POLICY OR A CONTRACT OF INSURANCE OR AN EXTENDED WARRANTY OR SERVICE CONTRACT.
    2. THE PLAN MEMBER’S USE OF THE BUYBACK PLAN IS AT THE PLAN MEMBER’S SOLE RISK.
    3. PROTECTCELL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (“PROTECTCELL ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLAN WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    4. PROTECTCELL ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (A) THE PLAN WILL MEET THE PLAN MEMBER’S REQUIREMENTS, (B) THE PLAN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE PLAN MEMBER FROM MEMBERSHIP IN THE PLAN WILL MEET PLAN MEMBER’S EXPECTATIONS.
    5. PROTECTCELL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTECTCELL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE PLAN, ANY TRANSACTIONS ENTERED VIA USE OF THE PLAN OR ANY OTHER PRODUCTS, SERVICES OR OTHER ITEMS FURNISHED BY PROTECTCELL UNDER THE PLAN.
    6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  10. PROTECTCELL CONTACT INFORMATION
    1. You may contact ProtectCELL by phone at 1.877.775.3274; by email at info@protectcell.com; or by writing ProtectCELL at 39500 High Pointe Blvd., Suite 250, Novi, MI 48375.