Protection Plan Terms & Conditions

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SERVICE CONTRACT COMPREHENSIVE COVERAGE

SERVICE CONTRACT
This document sets forth the entire Contract between the Service Contract Administrator, Service Net Solutions, LLC ("Service Net") hereinafter referred to as We, Us and Our, and, the Purchaser, hereinafter referred as You and Your. No representation, promise or condition not contained herein shall modify these terms. We are contractually obligated to You to provide service under this Contract in accordance with, and as allowed by state law. If this Contract is purchased in Florida or Oklahoma, New Hampshire Insurance Company is contractually obligated to You to provide service under this Contract.
  1. WHAT IS COVERED. We will replace the original purchased Product specified on Your Barnes & Noble order with a new or certified pre-owned unit, provided such replacement is authorized and necessitated by Product operational or mechanical failure during normal usage, or by ADH (described below). Coverage does not apply to accessories that are used in conjunction with or to enhance the performance of the covered Product.
  2. TO OBTAIN AUTHORIZATION FOR REPLACEMENT.
    • You must obtain authorization prior to the receipt of a replacement Product by calling 1-800-843-2665.
    • Have the Barnes & Noble serial number of your Product available.
    • Instructions on obtaining a replacement will be given.
    • Once authorization is obtained, You will be required to return the Product using a prepaid shipping label provided by Us.
    • You will be required to provide a credit card to secure the return of Your failed Product. If You do not return the failed Product within a reasonable time period (which will be communicated to You at the time of Your claim), Your credit card will be charged for the replacement unit.
    • At Our determination, You will receive a replacement Product of like grade and quality. The replacement Product may at Our option be a future version or edition of Your original Product. In all cases where a replacement cannot be made, You will receive reimbursement for the original purchase price of the Product, excluding sales tax and delivery charges.
    • We reserve the right to replace the Product with a remanufactured or certified pre-owned Product.
    • The replacement Product will be mailed to You at no cost.
  3. LIMIT OF LIABILITY. Maximum liability under this Contract shall be the original purchase price of the Product, excluding sales tax and delivery charges. This Contract will expire upon the earliest of (a) the date We reimburse You for the original purchase price of Your Product; (b) the date We have, as a result of services and/or replacement products provided to You, incurred costs under this plan equal to the original purchase price of Your Product; or (c) the expiration date. ADH Coverage (described below) is limited to one (1) replacement during the term of this Contract.
  4. WAIT PERIOD. This contract does not have a wait period.
  5. TERM OF COVERAGE. Coverage begins at the date of Product delivery and ends two-years from the delivery date or expiration date, if sooner.
  6. ACCIDENTAL DAMAGE FROM HANDLING (ADH). Your Product is protected against accidental damage from handling. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the Limitations of Coverage section. Any resultant damage from this type of treatment is NOT covered by this ADH program. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information will result in claim denial. ADH coverage is limited to one (1) replacement during the term of this Contract.
  7. DEDUCTIBLE. No deductible applies to this Contract.
  8. RENEWABILITY. This Contract is not renewable.
  9. LIMITATIONS OF COVERAGE This Contract Does Not Cover:
    1. Any equipment located outside the United States.
    2. Service or replacement required as a result of any alteration of the equipment, or repairs made by anyone other than a participating servicing dealer, an authorized service provider, its agents, distributors, contractors or licensees, or the use of supplies other than those recommended by the manufacturer.
    3. Damage or other equipment failure due to the failure to maintain the equipment according to the owner's manual instructions (except ADH claims), abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, acts of war, acts of God or other force majeure events. D. Service or replacement necessary because of improper storage, improper ventilation, reconfiguration of equipment, or the failure to place the equipment in an area that complies with the manufacturer's published space or environmental requirements.
    4. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used. Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment.
    5. Equipment used commercially or in a commercial setting or equipment sold as a rental.
    6. Cosmetic damage such as, but not limited to scratches, dents, rust, stains.
    7. Nonfunctional parts such as, but not limited to, plastics or finishes. Expendable or lost items, such as, but not limited to ear buds or head phones.
    8. Consumable items; consumable items are defined as any part that is considered consumable by the manufacturer and/or any item that is designed to be consumed (wear out) during the life of the Product, regardless if it is consumer replaceable or not.
    9. Pre-existing conditions (incurred prior to the effective date of coverage) known to You.
    10. In-warranty parts not provided or shipped by the manufacturer. Operational or mechanical failure covered by manufacturer's recall, manufacturer's warranty extension, or factory bulletins, (regardless of whether or not the manufacturer is doing business as an ongoing enterprise).
    11. Consequential damages as a result of malfunctioning of or damage to an operating part of the covered equipment, or damages as a result of any repairs or replacements under this agreement. Damages caused by delays in rendering service or loss of use during the period that the Product is at the authorized service center or otherwise awaiting parts are not covered. You are responsible for creating back-ups of all Your data and software on a regular basis.
    12. Operational or mechanical failure which is not reported prior to expiration of this Contract.
    13. Equipment sold without a manufacturer's warranty or sold "as is" is not covered.
    14. Loss or damage as a result of violation of existing federal, state and municipal codes including, but not limited to power surge and spike resulting from a violation of those codes.
    15. Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal. Short circuit, loss of use, lack of maintenance, bodily injury, adjustments, periodic checkups or maintenance.
    16. Any cost recoverable under an insurance policy (in such case, this Contract will cover any applicable deductible).
    17. Any software, including but not limited to, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data.
    18. Equipment where the serial number does not match the Product covered under this Contract.
  10. CANCELLATION AND REFUND. You may cancel this Contract at any time for any reason if You have not had a claim. If You cancel this Contract within sixty (60) days of the date purchased and have not filed a claim You will receive a refund of the full purchase price. If You cancel this Contract thereafter and have not filed a claim, You will be refunded the remaining days of coverage on a monthly prorated basis. You nor the seller nor We are obligated to renew this Contract beyond the current term.
  11. STATE VARIATIONS. Certain states requires additional terms and conditions that are available, prior to purchase, at each store location, by visiting www.bn.com/nook/protectionplan/statevariations or by calling 1-800-843-2665 which are hereby incorporated by reference
  12. TRANSFERABILITY. You may transfer this agreement to any person by sending written notice to: Service Net, P.O. Box 1411, Jeffersonville, IN 47131-1411.
  13. NOVATION. If We assign another insurance carrier with an "AM Best" industry rating of A- or better under this Contract directly or indirectly, such new insurance carrier will carry the liability under this Contract.
  14. RIGHT TO RECOVER FROM OTHERS. If We make any payment, We are entitled to recover what We paid from other parties. By accepting settlement of a claim, You transfer to Us Your right to recovery against any other party.
  15. COVERAGE AND TERM. This is not an Insurance Policy. As the Administrator, We will assist You in understanding Your warranty and coverage benefits from the day You purchase Your Plan. If Your Product needs repair for operational or mechanical failure, You are required to call the toll free number 1-800-843-2665 If We fail to pay or provide service on a claim within 30 days after proof of loss has been filed, or in the event We are no longer a going concern, You are entitled to make a written claim directly against the Insurer, New Hampshire Insurance Company or Illinois National Insurance Company, 175 Water Street, 20th Floor, New York, NY, 10038. Telephone 1-800-250-3819. Please enclose a copy of Your plan when sending correspondence to the Insurer. There are some limitations of coverage. You should review the limitations of coverage paragraph for details.
  16. ENTIRE CONTRACT. This is the entire Contract and no oral modifications are valid.
  17. LIMITATION OF LIABILITY. THE SELLER, SERVICE NET, THEIR AGENTS, CONTRACTORS OR LICENSEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOST REVENUE OR PROFIT, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED EQUIPMENT. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
  18. MANUFACTURER'S WARRANTY. This Contract does not replace or change the terms and conditions of the manufacturer's warranty.
If You have any questions, require customer service, or wish to report a claim, please contact: 1-800-843-2665.
State Variations
AL The use of non-original manufacturer's parts is allowed under this Contract. If no claim has been made under this Contract, You may return this Contract within twenty (20) days of the date the Contract was mailed to you, or within ten (10) days of delivery if the Contract was delivered to you at the time of sale. In such a case, this Contract will be void and the Administrator will refund to You the full amount of the purchase price of this Contract. A ten percent (10%) penalty per month applies to any refund not paid or credited within forty-five (45) days after return of the service contract. This right to void the Contract is not transferable and applies only to the original Contract purchaser. If You cancel this Contract otherwise, You will be provided a pro rata refund less an administrative fee of twenty-five ($25) dollars. In the event that We cancel this Contract for any reason, except nonpayment of the Contract fee or a material misrepresentation by you, We shall provide You with written notice of such cancellation at least five days prior to the effective date of the same.
 
AZ The Cancellation section of this Contract is deleted in its entirely and replaced with the following: If this Contract is canceled You will be provided a pro rata refund after deducting for administrative expenses not to exceed twenty-five ($25) dollars associated with the cancellation. Further, We will not cancel or void this Contract due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. No claim incurred or paid will be deducted from the amount to be returned. Neither We, Our assignees, nor Our subcontractors will cancel or void coverage under this Contract due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner. The Provider is Service Net Solutions, LLC located at 650 Missouri Ave., Jeffersonville, IN 47130, Telephone number 1-800-343-4441.
 
CA If You cancel this Contract within 30 days from the date of receipt, You will receive a full refund of the purchase price less the cost of any claims paid. If You cancel this Contract after 30 days from the date of receipt, You shall receive a pro rata refund of the purchase price less any claims paid. If You cancel this Contract, You must provide written notice of cancellation to the Administrator at the address below. In addition, the Administrator may assess a cancellation or administrative fee, not to exceed ten (10) percent of the price of the Service Contract or twenty-five ($25) dollars, whichever is less. Informal dispute resolution is not available under this Contract. California law requires the Dealer be contractually obligated to you to provide service. The Administrator is Service Net Solutions, LLC located at 650 Missouri Ave., Jeffersonville, IN 47130.
 
CT This Contract is automatically extended while the product is being repaired. You may cancel this Contract if You return the product or the product is sold, lost, stolen, or destroyed. Resolution of Disputes: If You purchased this Service Contract in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Contract. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Contract.
 
FL If You cancel this Contract, return of premium will be based upon ninety percent (90%) of unearned pro rata premium less any claims that have been paid or less the cost of repairs made on Your behalf. If We cancel this Contract, return of premium will be based upon one hundred percent (100%) of unearned pro rata premium.
 
GA The Administrator may not cancel this Contract except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. You may cancel this Contract at any time. Cancellation will comply with Section 33-24-44 of the Georgia Code. Refunds will be based on the excess of the consideration paid for this Contract above the customary short rate for the expired term of the Contract. If cancelled by Administrator, refund will be on a pro-rata basis. Claims paid shall not be deducted from any refund owed.
 
HI Any refund not made within forty-five (45) days shall include a ten percent (10%) per month penalty. This contract does not cover consequential damages or pre-existing conditions. In the event We cancel this contract, we shall provide five (5) days prior notice of such cancellation which notice shall include the effective date of cancellation.
 
IL If no claim has been made under this Contract, You may return this Contract within thirty (30) days of the date of contract purchase. Any cancellation of this Contract more than thirty (30) days after its date of purchase made pursuant to the Cancellation Section, reverse, is subject to a cancellation fee equal to the lesser of ten percent (10%) of the price of the contract or fifty ($50) dollars. The obligor, Service Net Warranty, LLC, is the party responsible for honoring cancellation requests. This Contract does not cover failure resulting from normal wear and tear.
 
IN Proof of payment for this Contract constitutes proof of payment to the insurer identified in section 1, reverse, for reimbursement insurance coverage specified in that section.
 
MI If the performance of this Service Contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the Service Contract shall be extended for the period of the strike or work stoppage.
 
NC The purchase of this Contract is not required either to purchase or to obtain financing for a home appliance. The Administrator may not cancel this Service Contract except for non-payment by You or for violation of any of the terms and conditions of this Contract.
 
NV Nevada Residents: You may cancel this Contract for full refund within 30 days of purchase without subject to cancellation fees, if no claims made on contract. We may not cancel this Contract except for fraud, material misrepresentation or non-payment by You. No cancellation of this Contract may become effective until at least fifteen (15) days after a notice of cancellation is mailed to You at Your last known address. No deductions of any type shall be made from any refund owed as a result of cancellation and or buyout. The right to void the Contract is not transferable and applies only to the original Contract purchaser. If this Contract provides coverage on goods essential to Your health and safety and You have an emergency involving the loss of heating or cooling, loss of plumbing, or substantial loss of electrical service, You may contact Us at 1-800-343-4441, 24-hours a day and receive emergency service. Emergency repairs must commence within 24 hours after report of such loss.
 
NY You may return this Contract by mailing it to the attention of the Administrator at the address listed on the back of this contract. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us.
 
OH Repairs cannot exceed the purchase price of the product; the total payment(s) for all claims under this Contract shall not exceed the original retail price of the covered product(s).
 
OK Oklahoma Residents: This Contract is not issued by the manufacturer or wholesaler company marketing the product. This Contract will not be honored by such manufacturer or wholesale company. The following replaces the contract Cancellation and Refund language on the reverse side: If You cancel this Contract, return of premium will be based upon ninety percent (90%) of unearned pro rata premium. If We cancel this Contract, return of premium will be based upon one hundred percent (100%) of unearned pro rata premium. In Oklahoma the Dealer shall be obligated to you to provide service. The Administrator is Service Net Solutions, LLC located at 650 Missouri Ave., Jeffersonville, IN 47130.
 
RI Claims may only be made directly against the provider identified in this Contract. No claim may be made against any insurer identified in this Contract.
 
SC This contract does not cover consequential damages or pre-existing conditions. A ten (10%) percent per month penalty shall apply to any cancellation refund not made within forty-five (45) days of the date cancellation was requested. In the event We cancel this Contract, we shall provide prior notice of such cancellation at least fifteen (15) days before the effective date of cancellation. Such notice shall state the effective date of cancellation and the reason for cancellation. Complaints or questions about this Contract may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180.
 
TN This Contract is automatically extended while the product is being repaired.
 
TX This right to void the Contract is not transferable and applies only to the original Contract purchaser. A ten percent (10%) penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Contract to Us. You may cancel this Contract after the time periods above or after you have made a claim for service by returning the Contract to the Administrator identified reverse and receive a pro rata refund of the Contract price less any claims that have been paid. Unresolved complaints concerning a provider or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512) 463-6599 or (800) 803-9202 (in Texas).
 
UT This service contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Contract is not guaranteed by the Utah Guaranty Fund. We can cancel this Contract during the first sixty (60) days, by mailing to You a notice of cancellation at least ten (10) days prior to the effective date of cancellation except that We can also cancel this Contract during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Contact by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) material misrepresentation; (b) substantial change in the risk assumed, unless You should reasonably have foreseen the change or contemplated the risk when entering into the Contract; or (c) substantial breach of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number; (2) the date of notice; (3) the effective date of cancellation; and (4) a detailed explanation of the reason for cancellation.
 
VT If no claim has been made under this Contract, You may return the Contract within 20 days of the date of receipt and receive a full refund of the purchase price of this Contract.
 
WA This right to void the Contract is not transferable and applies only to the original Contract purchaser. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us. If We cancel this Contract for any reason, We must mail You written notice of such cancellation at least twenty-one (21) days prior to the effective date of such cancellation and state the true and actual reason for the cancellation. You are not required to wait before filing a claim directly with the insurer of this contract.
 
WI This Service Contract is subject to limited regulation by the Office of the Commissioner of Insurance. This Contract will only be canceled mid-term for material misrepresentation, substantial change in the risk assumed, or a substantial breach of contractual duties, conditions, or warranties. You may, within fifteen (15) calendar days of the delivery of this Contract, reject and return this Contract for a full refund less actual costs or changes needed to issue and service this Contract. If You cancel this Contract at any time during the coverage period, claims will not be considered when calculating any refund due. We will not deny your claim solely because you did not obtain preauthorization if we are not prejudiced by your failure to notify us.
 
WY A ten percent (10%) penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Contract to Us. If We cancel this Contract for any reason, We must mail You written notice of such cancellation at least ten (10) days prior to such cancellation; however, written notice is not required if the reason for cancellation is nonpayment of the Contract purchase price, a material misrepresentation by You, or a substantial breach of Your duties relating to the covered product or its use.