ELD Tablet Device Protextion Replacement Plan and Service Subscription Contract
The Terms & Conditions below apply if you have opted to participate in the ELD Tablet Protection Plan.
- General: The terms and conditions in this Plan (“Terms and Conditions”) govern the hardware protection replacement plan and services we make available and may provide you under this Plan for the specific ELD Tablet Device that is part of an ELD Solution used for commercial purposes (“ELD Tablet”) purchased with device protection replacement plan (“Coverage” and “Covered Device” respectively). Coverage under this Plan is in addition to the coverage under any applicable manufacturer’s warranty and may differ from the Linxup Subscriber Agreement and Terms and Conditions of Service which may also be applicable. This Plan is only applicable for customers having a commercial use of the Covered Device who have followed the process described below under subscription to add this Plan. It is important that you carefully read ALL terms of this Plan and other agreement you sign or accept regarding the ELD Tablet. Throughout this Protection Replacement Plan and Service Subscription Contract (“Plan”), the words “we,” “us,” “our,” and “Agilis” mean Agilis Systems, LLC and its affiliates and the words “you,” “your,” “customer,” and “user” mean an account holder or user with us under this Plan.
- Subscription: You have a period of thirty (30) days to decide to opt-in to this Plan after your ELD Solution has been activated. If thirty (30) days have passed from the time your ELD Solution was activated, this Plan is no longer available. To receive the Coverage under this Plan, you may contact Furthermore, if the ELD Solution is not to be used solely for commercial purposes, this Plan is not available. Once subscribed, you agree to comply with the Terms of this Plan.
FEES AND BILLING:
- a. Monthly Fee: After you have signed up online or through a representative, you will be billed, in advance, a monthly fee in the amount of Three Dollars and Ninety-Nine Cents ($3.99) (“Fee”). The monthly fee of Three Dollars and Ninety-Nine Cents ($3.99) is on a per-Covered Device basis and cannot be pooled, used to exchange and/or switch between, or cover similar/different Plans that are active or inactive. Your bill may also include other important notices (for example, changes to this Plan, legal notices, etc.). Your bill will only be available via the internet. You are responsible for providing a valid email address for communication.
- b. Payment Policy: You agree to make payments on or before plus applicable additional taxes, fees, or surcharges, as applicable, if any. You are required to maintain valid credit card information on file for the processing of any applicable Fees. You hereby authorize us or our assigns or agents to charge your credit card a monthly reoccurring fee for the pendency of your contract in the full amount of the bill owing. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your account profile payment methods information or cancel your account in a timely manner, you remain responsible for any uncollected amounts.
- c. Disputing Charges: Any dispute to a charge on your bill must be made within sixty (60) days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. Agilis will work with you to resolve disputed charges. Agilis may, at its sole discretion, adjust such disputed charges. You are responsible for payment of disputed charges that are judged to be resolved by Agilis, regardless of whether any adjustment is granted. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill. Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier's check, money order, or any other reasonable method at any time at our sole discretion.
You agree to pay all federal, state and local taxes, fees and other assessments that we're required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must timely provide us with a valid exemption certificate.
- d. Service Fee; Claims Limits: A Service Fee of Thirty Nine Dollars and Ninety-Nine Cents ($39.99) will be charged per claim for replacement made (“Claim”) via the valid credit card on file and after a resolution has been made by us which satisfies Section 4. Our obligations under this Plan will be fulfilled if we have provided two (2) replacement devices during [term]. There is a limit of two (2) Claims at no replacement cost per the duration of the Protection Plan (“Claims Period”). If any additional Claims are made that exceed the two (2) available within the Claims Period, you will be charged the full MSRP of the ELD Tablet at the time of the Claim. Once any Claim is made and a replacement ELD Tablet has been shipped to you, you are required to return the Covered Device associated with the Claim (“Non-conforming Device”) within thirty (30) days of claim. If you do not return your Non-conforming Device, do not return the Non-confirming Device within the thirty (30) day period, or if you return a device that is not covered pursuant to Section 4 of this Plan, you will be charged the full MSRP of the replacement device, which may exceed One Hundred Twenty Dollars ($120.00). If the Covered Device is found not to be defective, the issue is not part of the Plan Coverage, or you are otherwise notified by us (at any time of the process) that your Covered Device is not eligible for repair or replacement, you will be charged the MSRP of the replacement device that was shipped to you.
- e. Changes: Agilis Systems may change any part of this Plan at any time including, but not limited to rates, charges, how we calculate charges or any other terms and conditions of this Plan upon thirty (30) days written notice to you. Your continued payment of the charges, after such notice, constitutes your acceptance of any changes, subject to your right to cancel under Section 8. You can cancel the Plan any time after activation as long as no Claim has been made. If at least One (1) claim was made, no cancellation is available and you will have to keep this Plan the full term. If the Service is cancelled/terminated, the last billing made will be of that month.
- Coverage Details: If there is a defect (including pre-existing) in the material and/or workmanship of your Covered Device, and the Covered Device has been subject only to normal use and service, Agilis Systems agrees to repair or replace the Covered Device, at no charge (subject to Service Fee provided in the Plan), provided you return it in accordance with the terms of this Plan and pay the Service Fee. The replacement device you receive may be a new or reconditioned device of equal or comparable value to the Covered Device. We may use functionally equivalent reconditioned/refurbished/pre-owned or non-original manufacturer’s parts in reconditioned devices. All Covered Devices replaced by Agilis Systems shall become property of Agilis Systems. THIS PLAN COVERS THE ELD TABLET DEVICE ONLY AND DOES NOT INCLUDE ITS ACCESSORIES OR ANY OTHER PARTS OF WHAT IS CONSIDERED THE ELD SOLUTION, INCLUDING THOSE CONTAINED WITHIN THE ORIGINAL PACKAGE.
What is not part of plan coverage:
- Damage resulting from normal wear and tear;
- Defects or damage covered by the original equipment manufacturer’s warranty;
- Defects or damage resulting from use of the Covered Device in other than its normal and intended manner;
- Defects or damage from misuse, abuse, accidents or neglect;
- Defects or damage from improper operation, maintenance, installation, repair, storage, adjustment, tampering, or any alteration or modification of any kind;
- Damaged caused by extreme conditions, such as extreme temperature or humidity;
- Damages from acts of God, including fire, flood, earthquakes and other external causes;
- Damage caused by use outside of permitted or intended uses described by the manufacturer;
- Defects from severe conditions, such as overheating or power surges;
- Covered Devices unauthorized modification, alteration, repair or other services;
- Covered Devices having been disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any Claim;
- Covered Devices with labels removed or illegible serial numbers;
- Defects or damage due to spills of or immersion in food or liquid;
- Cosmetic damages, such as scratches on all plastic surfaces and externally exposed parts resulting from normal use;
- Lost or stolen Tablets;
- Covered Devices damages as a result of not following return instructions; and/or
- If the Covered Device has been used for personal purposes.
- Term commitments; length of plan: Agilis Systems will provide the benefits described in Section 4, beginning on the date your Protection Plan service is activated on the Covered Device and the services under this Plan are added to your account. Subject to timely payment, this Plan will continue to provide such benefits on a month-to-month basis for so long as you subscribe to this Plan; provided, however, that if your continuous active service with Agilis System using the Covered Device is terminated, the Plan will also be deemed terminated.
- How to get your replacement device under this plan: Before returning your device to us, you need to obtain a valid return authorization number which you can obtain when you call 1-877-899-3039 (toll free) to initiate the process to receive a replacement device and return authorization. If your return of the Covered Device meets the terms of this Plan, Agilis Systems will ship your replacement device directly to you. Once you receive your replacement device, you must return your defective Covered Device to Agilis Systems in the shipping package we include with the replacement device within thirty (30) days (see Section 3d). See Section 4 for further conditions and charges.
Term; how and when you or we may terminate this plan:
- a. Term: Subject to the terms of cancellation, this Plan is to continue indefinitely.
- b. Termination: You can cancel the Plan at any time after activation and opt-in as long as no claim has been made by calling 1-877-899-3039 (toll free). [You can terminate Services at any time by writing or calling us as provided on your invoice and requesting that we deactivate all Services.] If you terminate this Plan and no Claim has been made hereunder, the last billing made for this service will be of the month when cancellation was requested. If at least One (1) claim was made, your cancellation will not be effective until completing the length of the Service term, which is Thirty-six months after you began the plan . You will be covered for any period of time for which you paid in advance and any properly terminated Plan will be cancelled on midnight on the last day of the month for which the last monthly payment was made.
- c. Deemed Termination: If your service with Agilis Systems’ ELD Solution is terminated for any reason, you will be deemed to have terminated this Plan as of the same date as the termination of the ELD Solution. A refund will be provided with a sixty (60) day period.
- d. Termination by Agilis: We may terminate this Plan upon no less than thirty (30) days prior written notice at any time while there are no Claims outstanding with you, including but not limited to non-payment, late payments, or otherwise breaching these Terms and Conditions, including those concerning the Covered Device and its use. Cancellation of this Plan by Agilis Systems will be effective no less than thirty (30) days after you receive notice of cancellation. The notice will state the effective date of and reason for cancellation. If Agilis Systems terminates this Plan, you will not be billed for any months after the month when cancellation was terminated.
We may also suspend our obligations under this Plan while a non-payment situation exists.
- e. Effect of Termination: You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services.
Although not part of this Plan, we may help facilitate the manufacturer’s warranty claims by providing administrative services to process a manufacturer’s claim directly with the manufacturer. If your Covered Device is/was replaced as a result of a manufacturer’s warranty claim, your replacement device will become the new Covered Device under our Plan, provided that you contact us to provide the serial number and any other reasonably requested information.
- This Plan is extended to the original commercial owner and line of service only and may not be assigned or transferred to a subsequent owner or line of service. This warranty extends only to the first commercial purchaser, and is not transferable. Agilis Systems is not the manufacturer of the ELD Tablet and does not provide the original equipment warranty and does not warrant the installation, maintenance, or service of the ELD Tablet.
- Agilis Systems is not responsible in any way under this Plan for any ancillary equipment attached to or used in connection with the Covered Device, or for operations of the Covered Device with any ancillary equipment. All such equipment is expressly excluded from this Plan. Furthermore, Agilis Systems is not responsible for any damage to the Covered Device resulting from the use of ancillary equipment not furnished by Agilis Systems for use with individually owned equipment.
- Limitation of Liability: IN NO EVENT SHALL AGILIS SYSTEMS BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF THE INITIAL PURCHASE PRICE OF THE COVERED DEVICE OR ANY REPLACEMENT COVERED DEVICE PROVIDED HEREUNDER, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR ATTORNEYS’ FEES ARISING OUT OF THE USE OR INABILITY TO USE SUCH COVERED DEVICE, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
- Disclaimer of Warranties: WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. WE SPECIFICALLY DO NOT WARRANT THAT WE WILL BE ABLE TO REPAIR OR REPLACE THE PRODUCT WITHOUT RISK OF LOSS TO DATA. THE REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS PLAN IS THE EXCLUSIVE REMEDY OF THE CUSTOMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. You may also have other rights that vary from state to state or from one jurisdiction to another.
- THIS DOCUMENT IS NOT A WARRANTY OR CONTRACT OF INSURANCE.
- Providing Notice: We may provide notice in your bill, by correspondence to your last known billing address, fax number or e-mail address you provided us, by calling you on the provided phone number and/or by voice message on provided phone number. Except as the Plan specifically provides otherwise, you must provide us notice by calling us or writing us at Agilis Systems, LLC 16305 Swingley Ridge Rd, Chesterfield, MO 63017.
- Other Important Terms: Subject to federal law or unless the Plan specifically provides otherwise, this Plan is governed solely by the laws of the state of Missouri, without regard to its conflicts of law rules. If either of us waives or does not enforce a requirement under this Plan in an instance, we do not waive our right to later enforce that requirement. Except as the Plan specifically provides otherwise, if any part of the Plan is held invalid or unenforceable, the rest of this Plan remains in full force and effect. This Plan is not for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You may not assign the Plan or any of your rights or duties under it. We may assign the Plan. The Plan and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements regarding a device protection replacement plan – you cannot rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Plan that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
- Dispute Resolution: We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by letter to your billing address or on your Device. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Plan and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
Exceptions To Our Plan To Arbitrate Disputes. Either of us may bring qualifying claims in small claims court in St. Louis County, Missouri. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
- “Disputes” are any claims or controversies against each other related in any way to our Services or the Plan including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after the Plan have terminated – this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided to us when you sign up for our service, and notice to us will be sent to: 16305 Swingley Ridge Road, Suite 100, St. Louis, MO 63017. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
- The FAA applies to this Plan and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in St. Louis County, Missouri. The federal or state law that applies to the Plan will also apply during the arbitration.
- We each agree not to pursue arbitration on a class-wide basis. We each agree that any arbitration will be solely between you and us and not brought on behalf of or together with another individual's claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
No Class Actions. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.