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WillowCare Plan – Terms and Conditions of Sale

 How Consumer Rights Affect this Plan
 
THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER APPLICABLE CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN DOES NOT PREJUDICE ANY RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY WILLOW LABS, LLC OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
 
1.  The Plan.  These Terms and Conditions of Sale govern the hardware service and technical support provided to you by Willow Labs, LLC (hereinafter “Willow”), creator of the Willow branded heath and therapeutic devices, under the WillowCare extended warranty and service plan (the “Plan”). Your Plan covers the Willow-branded Curve and the accessories contained in its original packaging (“Covered Device”) listed on your proof of coverage document (“Plan Confirmation”). Under the Plan, Willow will provide hardware service and technical support coverage for the device collectively referred to as “Covered Equipment”.
 
2.  When Coverage Begins and Ends. 
 
Coverage begins when you purchase the Plan. Coverage ends on the date specified in your Plan Confirmation (“Plan Term”). Your Plan Confirmation will be provided to you at or about the time of purchase or sent to you automatically thereafter. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. Your purchase receipt is your Plan Confirmation, You can find the price of the Plan on the original sales receipt. Coverage under this Plan is additional to the coverage provided under applicable mandatory laws, the manufacturer’s hardware warranty and complimentary technical support. 
 
3.  What is Covered?
 
3.1 Hardware Service
 
If during the Plan Term, you submit a valid claim by notifying Willow that (i) a defect in materials and workmanship has arisen in the Covered Equipment, or (ii) the capacity of the Covered Equipment’s battery to hold an electrical charge has depleted fifty (50%) percent or more from its original specifications, Willow will either (a) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Equipment, with a replacement product that is new or equivalent to new in performance and reliability. All replacement products provided under this Plan will at a minimum be functionally equivalent to the original product.  If Willow exchanges the Covered Equipment, the original product becomes Willow’s property and the replacement product is your property, with coverage for the remaining period of the Plan.
 
3.2 Accidental Damage from Handling
 
If during the Plan Term you submit a valid claim notifying Willow that the Covered Device has failed due to accidental damage from handling (“ADH”), Willow will, subject to the service fee described below, either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability (both individually known as a “Service Event”). ADH coverage will expire and Willow’s obligation to you under this section 3.2 will be fulfilled in its entirety before the end of the Plan Term when Willow, as a result of ADH claims, has provided to you one (1) Service Event. ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. drops and liquid contact) that arises from your normal daily usage of the Covered Device as intended for such Covered Device. ADH coverage does not include (a) protection against normal wear and tear, theft, misplacement, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Device, (b) protection against any other act or result not covered by the Plan, as described in Section 4.2 below, or (c) any resultant damage to the Covered Device that arises from one or more conditions described in Section 3.2(a) or (b). Willow may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. Willow will deny your claim if you fail to pay the service fee or fail to provide information relating to the accident when asked.
 
Under WillowCare for Willow Curve, in addition to the monthly (“Re-occuring Monthly Billing) of $29.95 you will pay a $99 (U.S.) service fee plus applicable tax for the ADH Service Event.  WillowCare may only be purchased within THRITY (30) DAYS of the purchase of your Willow Curve. 
 
3.3 Technical Support
 
During the Plan Term, Willow will provide you with access to telephone and web-based technical support resources. Your complimentary technical support ends ninety (90) days after the Covered Equipment’s date of original purchase. Technical support may include assistance with installation, launch, configuration, and troubleshooting; interpreting system error messages; and determining when hardware service is required or ADH coverage may be applicable. Willow will provide support for the then-current version of the supported software, and the prior Major Release.

3.4 Scope of Technical Support

Under the Plan, Willow will provide technical support for the following:
 
(i) Covered Equipment; and
 
(ii) Operating system (“OS”) and software application that are pre-installed with the Covered Equipment (“Consumer Software”).
  
4. What is not Covered?
 
4.1 Hardware Service and ADH Coverage Area.  Under WillowCare, Willow may restrict hardware service and ADH coverage to the country where the Covered Device was originally purchased.
 
4.2 Hardware Coverage and ADH Coverage.
 
(i)          The Plan does not apply to installation, removal or disposal of the Covered Equipment, or provision of equipment while the Covered Equipment is being serviced.
 
(ii)         The Plan does not apply to damage caused by (a) a product that is not the Covered Equipment, (b) abuse, misuse, fire, earthquake or other external causes except as described in section 3.2 above, (c) operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or (d) service performed by anyone who is not a representative of Willow or a Willow Authorized Service Provider (“WASP”).
 
(iii)        The Plan does not apply to a product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.
 
(iv)        The Plan does not apply to Covered Equipment that has been lost or stolen. This Plan only applies to Covered Equipment returned to Willow in its entirety.
 
(v)         The Plan does not apply to cosmetic damage to the Covered Equipment, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Equipment.
 
(vi)        The Plan does not apply to preventative maintenance on the Covered Equipment.
 
(vii)       The Plan does not apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product, and

(viii)     The Plan does not apply to a pre-existing condition on any Covered Equipment if you purchased the Plan after you purchased the Covered Equipment.
 
Important:  Do not open the Covered Equipment, as damage caused as a result of opening the equipment is not covered by this Plan.  Only Willow or an authorized service provider should perform service on the Covered Equipment.
 
4.3 Technical Support.
 
(i) The Plan does not include Technical Support for issues that could be resolved by upgrading software to the then-current version so long as Willow facilitates the upgrade.
 
(ii) The Plan does not include Technical Support for Willow Curve software other than the OS or Consumer Software, as covered under the Plan.
 
 5.  How to Obtain Service and Support?
 
You may obtain hardware services, which include those relating to ADH coverage and technical support.  To obtain such services or support, please call the telephone number listed below. If you call, you will need to give the Willow technical support representative who answers your call the authentication information including the serial number of your Willow Curve before you can receive assistance.  You need to keep your the original sales receipt for your Covered Equipment, as it will be required if there is any question as to your Covered Equipment’s eligibility for coverage.
 
6. Service Options.
 
6.1 Willow will provide hardware services to you through one or more of these options:
 
(i) Mail-in service. Direct mail-in service is available for most Covered Equipment products.  If Willow determines that your Covered Equipment is eligible for mail-in service, Willow will send you prepaid way bills (and if you no longer have the original packaging, packaging material) and you will ship the Covered Equipment to an ARS site in accordance with Willow’s instructions. Once service is complete, the ARS site will return the Covered Equipment to you. Willow will pay for shipping to and from your location if you follow all instructions.
 
(ii) Express Replacement Service (“ERS”) or do-it-yourself (“DIY”) parts service.  ERS is available for certain Covered Equipment products. DIY parts service is available for many Covered Equipment parts or accessories, and this will allow you to service your own Covered Equipment. If ERS or DIY parts service is available in the circumstances, the following process will apply.
 
              (a) Service where Willow requires return of the replaced Covered Equipment or part. Willow may require a credit card authorization to serve as security for the retail price of the replacement Covered Equipment or part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Willow will offer an alternative arrangement for service. Willow will ship a replacement Covered Equipment or part to you with installation instructions, if such are applicable, and any requirements for the return of the replaced Covered Equipment or part. If you follow the instructions, Willow will cancel the credit card authorization, so you will not be charged for the Covered Equipment or part and shipping to and from your location. If you fail to return the replaced Covered Equipment or part as instructed or return a replaced Covered Equipment or part that is ineligible for service, Willow will charge the credit card for the authorized amount.
 
              (b) Service where Willow does not require return of the replaced product or part. Willow will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
 
              (c) Willow is not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance, you should contact Willow at the telephone number listed below.
 
6.2 Willow reserves the right to change the method by which Willow may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where you request service.  

  1. Your Responsibilities
     
    To receive service or support under the Plan, you agree to comply with each of the terms listed below.
     
    (i) You will provide your copy of your Plan’s original proof of purchase and Willow Curve serial number if requested.
     
    (ii) You will provide information about the symptoms and causes of the issues with the Covered Equipment.
     
    (iii)        You will respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any error messages displayed, the actions which were taken before the Covered Equipment experienced the issue and the steps taken to resolve the issue.
     
    (iv)        You will follow instructions Willow gives you, including but not limited to refraining from sending Willow products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions.
     
    8. Limitation of Liability
     
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILLOW AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF, MISUSE, OR OTHER LOSS RESULTING FROM WILLOW’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF LIABILITY OF WILLOW AND ITS EMPLOYEES AND AGENTS TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. WILLOW SPECIFICALLY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
     
    FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, WILLOW’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
     
    9. Cancellation
     
    You may cancel this Plan at any time for any reason. If you decide to cancel this Plan, you may call Willow at the telephone number below to do so, or you may send or fax written notice with your Plan Agreement Number to WillowCare Administration, 749 S. Monroe Street, Monroe, Michigan 48161 (fax number 734-241-5065). You must send a copy of the Plan’s original proof of purchase with your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of your Plan’s purchase, or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less (a) a cancellation fee of twenty-five ($25) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan. Unless applicable local law provides otherwise, Willow may cancel this Plan for fraud or material misrepresentation.  Unless applicable local law provides otherwise, Willow may also cancel this Plan if service parts for the Covered Equipment are not available, upon thirty (30) days prior written notice. If Willow cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.  In any case, if this plan was provided to you on a complimentary basis or as part of a bundled package no refund will be available to you.
     
    10. Transfer of Plan
     
    This Plan is non-transferrable.

  2.  
    General Terms
     
    (i) Willow may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
     
    (ii) Willow is not responsible for any failures or delays in performing under the Plan that are due to events outside Willow’s reasonable control.
     
    (iii)        You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.
     
    (iv)        This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia and all provinces and territories of Canada.  Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all states of the United States and in all provinces and territories of Canada, and is not available where prohibited by law.
     
    (v)         In carrying out its obligations Willow may, at its discretion and solely for the purposes of monitoring the quality of Willow’s response, record part or all of the calls between you and Willow.
     
    (vi)        You agree that any information or data disclosed to Willow under this Plan is not confidential or proprietary to you. Furthermore, you agree that Willow may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the Willow Customer Privacy Policy.
     
    (vii)       Willow has security measures, which should protect your user data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Willow regarding the processing of data, and Willow will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding the processing of your user data, contact Willow at the telephone numbers provided.
     
    (viii)     Willow will protect your information in accordance with Willow Customer Privacy Policy available at https://www.willowcurve.com/pages/privacy-policy


(ix)        The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Willow’s entire understanding with respect to the Plan.
 
(x)         Willow is not obligated to renew this Plan. If Willow does offer to renew this Plan, it will determine the price and terms.
 
(xi)        There is no informal dispute settlement process available under this Plan.
 
(xii)       “Willow” is Willow Labs, LLC a Michigan limited liability company with its registered office at c/o Willow Care Service Company, LLC, 749 S. Monroe St., Monroe, MI. 48161, doing business in the state of Michigan as WillowCare Service Company, LLC,  for Plans sold in the United States.
 
(xiii)     The Administrator is Willow Labs, LLC (the “Administrator”), a Michigan limited liability company located at 749 South Monroe Street, Monroe, Michigan 48161.
 
(xiv)      Except where prohibited by law, the laws of the State of Michigan govern Plans purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, including the laws of Arizona, Florida, Georgia, Nevada, Oregon, Vermont, Washington, Wisconsin and Wyoming, then the laws of that jurisdiction will control.
 
(xv)       Support services under this Plan may be available in English only.
 
Cancellation of contract; refund of purchase price; cancellation fee.
 
(i) If Willow cancels this Plan, Willow shall refund to Nevada consumers the portion of the purchase price that is unearned. Willow may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount of the refund. If Willow cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.
 
(ii) Except as otherwise provided in this section, a Nevada resident who is the original purchaser of this Plan, who submits to Willow a request in writing to cancel the Plan in accordance with the terms of the Plan, shall receive a refund of the portion of the Plan’s purchase price that is unearned and Willow will not deduct the value of any service provided.
 
(iii) If you request the cancellation of this Plan after the first thirty (30) days of the Plan term, Willow may impose the cancellation fee described in the Plan, but will not deduct the value of any service provided.
 
(iv) When Willow calculates the amount of a refund pursuant to subsection (ii), it may deduct from the portion of the purchase price that is unearned (a) any outstanding balance on the account and (b) any cancellation fee imposed pursuant to this Plan.
 
No prior approval for services or goods covered under the Plan is necessary.
 
Tax is not applicable in the State of Nevada on the service fee for ADH claims.
  
Telephone Numbers
 
United States – (734) 241-5060
 
9:00 A.M – 5:00 P.M. Eastern Standard time