Accidental Damage Protection Limitations

General

(Available in the United States and Canada only)
Other Limitations for all Motion Tablet Devices: This Agreement is for Motion-branded hardware only. Accidental Damage Service does not cover software. This software exclusion includes but is not limited to: 1) any defects in or damage (including without limitation virus-inflicted damage) to software preloaded on, purchased with or otherwise loaded on the tablet and 2) any software loaded through factory integration. In addition, Accidental Damage Service does not cover any other items added through factory integration. We will exercise reasonable efforts to, but this Agreement does not guarantee that we will, repair or replace non-software factory integration items that may otherwise be excluded components.

Scope of Services

A. Repair and Replacement Service. During the term of this Agreement and subject to the limitations in this Agreement, we will repair or replace the Motion Tablet as necessary to correct any damage to the tablet which occurs during the usual and customary usage of the tablet because:

An electrical surge damages the tablet's internal circuitry
You accidentally drop the tablet
The LCD cracks or shatters in extreme temperatures

If Motion repairs your tablet, you understand and agree that we may replace original parts with new or used parts from the original manufacturer, or a different one. Replacement parts will be functionally equivalent to the original parts. In our discretion, we may designate an affiliated company or contract with a third party to complete repairs on the tablet PC.

If we decide that it is necessary to replace the tablet rather than repair it, you will receive a tablet PC equivalent to or better than the tablet PC you originally purchased from us, as determined by us in our sole and reasonable discretion.

B. Limits of Support Services. This Agreement does not cover and we are not obligated to repair or replace:

Any tablet located outside of the United States or Canada.
Any damage to or defect in the tablet that is cosmetic only or otherwise does not affect tablet functionality. Under this Agreement, we are not obligated to repair reasonable wear and tear on the tablet and other superficial items, such as scratches and dents that do not materially impair your use of the tablet.
Any tablet that anyone other than Motion or an organization/person Motion designates has tried to repair. Any repair or attempted repair on the tablet covered by this Agreement by any party other than Motion or someone we designate will void and cancel this Agreement. We will not reimburse you for any repairs that you or another person make or attempt to make to the tablet.
Any tablet that suffers damage in connection with or as a result of incorrect or inadequate Customer Installation. "Customer Installation" shall include any of the following performed by the Customer or any third party on behalf of the customer: (1) unpacking or moving the tablet (2) installation or mounting of a tablet to a wall or other structure (or removal of the same following installation) and (3) affixing of brackets or other weight bearing devices designed for mounting or attachment to a wall or other structure (or removal of the same). Customer Installation does not include third party installation services purchased from Motion.
Any tablet that is lost or stolen. To receive repair or replacement of a tablet, you must return the damaged tablet to us in its entirety.
Any tablet that is damaged by fire from an external source or that is intentionally damaged. If we find evidence of intentional damage, we are not obligated to repair or replace the tablet.
Any recovery or transfer of data stored on the tablet. You are solely responsible for all data stored on the tablet. We do not provide you any data recovery services under this Agreement. However, if hard drive replacement is necessary, we will reload, at no charge to you, the then-current version of major application and operating system software you originally purchased from us, including any installed factory integration applications. We do not, however, represent or warrant and this Agreement does not obligate us to ensure that any installed factory integration applications will be compatible with the replacement tablet.
Preventive maintenance. It is not necessary that you perform any preventive maintenance on the tablet to obtain repair or replacement of a tablet covered by this Agreement.
Except as specifically provided herein, any other damages that do not arise from defects in materials or workmanship or ordinary and customary usage of tablet.
Any damages arising from theft, fire, wind, natural disaster or from acts of God.
Service must be purchased within 30 days of an original equipment purchase to be eligible