Altitude X Pro Series Terms Conditions
cellhelmet LLC Limited Warranty (the "CELLHELMET CASE Limited Warranty") Terms and Conditions
To the extent the damage to the Eligible Device is covered as set forth below, cellhelmet will pay you up to your selected maximum coverage amount towards the repair or replacement of the damaged device only.
Overview of Program
If you purchase one of the designated “cellhelmet Case Products – Altitude X” (“cellhelmet Case Protector”) for an Eligible Device (as defined below) from a retail location (or another participating distributor as designated by cellhelmet), then, if you use the cellhelmet Case Protector according to the Instructions (as described in the Service Request process below), and your Eligible Device suffers physical damage to the Eligible Device (excluding intentional acts of damage, or water damage) within one (1) year following the date you purchase the product (as described below, cellhelmet’s designated service center (“Service Center”) will pay you up to your selected maximum coverage amount towards the repair or replacement of the Eligible Device only. The Program is limited to a one-time use within the one (1) year period from date of purchase. You will need to: (i) have registered your cellhelmet Case Protector and Eligible Device as described below, (ii) satisfy all of the other requirements in these Terms in order to receive the reimbursement benefit.
PLEASE NOTE: THE PROGRAM IS NOT ADMINISTERED BY THE MANUFACTURER OR A RETAIL LOCATION OR ANY OTHER DESIGNATED DISTRIBUTOR. PLEASE DIRECT ALL INQUIRIES OR OTHER COMMUNICATIONS REGARDING THE PROGRAM TO CELLHELMET OR OUR SERVICE CENTER.
List of cellhelmet Case Protection Programs and Eligible Devices
Eligible Devices: cellhelmet Case Limited Warranty currently covers cell phones. (“Eligible Device”). Additional Eligible Devices may be added by cellhelmet from time to time as announced through the http://register.cellhelmet.com website or through a participating distributor.
In order for you to be eligible to use the Program, you must satisfy all of the criteria listed below:
- You must be a resident of the continental US, Alaska & Hawaii (the Program is void for any Service Request made by any customer residing outside the continental US, Alaska & Hawaii).
- You must have purchased the cellhelmet Case Protector from a retail location or another distributor designated by cellhelmet.
You must have validly registered the cellhelmet Case Protector and Eligible Device, in accordance with the Registration Process described below, within 30 days following your purchase of the cellhelmet Case Protector (“Registration Period”).
You must submit your Service Request (as described below) within 1 year following the date of valid Registration, by calling 844-651-2320.
- The Device registered must be undamaged at the time of registration. Physical damage incurred prior to registration being completed will not be covered.
As part of the Eligibility Requirements, you must take the following steps to register the cellhelmet Case Protector and Eligible Device in order to use the Program:
- The cellhelmet Case Protector with the cellhelmet Case Limited Warranty is purchased directly from retail location or another distributor designated by cellhelmet.
Within the Registration Period, you may access the Program webpage at the following https://register.cellhelmet.com.
- You register the cellhelmet Case Protector and the Eligible Device by providing the following required information:
- Your original receipt for your cellhelmet Case Protector purchase. You will need to enter in your purchase date, show the place of purchase, date of purchase, as well as the Case Protector line item to be valid. If it does not show this information, your request will be denied.
If you successfully complete all of the steps above, then you will receive a confirmation email, at your designated email address, that Registration has been completed. If you do not receive a confirmation email, it is your responsibility to contact our Service Center, via the contact information listed on the Registration webpage, to resolve this situation –your Eligible Device will not be considered Registered unless you have received the confirmation email. Once you are Registered, the Registration is not transferable.
Service Request Process:
You are responsible to ensure that you have used the cellhelmet Case Protector properly, and within its specified limits by familiarizing yourself with the instructions applicable for your cellhelmet Case Protector (“Instructions”) that are accessible via the following URL: https://register.cellhelmet.com.
If you use the cellhelmet Case Protector in accordance with its Instructions, and accidental physical damage occurs to your Eligible Device while covered with the cellhelmet Case Protection Program within 1 year following your purchase of the cellhelmet Case Protector and your Eligible Device, then you may use your one-time cellhelmet Case warranty claim and submit a Service Request as follows:
Access the Program webpage at the following URL for instructions: https://register.cellhelmet.com
- File a Service Request for the damaged Eligible Device by calling 844-651-2320. During this process you will be required to provide the following:
- Pertinent personal information
- Such additional information as may be required to initially verify that your Service Request is for an Eligible Device and otherwise appears to be a valid initial claim under the cellhelmet Case Limited Warranty.
- Once you have provided all of the information required by the initial Service Request process, our Service Center will make a determination of claim acceptance or denial. If your claim is accepted, a payment will be mailed within 10 business days.
- Your Service Request must be verified by the Service Center as follows:
- In order for your Service Request to be finally accepted and validated, the Service Center will verify the following information:
- Name of person submitting Service Request matches the name associated with the registered policy (as submitted during the Registration Process).
The cellhelmet Case Protector was registered within 30 days of date listed on original receipt image (as provided during the Registration Process).
- All required information was submitted during the Registration Process
- The cellhelmet Case Protector is authentic (serial numbers not found in counterfeit list).
- Your Device is an Eligible Device and the damage to your Eligible Device is of the type covered by the cellhelmet Limited Warranty and the claim is otherwise valid under the requirements of this cellhelmet Limited Warranty.
If your Service Request passes the verification process, then our Service Center will provide final approval for the Service Request and will notify you via email.
If your Service Request does not pass the verification process, then you will be notified via email that your Service Request has been denied, and the email will include the reason for the denial (such as, for example, incomplete information, mismatched information, cellhelmet Case Protector is not authentic, etc.).
- PLEASE NOTE: NEITHER CELLHELMET NOR OUR SERVICE CENTER SHALL HAVE ANY RESPONSIBILITY WHATSOEVER REGARDING ANY DATA THAT IS CONTAINED ON THE ELIGIBLE DEVICE.
If you do not receive an email notification, it is your responsibility to contact our Service Center, via the contact information listed on the Registration webpage, to resolve this situation.
- Once the Service Request has been completed (either finally approved or denied) your one-time use of the Program is deemed completed and the Program is no longer available to you for the Eligible Device and cellhelmet Case Protector.
- Program service limit is reimbursement for one repair or one insurance replacement deductible within the coverage terms.
ADDITIONAL TERMS AND CONDITIONS
- The Program is only available to the specific Eligible Device that you registered during the Registration Process. By submitting a Service Request under the Program, you are representing and warranting to cellhelmet that the Protector was used in accordance with the Instructions that are applicable to the cellhelmet Case Protection Program. Violation of the foregoing (such as for example, submitting a Service Request when you have modified the cellhelmet Case Protector, improperly used the cellhelmet Case Protector or used the cellhelmet Case Protector outside the specified limits) may constitute fraud, and, in addition to voiding your right to participate in the Program, may subject you to legal action from cellhelmet.
- Anti-Stacking: When damage to your device occurs while more than one cellhelmet product is in use on a single device, we will at our discretion, apply the benefits of the higher of the two coverages. Only one coverage may apply per incident.
- cellhelmet reserves the right to modify the processes, procedures, parameters, or other terms of the Program, or terminate the Program entirely, at any time, without prior notice to you. If cellhelmet terminates the Program, it may, at its sole option: (i) continue to honor valid Registrations that are made within the applicable Registration Period prior to the effective date of termination of the Program; or (ii) provide you with reasonable compensation (as determined by cellhelmet in its sole discretion). The current status of the Program and applicable terms are available on the Program webpage.
- Warranty Disclaimers cellhelmet SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD, THEN THE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL CELLHELMET, ITS SERVICE CENTER, DISTRIBUTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, EVEN IF ANY SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF CELLHELMET AND ANY OF ITS SERVICE CENTER, DISTRIBUTORS AND/ORSUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS THAT ARE SUBJECT TO THE PROGRAM PLUS THE AMOUNT OF ANY SERVICE FEE YOU PAID IN CONNECTION WITH THE PROGRAM. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ARBITRATION: Read The Following Arbitration Provision Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action. By registering under this cellhelmet Limited Warranty, you specifically agree to this arbitration provision. To begin arbitration, either you or cellhelmet must make a written demand to the other party for arbitration for the applicable claim (“Arbitration Claim”). The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the Arbitration Claim is filed. You may get a copy of these AAA’s Rules by visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between you and cellhelmet. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless you and cellhelmet agree, the arbitration will take place in a location agreeable to all parties. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider your Arbitration Claim. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your Arbitration Claim. THE DEGREE TO WHICH ARBITRATION CAN BE USED AS A DISPUTE RESOLUTION PROCESS FOR CONSUMER CLAIMS VARIES FROM STATE TO STATE, SO THIS ARBITRATION PROVISION MAY NOT APPLY TO YOU, DEPENDING ON YOUR STATE OF RESIDENCE. In the event this arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and cellhelmet specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and cellhelmet, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.