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Iomega NAS "GOLD PLUS" service plan terms and conditions
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The Iomega NAS Gold Plus Service Plan (the "Gold Plus Plan") is governed by the following terms and conditions. By accepting the services and support described herein, you agree to be bound by the following terms and conditions. If you do not accept these terms and conditions you may return your Gold Plus Plan to the place of purchase within ten days of purchase for a full refund. Please read this document carefully.
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Eligibility
You are eligible to receive services from Iomega under the Gold Plus Plan if you have purchased the Gold Plus Plan and registered your Gold Plus Plan with Iomega. See paragraph 7 for registration instructions. |
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Term
If you are eligible to receive services under the Gold Plus Plan, Iomega will provide you, where available, at no additional charge, on-site repair or replacement services for your Iomega NAS product ("Product"), subject to the conditions set forth herein. Iomega will provide such services throughout the Service Period. The Service Period begins on the date you purchased the Gold Plus Plan and three years from the date you purchased your Product. During this period, Iomega will repair or replace, at its option, your Product if it requires repair or replacement due to defects in materials or workmanship. Iomega may use new or used parts or products, at its option, to do so. |
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Response Time
Iomega will attempt to provide such services within one business day of the date your request for such services is received and registered by Iomega. However, there is no guarantee that any services will be provided within any given time frame. The actual service and repair/replacement dates will depend upon a number of factors, including part or component availability, availability of qualified service personnel, the ability of such service personnel to travel to and from the location of your Product, economic or political conditions which restrict travel, and other factors. |
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Warranty Extension
Your Product comes with a limited warranty which provides coverage for a period of one, two, or three years from the date of purchase, depending upon the model and country of purchase. Details of the limited warranty applicable to your Product can be found on the solutions CD which came with your Product. If your Product comes with less than three years of limited warranty coverage, the Gold Plus Plan extends the limited warranty coverage to three years from the date you purchased your Product. |
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Non-assignable
This Gold Plus Plan is non-transferable and applies only to you, the first end-user purchaser. |
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Release
You agree to release and hold harmless Iomega, including Iomega’s suppliers, distributors, resellers, affiliates, officers, agents, or employees from and against any and all costs, expenses, losses, liabilities, injuries or damages to business, profits, revenues or goodwill, for loss of data, business interruption, damage or replacement of equipment or property, costs of recovery, reprogramming, or reproducing any program or data stored in or used with an Product, or for any economic or consequential damages (including lost profits or savings) or incidental, punitive or special damages, however caused, even if Iomega shall have been advised of the possibility of such damages. |
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Requirements for Participation
To be eligible for on-site repair/replacement services under the Gold Plus Plan, you must satisfy each of the following conditions:
- You MUST register your Gold Plus Plan with Iomega Corporation at http://www.iomegareg.com/nas within ten days of the date you purchased your Product. Iomega will only provide on-site repair/replacement services for Products for which you have registered under the Gold Plus Plan;
- You must have purchased your Product from Iomega or from an authorized Iomega provider;
- Your Product must be located in the country in which it was purchased and in which you registered under the Gold Plus Plan;
- You must contact Iomega Technical Support (1-888-4IOMEGA (1-888-446-6342, U.S. and Canada only) or visit www.iomega.com/support for troubleshooting of any problem prior to requesting repair or replacement services. If Iomega determines that your Product requires service and that you are eligible for Gold Plus Plan on-site service, Iomega will dispatch a service provider who will repair or replace, at Iomega’s option, the affected unit. Replacement parts or equipment may be new or used, at Iomega’s sole option.
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Exclusions
The Gold Plus Plan does NOT cover the following items:
- Software, whether provided by Iomega or a third party;
- Restoration of lost data, regardless of the cause of such data loss;
- Configuration and Software Installation;
- Customer equipment that has been modified or repaired using non-Iomega supplied or approved replaceable components, or which has been serviced by a non-Iomega authorized service provider;
- Exposure to excessive magnetic fields;
- Use for personal or household purposes;
- Backup, transfer, or recovery of data, or other data-related failures;
- Repair services outside normal business hours on regular business days;
- Customer sites outside Iomega’s Gold Plus Plan geographic service areas;
- Accessories, peripherals, or external devices used in conjunction, or included with the Customer equipment;
- Expendable components such as fuses or bulbs;
- Cosmetic damage that does not materially affect the performance of the Customer equipment;
- Failure to provide adequate protection against excessive temperature and humidity conditions;
- Damage due to neglect, intentional acts, misuse, or improper maintenance; or
- Damage caused by "acts of God" or other events out of the control of Iomega including temperature fluctuation, electrical current fluctuation, fire, flood, riots, earthquakes, other natural disasters, or warfare.
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Conditions of Service
To request or receive on-site repair or replacement services under the Gold Plus Plan, you must first contact Iomega at (call 1-888-4IOMEGA (1-888-446-6342 U.S. and Canada only) or visit www.iomega.com/support. In addition, you must satisfy the following minimum requirements at the applicable Customer site:
- Have an authorized representative of the Customer present when the repair services are provided;
- Have appropriate Customer personnel available to demonstrate the problem;
- Provide service technician with prompt and reasonable access to the affected Customer equipment, including any security authorizations required to allow the service technician to gain access to the Customer equipment;
- Provide the service technician with an appropriate work environment, consistent with applicable national occupational safety and health standards or equivalent local standards, which includes sufficient working space and facilities, including heat, light, ventilation, electric current and proper electrical outlets;
- Provide service technicians with a local telephone extension for toll free domestic and international access to Iomega for the use of service technicians in the area where the Customer equipment is located;
- Ensure that the Customer site is in a safe and ready condition for the repair services to be performed, including provisions for a properly grounded power outlet.
If, upon the service technician’s arrival, the Customer site does not meet the service site requirements as set forth herein, or an unsafe environment or condition exists, or a non-productive waiting condition in excess of thirty (30) minutes occurs, Iomega reserves the right to decline to provide repair services at that time. If repair services are delayed by thirty (30) minutes or more, due to Customer’s failure to meet service site requirements, the service technician may leave Customer site and additional repair services can be arranged at Iomega’s prevailing rates.
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Dispute Resolution
You agree that, except as set forth in this paragraph, any and all claims or disputes arising out of or in connection with or in relation to this Agreement will be resolved by final and binding arbitration. If you are located in the US or in Canada, all arbitration proceedings will be held in the office of the American Arbitration Association closest to your permanent residence. Any arbitration that arises out of this Agreement will be held in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. §1, et seq., shall govern all arbitration proceedings under this Agreement. If you are located in the European Economic Area, all arbitration proceedings shall be resolved in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva by three (3) arbitrators appointed in accordance with said Rules. The arbitration shall be held in Geneva, Switzerland, and shall be conducted in the English language. |
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Disclaimer
WITH RESPECT TO THE SERVICES PROVIDED UNDER THE GOLD PLUS PLAN, IOMEGA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY. THE SERVICES PROVIDED UNDER THE GOLD PLUS PLAN ARE RENDERED ON AN "AS IS" BASIS WITH NO RERPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE WITH RESPECT THERETO. IOMEGA’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY IN ANY CASE OR EVENT IS A REFUND OF THE PURCHASE PRICE PAID FOR YOUR PRODUCT. |
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