ALPHA PAW PROTECTION PLAN

ALPHA PAW PROTECTION PLAN

1. The Plan

This Alpha Paw Protection Plan Contract (the “Plan”) governs the services provided by Alpha Paw under the Plan and includes the terms in this document. Upon your subscription of the Plan, you’ll receive a receipt confirmation confirming your enrollment in the Plan (the “Plan Confirmation”).

Benefits under this Plan are additional to your rights under applicable laws, the manufacturer's hardware warranty and any complimentary support. The terms of the Plan apply the same whether paid for by you or a third party who financed your Plan (a “Payment Plan Provider”) on a one-time, yearly or other basis that is not monthly basis (“Single-Pay Plan”) or a monthly basis (“Monthly Plan”), except where otherwise noted.

The Plan covers the following products (collectively, the “Covered Product”): the PawRamp and DachRamp.

2. Plan Term and Renewal

Plan coverage begins when you purchase the Plan and continues, unless cancelled, through the date specified in your Plan Confirmation or until your subscription to the Plan ceases to be in effect (the “Plan Term”).

For Monthly Plans, your Plan Term is one (1) month. Your Plan will automatically renew each month unless cancelled as set forth in the “Cancellation” Section 9 below, including in the event that Alpha Paw is no longer able to service your Covered Product due to the unavailability of service parts, in which case Alpha Paw may provide you with notice.

Monthly Plans may not be available for all Covered Products. For Covered Products where Monthly Plans are available, you agree to have the credit card, debit card or other authorized payment source i.e. Alpha Paw’s payment system (the “Payment Source”) used for your initial Plan purchase kept on file to automatically charge in advance following your initial purchase to renew your Plan unless cancelled. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal payment on time, your Plan coverage will cease from the renewal due date. Alpha Paw has the right, but not the obligation, to accept any late payment and allow renewal from the date of late payment.

For Single-Pay Plans (if applicable), your Plan Term will be as disclosed to you. Alpha Paw is not obligated to renew your Single-Pay Plan. If Alpha Paw does offer to renew, Alpha Paw will determine the price and terms.

You can find the price of the Plan on the original sales receipt.

3. What is Covered?

3.1 Hardware Services for Defects (“Hardware Service”)

If during the Plan Term, you submit a valid claim by notifying Alpha Paw that a defect in materials and workmanship has arisen in the Covered Product, Alpha Paw will either: (i) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Product 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 Alpha Paw exchanges the Covered Product, the original product becomes Alpha Paw’s property and the replacement product is your property, with coverage effective for the replacement product for the remainder of the Plan Term.

3.2 Services for Accidental Damage (“AD Service”)

If during the Plan Term you submit a valid claim by notifying Alpha Paw that the Covered Product has failed due to accidental damage (“AD”), Alpha Paw will either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Product with a replacement product that is new or equivalent to new in performance and reliability. Each time you receive services for AD is a “Service Event”. Exclusions apply as described below. Further, services for AD expire and all of Alpha Paw’s obligations to you under this section are fulfilled in their entirety once Alpha Paw has provided to you two (2) Service Events.

4. What is not Covered?

Alpha Paw may restrict Hardware Service and AD Services to the country where the Covered Product was originally purchased.

Alpha Paw will not provide Hardware Services or AD Services in the following circumstances:

(a) to protect against normal wear and tear, or to repair cosmetic damage not affecting the functionality of the Covered Product (including any wood that may be chewed by the pet that does not compromise the structure);

(b) to conduct preventative maintenance;

(c) to replace Covered Product that is lost or stolen, or failed delivery or loss of product during transit;

(d) to repair damage caused by reckless, abusive, willful or intentional conduct, or any use of the Covered Product in a manner not normal or intended by Alpha Paw;

(e) services to install, remove or dispose of the Covered Product or the equipment provided to you while the Covered Product is being serviced;

(f) to repair damage caused by a product that is not Covered Product;

(g) to repair any damage to Covered Product (regardless of the cause) if the Covered Product has been opened, serviced, modified, or altered by anyone other than Alpha Paw or an authorized representative of Alpha Paw;

(h) to repair pre-existing conditions of the Covered Product if you purchased the Plan after you purchased the Covered Product;

(i) to repair any damage relating to odor, discoloration;

(j) to repair damages caused by fire, earthquake or other external causes;

(k) any damage that is not supported by photographic proof;

(l) cost of shipping for replacement parts;

(m) any damage, injury or harm to the pet; or

(n) any instance that is not expressly covered under the Plan (which will be determined by Alpha paw on a case-by-case basis, in its sole discretion).

Installation of third-party parts may affect your coverage. As a condition of receiving Hardware or AD Services, all Covered Product must be returned to Alpha Paw in its entirety including all original parts or Alpha Paw-authorized replacement components. The restriction does not prejudice your consumer law rights.

5. How to Obtain Service and Support?

You may obtain service by calling or emailing Alpha Paw. You must provide your name and Order Number. You must also, upon request, present your Plan Confirmation, and the original sales receipt for your Covered Product and your Plan.

6. Service Options

Alpha Paw will provide hardware services to you through one or more of these options:

(a) Mail-in service. Direct mail-in service is available for most Covered Product. If Alpha Paw determines that your Covered Product is eligible for mail-in service, Alpha Paw will send you prepaid waybills (and, if needed, packaging material). If asked, you must ship the Covered Product in accordance with Alpha Paw’s instructions. Once service is complete, Alpha Paw will return the Covered Product to you. Alpha Paw will pay for shipping to and from your location if you follow all instructions.

(b) Express Replacement Service (“ERS”) or do-it-yourself (“DIY”) parts service. ERS is available for certain Covered Product. If Alpha Paw requires return of the replaced device or part, Alpha Paw may require a credit card authorization to serve as security for the retail price of the replacement device or part and applicable shipping costs until you return the replaced device as instructed. If you are not able to provide credit card authorization, service may not be available to you in which case Alpha Paw will offer an alternative arrangement for service. If you fail to return the replaced Covered Product or part as instructed or return a replaced Covered Product or part that is ineligible for service, Alpha Paw will charge the credit card for the authorized amount. If Alpha Paw does not require return of the replaced product or part, Alpha Paw will ship you free of charge a replacement product or part accompanied by any applicable instructions or requirements for disposal of the replaced product or part. Alpha Paw is not responsible for any labor costs you incur in respect to ERS or DIY parts service.

Alpha Paw may change the method by which Alpha Paw provides repair or replacement service to you, and your Covered Product's eligibility to receive a particular method of service.

Service will be limited to the options available in the country where you request service. Service options, parts availability and response times may vary. If service is not available for the Covered Product in a country that is not the country of purchase, you may be responsible for shipping and handling charges to facilitate service in a country where service is available. If you seek service in a country that is not the country of purchase, you must comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Alpha Paw may repair or exchange products and parts with comparable products and parts that comply with local standards.

7. Your Responsibilities

To receive service or support under the Plan, you agree to (i) provide your Order Number and a copy of your Plan’s original proof of purchase, (ii) provide information about the symptoms and causes of the issues with the Covered Product, (iii) respond to requests for information needed to diagnose or service the Covered Product, and (iv) follow instructions Alpha Paw gives you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPHA PAW AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED PRODUCT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM ALPHA PAW’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF ALPHA PAW AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. ALPHA PAW SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO REPAIR OR REPLACE THE COVERED PRODUCT WITHOUT RISK, HARM OR LOSS.

THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, ALPHA PAW’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED PRODUCT 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

9.1 Your Cancellation Rights

Regardless of your method of purchase, you may cancel this Plan at any time for any reason. If you purchased your Plan from Alpha Paw, you may cancel by sending written notice with your Order Number to Alpha Paw using the provided email address.

Unless local law provides otherwise, cancellation refunds will be provided as follows:

For Monthly Plans, if you have made advance payments, cancellation will be deferred until midnight on the last day of the month for which your last monthly payment was paid. Your failure to timely and fully make any monthly payment will be deemed an expression of your intent to cancel your Plan and no cancellation refund will be provided.

For Single-Pay Plans, if you cancel:

(a) 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 benefits provided to you under the Plan.

(b) 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 (i) a cancellation fee of twenty-five ($25) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (ii) the value of any benefits provided to you under the Plan.

(c) If you financed your Plan through a Payment Plan Provider and cancel your Plan, Alpha Paw will return any refund owed to your Payment Plan Provider consistent with subsections (a) and (b) above. Your default on any payment owed to your Payment Plan Provider will be deemed an expression of your intent to cancel and you will not be entitled to receive a refund of any payments you have made. Alpha Paw may return any refund owed to your Payment Plan Provider.

9.2 Alpha Paw’s Cancellation Rights

If your Payment Source cannot be charged for any reason for amounts due, including for any Monthly Plan renewal payment, and you have not otherwise made the appropriate payment by the due date or any applicable renewal date, your Plan may be cancelled for nonpayment and your Plan coverage will cease from the due date or renewal date.

Additionally, unless applicable local law provides otherwise, Alpha Paw may cancel this Plan for fraud or material misrepresentation, or if service parts for the Covered Product are not available, upon notice. If local law permits and Alpha Paw cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired Term.

9.3 Effect of Cancellation

Upon the effective date of early cancellation, Alpha Paw’s future obligations under this Plan to you are fully extinguished.

10. Transfer of Plan

For Single-Pay Plans only, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (i) you transfer to the other party the original proof of purchase, the Plan Confirmation, the Plan’s printed materials and this service contract; (ii) you notify Alpha Paw of the transfer in writing, and (iii) the other party accepts the terms of this service contract. If you financed the purchase of your Plan through a Payment Plan Provider, the transferee must assume and comply with all payment obligations of the transferor, and any failure to do so by a transferee shall immediately trigger the applicable cancellation provisions as described in Section 9. When notifying Alpha Paw of the transfer, you must provide the Order Number and the name, address, telephone number and email address of the new owner.

11. General Terms

(a) Alpha Paw may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.

(b) Alpha Paw is not responsible for any failures or delays in performing under the Plan that are due to events outside of Alpha Paw’s reasonable control.

(c) You are not required to perform preventative maintenance on the Covered Product to receive service under the Plan.

(d) This Plan is offered and valid only in the fifty states of the United States of America. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all jurisdictions and is not available where prohibited by law.

(e) In carrying out its obligations Alpha Paw may, solely for the purposes of monitoring the quality of Alpha Paw’s response, record part or all of the calls between you and Alpha Paw.

(f) You agree that any information or data disclosed to Alpha Paw under this Plan is not confidential or proprietary to you. Furthermore, you agree that Alpha Paw 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 Alpha Paw Customer Privacy Policy.

(g) Alpha Paw has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Alpha Paw regarding the processing of data, and Alpha Paw 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 data, contact Alpha Paw at the telephone numbers provided.

(h) 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 Alpha Paw’s entire understanding with respect to the Plan.

(i) Each Monthly Plan will renew automatically, unless cancelled, at its original Plan purchase price. Alpha Paw is not obligated to renew any Single-Pay Plan. If Alpha Paw does offer renewal, Alpha Paw will determine the price and terms.

(j) There is no informal dispute settlement process available under this Plan.

(k) As used in this Plan, “Alpha Paw” is Alpha Paw LLC, a Nevada limited liability company.

(l) Except where prohibited by law, the laws of the State of Nevada govern Plans purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, then the laws of that jurisdiction will control.

(m) Support services under this Plan may be available in English only.

Telephone Numbers

United States – (888) 386-3955

* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information on our website. Toll-free numbers are not available in all countries.

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