This Extended Warranty Service (the “Program”) is offered pursuant to the terms of this Bubbleball Inc. Extended Warranty Agreement (this “Agreement”). This Agreement sets forth the entire agreement between Bubbleball Inc. and you, the purchaser, regarding the Program.  No representation, promise, and/or condition not contained herein shall modify these terms.  Bubbleball Inc. is contractually obligated to you to provide service under this Agreement in accordance with state law.

The Program is valid only for the purchaser of equipment and that equipment purchased directly from Bubbleball Inc. and is not available to any other purchaser and/or any other equipment.  Specifications and pricing are subject to change without notice.  Selection, offers, and programs may vary by jurisdiction – see your Bubbleball Inc. representative for complete details.

Bubbleball Inc. Extended Warranty Terms

1.  Purchase and Term

You must purchase the Program either at the time of your purchase of the Bubbleball Inc. equipment as evidenced in your Bubbleball Inc. receipt or within fifteen (15) calendar days thereafter.

Enrollment in the Program is accomplished by your payment of the applicable fees indicated at the time of your selection and purchase of the Extended Warranty.  The failure to pay all amounts shall void the Agreement and you will not be enrolled in the Program.

The term of the extended warranty will begin from the date your equipment was delivered and continue for the term purchased.

2. Coverage

Your enrollment in the Program must be purchased and registered with Bubbleball Inc. for each eligible item of equipment to be covered. Except as otherwise stated herein, during the term of the Program, damaged items covered by the Program will be replaced at no charge to you (except for shipping and/or other fees expressly described in this Agreement). The term you choose will not be changed or extended by or due to the replacement of any items under this Agreement.

NOT COVERED: The Extended Warranty under the Program does not cover the following:

(i)             Loss or theft of the equipment; and/or

(ii)           Loss or damage to the equipment due to abuse, mishandling, improper packaging and/or storage by you; and/or

(iii)          Loss or damage to the equipment due to alteration or failure to follow operating, maintenance, and/or environmental instructions prescribed in materials provided to you with the equipment; and/or

(iv)          Items of equipment used outside of the United States.

(v)        A hole in plastic of a bubbleball is not considered a defect, but is considered normal wear and tear of the product, and is not eligible for return under this extended warranty.

3. Nontransferable, Nonrefundable

The Program is applicable to and valid for the original purchaser and the items of equipment registered at the time of the enrollment in the Program and may not be transferred to any other person or entity (except in connection with a change in control of the purchasing entity), and/or item(s) of equipment.

Once enrolled, the Program is valid for the stated term and is not transferable.  The enrollment fee, including any applicable tax paid, is NOT refundable.

4. Shipping

Covered repairs and costs will include shipment to and from Bubbleball Inc. repair centers and repair (and/or replacement in Bubbleball Inc.’s sole discretion).

Your repaired original item of equipment or replacement will be shipped out within fifteen (15) business days after Bubbleball Inc.’s receipt of your covered damaged item of equipment.  Shipping time may vary, though Bubbleball Inc. will use reasonable ground shipping services. If expedited shipping is required the cost will be not be covered by Bubbleball Inc. and must paid by purchaser.

5. Changes to the Program

The Program details and pricing are subject to change without notice.

6. Local Variance

The Program may differ by state.

7. Repair

Only authorized Bubbleball Inc. technicians and services may perform service on Bubbleball Inc. items of equipment.  All services performed by unauthorized technicians will void your Extended Warranty under the Program.

8. Limitations

Bubbleball Inc., its agents, contractors, and/or licensees will not under any circumstances be liable for any incidental or consequential damages, including, but not limited to, property damage, lost time or lost business from the breakdown or failure of any item of equipment.  The warranties provided herein are in lieu of, and you hereby acknowledge the disclaimer of, any and all other warranties, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose and/or merchantability.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, THAT EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN.

9. Additional Information

Additional information may be requested at the time of your service request.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and may not be changed except by a writing signed by both parties.

By selecting a Bubbleball Inc. Extended Warranty and paying the required fees, you agree to the terms above (including as referenced, those from the Equipment Lease) and enroll in Bubbleball Inc.’s Extended Warranty Program.

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