Terms & Conditions

Radiosophy™ Limited Warranty

Extended Protection Plan One Year Plan

Extended Protection Plan Two Year Plan

Policies

HARDWARE
Radiosophy™, LLC (“Radiosophy” or “the company”) warrants to the original purchaser of a new product that is not sold “as is” (“Customer”) that this product will be free from defects in workmanship and materials, under normal use, for a period of one (1) year which starts at the original purchase date.

EXCLUSIONS
This limited warranty ONLY COVERS failures due to defects in materials and workmanship, and DOES NOT COVER normal wear and tear or cosmetic damage. The limited warranty ALSO DOES NOT COVER damages which occurred in shipment, or failures which are caused by products not supplied by the Company, or failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, set-up adjustments, misadjustment of consumer controls, improper maintenance, power line surge, lightning damage, modification, introduction of sand, humidity or liquids, commercial use such as hotel, office, restaurant, or other business or rental use of the product or service by anyone other than a Company Authorized Servicer, or damage that is attributable to acts of God. THERE ARE NO EXPRESS WARRANTIES EXCEPT AS LISTED HEREIN.

Any third party products, including software, included with Radiosophy products are not covered by this Radiosophy limited warranty and Radiosophy makes no representations or warranties on behalf of such third parties. Any warranty on such products is from the supplier or licensor of the product.

This limited warranty is void if the factory serial number/bar code label(s) have been removed or defaced.

EXCLUSIVE REMEDIES
Should a covered defect occur during the limited warranty period and you notify Radiosophy, your sole and exclusive remedy shall be, at Radiosophy’s sole option and expense, to repair or replace the product. If Radiosophy cannot reasonably repair nor replace then Radiosophy may, in its sole discretion, refund the purchase price paid for the product. Replacement products or parts may be new or reconditioned or comparable versions of the defective item. Radiosophy warrants any replaced or repaired product, part, or software for a period of ninety (90) days from shipment, or through the end of the original warranty, whichever is longer.

OBTAINING WARRANTY SERVICE
Customer must contact Radiosophy Technical Support or Customer Service within the applicable warranty period to obtain warranty service authorization. Dated proof of original purchase will be required. Products or parts shipped by customer to Radiosophy must be sent postage-paid and packaged appropriately for safe shipment. Radiosophy is not responsible for Customer products received without a warranty service authorization and may be rejected. Repaired or replacement products will be shipped to Customer at Radiosophy’s expense. All products or parts that are replaced become the property of Radiosophy.

WARRANTIES EXCLUSIVE
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY RADIOSOPHY AND ITS SUPPLIERS. ALL THE EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, ARE LIMITED TO THE PERIOD OF THE LIMITED WARRANTY.

LIMITATION OF LIABILITY
NEITHER RADIOSOPHY NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF RADIOSOPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE EXTENT OF THE COMPANY’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT PROVIDED ABOVE AND, IN NO EVENT, SHALL THE COMPANY’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT.

DISCLAIMER
Some states do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damage so the above limitations or exclusions may not apply to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This Warranty gives you specific legal rights and you may also have other rights which vary from state to state.

PARTS AND SERVICE, WHICH ARE NOT COVERED BY THIS LIMITED WARRANTY, ARE THE RESPONSIBILITY OF CUSTOMER.

Radiosophy, LLC
PO Box 709
North Sioux City, SD 57049
(605)217-4100
www.radiosophy.com
April 28, 2005

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Extended Protection Plan

Radiosophy™ Extended Protection Plan
One Year Plan Terms and Conditions

In this Extended Protection Plan (“Plan”), the terms “we”, “us”, “our” and “Company” refer to Radiosophy™, LLC. The terms “you” and “your” refer to the purchaser of this Plan.

1. COVERAGE
If a Radiosophy device or part covered under this Plan fails to operate properly due to defects in materials or workmanship during the time this Plan is in effect, we will replace the covered device or part one time. This Plan is in effect until we replace the covered Radiosophy device, or the Plan has reached its duration, whichever is shorter. The duration of this plan is for a period of one (1) year, which starts at the end of the original factory warranty. The Plan must be in place not less than thirty (30) days prior to the end of the original factory warranty.

2. REPLACEMENT SERVICE PROVIDED
During the Plan’s term:
A. Radiosophy will replace the covered equipment one time, if necessary, subject to the conditions in this section. Contractual obligations are considered fulfilled upon replacement, reimbursement or term expiration.
B. If Radiosophy’s support representative determines that the covered device or part requires replacement, you will ship the covered equipment in accordance with Radiosophy’s instructions, at your expense, to an authorized location. You will receive a replacement product of like grade and quality, or in cases where a replacement cannot be made, a reimbursement for the original purchase price, excluding sales tax, if it is determined that the product failed during normal usage.

Radiosophy reserves the right to change at any time the method by which we provide replacement service to you.

C. If the identical device or part is no longer available, Radiosophy will replace it with a product of comparable functionality. In all cases, we will determine product comparability, including functionality, at our sole discretion. Technological advances and product availability may result in a replacement device or part with a lower selling price than the original. A replacement Radiosophy device or part may be either new, refurbished, or serviceably used, at our option. Non-original manufacturer parts may be used in refurbished products. All products or parts replaced will become Radiosophy’s property. We reserve the right to offer reimbursement for the product in lieu of replacement of the product. In the event we reimburse you for the purchase price of the product or replace your product with one of equal or greater performance, we shall have satisfied all obligations owed under this contract.

3. LIMITATIONS OF LIABILITY
A. This Plan ONLY COVERS failures due to defects in materials and workmanship, and DOES NOT COVER normal wear and tear or cosmetic damage.
B. The Plan ALSO DOES NOT COVER failures which are caused by products not supplied by the Company, or failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, set-up adjustments, improperly adjusted consumer controls, improper maintenance, power line surge, lightning damage, modification, introduction of sand, humidity or liquids, commercial use such as hotel, office, restaurant, or other business or rental use of the product, or service by anyone other than a Company Authorized Servicer, or damage that is attributable to acts of God.
C. Products owned or operated outside any state of the United States or the District of Columbia are excluded. This Plan is not available where prohibited by law.
D. Any equipment with a serial number that has been altered or removed is excluded.
E. The Plan does not cover problems caused by a device that is not included in the covered equipment, including equipment that is not Radiosophy-branded, whether or not purchased at the same time as the covered equipment.
F. Pre-existing conditions (incurred prior to the effective date of coverage) are excluded.
G. RADIOSOPHY, LLC, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME OR DATA, LOSS OF USE OF A COVERED PRODUCT, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF A COVERED PRODUCT, OR FROM DELAYS IN REPLACEMENT OF A COVERED PRODUCT.
H. ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED OR, IF A DISCLAIMER IS NOT PERMITTED BY LAW, ARE EXPRESSLY LIMITED TO THE DURATION OF THE COVERAGE PERIOD SET FORTH ABOVE. Some states do not allow limitation on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This contract gives you specific legal rights, and you may also have other rights, which vary from state to state.
I. OUR MONETARY LIABILITY FOR THIS CONTRACT SHALL NOT EXCEED THE PRICE YOU PAID FOR THIS CONTRACT, AND OUR MONETARY LIABILITY IN CONNECTION WITH ANY RADIOSOPHY DEVICE (other than covered repair or replacement) SHALL NOT EXCEED THE PRICE YOU PAID FOR THE DEVICE, EXCLUDING FREIGHT, SERVICE FEES, AND TAXES.

4. TRANSFERABILITY
This Plan is not transferable.

5. CANCELLATION
You may cancel this Plan at any time for any reason by contacting Radiosophy in writing at PO Box 709, North Sioux City, SD 57049. Your notice must be accompanied by a copy of your proof of purchase of the Plan. Unless state law provides otherwise, if you cancel within 30 days after your Plan purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan; if you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less the value of any service provided to you under the Plan. Radiosophy may cancel this Plan if you make a material misrepresentation, or substantially breach your duties under this Plan.

6. OTHER PROVISIONS
A. Radiosophy may subcontract or assign performance of its obligations to third parties.
B. Radiosophy is not obligated to renew this Plan. If Radiosophy does offer a renewal, it will determine the price and terms.
C. The laws of the State of South Dakota govern this Plan. If the law of any jurisdiction where this Plan is purchased and enrolled/activated is inconsistent with these terms, the law of that state will control.
D. The Plan’s obligor is Radiosophy, LLC., PO Box 709, North Sioux City, SD, 57049, unless the laws of your state require otherwise, in which case Radiosophy acts as the agent of the obligor.
E. You are not required to purchase an Extended Protection Plan to obtain the original warranty on a Radiosophy device. This contract is not intended as a warranty or insurance policy.
F. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect.

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Extended Protection Plan

Radiosophy™ Extended Protection Plan
Two Year Plan Terms and Conditions

In this Extended Protection Plan (“Plan”), the terms “we”, “us”, “our” and “Company” refer to Radiosophy™, LLC. The terms “you” and “your” refer to the purchaser of this Plan.

1. COVERAGE
If a Radiosophy device or part covered under this Plan fails to operate properly due to defects in materials or workmanship during the time this Plan is in effect, we will replace the covered device or part one time. This Plan is in effect until we replace the covered Radiosophy device, or the Plan has reached its duration, whichever is shorter. The duration of this plan is for a period of two (2) years, which starts at the end of the original factory warranty. The Plan must be in place not less than thirty (30) days prior to the end of the original factory warranty.

2. REPLACEMENT SERVICE PROVIDED
During the Plan’s term:
A. Radiosophy will replace the covered equipment one time, if necessary, subject to the conditions in this section. Contractual obligations are considered fulfilled upon replacement, reimbursement or term expiration.
B. If Radiosophy’s support representative determines that the covered device or part requires replacement, you will ship the covered equipment in accordance with Radiosophy’s instructions, at your expense, to an authorized location. You will receive a replacement product of like grade and quality, or in cases where a replacement cannot be made, a reimbursement for the original purchase price, excluding sales tax, if it is determined that the product failed during normal usage.

Radiosophy reserves the right to change at any time the method by which we provide replacement service to you.

C. If the identical device or part is no longer available, Radiosophy will replace it with a product of comparable functionality. In all cases, we will determine product comparability, including functionality, at our sole discretion. Technological advances and product availability may result in a replacement device or part with a lower selling price than the original. A replacement Radiosophy device or part may be either new, refurbished, or serviceably used, at our option. Non-original manufacturer parts may be used in refurbished products. All products or parts replaced will become Radiosophy’s property. We reserve the right to offer reimbursement for the product in lieu of replacement of the product. In the event we reimburse you for the purchase price of the product or replace your product with one of equal or greater performance, we shall have satisfied all obligations owed under this contract.

3. LIMITATIONS OF LIABILITY
A. This Plan ONLY COVERS failures due to defects in materials and workmanship, and DOES NOT COVER normal wear and tear or cosmetic damage.
B. The Plan ALSO DOES NOT COVER failures which are caused by products not supplied by the Company, or failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, set-up adjustments, improperly adjusted consumer controls, improper maintenance, power line surge, lightning damage, modification, introduction of sand, humidity or liquids, commercial use such as hotel, office, restaurant, or other business or rental use of the product, or service by anyone other than a Company Authorized Servicer, or damage that is attributable to acts of God.
C. Products owned or operated outside any state of the United States or the District of Columbia are excluded. This Plan is not available where prohibited by law.
D. Any equipment with a serial number that has been altered or removed is excluded.
E. The Plan does not cover problems caused by a device that is not included in the covered equipment, including equipment that is not Radiosophy-branded, whether or not purchased at the same time as the covered equipment.
F. Pre-existing conditions (incurred prior to the effective date of coverage) are excluded.
G. RADIOSOPHY, LLC, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME OR DATA, LOSS OF USE OF A COVERED PRODUCT, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF A COVERED PRODUCT, OR FROM DELAYS IN REPLACEMENT OF A COVERED PRODUCT.
H. ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED OR, IF A DISCLAIMER IS NOT PERMITTED BY LAW, ARE EXPRESSLY LIMITED TO THE DURATION OF THE COVERAGE PERIOD SET FORTH ABOVE. Some states do not allow limitation on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This contract gives you specific legal rights, and you may also have other rights, which vary from state to state.
I. OUR MONETARY LIABILITY FOR THIS CONTRACT SHALL NOT EXCEED THE PRICE YOU PAID FOR THIS CONTRACT, AND OUR MONETARY LIABILITY IN CONNECTION WITH ANY RADIOSOPHY DEVICE (other than covered repair or replacement) SHALL NOT EXCEED THE PRICE YOU PAID FOR THE DEVICE, EXCLUDING FREIGHT, SERVICE FEES, AND TAXES.

4. TRANSFERABILITY
This Plan is not transferable.

5. CANCELLATION
You may cancel this Plan at any time for any reason by contacting Radiosophy in writing at PO Box 709, North Sioux City, SD 57049. Your notice must be accompanied by a copy of your proof of purchase of the Plan. Unless state law provides otherwise, if you cancel within 30 days after your Plan purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan; if you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less the value of any service provided to you under the Plan. Radiosophy may cancel this Plan if you make a material misrepresentation, or substantially breach your duties under this Plan.

6. OTHER PROVISIONS
A. Radiosophy may subcontract or assign performance of its obligations to third parties.
B. Radiosophy is not obligated to renew this Plan. If Radiosophy does offer a renewal, it will determine the price and terms.
C. The laws of the State of South Dakota govern this Plan. If the law of any jurisdiction where this Plan is purchased and enrolled/activated is inconsistent with these terms, the law of that state will control.
D. The Plan’s obligor is Radiosophy, LLC., PO Box 709, North Sioux City, SD, 57049, unless the laws of your state require otherwise, in which case Radiosophy acts as the agent of the obligor.
E. You are not required to purchase an Extended Protection Plan to obtain the original warranty on a Radiosophy device. This contract is not intended as a warranty or insurance policy.
F. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect.

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