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Apple Care Protection Plan For IPod

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    a full refund less the value of any service provided under the Plan. 
    If you cancel more than thirty (30) days after your receipt of this 
    Plan, you will receive a pro rata refund of the original purchase price, 
    based on the percentage of unexpired Coverage Period, less (a) a 
    cancellation fee of twenty-five ($25 USD) dollars or ten percent (10%) 
    of the pro-rata amount, whichever is less, and (b) the value of any 
    service provided to you under the Plan. Unless applicable local law 
    provides otherwise, Apple may cancel this Plan if service parts for the 
    Covered Equipment become unavailable, upon thirty (30) days’ prior 
    written notice. If Apple cancels this Plan, you will receive a pro-rata 
    refund for the Plan’s unexpired term. 
    6.  Transfer of Plan 
    Subject to the restrictions set forth below, you may make a one-time 
    permanent transfer of all of your rights under the Plan to another 
    party, provided that: (a) the transfer must include the original Proof 
    of Purchase, the Plan’s Certificate and all of the Plan’s packaging 
    material, including printed materials and these Terms and Conditions; 
    (b) you notify Apple of the transfer by sending, faxing or emailing 
    notice of transfer to Apple Inc., ATTN: Agreement Administration, 
    MS: 217AC, 2511 Laguna Blvd, Elk Grove, CA 95758, U.S., fax number 
    916-399-7337 or [email protected], respectively; and (c) 
    the party receiving the Plan reads and agrees to accept the Terms 
    and Conditions of the Plan. When notifying Apple of the transfer of   
    						
    							32Englishthe Plan, you must provide the Plan Agreement Number, the serial 
    numbers of the Covered Equipment being transferred and the name, 
    address, telephone number and email address of the new owner. 
    7.  General Terms 
    a.   Apple 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.   Apple is not responsible for any failures or delays in performing 
    under the Plan that are due to events outside Apple’s reasonable 
    control.
    c.   You are not required to perform preventative maintenance on the 
    Covered Equipment to receive service under the Plan.
    d.   This Plan is offered and valid only in the fifty states of the United 
    States of America, the District of Columbia and Canada. This Plan is 
    not offered to persons who have not reached the age of majority. 
    This Plan is not available where prohibited by law.
    e.   In carrying out its obligations Apple may, at its discretion and 
    solely for the purposes of monitoring the quality of Apple’s 
    response, record part or all of the calls between you  
    and Apple. 
    f.   You agree that any information or data disclosed to Apple under 
    this Plan is not confidential or proprietary to you. Furthermore,   
    						
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    you agree that Apple may collect and process data on your behalf 
    when it provides service. This may include transferring your data 
    to affiliated companies or service providers located in countries 
    where data protection laws may be less comprehensive than 
    your country of residence, including but not limited to Australia, 
    Canada, countries of the European Union, India, Japan, the 
    People’s Republic of China and the U.S.
    g.   Apple 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 Apple regarding the processing of data, and Apple 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 how your data may be impacted by being processed in 
    this way, contact Apple at the telephone numbers provided.
    h.  
    Apple will protect your information in accordance with Apple 
    Customer Privacy Policy available at URL www.apple.com/legal/
    privacy. If you wish to have access to the information that Apple 
    holds concerning you or if you want to make changes, access URL 
    www.apple.com/contact/myinfo to update your personal contact 
    preferences or you may contact Apple at [email protected].   
    						
    							34Englishi.
      The Terms and Conditions of this Plan prevail over any conflicting, 
    additional, or other terms of any purchase order or other 
    document, and constitute your and Apple’s entire understanding 
    with respect to the Plan.
    j.   Your rights under the Plan are in addition to any warranty rights 
    you may be entitled to. You must purchase and register the Plan 
    while your Covered Equipment is within Apple’s One Year Limited 
    warranty. Apple is not obligated to renew this Plan. If Apple does 
    offer a renewal, it will determine the price and terms.
    k.   There is no informal dispute settlement process available under 
    this Plan.
    l.   For Plans sold in the United States, “Apple” is AppleCare Service 
    Company, Inc. an Arizona corporation with its registered office at 
    c/o CT Corporation System, 2394 East Camelback Road, Phoenix, 
    Arizona 85016, doing business in the state of Texas as Apple 
    CSC, Inc., and the obligations of such Plans are backed by the 
    full faith and credit of the provider, AppleCare Service Company, 
    Inc. For Plans sold in Canada, “Apple” is Apple Canada Inc., 7495 
    Birchmount Road, Markham, Ontario, L3R 5G2, Canada. Apple 
    Canada Inc. is the legal and financial obligor for Plans sold in 
    Canada.
    m.  The Administrator for Plans sold in the United States is Apple 
    Inc. (the “Administrator”), a California corporation with its   
    						
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    registered office at 1 Infinite Loop, Cupertino, California 95014. 
    The Administrator is responsible for the collection and transfer to 
    AppleCare Service Company, Inc. of the purchase price for the Plan 
    and for the administration of claims under the Plan.
    n.   Except where prohibited by law, the laws of the state of California 
    govern Plans purchased in the United States. Except where 
    prohibited by law, the laws of the province of Ontario govern 
    Plans purchased in Canada. If the law of any jurisdiction where 
    this Plan is purchased is inconsistent with these terms, including 
    the jurisdictions of Arizona, Florida, Georgia, Nevada, Oregon, 
    Vermont, Washington, and Wyoming, the law of that jurisdiction 
    will control. 
    o.   Support services under this Plan may be available in English and 
    French only.
    p.   There is no deductible payment due in respect of a claim made 
    under this Plan.
    q.   The Plan will not be cancelled due to pre-existing conditions in 
    the Covered Equipment that are eligible for service under 
    this Plan.
    8.  State Variations 
    The following state variations will control if inconsistent with any 
    other provisions of this Plan:   
    						
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    Alabama, California, Hawaii, Maryland, Minnesota, Missouri, New 
    Mexico, New York, Nevada, South Carolina, Texas, Washington and 
    Wyoming Residents 
    If you cancel this Plan pursuant to Section 5 of these Terms and 
    Conditions, and we fail to refund the purchase price to you within 
    thirty (30) days for California, New York, Missouri and Washington 
    residents, within forty-five (45) days for Alabama, Hawaii, Maryland, 
    Minnesota, Nevada, South Carolina, Texas and Wyoming residents, and 
    within sixty (60) days for New Mexico residents, we are required to 
    pay you a penalty of 10% per month for the unpaid amount due and 
    owing to you. The right to cancel and receive this penalty payment 
    only applies to the original owner of the Agreement and may not be 
    transferred or assigned. The obligations of the provider under this 
    service contract are backed by the full faith and credit of the provider, 
    AppleCare Service Company, Inc.
      California Residents 
    If you cancel within thirty (30) days of your Plan receipt, you will 
    receive a full refund less the value of any service provided under the 
    Plan.
      Colorado Residents 
    Notice: This Plan is subject to the Colorado Consumer Protection Act 
    or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.   
    						
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    Connecticut Residents 
    The expiration date of the Plan will automatically be extended by 
    the period that the Covered Equipment is in Apple’s custody while 
    being serviced. Resolution of Disputes: Disputes may be resolved by 
    arbitration. Unresolved disputes or complaints may be mailed, with 
    a copy of this Plan, to State of Connecticut, Insurance Dept., P.O. Box 
    816, Hartford, CT 06142-0846, Attn: Consumer Affairs.
      Florida Residents 
    The laws of the State of Florida will govern this Plan and any disputes 
    arising under it. The rate charged for the contract is not subject to 
    regulation by the Florida Office of Insurance Regulation.
      Michigan Residents 
    If performance of the service contract is interrupted because of a 
    strike or work stoppage at the company’s place of business, the 
    effective period of the service contract shall be extended for the 
    period of the strike or work stoppage.
      Nevada Residents 
    Cancellations: No Plan that has been in effect for at least 70 days may 
    be canceled by the provider before the expiration of the agreed term 
    or one year after the effective date of the Plan, whichever occurs first, 
    except on the following grounds: 
    a.   Failure by the holder to pay an amount due;   
    						
    							38Englishb.
      Conviction of the holder of a crime which results in an increase in 
    the service required; 
    c.   Discovery of fraud or material misrepresentation by the holder in 
    obtaining the Plan, or in presenting a claim for service thereunder;
    d.   Discovery of an act or omission by the holder, or a violation by 
    the holder of any condition of the Plan, which occurred after the 
    effective date of the Plan and which substantially and materially 
    increases the service required under the Plan; 
    e.   A material change in the nature or extent of the required service 
    or repair which occurs after the effective date of the Plan and 
    which causes the required service or repair to be substantially and 
    materially increased beyond that contemplated at the time that 
    the Plan was issued or sold. 
    Grounds for cancellation; date cancellation effective. No 
    cancellation of a service contract may become effective until 
    at least 15 days after the notice of cancellation is mailed to the 
    holder.
    Cancellation of contract; Refund of purchase price; cancellation fee. 
    (i)  If Apple cancels this Plan, Apple shall refund to Nevada 
    consumers the portion of the purchase price that is unearned. 
    Apple may deduct any outstanding balance on your account 
    from the amount of the purchase price that is unearned when 
    calculating the amount of the refund. If Apple cancels a contract   
    						
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    pursuant to NRS 690C.270, it may not impose a cancellation fee. 
    (ii)  Except as otherwise provided in this section, a Nevada 
    resident who is the original purchaser of this Plan, who 
    submits to Apple a request in writing to cancel the Plan in 
    accordance with the terms of the Plan, shall receive a refund 
    of the portion of the Plan’s purchase price that is unearned. 
    (iii)  If you request the cancellation of this Plan, Apple may 
    impose the cancellation fee described in the Plan, but will 
    not deduct the value of any service provided. 
    (iv)  When Apple calculates the amount of a refund pursuant 
    to subsection (ii), it may deduct from the portion of the 
    purchase price that is unearned: (a) any outstanding balance 
    on the account; and (b) any cancellation fee imposed 
    pursuant to this Plan.
    AppleCare Service Company, Inc. backs this Plan for Nevada residents 
    by its full faith and credit. 
      New Hampshire Residents 
    In the event you do not receive satisfaction under this contract, you 
    may contact the New Hampshire insurance department, by mail 
    at State Of New Hampshire Insurance Department, 21 South Fruit 
    Street, Suite 14, Concord NH 03301, or by telephone, via Consumer 
    Assistance, at 800-852-3416.  
    						
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    New Mexico Residents 
    Cancellations: No Plan that has been in effect for at least 70 days may 
    be canceled by the provider before the expiration of the agreed term 
    or one year after the effective date of the Plan, whichever occurs first, 
    except on the following grounds: 
    a.   Failure by the holder to pay an amount due;
    b.   Conviction of the holder of a crime which results in an increase in 
    the service required;
    c.   Discovery of fraud or material misrepresentation by the holder in 
    obtaining the Plan, or in presenting a claim for service thereunder;
    d.   Discovery of an act or omission by the holder, or a violation by 
    the holder of any condition of the Plan, which occurred after the 
    effective date of the Plan and which substantially and materially 
    increases the service required under the Plan;
    e.   A material change in the nature or extent of the required service 
    or repair which occurs after the effective date of the Plan and 
    which causes the required service or repair to be substantially and 
    materially increased beyond that contemplated at the time that 
    the Plan was issued or sold. 
      North Carolina Residents 
    The purchase of this Plan is not required either to purchase or to 
    obtain financing for computer equipment. Apple will not cancel this   
    						
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