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    General

    1. The Assurz 100% Satisfaction Guarantee (“ASG”) represents an agreement by Assurz, Inc. (“Assurz”) to refund the purchase price of eligible merchandise in the event that you are dissatisfied with your purchase.  The terms and conditions of the ASG are described in this Agreement.
    2. The ASG is not a warranty on the merchandise you purchased, and is not intended to address material defects or other similar warranties or promises. If your merchandise is defective, we recommend that you contact the product manufacturer or the merchant from whom the item was purchased.
    3. The ASG must be purchased from the merchant or can be provided to you by the merchant at their expense. The ASG is provided together with the merchandise you buy from that merchant, in a single sales transaction via the Internet on the date of your purchase. An ASG may not be purchased or otherwise obtained in a separate transaction, or at a different time, from the merchandise sales transaction.
    4. The ASG may be purchased only from an Assurz-authorized merchant. An ASG purchased from or sold by any merchant that has not been so authorized is not valid and cannot be used to obtain an Assurz refund.
    5. The ASG you purchase as part of your sales transaction covers all eligible merchandise in that sales transaction (see Eligibility below). If your purchase includes multiple items of merchandise, some of which are not eligible, an Assurz refund will not be available for the ineligible items. Assurz merchants should clearly delineate product items that are eligible whenever the ASG is offered for sale, and the ASG will not be effective for ineligible merchandise if the merchant fails to identify those products.

    Eligibility

    1. The agreement represented by the ASG as described herein is offered only for durable goods deemed to be eligible by Assurz and the merchant selling the ASG.
    2. The following items are always ineligible and are not covered by an ASG:
    • Services
    • Food and other perishable goods
    • Travel & lodging
    • Adult content
    • Illegal goods
    • Stored-value cards (gift, phone, etc.)
    • Subscriptions
    • Rented or leased goods
    • Gambling & gaming
    • Hazardous materials
    • Firearms
    1. Additionally, the ASG offer is only valid with the purchase of eligible goods under the following circumstances:
    • Merchandise is purchased outright at the time of the sales transaction (i.e., cannot be leased, rented or purchased in a recurring payments agreement).
    • Merchandise is to be shipped to an address within the US.
    1. Subject to Assurz approval, a merchant may elect to exempt certain items of merchandise from ASG eligibility. An Assurz refund is not available for merchandise exempted in this way, regardless of whether other merchants offer Assurz ASG eligibility for the same merchandise.

    Refund Period

    1. The period during which you may apply for an Assurz refund is the 90-day period beginning on the date your merchandise is shipped to you by the merchant. Your request for a refund must be through an Assurz Customer Assistance representative or by written communications.
    2. The date on which the ASG refund period ends is called the “expiration date.” The expiration date for an ASG is listed in the confirmation email you will receive when the ASG is issued.

    Refund Requirements

    1. Requests for an Assurz refund are made by contacting the Assurz Customer Assistance Center.
    2. To obtain a refund, you must agree to return the merchandise in question to Assurz. We will refund the price of the merchandise (see Amount of Refund below) to you only upon the verified receipt of the merchandise in “returnable” condition at a returns processing center specified by Assurz (see Returning Merchandise below for further details).
    3. Refunds are granted only on eligible items of merchandise (see Eligibility above) that were purchased with an ASG that has not expired.
    4. To obtain a refund, you may be required to provide Assurz with a copy of the original receipt of purchase.
    5. You are required to disclose the nature of your dissatisfaction to the Assurz Customer Assistance Center when requesting a refund. All decisions regarding whether to grant or deny a request for an Assurz refund are in the reasonable discretion of Assurz and are final.
    6. We reserve the right to deny a request for a refund:
    • If the merchant has already paid, or agreed to pay, a refund.
    • If the purchase in question is the subject of an active bank card charge-back dispute.
    • If the purchase price has already been refunded via the bank card charge-back process.
    • In the event of misrepresentation or fraud on the part of the ASG purchaser.
    • In the event that, in our judgment, the ASG purchaser has acted in any way to abuse the service, and/or where the ASG purchaser has had what Assurz determines to be an excessive number of previous refund requests denied.
    1. The refund agreement represented by the ASG is not transferable or assignable; only the original purchaser or recipient (person to whom the merchandise was shipped) may request an Assurz refund.

    Returning Merchandise

    1. Upon initial approval of your request for a refund, Assurz will notify you how and where to return-ship the merchandise in question.
    2. If you do not have the original packaging for the merchandise, we will determine the appropriate packaging materials and provide them to you at our expense.
    3. Assurz will arrange and pay for the shipping of the returning merchandise to our return processing center.
    4. The merchandise must be returned to Assurz within 30 days of our initial approval of your request for a refund.
    5. “Returnable Condition”: We may, at our discretion, reject the returned merchandise and deny the request for a refund if the merchandise received at our return processing center is not in “returnable condition.” Examples include:
    • Merchandise that has been damaged by the purchaser.
    • Merchandise that is not in working condition.
    • Apparel that has been worn or washed.
    • Merchandise that was damaged in transit to the Assurz return processing center, where the damage was caused by the purchaser’s failure to use appropriate packaging.
    • Software that is no longer factory-sealed.
    1. Assurz will return rejected merchandise to the purchaser, provided that the purchaser agrees to pay the associated shipping fee. 
    2. If the purchaser has not requested return of rejected merchandise within 30 days after Assurz notifies the purchaser of the rejection, the rejected merchandise becomes the property of Assurz.

    Payment of Refunds

    1. The amount to be refunded for eligible merchandise will be the original purchase price paid for the merchandise as described on the invoice, the actual sales tax and shipping costs for the original delivery, if any, paid by you.  No other amounts will be refunded in connection with the ASG.  Assurz will not be responsible for providing any replacement goods or any additional amounts that may result from an increase in the price of the merchandise or substitute goods.
    2. Upon satisfaction of all requirements for the ASG, Assurz will send you a check for the refund amount.

    Partial Refunds

    1. If you are dissatisfied with some, but not all, of the items purchased with your ASG, you can request a refund that is limited to those items with which you are dissatisfied. In this case, Assurz will require the return of only those items, and will refund only those items’ purchase price and associated sales tax if applicable.
    2. In the event of a partial refund (as described above): If there is a single shipping/handling fee associated with the ASG, Assurz will refund the entire shipping/handling fee with the first partial refund payment you request. If there are multiple shipping/handling fees associated with the ASG (for example, “split shipping”), only the shipping/handling fee associated with the item(s) being returned will be refunded.

    Miscellaneous

    ASSURZ AND ITS MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE ASG, ASSURZ AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. WITH RESPECT TO THE ASG OR THE MERCHANDISE PURCHASED BY YOU, WE AND OUR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE ORIGINAL PURCHASE PRICE OF THE ELIGIBLE MERCHANDISE.  CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    1. This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the ASG shall be settled by binding arbitration in San Mateo County, California, in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a San Mateo County, California, court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
    1. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized officer of Assurz.