Terms and Conditions

“The Cellairis Bundle”

WHAT IS THIS DOCUMENT: The terms and conditions within this document describe the Guaranty that You will receive when You purchase The Cellairis Bundle, have the items installed onto Your Device, and register The Cellairis Bundle on the Cellairis® app, which can be found in the App Store.You must keep this document and Your receipt for The Cellairis Bundle, as they may be necessary in order to receive services under this Guaranty and they are also things You should hold onto in case there is ever an issue.Also, You may be required to produce some of them to obtain service if the screen on Your Device breaks while using The Cellairis Bundle.

OTHER VERY IMPORTANT INFORMATION:You must maintain the Device as recommended by the manufacturer's owner’s manual or product warranty.There are no deductibles that apply to this program.This document does not replace the manufacturer’s warranty for Your Device.Repair of the Device under this document may void the manufacturer's warranty.

DEFINITIONS OF WORDS OR PHRASES USED IN THIS DOCUMENT:

(1) “We”, “Us” and “Our” means Global Cellular, Inc., which is the company that manufacturers the products that are included within The Cellairis Bundle.

(2) “You” and “Your” mean the original purchaser of The Cellairis Bundle installed on the Device or any persons to whom the Device was transferred to during the term of the guaranty.

(3) “Device” means any of the below wireless devices which are registered within 30 days of buying The Cellairis Bundle:

(4) “Accidental Screen Damage” means damage that occurs to the LCD and/or Digitizer screen of Your Device during normal use resulting from failure of The Cellairis Bundle to protect the screen on Your Device.Accidental Screen Damage does not mean water damage, as that is NOT covered by our guaranty, and there are other events and examples of what is not covered below (See the section on “What Is Not Covered”).

(5) "Guaranty" means Our promise of the effectiveness of The Cellairis Bundle to protect the screen on Your Device from Accidental Screen Damage as set forth in these Terms and Conditions.

 

TIME TO TALK ABOUT WHAT THIS PROGRAM IS ALL ABOUT

WHAT MAKES UP THE CELLAIRIS BUNDLE:“The Cellairis Bundle” means the Rapture® Case and Shell Shock® Screen Protector purchased for Your Device from an independently owned and operated Cellairis location operating under the Cellairis® name as well as those approved locations that sell The Cellairis Bundle.

ONCE I REGISTER THE CELLAIRIS BUNDLE HOW LONG IS THE GUARANTY?The “Term” of the Guaranty begins on the date of registration of The Cellairis Bundle (which must be within 30 days of the purchase of The Cellairis Bundle), and continues for the earlier of (1) 3 years or (2) if the screen on the Device needs to be repaired and it cannot be repaired because of other issues with the Device and the Cellairis retailer “totals” Your Device and You receive the $150.00 payment (this is all described below).In the event Your Device is being serviced by an authorized service center (which participating locations can be found at www.cellairis.com) when the 3 year period expires, then do not worry, the term will be extended to cover the repair or in the discretion of the independently owned and operated Cellairis retailer, the repair cannot be made and We make a payment to You in the amount of $150.00 (which is all described below).

HOW DOES THE GUARANTY WORK?You must first purchase The Cellairis Bundle for Your Device, which seems easy enough, but what do You need to do next?Well, Your Device will qualify for the Guaranty only if You download the Cellairis App from the App Store, use the App to complete the diagnostic process, which will include a few tests to make sure that the Device is in working order (because we cannot guarantee The Cellairis Bundle will work if Your Device is broken to begin with) and register the Device on the App, all within 30 days of purchase of The Cellairis Bundle.The tests will include (1) a “touch screen test”, where a grid will appear on Your screen (think of a tic-tac-toe board, but with more squares) and You have to tap each square (2) a “selfie test”, where You will use a mirror, which will be located at the authorized retailer location if you purchase the product in a store, or you can use any mirror if you purchase the product online, in order to take a photo of the screen so We can make sure that the screen has no cracks and (3) a functionality test to make sure Your Device is working properly.

WHAT IF MY DEVICE IS BROKEN AND I CANNOT REGISTER?If Your Device cannot be registered because it fails the diagnostic tests, then we know You are not happy, but hopefully we can help out!Go to any of the authorized Cellairis retailers and have one of the friendly repair technicians look at Your Device and give You an estimate for repairing Your Device so that it can work properly.Once the Device is working, You can then register the Device, but remember, this Guaranty is effective only if You complete the registration within 30 days of Your purchase of The Cellairis Bundle.

WHAT HAPPENS IF MY SCREEN BREAKS?Here is the good news and why You purchased The Cellairis Bundle!Once You have installed The Cellairis Bundle and registered Your Device on the App, if Accidental Screen Damage occurs during the term of this Guaranty, any of the authorized Cellairis retailers (which locations can be found at www.cellairis.com) will repair or replace the screen for Your Device as provided in this Guaranty at no cost to You!We will also replace, at no cost to You, the screen protector and the protective case for the Device.But remember, for the repair to be covered, the Accidental Screen Damage must have happened while The Cellairis Bundle was installed on the Device and You must have registered The Cellairis Bundle within 30 days of Your purchase.Parts will be replaced with those of like kind and quality manufactured by the manufacturer of the Device or manufacturer of The Cellairis Bundle components.The independently owned and operated Cellairis retailer may use new or remanufactured parts.You are responsible to backup all Device software and data prior to commencement of repair.

WHAT HAPPENS IF JUST THE SCREEN PROTECTOR BREAKS AND NOT THE SCREEN?If just the Shell Shock® screen protector breaks, then one of the authorized Cellairis retailers will replace the Shell Shock® screen protector at no cost to You.

WHAT HAPPENS IF JUST THE PROTECTIVE CASE BREAKS AND NOT THE SCREEN?If just the Rapture® case breaks, then one of the authorized Cellairis retailers will replace the Rapture® case at no cost to You.Remember, the Rapture® case will only be replaced for free if the function of the case is an issue, or if the case actually breaks.It will not be replaced if the case is scratched or marked or if You just want something different (but a Cellairis retailer will happily work with You to purchase a new one).

WHAT HAPPENS IF BOTH THE SCREEN PROTECTOR AND CASE BREAK BUT NOT THE SCREEN?If both items of The Cellairis Bundle break, then one of the authorized Cellairis retailers will replace both of the items at no cost to You as detailed above.

WHAT HAPPENS IF THE SCREEN CANNOT BE REPAIRED?If the screen cannot be repaired, if parts are no longer available, or if parts have been discontinued by the manufacturer, then in the discretion of the independently owned and operated Cellairis retailer, We will make a payment to You in the amount of $150.00.The payment of the $150.00 will be in place of a repair, and the Device will be deemed to be “totaled” (think of a car after an accident and it is not repaired and so You get a check instead).The $150.00 is the maximum amount We will pay in the event the Device is not repairable.Once the Cellairis retail store determines that Your Device is unable to be repaired, and if You would like to receive the $150.00 check (or You could go to another Cellairis retailer and get a second opinion), then a claim will be created.You will fill out information that is needed to process Your check, such as Your name and address, so We know who to write the check to and where to mail it to.You must provide this information while at a Cellairis location (this can only be done in person) and Your information will be sent to Us and We will send You a check.The information on the form will only be used to process Your check by Us and We may contact You to learn about Your customer experience and verify the return.You will receive the check within 10-15 business days of our receiving Your information.Delays may be experienced in the case of incomplete claim forms or wrong information being reported to Us.

DO YOU PROVIDE A MAIL IN OPTION?YES!If Your screen on Your Device breaks and You do not live near a participating Cellairis retail location or if You are unable to visit a participating Cellairis retail location for any reason (which participating locations can be found at www.cellairis.com), then this Guaranty still applies.You need to follow these simple steps:(1) Contact our Customer Service Department at 1.888.516.2856 or by email at Customerservice@Cellairis.com to obtain Your mail in form and shipping label; (2) pack Your Device securely, and make sure The Cellairis Bundle is on Your Device (screen protector and protective case), to make sure it gets to us safe and sound and in one piece (we do not want to get a Device with more damage than just the screen needing repair!); (3) print off a copy of the form that is provided to You by the customer service agent and put the pre-paid UPS label on the outside of the box; and (4) go to a UPS location and drop off the package so it can get to us!Once We receive Your Device a customer service agent will contact You to discuss all Your options.  You assume the risk of loss during shipment, so please make sure all instructions are followed.

WHAT IF YOU WANT TO RETURN THE CELLAIRIS BUNDLE?If You want to return The Cellairis Bundle because Your Device fails the diagnostic test (which means You cannot register The Cellairis Bundle) or if You just want to return The Cellairis Bundle then You may do so.There are a few conditions that You need to follow for Your return:(1) You have 30 days from the date of purchase to make a return; (2) You must have the original receipt; (3) You must return The Cellairis Bundle to the store You purchased it from as indicated on the receipt; and (4) You must return both parts of The Cellairis Bundle.If You purchased The Cellairis Bundle using a credit card or debit card, You will receive a refund of the purchase price, including applicable taxes, upon return on the credit card or debit card used when You made the purchase.If You purchased The Cellairis Bundle using cash, then You will receive a refund at the time of making the return for the purchase price including applicable taxes in the form of cash.

WHAT IF YOU WANT TO RETURN THE CELLAIRIS BUNDLE BUT DO NOT LIVE NEAR A PARTICIPATING CELLAIRIS RETAIL LOCATION OR IF YOU PURCHASED THE CELLAIRIS BUNDLE ONLINE?Just like the above, if You want to return The Cellairis Bundle because Your Device fails the diagnostic test (which means You cannot register The Cellairis Bundle) or if You want to return The Cellairis Bundle but You do not live close to a participating Cellairis retail location or if You are unable to visit a participating Cellairis retail location for any reason (which participating locations can be found at www.cellairis.com), or if You purchased The Cellairis Bundle online, then You may do so.You need to follow these simple steps:(1) Contact our Customer Service Department at 1.888.516.2856 or by email at Customerservice@Cellairis.com to obtain Your Return Merchandise Authorization (“RMA”) number and shipping label; (2) once You have obtained the RMA Number, print off a copy of the Cellairis RMA form and UPS label and follow the instructions on the form (please remember to enter the RMA Number on the form); (3) enclose a copy of the Cellairis RMA form with Your shipment; (4) pack both parts of The Cellairis Bundle (screen protector and protective case) securely in order to ensure safe return back to us; (5) put the pre-paid UPS label on the outside of the box; and (6) go to a UPS location and drop off the package so it can get to us!You assume the risk of loss during shipment, so please make sure all instructions are followed.Please remember that if You chose to mail a return to Us, then the conditions from the above still apply:  (1) You still only have 30 days from the date of purchase to make a return; (2) You must have the original receipt; and (3) You must return both parts of The Cellairis Bundle in order to receive a full refund.

 

OTHER LEGAL ISSUES THAT YOU NEED TO KNOW ABOUT

WE ONLY REPAIR THE SCREEN, NOT OTHER PROBLEMS WITH YOUR DEVICE.

BESIDES WATER DAMAGE, WHAT ELSE IS NOT COVERED:(1) screen on a Device not originally covered by a manufacturer’s warranty; (2) screen or Device repairs that are covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (3) cleaning; periodic checkups; preventive maintenance; (4) any and all pre-existing conditions that occur prior to the effective date of the registration of The Cellairis Bundle; (5) parts or repairs due to normal wear and tear, and items normally designed to be periodically replaced by You during the life of the Device; (6) damage from abuse, misuse, mishandling, introduction of foreign objects into the Device, unauthorized modifications or alterations to the Device; failure to follow the manufacturer’s instructions; third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature; (7) loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (8) incidental, consequential or secondary damages or delay in rendering service; loss of use during the period that the Device is at an authorized service center or awaiting parts; (9) non-functional or aesthetic parts including but not limited to plastic parts, scratches, peeling and dents; (10) unauthorized repairs and/or parts; (11) accessories used in conjunction with a Device; (12) any other loss other than Accidental Screen Damage; (13) service where no problem can be found; (14) screen breakage that is not reported during the Term; (15) additional exclusions specific to Your Device; (16) any cracked screen that occurs when both elements of The Cellairis Bundle were not being used at the same time.

CAN THIS GUARANTY BE RENEWED?NO, the Term of this Guaranty cannot be renewed.

CAN THIS GUARANTY BE transferred TO SOMEONE ELSE?YES!This Guaranty is transferable to any person to whom the Device, with The Cellairis Bundle installed, was transferred to during the Term.The registration is tied to the specific identifying unique serial number or other unique number associated with each individual Device (such as the IMEI number for Apple products).Nothing in these terms and conditions shall replace the manufacturer’s warranty, except as noted above.

WHAT IS THE TERRITORY FOR THE GUARANTY PROGRAM?The Guaranty is limited to the United States of America, including the District of Columbia, only.It does not include Canada, Mexico, or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.

WHAT IS THE MAXIMUM AMOUNT OF MONEY WE ARE LIABLE FOR IF SOMETHING GOES WRONG:Our limit of liability for Your Device under this guaranty is the cost of authorized repairs, or replacement as determined by Us, with a screen of like quality and similar features, provided however, in no event will Our total liability for repairs or replacement exceed $150.00, excluding sales tax and installation costs.IN NO EVENT SHALL WE OR ANY OF OUR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE.

WHAT HAPPENS IF YOU WANT TO SUE US?NO, hopefully, this will never happen because You will be happy with The Cellairis Bundle, but We realize that sometimes disputes happen.If You do want to sue Us, then Your claim needs to be brought through arbitration.The below information is very important and so please read it all as it will affect what happens.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS.IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS GUARANTY AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION.

Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit.In this Arbitration Provision, You, and Us (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution.This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration.The Parties agree and acknowledge that the transaction evidenced by this Guaranty of The Cellairis Bundle affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision.The Parties agree to resolve all claims, disputes, and controversies (collectively “Claims”) of You individually related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity.In addition, the arbitrator shall decide issues related to the applicability, scope, and validity of this Arbitration Provision.Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any individual Claim within the jurisdiction of small claims court.You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any individual Claims arising under this Agreement between or among the Parties.

NO CLASS ACTIONS:YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS-ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT.NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION.THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS.THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

The arbitration shall be administered by the American Arbitration Association (“AAA”).The arbitration shall be governed pursuant to the AAA Commercial Arbitration Rules (the “Code”).The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced.You have a right to attend the arbitration hearing in person.You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone.For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at www.adr.org or call (800) 778–7879.If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration.We reserve the right, but We have no obligation, to advance Your share of the costs of any arbitration to allow the arbitration hearings to move forward, but by doing so, We may not be deemed to have waived or relinquished any right to seek recovery of those costs from You.If We initiate arbitration against You, We will pay the AAA fee and all costs associated with the arbitration, except any attorney’s fees You incur if You choose to hire an attorney.Subject to any contrary provisions contained in this Agreement, the Parties agree that the Commercial Arbitration Rules for the AAA in effect as of the time of filing the demand shall govern the conduct and administration of the arbitration.

The Parties agree to pre-hearing discovery in accordance with the Federal Rules of Civil Procedure.The Parties also agree that the Federal Rules of Evidence will govern the admissibility and weight of evidence, including rules regarding the inadmissibility of hearsay.The Parties confirm that the arbitrator may not consider any settlement discussions or offers that might have been made by either Party and may not act as a mediator for the Parties if the parties proceed to mediation at any point.The Parties to the arbitration agree to keep all matters, including evidence and testimony, confidential unless obligated by law to disclose the information or the information is necessary in an application to confirm or vacate the award in court, following any appeal.If any Party to the arbitration receives a subpoena to obtain information or documents from the arbitration, the recipient shall notify the other Party, providing a copy of the subpoena in sufficient time to allow all parties to oppose the subpoena.

Unless otherwise specifically agreed to by the Parties to the arbitration in writing, the award of the arbitrator(s):(1) will be rendered within 30 days of the close of the arbitration hearing record; (2)  will be a reasoned award; (3) may not include punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute; (4) may not include consequential damages; (5) will include an award to the prevailing party as determined by the arbitrator(s), all of the prevailing party’s costs and fees.“Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator(s)' fees, AAA administrative and filing fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, fees for depositions, including all costs of stenography and videography and copies of testimony however recorded, witness fees, and attorneys' fees; and (6) may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules (“Appellate Rules”); and will not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired or any appeal ends.Appeals must be initiated within 30 days of receipt of the arbitrator’s award, as provided by the Appellate Rules, by filing a Notice of Appeal with any AAA office.An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act.An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction.The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.

If any portion of this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety.In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs.

YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THE CELLAIRIS BUNDLE, SENT TO GLOBAL CELLULAR, INC., 6485 SHILOH ROAD, BUILDING B-100, ALPHARETTA, GA 30005, ATTN:LEGAL COUNSEL.

CAN I CANCEL THIS GUARANTY?NO!This Guaranty cannot be cancelled or refunded after registration because it was given to You at no charge.We may only cancel this Agreement for the following reasons:fraud or material misrepresentation.If We cancel this Agreement, we will provide You with written notice of cancellation listing the reason for such cancellation not later than 15 days before the effective date of termination.