Motorola Service Center Complaint

[Billi Plancarte]

Youmay cancel this Contract at any time for any reason. If You cancel this Contract within thirty (30) days of the date purchased You will receive a refund of the full purchase price less any claims. If You cancel this Contract thereafter, You will not be entitled to a refund of any portion of the purchase price.

After Motorola authorises your claim, we will at our sole discretion repair your Product with new or refurbished parts, or replace your Product with a new or refurbished Product with comparable specifications. The decision to repair or replace will be made solely by Motorola. If your Product requires repair, service will be provided by an authorised service center or by subcontractors. You may be asked to provide proof of purchase as a condition for receiving service under this Agreement. Your original purchase receipt should be kept with this Agreement in a safe place.

Payment must be received by Motorola in advance of providing ESP. If you do not register with Motorola for ESP, you will be required to provide your proof of purchase as evidence of your entitlement to ESP.

THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT PAID FOR THE PRODUCT.

THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH MOTOROLA IS LIABLE UNDER LAW.

If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in full force and effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Each of us grants the other only the rights specified in this Agreement. No other license or rights (including license or rights under patents) are granted by either of us to the other. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent.

Neither of us will bring a legal action arising out of or related to this Agreement or Service more than two years after the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract.

Both you and Motorola consent to the application of the laws of the jurisdiction where the service is purchased to govern, interpret, and enforce our respective rights, duties, and obligations under or relating to this Agreement, without regard to conflict of law principles. Each of us hereby waives our right to a jury trial in any action arising under or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Pursuant to regional laws and requirements, we may have separate privacy statements for certain products. Those privacy statements are supplementary privacy statements to this statement, and are intended to be consistent with the Lenovo privacy principles and practices described herein.

Please note that secondary users and guest users of Lenovo Products that support such multi-user capabilities may not have the same ability to control settings, permissions, and choices related to information collection, use and sharing that the primary user may have.

Lenovo does not use or disclose sensitive personal information of consumers. For consumers residing in California, United States, Lenovo adheres to Section 7027(m) of the California Consumer Privacy Act Regulations. Lenovo does not use sensitive personal information to infer characteristics about consumers.

Your user profile may consist of information, including personal information, we may have gathered from you voluntarily while interacting with Lenovo, such as your use of certain areas of our websites; your Lenovo ID, MyAccount, Passport or Motorola ID account; your contact with our customer service representatives; Lenovo Product(s) registration information; and from certain Lenovo Products and services that you use. Your user profile allows Lenovo to:

Certain Lenovo and Motorola products, applications, and services may use technologies and tools that are powered by machine learning and artificial intelligence. The purpose of these technologies and tools is to deliver and improve our products and services in an ethical way. If a particular Lenovo product, application, or service uses artificial intelligence to process personal information of our customers, consumers or users, we will describe those practices to the extent applicable and as required by law. Additionally, Lenovo may use data collected from products, applications, and services to train machine learning and artificial intelligence models.

The following sections describe in further detail the types of information that may be contained within a user profile, how Lenovo uses that information, whether that information is shared with any third parties, and certain choices you may have regarding the information.

When you choose to create a Lenovo ID, a Motorola ID, register your Lenovo Product, or create an account through My Account or Passport, we will collect information, including personal information, about you and your Lenovo Product(s). We use your Lenovo ID or Motorola ID and related registration and account information to identify you including when you use certain of our software applications (such as Lenovo Vantage) and our interactive services (like our online stores and customer support sites).

If you choose to create a Lenovo ID or Motorola ID or to register your products, we will need to collect certain information from you such as your name, address, email address, language, region/country, product type/model, product serial number, date of product registration, and activation data about your operating system. We will use this information to administer your account or profile; provide services that you requested; and to provide you with communications, including marketing messages that you choose to receive from Lenovo. The information collected and retained by Lenovo for these purposes may be shared with our service providers so that they may provide data hosting, processing and marketing services to and on behalf of Lenovo.

We use this software usage information to analyze the performance of Lenovo applications; to develop enhanced improvements for future versions; and to send you service and support-related (e.g., non-marketing) communications. This information may be shared with our service providers, such as data hosting, processing and software development partners who support Lenovo Products.

We automatically collect certain limited non-personally identifiable information about your Lenovo Product(s) to identify whether the software you are using is the most up to date version, to provide you with software updates (including security updates), to develop new products and software features, and to fix bugs so that your Lenovo Product(s) run smoother and more efficiently.

The following sections describe how certain Lenovo and Motorola software applications handle your information. Please note that these descriptions may not include all Lenovo or Motorola applications available for or on your Lenovo Product. In addition, not all Lenovo Products support all Lenovo or Motorola applications, and different Lenovo or Motorola applications may be available to you and may vary, depending on which Lenovo Product(s) you own and where you are located. Some of the applications described below may be preloaded onto your Lenovo Product or made available for download via an online software or app store.

Lenovo Welcome is an in-device application that welcomes new users of Lenovo Products, including PCs. Within approximately 24 hours after setting up certain Lenovo Products, Lenovo Welcome initiates to help guide you through the Lenovo experience, including the features of your Lenovo Product; to introduce Lenovo Vantage (described below); to make special offers from Lenovo and its partners available to users who choose to receive them; and more. Lenovo collects only basic (non-personally identifiable) device and application-related information and metrics via Lenovo Welcome for these purposes.

Lenovo Vantage is an app that keeps your device up and running and helps you to do more with your PC or tablet. On Lenovo tablets, Lenovo Vantage provides basic device information, such as remaining storage space. Features and functionality of Lenovo Vantage on PCs include:

Lenovo Display Plus allows users to save and launch commonly used layouts on their PC. A layout is the organization of windows that a user has open on their computer. Users can quickly switch between different saved layouts such as presentation layout, gaming layout, etc. Displays Plus works by recognizing locally saved apps and files and remembers the orientation and organization of the windows management. Display Plus can also detect files and apps that are currently open on the PC. We only collect basic information about the software such as version number in order to provide you with an updated version.

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