No Questions Asked Protection Plan Policy

This is a legal contract. By purchasing the Nabi NQA! Protection Plan Contract (hereinafter referred to as the “NQA”), you understand that it is a legal contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. This NQA , your NQA purchase receipt (containing the effective date of your NQA, subject to expiration below, and the product purchase receipt constitute the entire agreement between you and us.

DEFINITIONS: Throughout this document the words “we”, “us” and “our” refer to Fuhu, Inc., the Obligor of this NQA. Fuhu can be contacted at Fuhu Inc., 909 N. Sepulveda Blvd. Suite 540 El Segundo, CA 90245. The words “you”, “yours”, “buyer” “customer” refer to the buyer of the NQA.

Coverage

NOTE: YOU MUST KEEP THIS NQA AGREEMENT AND YOUR SALES RECEIPT. THEY ARE INTEGRAL PARTS OF THIS AGREEMENT! PLEASE KEEP BOTH DOCUMENTS IN A SAFE PLACE AS YOU MAY BE REQUIRED TO SHOW ANY OR ALL OF THEM TO OBTAIN SERVICE AND REPLACEMENT OF YOUR PRODUCT.

This NQA covers a one-time only unit replacement and the associated shipping costs (both to our designated facility and the return replacement product) for your product in the event your product fails to properly operate.

Covered/Terms

  1. Your coverage under this NQA is effective starting on the date that you purchase the NQA and will be independent of your Manufacturer’s Standard Factory Warranty. It will expire two (2) years from this effective date as stated on your NQA purchase receipt. The NQA must be purchased according to the terms presented in the offer. Notwithstanding the foregoing, under no circumstances can the NQA be purchased more than ten (10) days after the tablet was purchased.
  2. During and after the manufacturer's warranty expires, this NQA continues to provide the benefits provided by the NQA should it extend beyond the Manufacturer’s Standard Factory Warranty duration.
  3. We will replace your product with a new or like-kind-and-quality product that is of comparable performance or reimburse you for replacement of the product with a voucher or gift card, at our discretion, equal to the current market value of the product, as determined by us, not to exceed the original purchase price of your product, including taxes.
  4. Technological advances may result in a replacement product with a lower selling price than the original product. There will not be any refund for the difference due to you if this occurs.
  5. Our obligations under this NQA will be fulfilled in their entirety if we replace your product with new/like kind and quality product or issue you a voucher or gift card for replacement value of your product pursuant to these terms and conditions.
  6. Parts replaced under the terms and conditions of this NQA become the sole property of Fuhu, Inc., except where prohibited by law.
  7. We will provide you with a one-time replacement of your product for which the NQA was purchased or for one of the items that have been sold as a bundle; NQA applies to any individual part of the bundle.
  8. Parts and services covered during the manufacturer’s warranty period or manufacturer’s recall are apportioned to the Manufacturer’s Factory Warranty and are not covered under this NQA .

Exclusions

  • NQA covers operational and mechanical failure and does not include protection against theft, mysterious disappearance, or misplacement. We will require return of your defective product in order to exercise the NQA.

The NQA also does not cover:

  • Any failure relating to the Replacement Unit provided to you under the NQA (outside of Manufacturer’s warranty) that occurs unless a new NQA has been purchased for the Replacement Unit.
  • Cleaning; periodic checkups; preventive maintenance.
  • Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the covered product is awaiting replacement.
  • Any product used in a commercial setting or rental basis.
  • Any loss other than a covered breakdown.
  • Any installed or external accessory item including but not limited to: any antennae or antennae system; speakers; remote controls; stylus; headphones, keyboards, accessories, etc.

Obtaining Repair or Replacement Service.

  • To obtain/initiate service under this NQA, call Fuhu, Inc. (service department) at 1-855-275-6224, 7AM-7PM PST. During this call we will issue a Claim Authorization for tracking, administrative processes and replacement.
  • When calling in for your claim be sure to have the original product purchase receipt and NQA contract number available so that your claim can be processed.
  • We will replace your unit with a new or like-kind-and-quality product that is of comparable performance or reimburse you for replacement of the product with a voucher or gift card, at our sole discretion, equal to the current market value of the product, as determined by us, not to exceed the original purchase price of your product, including taxes.
  • Technological advances may result in a replacement product with a lower selling price than the original product. There will be no refund for the difference if this occurs.
  • You will be required to secure your replacement product with a credit card number until we receive the defective product from you. If we do not receive your defective product within fourteen (14) days from the date that the Claim Authorization was provided, your credit card will be charged the full retail value of the replacement product.
  • We will ship your replacement unit within two (2) business days via ground shipment.
  • Upon receipt of your replacement unit you will utilize the package and packing material as your return package. We will supply you with a prepaid shipping label and instructions on how to return the defective unit.
  • A service order disclaimer must be signed to obtain non-NQA repairs, if we determine that your unit is not covered by the NQA. This service order disclaimer does not form a part of this NQA and is a separate legal document. Please refer to the service order disclaimer as additional terms/conditions may apply.

State Variations

The following state variations shall control if inconsistent with any other terms and conditions:

ALABAMA RESIDENTS: You may cancel this NQA within twenty (20) days of the receipt of this NQA. If no claim has been made under the NQA, the NQA is void and we shall refund to you the full purchase price of the NQA including any premium paid for the applicable insurance policy. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any, shall be refunded to you. A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after you cancel the NQA. If you cancel this NQA after twenty (20) days of receipt of this NQA, we shall refund to you the unearned portion of the full purchase price of the NQA including the unearned portion of any premium paid for any applicable insurance policy. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any shall be refunded to you.

ARIZONA RESIDENTS: If your written notice of cancellation is received prior to the expiration date, the Administrator shall refund the remaining pro-rata price, regardless of prior services rendered under the NQA. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the Obligor, its assignees, subcontractors and/or representatives.

CALIFORNIA RESIDENTS: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the NQA is cancelled: (a) within sixty (60) days of the receipt of this NQA, you shall receive a full refund of the price paid for the NQA provided no service has been performed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received.

CONNECTICUT RESIDENTS: The expiration date of this NQA shall automatically be extended by the duration that the product is in our custody while being repaired. In the event of a dispute with the Administrator, you may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of the NQA.

FLORIDA RESIDENTS: The NQA shall be cancelled by us for fraud or material misrepresentation, including but not limited to commercial or rental use. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the NQA by us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This NQA can be cancelled by you at any time for any reason by emailing, mailing or delivering to us notice of cancellation. If the NQA is cancelled: (a) within thirty (30) days of the receipt of the NQA, you shall receive a full refund of the price paid for the NQA provided no service has been performed, or (b) after thirty (30) days, you will receive a refund based on 100% of unearned pro rata premium less any claims that have been paid or less the cost of repairs made by us. If we cancel the NQA , the return premium is based upon 100% of the unearned pro rata premium. If we determine in our sole discretion that your product cannot be repaired or your product provides for replacement instead of repair, we will replace your product with a product of like kind and quality that is of comparable performance or reimburse you for replacement of the product with a check, at our discretion, equal to the current market value of the product, as determined by us, not to exceed the original purchase price including all applicable taxes. The rate which is charged for this NQA is not subject to regulation by the Florida Office of Insurance Regulation.

GEORGIA RESIDENTS: This NQA shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the NQA and we shall refund the excess of the consideration paid for the NQA above the customary short rate for the expired term of the NQA. This NQA excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. Should a discrepancy arise in the interpretation of a given issue between the English version and a version issued in another language, the English version will take precedence in all matters.

ILLINOIS RESIDENTS: You may cancel this NQA: a) within thirty (30) days after its purchase if no service has been provided and receive a full refund of the NQA price, less a cancellation fee not to exceed the lesser of ten percent (10%) of the NQA price or fifty dollars ($50.00); or b) at any other time and receive a pro rata refund of the NQA price for the unexpired term of the NQA , based on the number of elapsed months less the value of any service received, and the cancellation fee not to exceed the lesser of ten percent (10%) of the NQA price or fifty dollars ($50.00).

NEVADA RESIDENTS: You are entitled to a “Free Look” period for this NQA. If you decide to cancel this NQA within thirty (30) days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. If you cancel this NQA after thirty (30) days from purchase, you will receive a pro rata refund based on the days remaining, less a cancellation fee of twenty-five dollars ($25.00) or ten percent (10%) of the NQA fee, whichever is less. If we fail to pay the cancellation refund within 45 days of your written request we will pay you a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If this NQA is canceled by Us, no cancellation may become effective until at least 15 days after the notice of cancellation is mailed to you. We can cancel this NQA due to unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current NQA, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the NQA was issued or last renewed. If we cancel this NQA no cancellation fee will be imposed and no deduction for claims paid will be applied. If your covered failure results in a loss of heating, cooling, or electrical power to your air conditioner or refrigerator/freezer, repairs on your covered product will commence within 24 hours after you report your claim. If these repairs cannot be completed within three (3) calendar days, we will send you a report indicating the status of these repairs. This NQA will be cancelled for fraud or material misrepresentation by you. If you are paying for your NQA on a monthly basis we may not deny service to you for non-payment of the monthly fee, however, upon fifteen (15) days’ notice of such non-payment, your NQA will be cancelled. We may deny coverage if you do not provide our repair technicians a safe work environment/condition to perform service.

NEW MEXICO RESIDENTS: If this NQA has been in force for a period of seventy (70) days, we may not cancel before the expiration of the NQA term or two (2) years, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the NQA ; (3) you engage in fraud or material misrepresentation in obtaining this NQA ; (4) you commit any act, omission, or violation of any terms of this NQA after the effective date of this NQA which substantially and materially increase the service required under this NQA ; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this NQA and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this NQA.

NORTH CAROLINA RESIDENTS: The purchase of this NQA is not required either to purchase or to obtain financing for a home appliance.

OKLAHOMA RESIDENTS: IF EITHER YOU OR WE CANCEL THIS NQA, THE RETURN OF THE NQA PRICE WILL BE BASED UPON ONE HUNDRED PERCENT (100%) OF THE UNEARNED PRO RATA PRICE OF THE NQA, LESS THE COST OF ANY SERVICE RECEIVED. IN THE EVENT THE CONTRACT IS CANCELED BY THE WARRANTY HOLDER, RETURN OF PREMIUM SHALL BE BASED UPON NINETY PERCENT (90%) OF THE UNEARNED PRO RATA PREMIUM. IN THE EVENT THE CONTRACT IS CANCELED BY FUHU INC. RETURN OF PREMIUM SHALL BE BASED UPON ONE HUNDRED PERCENT (100%) OF UNEARNED PRO RATA PREMIUM.

SOUTH CAROLINA RESIDENTS: In the event the service NQA provider does not provide covered service within (60) days of proof of loss by the NQA holder, the NQA holder is entitled to apply directly to the Insurance Company. If the Insurance Company does not resolve such matters within sixty (60) days of proof of loss, they may contact the SC Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, (800) 768-3467. A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after you cancel the NQA .

TEXAS RESIDENTS: You are entitled to a “Free Look” period for this NQA. If you decide to cancel this NQA within thirty (30) days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. If you cancel this NQA after thirty (30) days from purchase, you will receive a pro rata refund based on the days remaining, less a cancellation fee of twenty-five dollars ($25.00) or ten percent (10%) of the NQA fee, whichever is less. If you purchased this NQA in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service NQA provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the NQA is returned to the provider. CWG: TDLR Lic #:162.

UTAH RESIDENTS: NOTICE. This NQA is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this NQA is not guaranteed by the Utah Property and Casualty Guarantee Association. This NQA may be cancelled due to unauthorized repair which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this NQA due to fraud or material misrepresentation, you will be notified 30 days prior to the NQA cancellation. If we cancel this NQA due to non-payment, you will be notified 10 days prior to the NQA cancellation.

WASHINGTON RESIDENTS: You may apply directly to the insurance company.

WISCONSIN RESIDENTS: THIS NQA IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This NQA shall not be cancelled due to unauthorized repair of the covered equipment, unless we are prejudiced by your failure to obtain such authorization. We will not exclude unauthorized repair of the covered equipment, unless we are prejudiced by your failure to obtain such authorization. Failure by you to give notice or proof within a reasonable time will not invalidate or reduce your claim unless we are prejudiced by the failure to give notice. If this NQA is canceled, no deduction shall be made from the refund for the cost of any service received.

WYOMING RESIDENTS: This NQA will be considered void and we will refund you the full purchase price of the NQA or credit your account if you have not made a claim under this NQA and you have returned the NQA to us a) within 20 days after the date we have mailed the NQA to you, b) within 10 days after you have received the NQA if the NQA was furnished to you at the time the NQA was purchased, or c) within a longer time period if specified in the NQA . A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the NQA to us. The right to void the NQA provided in this subsection applies only to the original NQA purchaser and is not transferable. If we cancel this NQA for reasons other than nonpayment, a material misrepresentation made by you to us or because of a substantial breach of duties by you relating to the product or its use, we will mail a written notice to you at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.

Limits of Liability

For any claim, the limit of liability under this NQA is the cost of a new or like-kind-and-quality product that is of comparable performance, or replacement with a new or like-kind-and-quality product. The total liability under this NQA is the current market value of the product, as determined by us, not to exceed the original purchase price of your product, including taxes. Technological advances may result in a replacement product with a lower selling price than the original product. In no event shall there be any other liability under the NQA, including, but not limited to loss of use during the period that the covered product is awaiting replacement.

Renewable

This NQA is renewable for any designated Fuhu product. Each NQA is a one-time use agreement. An NQA can be purchased for Replacement Units.

Transferable

This NQA is transferable to another owner for the product identified by the serial number on the NQA. There are no restrictions to transfer your NQA provided your NQA is valid. There are no charges to transfer this NQA.

No Deductibles

There are no deductibles under this NQA.

Cancellation

There are no fees to cancel this NQA. This NQA will be cancelled by us for fraud, material misrepresentation, unsafe work environment/conditions as determined by us, or nonpayment. In the event of cancellation by us, written notice of cancellation will be mailed or emailed to you not less than thirty (30) days before the cancellation is effective. If we cancel this NQA, you will receive a pro-rata refund of the price you paid for the NQA based on the percentage of the NQA’s unexpired term. You may cancel this NQA at any time for any reason by calling 1-855-275-6224, or by sending a notice of cancellation to us. If you cancel within thirty (30) days of your NQA purchase or receipt of this NQA, whichever occurs later, you will receive a full refund of the price paid for the NQA less the value of any service provided to you under this NQA. If you cancel more than thirty (30) days after your receipt of this NQA, you will receive a pro rata refund of the price you paid for the NQA based on the percentage of the NQA ’s unexpired term, less the cost of any service provided. If any cancellation provision is in conflict with the law of your State, the applicable law of your State shall control.