SPARX CARE ES100 SHARPENER SERVICE PLAN

TERMS OF SERVICE

Your SparxCare Service Plan for the Sparx ES100 Skate Sharpener (the “Product”) is governed by these Terms and Conditions (the “Terms”) and constitutes the service contract (the “Contract”) between Velasa Sports, Inc. d.b.a. Sparx Hockey (“Velasa Sports” or “Sparx Hockey”) and you (the “Customer”).  The SparxCare Service Plan (“SparxCare” or the “Plan”) is in addition to the coverage provided by the limited warranty provided by Velasa Sports for your Sparx ES100 Skate Sharpener.

CONTRACT TERM

  1. SparxCare is only available at the time of purchase or within thirty (30) days of the date of purchase (“Purchase Period”)*.  Customers can select a SparxCare coverage period of two (2) or three (3) years (“Coverage Period”) from the original www.sparxhockey.com online purchase date or retail store purchase date as shown on Customer’s receipt (for a total coverage period of 2 years or 3 years from the purchase date).  Customer may not change Coverage Period after the Purchase Period, nor renew the Plan at the end of the Coverage Period.

  2. SparxCare is linked to the serial number of your Product found on the ES100 Sharpener and the ES100 Sharpener packaging.  Every Customer is required to activate SparxCare using the serial number of the Product.

  3. SparxCare only covers one (1) Product.

  4. SparxCare may not be resold and is non-transferable and non-refundable, unless Product is returned in accordance with the thirty (30) day Return Policy outlined in the Sparx Hockey Return Policy, in which case the cost of SparxCare is refundable.

  5. SparxCare, and any associated RMA activity, is only valid in the country in which you purchased your Product.  In the event of a sparxhockey.com or authorized online Sparx Hockey Dealer or Reseller purchase, the Plan is only valid in the country to which the Product was shipped at time of purchase.

  6. SparxCare is available only in the 50 United States and Canada**.

WHAT IS COVERED

  1. The Plan provides unlimited Live Chat (when available) and email support from Sparx Hockey Support (“Support”) as well as replacement parts and return shipping due to normal wear and tear during the Coverage Period, subject to the following limitations:

    1. Customers will only be covered for up to four (4) incidents under the Plan per year in a Coverage Period.  An “incident” means that a Customer either receives (a) a replacement part from Sparx Hockey, or (b) mail-in, physical service on a Product performed by Sparx Hockey.

    2. The Plan will cover the following non-consumable systems and parts: control board, power supply, carriage assembly, motor arm assembly, jaw clamp assembly, display assembly, blower, electrical components and switches.

  2. Exclusions and Limitations.  The Plan does not cover the following consumable parts: Grinding Rings and Air Filters.  The Plan does not cover any damage due to liquid.  The Plan does not cover damage due to abuse, neglect or misuse, extreme environment, unusual physical or electrical stress or interference, exposure to moisture, flooding, fire, or electrical problems associated with incoming power or other acts not the fault of Sparx Hockey.  The Plan does not cover damage due to the Product being dropped or struck by a foreign object.  The Plan does not cover a Product with an altered or removed serial number, or a lost or stolen Product.  The Plan does not cover damage resulting from hardware, software, or firmware modifications to the Product.  The Plan does not cover damage due to failure to comply with Product shipping instructions and/or packing documentation.  Products returned without a Return Merchandise Authorization (“RMA”) or for which the Product serial number does not match the RMA documentation shall not be afforded Service, and you shall be liable for all costs and expenses incurred by us in connection with servicing the unauthorized return.

OBTAINING SERVICE

  1. The original purchaser of the Product and Plan may initiate contact with Sparx Hockey Support (“Support”) via Live Chat or email (preferred) to the help@sparxhockey.com email address.

  2. In order to make a Support request, a Product serial number that is associated with a valid Plan is required (see “Contract Term” section above)

  3. Support Hours of Operation: 9:00AM to 5:00PM EST Monday-Friday.  Hours of operation are subject to change.  Live Chat hours vary, check the website at www.sparxhockey.com to confirm if Live Chat is available (Live Chat pop-up window usually found in bottom right corner of our home page).

  4. Sparx Hockey Support determines the course of action.  The decision to issue replacement parts or have Product or parts of Product returned for servicing is at Support’s discretion.  If replacement parts are deemed necessary, Support will coordinate shipment to you.  If replacement parts are deemed unnecessary by Support, Customer may purchase a replacement part at a cost.  For service requiring return of Product or parts of Product, Support will issue a Return Merchandise Authorization (“RMA”) Number to Customer.  Unauthorized returns or Product’s whose serial number does not match the RMA documentation will not be accepted under any circumstances.  At your risk and expense, you must deliver the Product or parts of Product (with prominent indication of the RMA) to Sparx Hockey or its designated repair center.  Sparx Hockey will cover return shipping and will choose and pay for method of return shipment to Customer.  If Customer requests expedited return shipping, it can be arranged by Sparx Hockey at an additional fee to be pre-paid by Customer.

PRIVACY; USER INFORMATION

Other than personally identifiable information and information relating to a Support request, which is subject to the Privacy Policy of www.sparxhockey.com (the “Website”), any material, information, suggestions, ideas, concepts, know-how, techniques, comments or other communication you transmit in any manner (“Communications”) is and will be considered non-confidential and non-proprietary.  We may use any or all Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.  We may, but are not obligated to, monitor or review any Communications.  We will have no obligation to use, return, review, or respond to any Communications.  We will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.  We retain the right to remove any or all Communications that includes any material we deem inappropriate or unacceptable.

DISCLAIMERS

SPARXCARE IS NOT A SEPARATE WARRANTY OR LIMITED WARRANTY.  SPARXCARE IS IN ADDITION TO SPARX HOCKEY’S ES100 LIMITED WARRANTY.  SPARXCARE IS AN OPTIONAL SERVICE PLAN FOR SERVICE AND TECHNICAL SUPPORT THAT MUST BE PAID FOR BY CUSTOMERS IN ADDITION TO THE PURCHASE PRICE OF THE PRODUCT.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SPARX HOCKEY NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR (A) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGE TO ANY ICE SKATES, LOSS OF REVENUES, OR LOSS OF PROFITS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARX HOCKEY’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

SOME COUNTRIES, REGIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES OR OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THIS SERVICE PLAN DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.

SEVERABILITY

In the event that any of the provisions of this Contract shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions of this Contract shall remain in full force and effect, provided that in such event the parties agree to negotiate in good faith substitute enforceable provisions which most nearly effect the parties’ intent in entering into this Contract.

CHOICE OF LAW; JURISDICTION

This Plan, and any unresolved claims and disputes between you and Sparx Hockey shall be governed by and subject to the laws (exclusive of conflict-of-law provisions) of the Commonwealth of Massachusetts, USA, which shall also be the exclusive venue and jurisdiction for all such claims and disputes.  In the event of any conflict between US and foreign laws, regulations, and rules, US laws, regulations, and rules shall govern.  All claims against Sparx Hockey must be brought within three (3) months from the time they arise.  Other than as expressly set forth above, Sparx Hockey does not authorize any agent or representative to assume any obligation or liability hereunder.

OTHER TERMS

SPARX HOCKEY and SPARXCARE are trademarks or registered marks of Velasa Sports, Inc.  All rights reserved.

Your use of this Site and the Services (including your purchase of Sparx® Products) are governed by our Terms of Service, which are available at https://www.sparxhockey.com/pages/terms-services.  Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service.

Velasa Sports d.b.a. Sparx Hockey may, at any time and in its sole discretion, modify any of the terms and conditions contained in this Plan.  Any purchase of a Sparx® Service Plan is covered under the associated Service Plan document posted at https://www.sparxhockey.com/collections/service-plans at the time of sale of the Plan.

To request a copy of a past revision of a Sparx Hockey Service Plan, please send an email to help@sparxhockey.com and specify the desired Plan and revision date.  Sparx Hockey may request confirmation of your purchase date and product description in order to confirm the appropriate Plan.

* In its sole discretion, Sparx Hockey may offer special promotions from time to time that may extend the Purchase Period.

** Pricing for SparxCare may vary based on location due to shipping and operational costs.

REVISION LIST

____ July 12, 2017