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Smarty Symbols Communication Board Protection Plan Terms and Conditions

This Smarty Symbols Communication Board Protection Plan (“Plan”) is offered by Smarty Symbols, LLC(“Company”, “we”, “us”, “our”), a Texas-based company. This Plan provides coverage for accidental damage to communication boards (“Product(s)”) purchased from the Company, as specified in these Terms and Conditions.

The Plan covers accidental damage, including but not limited to, damage during installation, vandalism, or other unforeseen incidents. This Plan is separate from the standard product warranty and must be purchased at the time of ordering the Product(s).

By purchasing this Plan, you (“Customer”, “you”, “your”) agree to the terms and conditions set forth herein. This document constitutes the entire agreement between the parties concerning the Plan.

Definitions

  • Company: Refers to Smarty Symbols, LLC, the provider of the Protection Plan.
  • Customer: Refers to the individual or entity purchasing the communication board and Protection Plan.
  • Plan: Refers to the Smarty Symbols Communication Board Protection Plan, which provides coverage for accidental damage as described in this document.
  • Product(s): Refers to the communication board(s) purchased by the Customer from the Company and covered under this Plan.
  • Accidental Damage: Unintentional physical damage to the communication board that impacts its functionality or usability, including damage during installation or vandalism.
  • Severe Environmental Damage: Physical damage to the board caused by catastrophic weather events, such as hurricanes, floods, or extreme weather, that requires proof of destruction.
  • Claim: The process initiated by the Customer to request a replacement under this Protection Plan.
  • Replacement: An exact replica of the originally purchased communication board provided to the Customer after a successful claim.
  • Board Frame: The physical structure that supports or surrounds the communication board, which is not covered under the Plan.

2. When Your Plan Begins and Ends

Your Smarty Symbols Communication Board Protection Plan (“Plan”) begins on the date your original Covered Product is delivered to you.

The Plan provides coverage for two (2) years from this delivery date. You may purchase an additional two (2) years of coverage for a maximum total of four (4) years, provided the additional coverage is purchased before the expiration of the initial Plan or within thirty (30) days after the initial Plan ends. If more than thirty (30) days pass after the initial Plan expires, you will no longer be eligible to purchase additional coverage.

Coverage will also end upon the approval and fulfillment of a replacement claim under this Plan. After receiving a replacement board, you may choose to purchase a new Protection Plan to cover the replacement board, as each Plan applies to only one (1) board.

3.1 What is Covered

The Protection Plan covers accidental damage to the communication board, including but not limited to:

  • Installation mishaps: Damage caused during the setup or installation of the board.
  • Vandalism: Damage from defacement, graffiti, or other intentional acts by third parties.
  • Accidental damage: Any unforeseen, unintentional damage that compromises the integrity or usability of the board.
  • Severe environmental damage: Coverage is provided if the board is destroyed due to extreme environmental conditions, such as hurricanes, floods, or other catastrophic weather events. Proof of destruction, such as photos or reports, will be required to process the claim.

Note: This Protection Plan does not cover damage to the board frame, regardless of whether the frame was purchased from the Company or separately by the Customer.


3.2 What is Not Covered

This Plan does not cover:

  • Normal wear and tear: This includes fading, weathering, or general deterioration over time.
  • Negligence, misuse, or improper maintenance: Damage resulting from improper use, lack of maintenance, or intentional acts by the Customer.
  • Modifications to the board’s design or structure: Any changes made after delivery.
  • Manufacturing or shipment defects: Damage already covered by the product’s standard warranty.
  • Board frame: Damage to or issues with the board frame, regardless of whether the frame was purchased from the Company or separately by the Customer.

Claims Process

4.1 Filing a Claim
To make a claim under the Protection Plan, the Customer must:

  • Complete the claim form available on our website.
  • Submit photo or video evidence clearly showing the damage or proof of destruction (in cases of severe environmental damage).
  • Include the date printout provided by the Company as part of the evidence submission.
  • Provide any additional documentation requested by the Company to assist in the claim review process.

4.2 Claim Review

  • Once a claim is submitted, the Company will review the documentation and determine whether the claim qualifies under the terms of the Plan.
  • The Company may request further information or additional evidence if necessary to complete the review.
  • The Company will review submitted claims and respond within 10 business days of receiving all necessary documentation, including any requested additional evidence.
  • In certain cases, the Company may require proof of full destruction of the board before a replacement is issued. Instructions will be provided by the Company if this step is necessary.

4.3 Claim Approval and Replacement

  • Upon approval of the claim and submission of all required evidence, including proof of destruction if applicable, the Company will arrange for a replacement board to be printed and shipped.
  • The replacement will be an exact replica of the original board, with no modifications or changes to the design permitted.
  • Shipping costs for the replacement board will be covered by the Company.

4.4 Claim Denial

  • If a claim is denied, the Customer will be notified with the reasons for the denial and will have the opportunity to provide further evidence if necessary.
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Replacement Process

5.1 Replacement Terms

  • If the claim is approved, the Company will provide a replacement for the damaged or destroyed communication board.
  • The replacement will be an exact replica of the original board, with no modifications allowed to the design, text, colors, or layout.

5.2 Shipping

  • The replacement board will be shipped to the Customer at no additional cost within the continental United States. Shipping fees for replacements sent to locations outside the continental U.S., including Alaska, Hawaii, or international locations, will be the responsibility of the Customer. The Company will make reasonable efforts to deliver the replacement board within a specified time frame, depending on availability and shipping logistics.
  • The Company will make reasonable efforts to deliver the replacement board within a specified time frame, depending on availability and shipping logistics.
5.3 One Replacement per Plan
  • The Protection Plan covers one replacement per board during the coverage period.
  • After the replacement is provided, the Plan is considered fulfilled, and the Customer may purchase a new Protection Plan for the replacement board if desired.
5.4 Additional Coverage After Replacement

Customers may purchase additional coverage for their replacement board within 30 days of receiving the replacement. Before issuing additional coverage, the Customer must submit clear photos of the board to demonstrate that it is in good working condition and free from damage.

The Company reserves the right to deny additional coverage if the board shows signs of pre-existing damage.

Exclusions

6.1 The following are not covered under this Plan:

  • Normal wear and tear: This includes fading, weathering, or general deterioration due to prolonged exposure to outdoor conditions.
  • Negligence or misuse: Damage resulting from improper use, lack of maintenance, or intentional acts by the Customer.
  • Modifications or alterations: Any changes made to the board after delivery, including design changes, structural modifications, or additional installations not part of the original order.
  • Damage covered by the standard product warranty: Any defects or issues that are already covered under the product’s manufacturer warranty, such as manufacturing defects or issues arising during shipment.
  • Extreme environmental events not covered: Environmental damage not defined as “severe” in the Plan, including minor weather-related damage like surface scratches, scuff marks, or discoloration.
  • Board Frame: Damage to or issues with the board frame, regardless of whether the frame was purchased from the Company or separately by the Customer, are not covered under this Plan. The Protection Plan applies exclusively to the communication board itself and excludes any components related to the board’s physical frame.
  • Third-party repairs: Damage caused by attempts to repair or alter the board by someone other than the Company.

Limitation of Liability

7.1 Scope of Liability
The Company’s liability under this Protection Plan is strictly limited to the replacement of the communication board as specified within the terms of this Plan. No additional obligations, costs, or responsibilities will be assumed beyond what is explicitly stated.

7.2 No Liability for Consequential Damages
The Company will not be held responsible for any indirect, incidental, or consequential damages that arise from the use or inability to use the communication board, including but not limited to:

  • Loss of use of the board
  • Loss of revenue, income, or profits
  • Damage to other property or equipment
  • Any other incidental or consequential losses arising from board damage or its replacement

7.3 Liability Cap
The total liability of the Company under this Plan will not exceed the actual cost of replacing the communication board covered under the Plan.

7.4 Disclaimer of Warranties
Except as expressly provided within the terms of this Plan, the Company disclaims all other warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Governing Law

8.1 This Protection Plan and its terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

8.2 Any disputes arising from or related to this Protection Plan shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas, Texas. By purchasing this Plan, the Customer agrees to submit to the personal jurisdiction of these courts.

Modifications to the Plan

9.1 The Company reserves the right to modify or terminate this Protection Plan, including its terms and conditions, at any time without prior notice. However, any modifications or terminations will not affect existing Plans that have already been purchased and are in effect.

9.2 Customers with active Protection Plans at the time of any modifications will continue to receive coverage under the terms that were in place at the time their Plan was purchased, for the duration of their coverage period.

9.3 Any changes to the terms of the Plan will apply to new purchases only and will not retroactively affect Customers with active Plans.

Contact Information

If you have any questions regarding the Smarty Symbols Communication Board Protection Plan, or if you need to file a claim, please contact our support team using the following methods:

Smarty Symbols, LLC
PO Box 1134
Rowlett, TX 75030

Reprint Policy for Customers Without the Protection Plan

Customers who did not purchase the Protection Plan may request a reprint of their original design under the following conditions:

  • Waiting Period: Reprint requests are only eligible after 6 months from the original purchase date.
  • One-time Reprint: Customers are eligible for a one-time reprint of the original design at the reduced fee of 60%of the original cost, within 5 years of purchase.
  • Proof of Need: Reprint requests must include proof of damage or justification for the reprint. Reprints are intended for replacement purposes only, not for additional purchases at a reduced price.