These Meta Out of Warranty (OOW) Program Terms and Conditions (collectively, these “Terms”), together with your OOW Program order confirmation and Meta’s Terms of Sale, constitute the entire agreement between you and Meta (“Meta”, “we”, “our”, or “us”) with respect to your OOW Program purchase for the Meta product you own and which is identified in your OOW Program order confirmation (“Your Meta Product”). Capitalized Terms used but not defined in these Terms have the meaning ascribed to them in Meta’s Terms of Sale.

By making your OOW Program purchase for Your Meta Product at the Site and/or paying the OOW fee listed in your order confirmation (“OOW Fee”), you agree to be bound by these Terms and represent and warrant that you have the right, authority, and capacity to enter into these Terms with us. If you make an OOW Program purchase on behalf of an entity, you further represent that such entity is a valid legal entity in the jurisdiction in which it was formed, and that you have the authority to enter into these Terms on behalf of your entity and bind such entity to these Terms.

OOW Program

The OOW Program is a one-time service that Meta offers for certain Meta-branded products that become damaged or non-functional and are either (a) no longer covered by their original Product Warranty or other Meta warranty plan, or (b) are still under their Product Warranty or other Meta warranty plan but the cause of the damage or defect is excluded from warranty coverage (each, an “OOW Eligible Product”). If your Meta product is an OOW Eligible Product, you may return it to us in accordance with these Terms, and upon your payment of the OOW Fee, Meta will provide to you, as a one-time replacement, a new, repaired or refurbished Meta genuine product that functions substantially in accordance with Meta’s technical specifications or accompanying product documentation for the affected OOW Eligible Product (an “OOW Replacement Product”). Replacements remain at all times subject to availability.

Eligibility

Your Meta product may be an OOW Eligible Product if your Meta product is a Meta-branded product purchased from an authorized source in the United States or Canada, for which Meta offers OOW Replacement Products under the OOW Program and either:

• The Product Warranty that came with the original purchase of your Meta product (or the Meta-branded product with which it came) has expired and you also do not have another Meta warranty plan that covers your Meta product; or

• Your Meta product is within its original Product Warranty period and/or is covered by another Meta warranty plan, but the issue you are reporting is excluded from coverage.

To confirm if Meta offers the OOW Program for your Meta product at the time you would like to purchase the service, visit Meta Store Support.

Initiating a Purchase

If Meta offers the OOW Program for your Meta product type, you may initiate an OOW Program purchase by following the OOW Program purchase instructions available at Meta Store Support or that are otherwise provided to you by a Meta customer support agent. Prior to finalizing your OOW Program purchase, you will be required to indicate your acceptance of the OOW Fee and your agreement to these Terms.

Returning Your Meta Product

After Meta receives your credit card details for the OOW Fee, Meta will approve a Return Merchandise Authorization (RMA) for your return and will provide to you, via email at the address you provide, your RMA reference number, a pre-paid shipping label, and instructions on how to prepare, package, and ship Your Meta Product for the return.

When returning Your Meta Product, you are responsible for securing an appropriate box for shipping.

YOU MUST RETURN YOUR META PRODUCT WITHIN 30 DAYS AFTER THE DATE YOUR RMA IS APPROVED. Failure to return Your Meta Product within this period may result in the cancellation of the RMA.

By sending Your Meta Product to Meta in exchange for an OOW Replacement Product, you hereby acknowledge and agree that (a) you may not cancel your OOW Program purchase once you ship Your Meta Product to us; and (b) ownership of Your Meta Product is transferred to Meta upon our receipt of Your Meta Product and cannot be returned to you.

Moreover, if Your Meta Product is returned to Meta without an RMA approved by Meta, Meta may reject your OOW Program request and, at its option, either return Your Meta Product to you, at your cost (subject to prepayment), or dispose of it with no further liability or obligation to you.

OOW Replacement Product Delivery and OOW Fee Charge

Upon receipt of Your Meta Product return, Meta will charge your credit card the OOW Fee listed in your order confirmation and ship you an OOW Replacement Product.

Limited Warranties

Meta Out of Warranty (OOW) Program Limited Warranty.

For US customers only:

If you are a customer in the United States, the only warranty for OOW Replacement Products is the Meta OOW Program Limited Warranty (USA) which is available here.

Miscellaneous

1. No employee of Meta or any of its authorized resellers is authorized to make any modification, extension, or addition to these Terms. If any provision of these Terms is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired.

2. Any disputes between you and Meta related to these Terms will be governed by the then-current dispute resolution procedures in Meta’s Terms of Sale.

3. If you have any questions about these Terms, please contact Meta Store Support.

For US customers only:

Warranty provider: Meta Platforms Technologies, LLC of 1 Meta Way, Menlo Park, CA, 94025 (“Meta”, “we”, or “us”).

Warranty recipient: You, as a customer who has made an OOW Program (as defined below) purchase for a Meta product that you own and which is eligible under the OOW Program Terms and Conditions (“Your Meta Product”) from us.

Purpose and interpretation: This Warranty gives you specific legal rights if there is a problem with your OOW Replacement Product (as defined below), and you may also have other rights which vary from State to State. If you are a consumer, this Warranty is in addition to, and does not affect, any rights you have under consumer goods laws in your jurisdiction. In particular, this Warranty does not affect the legal rights of consumers in the event of non-conformity of the products with the contract.

This Warranty only applies to OOW Replacement Products issued as a result of Meta Out of Warranty Program (“OOW Program”) purchases made in the United States.

Scope: This Warranty covers defects in materials and workmanship of any new, refurbished, or repaired Meta genuine product that Meta provided to you as part of its OOW Program (the “OOW Replacement Product”). We warrant that your OOW Replacement Product will, under normal and intended use, function substantially in accordance with our technical specifications or accompanying product documentation for the product (the “Warranted Functionality”) during the Warranty Period (as defined below). If your OOW Replacement Product needs Meta software or services to achieve the Warranted Functionality, we will make software and services available during the Warranty Period. We may update, modify or limit such software and services in our sole discretion provided we continue to maintain (or exceed) the Warranted Functionality.

Product registration of the OOW Replacement Product or Your Meta Product for which you received the OOW Replacement Product is not required for coverage under this Warranty.

Duration: The longer of (a) ninety (90) days from the date of your OOW Program purchase or delivery of the OOW Replacement Product, whichever is later, or (b) if Your Meta Product was under its original limited warranty (“Product Warranty”) at the time you purchased the OOW Program for it, the remainder of the original Product Warranty period for Your Meta Product (the “Warranty Period”). If you are a consumer, this does not affect your statutory rights which may provide for longer warranty coverage.

If you have a problem: If your OOW Replacement Product is defective, Meta Store Support will (at our choice) either repair or replace it, or update software or services, so that the OOW Replacement Product substantially meets the Warranted Functionality, or provide a whole or partial refund of the fee paid for the OOW Program if none of these options are appropriate. You may contact Meta Store Support at meta.com/help. Replacements for defective OOW Replacement Products provided under this Warranty may be a new, refurbished, repaired or remanufactured product, or a product that has similar functionality.

A pre-addressed shipping label will be provided if you need to send your OOW Replacement Product in for service. You must enclose proof of your OOW Program purchase unless we verify your purchase in advance. You may be required to pay shipping costs in circumstances where your OOW Replacement Product is not covered by this Warranty.

Unless we agree with you otherwise, the following will govern how we will provide service under this Warranty:

When we receive your OOW Replacement Product and it has a defect covered by this Warranty, we will, at our cost, either repair the OOW Replacement Product so that it provides the Warranted Functionality and send it back to you, or send you a replacement that provides the Warranted Functionality. We may not return your original OOW Replacement Product in circumstances where another remedy is provided by us. If we replace your OOW Replacement Product, such replacement becomes your property, and the OOW Replacement Product you have returned becomes the property of Meta. If we provide a refund of the fee you paid for the OOW Program/OOW Replacement Product, then your returned OOW Replacement Product becomes the property of Meta at the time you receive the refund. We cannot guarantee that we will be able to repair a returned OOW Replacement Product without risk to or loss of programs or data, and that any replacement we provide hereunder will contain any data stored on the OOW Replacement Product you returned to us under this Warranty. Any OOW Replacement Product that we repair or replace under this Warranty will continue to be covered by this Warranty for the remainder of the Warranty Period for the returned OOW Replacement Product or 90 days following receipt of the replacement or repaired product we provide as part of this Warranty, whichever is greater, unless local law provides for longer warranty coverage.

Without proof of your OOW Program purchase, or if your OOW Replacement Product is not covered by this Warranty, we reserve the right to return the OOW Replacement Product to you at your cost, subject to prepayment, or, if such costs are not prepaid, keep the OOW Replacement Product for collection by you for 30 days before it is disposed of.

Exclusions: except to the extent prohibited by law, the following are not covered by this Warranty: defects which relate to (i) normal wear and tear or aging of the OOW Replacement Product, such as discoloration or stretching; (ii) damage caused by misuse, accident (which, depending on the specific OOW Replacement Product, may consist of accidental physical impact, exposure to liquid, food or other contaminants, etc.), neglect, improper or unauthorized repair or other modification, tampering, or use with unsuitable hardware, software, services or third-party item(s); (iii) consumable parts, such as batteries, the performance of which normally diminishes over time, unless such failure has occurred due to a defect in materials or workmanship; (iv) cosmetic damage, such as scratches, nicks, and dents, unless caused by Meta; (v) use not in accordance with the product documentation; (vi) used or resold products, except with respect to refurbished or repaired products purchased or supplied directly from Meta as OOW Replacement Products; (vii) Products purchased from sources (including non-authorized online auctions) other than Meta; (viii) non-Meta products; (ix) use in violation of any laws in effect where the OOW Replacement Product is used; (x) an OOW Replacement Product not currently running the latest version of Meta-issued software; (xi) features or performance parameters pertaining to any software or services beyond the Warranted Functionality; or (xii) any support services or software provided in connection with the OOW Replacement Product.

This Warranty does not include any specific guarantees that your OOW Replacement Product will be error-free or, regarding uptime or continued availability of data security features of software or online accounts, that any software, firmware or online sites will function uninterrupted or error-free. This Warranty is void if your OOW Replacement Product is returned with removed, damaged or tampered labels or any alterations that are not part of the normal and intended use of the OOW Replacement Product (including the unauthorized removal of any component or external cover).

This Warranty does not cover data loss; it is your responsibility to regularly back up your data. Any damages or costs related to data loss, data recovery, removal and installation are not recoverable under this Warranty.

In this Warranty, Meta does not provide any implied or statutory warranties, conditions or representations regarding your OOW Replacement Product or any connected software or online services. THERE ARE NO WARRANTIES WHICH ARE PROVIDED BEYOND THE DESCRIPTION ON THE FACE HEREOF INCLUDING THE WARRANTY OF MERCHANTABILITY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY IMPLIED WARRANTIES, TO THE EXTENT THEY ARE APPLICABLE, SHALL BE LIMITED TO A PERIOD OF ONE (1) YEAR.

Liability: Except to the extent prohibited by law and regardless of whether Meta was advised of the possibility of such damages, Meta does not assume any liability for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever arising from or in connection with the OOW Program, any OOW Replacement Product, or this Warranty including but not limited to loss of profits or revenues, loss of data, loss of use of your OOW Replacement Product or Your Meta Product or any associated equipment, cost of any replacement goods or substitute equipment, or loss of use during the period that your OOW Replacement Product is being serviced and Meta’s liability for any claim arising out of or related to this Warranty shall not exceed the fee paid by you for the OOW Program, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or any other cause of action or legal or equitable theory.

Some states and countries do not allow exclusion or limitation of incidental or consequential damages, so limitations or exclusions in this Warranty may not apply to you.

Governing law: Laws of the State of California, USA.

Questions and claims process: If you have any questions or a problem with your OOW Replacement Product, visit meta.com/help to get service, contact information and to submit a Warranty claim.

Please read the following section carefully.

This Warranty requires Meta and you to resolve disputes in individual arbitration rather than through jury trials or class actions.

Disputes: Except as provided below, any dispute or claim arising out of or relating to this Warranty or the purchase, use, marketing, or return of any Meta products or services will be resolved by arbitration.

In this Disputes provision, references to “Meta”, “we” or “us” includes Meta’s predecessors, successors, assigns, and past, present, and future affiliates and agents. In addition, references to “you” include your heirs and assigns and any authorized or unauthorized users or beneficiaries of the products or services at issue. These third parties are all bound by and may invoke the rights conferred by this Disputes provision.

Any arbitration will proceed on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only in our individual capacities and cannot seek relief that would affect other Meta users. Nor may arbitrations be consolidated unless all parties consent. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then that claim (or that request for relief) will be brought in court after all other claims are arbitrated.

Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court allow it. If you don’t bring your claims in small claims court (or if you or we appeal or remove the action to a court of general jurisdiction), the claims must be resolved by individualized arbitration. In addition, any dispute regarding whether a claim can or must be arbitrated, as well as claims to enjoin infringement or other misuse of intellectual property rights are for a court to decide.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, a neutral arbitrator can grant whatever relief would be available in court under applicable law (including injunctive relief or statutory damages or attorneys’ fees). At the conclusion of the proceedings, the arbitrator will provide a brief written explanation of the award and the basis for the decision. This agreement to arbitrate is governed by the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”). If the AAA cannot or will not administer the arbitration, another administrator will be chosen by agreement of the parties or by the court. The AAA’s Rules are available at www.adr.org.

Before either you or we commence arbitration, the party seeking arbitration must first provide the other with a written Notice of Dispute providing a detailed description of the dispute and the relief sought. Any Notice that you submit to us also must include your name, address, username, email address, and phone number, and should be mailed to Meta Platforms, Inc., ATTN: RL Warranty Arbitration Filing, 1 Meta Way, Menlo Park, CA, 94025. Before we commence arbitration, we will send a Notice of Dispute to the email address we have for you in our records or by any other appropriate means. If the dispute is unresolved within 30 days after the Notice of Dispute is received, you or we may commence arbitration.

We will pay all fees charged by the AAA or the arbitrator for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration will be governed by the AAA’s Rules, including rules regarding frivolous or improper claims.

For any claim that is not arbitrated or brought in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California, or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. In addition, we each further agree to waive any right to trial by jury.

Date of Last Revision: 07-12-2023