SOLIDSHOT BASKETBALL SMART SLEEVE LIMITED PRODUCT WARRANTY
LIMITED PRODUCT WARRANTY
Vibrado Technologies, Inc. ("Vibrado"), the developer of the SOLIDshot Basketball Smart Sleeve, warrants to the original purchaser of the SOLIDshot Basketball Smart Sleeve (the "Product”) that:
- Your SOLIDshot electronic device will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase; and
- Your SOLIDshot garment will be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of purchase.
The above periods, as applicable, are considered the "Warranty Period" for purposes of this limited product warranty.
Vibrado does not warrant that the operation of the Product will be uninterrupted or error-free. Vibrado is not responsible for damage arising from failure to follow instructions relating to the Product's use.
If a defect arises and a valid claim is received by Vibrado within the applicable Warranty Period, Vibrado will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Vibrado itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
HOW TO RECEIVE WARRANTY SERVICE
To obtain warranty service, you must initiate a warranty claim to Vibrado within the Warranty Period by contacting us at firstname.lastname@example.org. You must obtain a Return Material Authorization ("RMA") from Vibrado and return the defective portion of the Product together with proof of purchase to the address specified by Vibrado in connection with the RMA. You are responsible for the cost of shipping the Product to Vibrado. By sending the Product, you agree to transfer ownership to Vibrado. Vibrado may not return the original Product to you. Any replacement Product may not contain your data. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. If the claim is justified based on this Warranty, Vibrado will bear the cost of shipping the repaired or replacement Product back to you. Any product returned to Vibrado without a valid warranty claim or without a RMA may be rejected, returned at sender's cost (subject to prepayment) or kept for 30 days for sender's pick-up and then disposed of in Vibrado's sole discretion.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to the original purchaser of Product that was purchased from Vibrado or an authorized retailer or sales channel. Without limiting the foregoing, the Limited Warranty does not apply to any (a) Vibrado products and services other than the Product, (b) non-Vibrado hardware product, including without limitation any knock off or counterfeit version of a Product, (c) Product that is, or Vibrado reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Vibrado or if the Product is inserted or installed in a casing not provided by Vibrado. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Vibrado products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake, exposure to food or liquid, or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Vibrado or with improper voltage or power supply; (d) to damage caused by machine washing or drying the Product; or (e) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Vibrado. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No Vibrado reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, VIBRADO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF VIBRADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of the State of California, United States of America, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.