This Device Warranty and Disclaimer (the “Warranty”) represents the sole warranty terms between Endless Mobile, Inc. (“Endless”) and you pertaining to your purchase of the enclosed Endless Mobile device (hereinafter, the “Device”) with which this Warranty is included. You must only use the Device in accordance with the user documentation that was shipped along with the Device (the “Specifications”).
Endless warrants only that the Device will be free from defects in material and workmanship for one (1) year from delivery to you (the “Limited Warranty”). Your sole remedy for breach of the Limited Warranty is the return of the allegedly defective Device to Endless at your sole expense. To return a Device, you should contact Endless at email@example.com or follow the contact instructions at our website www.endlessm.com. You must submit a claim under this warranty to Endless before returning any allegedly defective Device. If such Device is found by Endless to be defective, Endless, at Endless’ sole option, will repair or replace the Device with a functionally similar Endless device. If Endless determines that it is unable to repair or replace the Device, Endless will refund you the purchase price you paid for the defective Device. You may be required to furnish proof of purchase details when making a claim under this Warranty. Any Device returns must be accompanied by all components sold with the Device (computer, power cord, power adapter and HDMI cable), a copy of the receipt for the Device, and your contact information including your name, address, phone number and email address (optional).
Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any Device (i) where identification labels on the Device have been removed or altered, (ii) where the purchase price was waived, (iii) that has been subjected to misuse (including overclocking or attempts to overclock the Device), neglect, accident, improper storage or installation, or other use not in conformance with the Specifications, or (iv) that has been repaired, modified, or altered by anyone other than Endless. In addition to the foregoing, no warranty, expressed or implied, will cover problems that result from (i) disasters including fire, water, or other acts of nature, (ii) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (iii) loss or damage in transit; (iv) failure caused by a product for which Endless is not responsible; (v) normal wear and tear; (vi) a failure to follow the Specifications; (vii) viruses or other malicious code in the Device firmware that have been introduced other than by Endless; or (viii) any other cause which does not relate to a Device defect. You hereby acknowledge and agree that you have not relied on any representations or warranties other than those expressly set forth herein.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HARDWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDLESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ENDLESS HARDWARE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, QUALITY, TITLE, OR INFRINGEMENT. ENDLESS DOES NOT WARRANT THAT THE DEVICE IS ERROR-FREE OR THAT OPERATION OF SUCH DEVICE WILL BE SECURE OR UNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES, COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ENDLESS, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF ENDLESS HAS BEEN ADVISED OF SAME. IN NO EVENT WILL ENDLESS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR RELATED TO THE DEVICE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE AMOUNT YOU PAID FOR THE DEVICE THAT IS THE SUBJECT OF THE CLAIM. THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF REMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
NON-TRANSFERABLE. The Warranty is provided to you only and is not transferable to any third party.
GOVERNING LAW; VENUE. This Warranty is governed by the laws of the State of California in the United States of America, without giving effect to provisions related to choice of laws or conflict of laws. The parties specifically disclaim the applicability of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any dispute between you and Endless regarding this Warranty will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California in the United States of America.
ENTIRE AGREEMENT; SEVERABILITY. This Warranty constitutes the sole and exclusive agreement between the parties regarding the Device, although additional terms will apply regarding your use of the software on the Device. If any provision of this Warranty is held invalid or unenforceable, the remainder of this Warranty will continue in full force and effect.
REVISIONS. Endless reserves the right to change the terms of this Warranty at any time without notice. Any changes to this Warranty shall apply only to new products or Devices purchased after such changes take effect and are made available to you.