LIMITED WARRANTY ON THE MODJOUL SMARTBELT
This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. This limited warranty can also be found online at www.modjoul.com/warranty. We warrant that during the warranty period, the Product (as defined below) will be free from defects in materials and workmanship. All implied warranties (including the implied warranties of merchantability and fitness for a particular purpose) are limited in duration to the Warranty Period. All such implied warranties are expressly disclaimed for periods beyond the Warranty Period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Our responsibility for defective goods is limited to repair, replacement or refund as described below in this warranty statement.
WHAT THIS WARRANTY COVERS:
Modjoul, Inc., located at address 398 College Ave. Clemson, SC 29631 (“we”), extends this limited warranty only to the consumer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the Product. This limited warranty covers defects in materials and workmanship of the Modjoul Smartbelt (including the hardware and software incorporated therein, and any accompanying written materials, the “Product”) for three months following your receipt of the Product (“Warranty Period”). The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT THIS WARRANTY DOES NOT COVER:
Notwithstanding any other provision of this warranty, this limited warranty does not cover any damage due to: (a) transportation by you; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; (h) battery degradation; (i) damage from freezing or overheating; (j) viruses, loss or theft; (k) fortuitous events including, but not limited to: riot, nuclear radiation, fire, any kind of precipitation or humidity, lightning, dirt/sand, smoke, war/hostile action or radioactive contamination, environmental conditions, exposure to weather conditions or perils of nature, collapse, explosion or collision of or with another object; (l) rust, corrosion, warping, bending; (m) improper use of electricity and power fluctuations; (n) use of the device outside of the Product’s operational and environmental specifications; (o) modifications or repairs by a third party; or (p) external causes such as accidents, vandalism, treatment of the Product in a reckless, harmful, malicious, injurious or offensive manner which results in its damage and/or failure; (q) purposeful damage, abuse or other actions or events beyond our reasonable control. This warranty does not cover cosmetic damage and non‐remedial work, such as but not limited to firmware upgrades, reprogramming, product configuration and new feature or function upgrades available as a result of advances in the state-of-the-art.
REMEDIES UNDER THIS WARRANTY:
With respect to any defective Product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such Product (or the defective part) free of charge or (b) refund the purchase price of such product. Shipping costs for warranty repairs or replacements shall be paid by the Customer.
If a replacement is provided, it will be considered the covered “Product” as referenced in the provisions of this warranty, and if the Warranty Period is still effective and the limit of liability has not been fulfilled, coverage for the replacement Product will automatically continue for the remainder of the Warranty Period. A repair or replacement does not extend the Warranty Period.
WE RESERVE THE RIGHT TO REPLACE A DEFECTIVE PRODUCT WITH A NEW, REBUILT OR REFURBISHED ITEM OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY, WHICH MAY NOT BE THE SAME MODEL OR COLOR AS THE PREVIOUS COVERED PRODUCT.
OBTAINING WARRANTY SERVICE:
To obtain warranty service, you must call (864) 722-9760 or submit a ticket to our help desk at www.modjoul.com/help during the Warranty Period to obtain a Defective Merchandise Authorization (“DMA”) number. No warranty service will be provided without a DMA number. We will also provide you with access to telephone support and web-based technical support resources directly related to the Product (“Technical Support”) by calling (864)-722-9760 between 8 a.m. and 8 p.m. Eastern Time or submitting a ticket to our help desk as www.modjoul.com/help. Technical Support may include assistance with installation, launch, configuration, troubleshooting and determining when hardware service is required. We also provide a list of frequently asked questions on our website at www.modjoul.com/faq.
LIMITATION OF LIABILITY:
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. WE SPECIFICALLY DO NOT WARRANT THE ACCURACY OF THE SENSORS OR THE DATA COLLECTED OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may offer you the option to extend coverage under this warranty. If we offer renewal, the renewal price quoted will reflect the age of your Product and the prevailing Product replacement cost at the time of the renewal.
You agree that any information or data disclosed to us under this warranty is not confidential. Furthermore, you agree that we may collect and process data on your behalf when we provide the services contemplated under this warranty. This may include transferring your data to affiliated companies or third party service providers. Except as required by law or for the purposes of providing services in this warranty, we will not share your information with third parties without your permission.
If any court renders any portion of this warranty unenforceable, the remaining terms will continue in full force and effect. This warranty and the rights and duties of the parties will be governed by and interpreted in accordance with the internal laws of the State of Washington without regard to its conflict of laws provisions. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. A waiver of any of the terms of this Agreement, or any breach or default hereunder, shall not be deemed or construed as a waiver of such terms for the future or any subsequent breach or default, whether or not of the same or similar nature. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party’s reasonable control. Coverage under this warranty cannot be transferred to any other party or product. These terms and conditions may not be altered, amended, or modified.
You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address you have provided us. Any communication with respect to this warranty shall be in writing and shall be deemed given when personally delivered to the party to whom it is directed, or in lieu of personal service, (a) three days after deposit in the United States mail, postage prepaid, registered or certified, return receipt requested, or (b) the next business day following transmission by fax or e-mail, in each case to the address that you have provided to us.