Striiv Hardware Limited Warranty
1. Limited Warranty. Striiv, Inc. (“Striiv”) warrants to the end user customer (“Customer”) of the Striiv electronic device (“Product”) that the Product hardware components (“Product Hardware”), when used in accordance with the documentation furnished by Striiv (“Documentation”), will be free in all material respects of defects in materials and workmanship (“Limited Warranty”), for a period of one (1) year after the date of purchase by Customer of the applicable Product from Striiv or Striiv’s authorized reseller (the “Warranty Period”). If the Product Hardware (or any component or portion thereof) fails to conform to the Limited Warranty, Striiv, at its own expense and as its sole obligation, and Customer’s sole and exclusive remedy, for breach of this warranty will either (at Striiv’s sole discretion) (a) repair or replace any defective Product Hardware; or (b) accept the return of the Product incorporating the defective Product Hardware and refund to Customer the fees actually paid by Customer to Striiv or Striiv’s authorized reseller for such Product. Replacement Products and Product Hardware may be refurbished and/or different models, but will be functionally equivalent to the Products or Product Hardware being replaced. When a Product or Product Hardware is replaced, any replacement item becomes Customer’s property and the replaced Product or Product Hardware becomes Striiv’s property. Any Product that has either been repaired or replaced under this Limited Warranty will have warranty coverage for the longer of ninety (90) days or the remaining Warranty Period. This Limited Warranty is transferable from Customer to subsequent Product owners, but the Warranty Period will not be extended for any such transfer.
2. Process. Striiv’s warranty obligations are conditioned on Customer (a) obtaining a return merchandise authorization (“RMA”) from Striiv by contacting Striiv using the customer care contact information available at Striiv’s website (www.striiv.com/customercare), during the Warranty Period; (b) providing a detailed description of any alleged failure of the Product to meet the Limited Warranty and proof of purchase information as requested by Striiv, (c) otherwise complying with Striiv’s then-current RMA guidelines (if any), and (d) shipping the affected Product, at Customer’s cost, to Striiv or Striiv’s designated third party facility for repair or replacement. Before Customer ships Customer’s Product to Striiv for warranty service, Customer is responsible for making a separate backup copy of the contents of the Product.
THE CONTENTS OF THE PRODUCT MAY BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Customer’s Product will be returned to Customer configured as originally purchased, subject to applicable updates. Customer will be responsible for reinstalling all other software programs, data and passwords. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. Striiv will have no warranty obligations with respect to a returned Product, if it determines, in its reasonable discretion, after analysis of that returned Product, that the Product is subject to an Exclusion (defined below). Striiv will bear all costs of return shipping to Customer, except, if (i) the Product is subject to an Exclusion, or (ii) Customer’s return shipping address is not located in a country in which Striiv, or Striiv’s authorized reseller(s), distributes Products, then Customer will bear all shipping costs.
3. Exclusions. Striiv will have no warranty obligation with respect to the following
circumstances (“Exclusions”): (a) Product Hardware that has no defects in materials or workmanship, (b) Product nonconformities that Striiv is unable to reproduce, (c) Products sold as “samples” or “AS IS”, (d) Products that have been subject to: (i) any modifications, alterations, repair, or servicing by any party other than Striiv or Striiv’s authorized representatives; (ii) handling, storage, installation, testing, maintenance, or use not in accordance with the applicable Documentation; (iii) abuse, negligence, neglect, accidents, or misuse; (e) hardware not manufactured or supplied by Striiv; (f) cosmetic damage; (g) normal wear and tear; (h) any breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; (i) performance of the Product Hardware in combination with other items not manufactured, approved, or supplied by Striiv; or (j) any acts of God, including fire, flood,tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of war or other disaster.
4. Disclaimers. EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND STRIIV DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. STRIIV DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. STRIIV’S RESELLERS HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON STRIIV’S BEHALF. NO STRIIV RESELLER, AGENT, EMPLOYEE, OR REPRESENTATIVE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY.
5. Limitation of Liability. IN NO EVENT WILL STRIIV BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF STRIIV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
6. Consumer Protection. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATION OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Severability. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
8. Governing Law.This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.