FITGuard Device Limited Warranty

Last updated June 25, 2015

Limited Product Warranty

FIT L.L.C. (“FIT”) warrants to the original recipient (“You”) that Your FITGuard device distributed by FIT (collectively, the “FITGuard Devices”) shall be free from defects in materials and workmanship under normal use for one year from the date the FITGuard Devices were shipped to You (the “Limited Warranty Period”).

FIT does not warrant that the operation of the FITGuard Devices will be uninterrupted or error-free; certain exclusions and limitations are listed below. Additionally, this Limited Warranty does not cover software embedded in the FITGuard Devices, FIT’s website or online services, or FIT’s smartphone applications, which are provided “as is.” Refer to the FIT’s End User License Agreement and Master Terms of Service for details.

EXCLUSIVE REMEDY:

If a covered defect arises with Your FITGuard Devices during the Limited Warranty Period, FIT may, at FIT’s sole discretion and to the extent permitted by law, allow You to return Your defective FITGuard Devices so that FIT can replace them with new or refurbished FITGuard Devices at least functionally equivalent to Yours. All returned FITGuard Devices for which you have received a replacement will become the property of FIT.

HOW TO MAKE A WARRANTY CLAIM:

To make a warranty claim, contact help@fitguard.me. You must provide your name, email associated with your FIT account, and the serial number of Your FITGuard Device to receive support.

DURATION:

The Limited Warranty lasts one year from the date the FITGuard Devices were shipped to You. The Limited Warranty does not cover FITGuard Devices provided to You by any party other than FIT.

If FIT provides a replacement device under this warranty, the replacement device will be covered under the remainder of the Limited Warranty Period, if any, for the original FITGuard Device it replaced.

Exclusions and Limitations

The Limited Warranty does not apply to any products or services other than the FITGuard Devices; to consumable parts, such as batteries or materials that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; to cosmetic damage; to data or information; or to software (even if packaged or sold with the FITGuard Devices or embedded in the FITGuard Devices).

The Limited Warranty is only valid in locations where FITGuard Devices are shipped by FIT. The Limited Warranty does not cover FITGuard Devices provided to You by any party other than FIT.

FIT is not responsible for damage arising from normal wear and tear; failure to follow instructions relating to the FITGuard Devices’ use; loss or theft; disassembly or alterations; accident, abuse, misuse, flood, fire, earthquake or other external causes; or exposure to liquids or extreme thermal or environmental conditions.

Do not disassemble or try to repair the FITGuard Devices. There are no user-serviceable parts in the FITGuard Devices. Disassembling a FITGuard Device will void its Limited Warranty.

Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE DEVICES, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of Damages

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FIT 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 FIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

Governing Law

This Limited Warranty is governed by the laws of the State of Arizona, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If any term of the Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

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