MUNISSION LIMITED PRODUCT WARRANTY
LAST UPDATED: 12.15.2020
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS WARRANTY ALSO INCLUDES A MANDATORY ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
LIMITED PRODUCT WARRANTY
Munission, LLC (the “Company”) warrants to you (as defined below) that its software and physical products (the “Product(s)”) shall, (i) with respect to software products, conform to the applicable documentation and (ii) with respect to physical products, be free from defects in material and workmanship the duration of the Warranty Period (as defined below). The Company’s sole and exclusive obligation and liability under the foregoing warranty shall be for the Company at its discretion, to either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such product. Such obligation shall be the sole remedy under this warranty and the Company’s exclusive obligation and the full extent of its liability. The expense of removal and reinstallation of any Product, including labor costs, is not included in this warranty. The warranty period of any replaced Product shall not extend beyond its original term. This warranty does not cover any non-Company products or non-Company peripherals. All products and parts that are replaced become the property of the Company.
NO OTHER WARRANTIES
OTHER THAN THIS LIMITED WARRANTY, THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY DATA, SERVICE, SOFTWARE AND HARDWARE PROVIDERS HEREBY DISCLAIM ANY OTHER EXPRESS REPRESENTATION OR WARRANTY OF ANY KIND; ANY IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND USE OR NON-INFRINGEMENT ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. THERE ARE NO WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH COMPANY PRODUCTS AND SERVICES. CUSTOMER ACKNOWLEDGES THAT NEITHER COMPANY NOR ITS THIRD PARTY PROVIDERS CONTROL YOUR EQUIPMENT OR THE TRANSFER OF DATA OVER THE INTERNET, INCLUDING THE INTERNET, AND THAT THE PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND MAY NOT BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, UNINTERUPPTED OR ERROR FREE. No Company employee, agent, or reseller can make any verbal or written modification, extension, or addition to this warranty.
The above warranty does not apply if the Product:
- has been modified and/or altered, or an addition made thereto, except by the Company, or the Company’s authorized representatives, or as approved by the Company in writing;
- has been damaged due to use with non-Company products;
- has been damaged due to natural disaster, including but not limited to lightning, flood, tornado, earthquake, heavy rain or hurricane;
- has been damaged due to power surges, improper power supply, electrical current fluctuations, corrosive environment installations, induced vibration, harmonic oscillations or resonance associated with movement of air currents around the Product(s);
- with respect to physical Products, has been subjected to misuse, abuse, improper handling, alterations, modifications or repairs by reseller, customer or third parties, negligence, abnormal physical, electromagnetic or electrical stress, including lightning strikes, or accident;
- has been damaged or impaired as a result of using third party hardware, software or firmware;
- has not been installed, operated or maintained in accordance with normal practice and in conformity with recommendations and published specifications of the Company;
- is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Company or authorized reseller does not receive a payment of a purchase price or license fee; or
- has not been purchased from the Company or an authorized reseller.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT, INCLUDING ACT OF GOD, WILL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, LOSS OF USE, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR DAMAGES OR CLAIMS OF ANY NATURE OR DESCRIPTION RELATING TO SYSTEM PERFORMANCE, INCLUDING COVERAGE, CUSTOMER’S SELECTION OF PRODUCTS (INCLUDING THE PRODUCTS) FOR CUSTOMER’S APPLICATION AND/OR FAILURE OF PRODUCTS (INCLUDING THE PRODUCTS) TO MEET GOVERNMENT OR REGULATORY REQUIREMENTS. ALL DISPUTES WITH THE COMPANY ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR FROM THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION AS SET FORTH BELOW, AND NOT BY A COURT OR JURY
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 LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WHO MAY USE THIS WARRANTY?
The Company extends this limited warranty only to the end user who originally purchased the product (“you” or “Customer”) from the Company or from its authorized reseller. It does not extend to any subsequent owner or other transferee of the product.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase and lasts during the term of your product license. For any non-software or non-subscription based products your limited warranty is for one year from the date of purchase from the Company or its authorized resellers (the “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 ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective product during the Warranty Period, the Company’s sole and exclusive obligation and liability under the aforementioned warranty is to, at the Company’s 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.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, you must email our Customer Service Department at firstname.lastname@example.org during the Warranty Period.
DISPUTE RESOLUTION AND GOVERNING LAW
Arbitration is a form of private dispute resolution in which persons having a dispute agree to waive their right to file a lawsuit to proceed in court and to a jury trial, and instead agree to present their dispute to a neutral third party (arbitrator) for binding decision. You have the right to opt-out of this provision which means that you retain your right to file a lawsuit; to do so, you must read carefully and follow the directions below. Unless you opt out of the mandatory arbitration, you will be understood to have agreed to the mandatory arbitration and to the provisions provided below.
These terms shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any other jurisdiction. NOTWITHSTANDING THE FOREGOING, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE COMPANY’S PRODUCTS OR SERVICES, OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, SHALL BE RESOLVED ONLY BY BINDING ARBITRATION, CONDUCTED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (JAMS) (OR THEIR SUCCESSOR, AND IF NONE, BY THE JAMS), IN NEW YORK, NY. Written notice of the demand for arbitration shall be served on the other party to this agreement and filed with JAMS. The demand for arbitration shall be made within the applicable statute of limitations. The arbitrator shall be experienced in the subject matter of the arbitration. The award shall be in writing and shall contain findings of fact and conclusion of law and shall set forth the nature, amount and manner of calculation of damages. The award shall be final and non-appealable. ACCORDINGLY, THE PARTIES HEREBY EXPRESSLY WAIVE THEIR CONSTITUTIONAL AND OTHER RIGHTS TO A TRIAL BY JUDGE AND/OR JURY. Company and Customer agree that this agreement to submit claims to binding arbitration does not cover claims solely for injunctive relief and/or equitable relief as to which claims, and only as to which claims, it is understood and agreed that Company and Customer may seek and obtain injunctive relief from a court of competent jurisdiction as a provisional remedy pending appointment of an arbitrator if applicable. The parties further agree that all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective or representative proceeding. The parties expressly agree that except for any question of whether a claim can be arbitrated on a class-wide, collective or representative basis (an issue which must be decided by a court of competent jurisdiction), the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement, including but not limited to, any claims that any part of this agreement is unenforceable, void or voidable.
OPTING OUT OF MANDATORY ARBITRATION
You may opt-out of mandatory arbitration if (a) the dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU PURCHASE OR OTHERWISE ACQUIRE THE PRODUCT (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, you need to email written notification to the Company’s legal counsel email@example.com. In either case, your written notification must include: (1) your name, (2) your address, (3) a copy of your receipt or other proof of purchase, showing the date of purchase, and (4) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or, if the dispute qualifies, in small claims court.
Some countries, states and provinces do not allow exclusions or limitations of implied warranties or conditions or of limitation of liability for incidental or consequential damages, so the above exclusion may not apply to you. You may have other rights that vary from country to country, state to state, or province to province. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transactions regarding the sale of the Products.