Mobile Defender User Guide
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date applicable to such Device. If a defect exists, Evolution Wireless may exchange the Device with a new replacement product or a product which has
been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Device. The warranty is rendered null and
void with respect to any Device that has been modified in any way, has been used in a way contrary to the instructions provided or if customer is in breach
of the customer end user agreement. Within the limited warranty period, Evolution Wireless will, at its sole option, repair or replace any such returned
Devices or components therein that fail in normal use. Such repairs or replacement will be made at no charge to customer for parts and/or labor. The
warranty does not apply to, (i) cosmetic damage, arising out of ordinary use, such as scratches, nicks and dents; (ii) consumable parts, such as batteries,
unless (a) Device damage has occurred due to a defect in materials or workmanship, or, (b) battery failure; (iii) damage caused by accident, abuse, misuse,
water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not authorized by Evolution
Wireless, Inc.; or (v) damage to a product that has been modified or altered in any way. Evolution Wireless, Inc., reserves the right to refuse warranty
claims against its Devices that are obtained and/or used in contravention of the laws of any country.
Indemnification:
IF ANYONE OTHER THAN YOU (INCLUDING ANYONE WHO MAY USE THE PRODUCTS), ASKS EVOLUTION WIRELESS OUR EVOLUTION WIRELESS’
AGENTS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES TO PAY FOR ANY HARM OR DAMAGES (INCLUDING PROPERTY DAMAGE, PERSONAL INJURY
OR DEATH, OR INVASION OF PRIVACY OR ANY SIMILAR TORT) CONNECTED WITH OR RESULTING FROM (i) A BREACH OF THIS AGREEMENT OR A
FAILURE OF THE PRODUCTS, (ii) EVOLUTION WIRELESS’ NEGLIGENCE, (iii) ANY OTHER IMPROPER OR CARELESS ACTIVITY OF EVOLUTION
WIRELESS IN PROVIDING THE PRODUCTS, OR (iv) A CLAIM FOR INDEMNIFICATION OR CONTRIBUTION, YOU WILL PAY US (A) ANY AMOUNT WHICH
A COURT ORDERS US TO PAY OR WHICH WE REASONABLY AGREE TO PAY, AND (B) THE AMOUNT OF OUR REASONABLE LEGAL FEES AND ANY
OTHER LOSSES OR COSTS THAT WE MAY PAY IN CONNECTION WITH THE HARM OR DAMAGES EVEN AFTER THE TERMINATION OF THIS
AGREEMENT.
AS NOTED ABOVE, YOU ALSO AGREE TO INDEMNIFY EVOLUTION WIRELESS FOR ANY FEES OR FINES IMPOSED UPON EVOLUTION WIRELESS IN
CONNECTION WITH ANY FALSE ALARMS RESULTING FROM THE PRODUCTS YOU ARE USING OR USED.
No Other Warranties
EVOLUTION WIRELESS MAKES NO GUARANTEE OR FURTHER WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS UNDER THIS
AGREEMENT.
Governing Law:
The Terms shall be construed, interpreted and enforced in accordance with, and governed by, the laws of the Province of Ontario and the federal laws
of Canada applicable therein.
Arbitration:
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting Evolution Wireless’ confidential
information or intellectual property rights, in the event that any dispute shall occur or any question shall arise between you and Evolution Wireless
regarding the interpretation of any of the provisions of these Terms, or any dispute resulting from the Products, shall be resolved by arbitration
pursuant to the
Arbitrations Act, 1991
(Ontario) and the decision shall be final and binding. Any award by the arbitrator shall be the sole and exclusive
remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein. Each party
shall bear the burden of its own legal fees incurred in connection with any arbitration proceedings.
Contact Information
:
If you have any questions or concerns regarding these Terms please contact:
Customer support: 1-855-333-3381
Email: [email protected]
Assignees and Subcontractors:
Evolution Wireless may transfer or assign this Agreement to any other service provider, or other entity. Upon assignment to another service provider, Evolution Wireless
will be relieved of any further obligations hereunder. You may not transfer or assign this Agreement without Evolution Wireless’ written consent.
General Contract Provisions:
These Terms constitute the entire agreement between you and Evolution Wireless with respect to the subject matter herein contemplated and cancels and supersedes any
prior understanding, negotiations and discussions, written or oral. The information in this document is subject to change without notice and does not represent a
commitment on the part of Evolution Wireless. No warranty or representation, either expressed or implied, is made with respect to the quality, accuracy, or fitness for any
particular purpose of this document. Evolution Wireless reserves the right to make changes to the content of this document and in no event will Evolution Wireless be
liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use this document, even if advised of the possibility of such
damages. The section headings used herein are for convenience only and shall be of no legal force or effect. Any provision of the Terms which is found to be invalid or
null, shall not affect the remaining provisions, which shall continue to have full effect and shall be interpreted as if such invalid or nullified clause had never been written.
Last updated: February 26, 2015
These Terms are subject to change. Any changes will be immediately reflected on our website.
