Directed Ryze evo, User Manual

Page: 40 / 44

38
To the extent possible under governing law, other than the
above product warranty for the Ryze Watches, are provided
on an 'as is' and 'as available' basis. Ryze makes no warranty
that the Ryze product and services will meet your requirements
or that use of the Ryze will be uninterrupted, timely, secure
or error-free nor does Ryze make any warranty as to the
accuracy or reliability of any information obtained through
Ryze (including third party content), that any defects in the
Ryze will be corrected or that the Ryze will be compatible with
any other specific hardware or service. Further, Ryze does not
warrant that the Ryze provide you with data and content are
free of viruses or other harmful components.
Ryze hereby further expressly disclaims all liability for any
claims for service failures that are due to normal product
wear, product misuse, abuse, product modification, improper
product selection or your non-compliance with any and all
Applicable federal, state or local laws. This warranty and
warranty disclaimer give you specific legal rights, and you
may have other rights that vary by state, province, or country.
Other than as permitted by law, Ryze does not exclude, limit
or suspend other rights you have, including those that may
arise from the nonconformity of a sales contract. For a full
understanding of your rights you should consult the laws of
your state, province, or country. For our Australian customers:
Please note that this warranty is in addition to any statutory
rights in Australia in relation to your goods which, pursuant to
the Australian Consumer Law, cannot be excluded.
12.3 LIMITATIONS OF RYZE LIABILITY
Under no circumstances will Ryze be liable in any way for any
content, including, but not limited to, the loss of content, any
errors or omissions in any content, or any loss or damage of
any kind incurred in connection with use of or exposure to any
content posted, emailed, accessed, transmitted, or otherwise
made available via Ryze. Ryze liability for damages, especially
for breach of duty or obligation, delay in performance, non-
performance, or malperformance shall be precluded, except
when these are due to negligent breaches of any significant
contractual duty or obligation on the part of Ryze. Any liability
for negligence is limited to direct losses usually and typically
foreseeable in such case. Should the claim for damages be
based on wilful or grossly negligent breach of contractual duty
or obligation on the part of Ryze, the preclusion and limitation
of liability mentioned in the preceding sentences will not Apply.
The preceding preclusion and limitation of liability will also not
Apply to claims for damages arising out of loss of life, bodily
injury or health impacts for which Ryze may be liable, or for
non-contractual liability. Some states and countries do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not Apply
to you. Additionally, this provision is not intended to limit Ryze's
liability in the event of Ryze 's wilful or intentional misconduct.
Please Note: This product is not a medical/therapeutic watch.