Firefly glowPhone, User Manual

Page: 37 / 43

7
User’s Guide
Firefly will provide a replacement Product or refund the purchase price.
7. A repaired Product may consist of used components, some of which have
been reprocessed. All used components comply with Product performance
and reliability specifications.
8. Returning a Product for warranty repair or replacement will not extend the
original warranty period.
9. Firefly’s limit of liability under the warranty shall be the actual cash value
of the Product at the time the Consumer returns the Product for repair. The
cash value shall be determined by the price paid by the Consumer for the
Product less a reasonable amount for usage. Firefly shall not be liable for
any other losses or damages.
10. The remedies set forth in this limited warranty are Your exclusive remedies
for breach of warranty.
11. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND
EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL
FIREFLY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING LOSS OF ANTICIPATED BENEFITS OR
PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE PRODUCT
OR ANY ASSOCIATED EQUIPMENT, LOSS OF DATA, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS
OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO
PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT
OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE
THEORY, EVEN IF FIREFLY KNEW OF THE LIKELIHOOD OF SUCH
DAMAGES. FIREFLY SHALL NOT BE LIABLE FOR DELAY IN RENDERING
SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE
PERIOD THAT THE PRODUCT IS BEING REPAIRED OR FOR LOSS OF DATA
STORED IN THE PRODUCT.
12. Disclaimers of implied warranties are not enforceable in some jurisdictions,