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PURPOSE, THAT THE NESA EQUIPMENT AND SERVICES
PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR
THEIR CONSEQUENCES. NESA DOES NOT UNDERTAKE ANY
RISK THAT YOU OR YOUR VEHICLE OR PROPERTY, OR THE
PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT
TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE
ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT NESA.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE
NESA VEHICLE DASH CAMERAS, MIRROR DASH CAMERAS,
FRONT, REAR AND REVERSING CAMERAS AND MIRROR
MONITOR DEVICES, NESA AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, REGARDING THE NESA EQUIPMENT AND
ANY ASSOCIATED APP/SERVICE. INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF
THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES,
THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY
TO YOU. NESA 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, NESA
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 CUTOMERS: 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.
LIMITATIONS OF NESA LIABILITY
UNDER NO CIRCUMSTANCES WILL NESA 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.
NESA 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 NESA. 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 NESA, 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 NESA 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 NESA'S LIABILITY
IN THE EVENT OF NESA'S WILLFUL OR INTENTIONAL
MISCONDUCT.
