Section 4B: Warranty
273
Are there any other warranties?
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, MOBILE ESPN MAKES NO OTHER WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
AGAINST INFRINGEMENT, AND HEREBY DISCLAIMS THE SAME.
This limited warranty allocates the risk of failure of the Product between
us. The allocation is acknowledged by you and is reflected in the purchase
price. Any action or lawsuit for breach of this limited warranty or related
claim must be commenced within eighteen (18) months following
purchase of the Product.
This limited warranty is your entire warranty, and supersedes all prior and
contemporaneous agreements or understandings, oral or written, relating
to the Product. No representation, warranty, promise, covenant or
condition not contained herein shall modify these terms. Neither Mobile
ESPN nor any of its affiliates assumes or authorizes any authorized service
center or any other person or entity to assume for Mobile ESPN or an
affiliate any other obligations or liabilities beyond that which is expressly
provided for in this limited warranty, including without limitation the
provider or seller of any extended warranty or service agreement relating
to the Product. NEW YORK LAW, WITHOUT REFERENCE TO ITS CHOICE
OF LAW RULES, GOVERNS THIS LIMITED WARRANTY.
Where is this limited warranty valid?
This limited warranty is valid
only in the United States. It gives you specific legal rights, and you may
have other rights which may vary from state to state. In addition, some
states and jurisdictions do not allow the limitation or exclusion of
incidental or consequential damages, or limitation on the length of an
implied warranty, so the above limitations or exclusions may not apply to
you. If any portion of this limited warranty is held illegal or unenforceable
by reason of any law, such partial illegality or unenforceability shall not
affect the enforceability of the remainder of this limited warranty.
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Summary of Contents for MVP
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