return of the Product incorporating the defective Product Hardware and refund to
Customer the fees actually paid by Customer to Striiv or Striiv authorized reseller
for such Product. Replacement Products and Product Hardware may be refurbished
and/or different models will be supplied, but will be functionally equivalent to the
Products or Product Hardware being replaced. When a Product or Product
Hardware is replaced, any replacement item becomes Customer’s property and the
replaced Product or Product Hardware becomes Striiv property. Any Product that
has either been repaired or replaced under this Limited Warranty will have
warranty coverage for the longer of ninety (90) days or the remaining Warranty
Period. This Limited Warranty is transferable from Customer to subsequent Product
owners, but the Warranty Period will not be extended for any such transfer.
2. Process. Striiv warranty obligations are conditioned on Customer (a) notifying
Striiv using the customer care contact information available at Striiv website
(www.striiv.com/customercare), during the Warranty Period, of any failure of The
Product to meet the Limited Warranty, including a detailed description of such
alleged failure and proof of purchase information as requested by Striiv, (b)
otherwise complying with Striiv then-current return merchandise authorization
guidelines (if any), and (c) shipping the affected Product, at Customer’s cost, to Striiv
or Striiv designated third party facility for repair or replacement. Before Customer
ships Customer’s Product to Striiv for warranty service. Customer is responsible for
making a separate backup copy of the contents of the Product. THE CONTENTS OF
THE PRODUCT MAY BE DELETED AND THE STORAGE MEDIA REFORMATTED IN
THE COURSE OF WARRANTY SERVICE. Customer’s Product will be returned to
Customer configured as originally purchased, subject to applicable updates.
Customer will be responsible for reinstalling all other software programs, data and
passwords. Recovery and reinstallation of software programs and user data are not
covered under this Limited Warranty. Striiv will have no warranty obligations with
respect to a returned Product, if it determines, in its reasonable discretion, after
analysis of that returned Product, that the Product is subject to an Exclusion
(defined below). Striiv will bear all costs of return shipping to Customer, except, if (i)
the Product is subject to an Exclusion, or (ii) Customer’s return shipping address is
not located in a country in which Striiv, or Striiv authorized reseller(s), distributes
Products, then Customer will bear all shipping costs.
3. Exclusions. Striiv will have no warranty obligation with respect to the following
circumstances (“Exclusions”): (a) Product Hardware that has no defects in materials
or workmanship, (b) Product non conformities that Striiv is unable to reproduce, (c)
Products sold as “samples” or “AS IS”, (d) Products that have been subject to: (i) any
modifications, alterations, repair, or servicing by any party other than Striiv or Striiv
authorized representatives; (ii) handling, storage, installation, testing, maintenance,
or use not in accordance with the applicable Documentation; (iii) abuse, negligence,
neglect, accidents, or misuse; (e) hardware not manufactured or supplied by Striiv;
(f) cosmetic damage; (g) normal wear and tear; (h) any breakdowns, fluctuations, or
interruptions in electric power or the telecommunications network; (i) performance
of the Product Hardware in combination with other items not manufactured,
