approved, or supplied by Striiv; or (j) any acts of God, including fire, flood, tornado,
earthquake, hurricane, excessive snow, lightning; or (k) other disasters such as war,
riot, or insurrection.
4. Disclaimers. EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED
WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND STRIIV
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET
ENJOYMENT, AND ACCURACY. STRIIV DOES NOT WARRANT THAT OPERATION OF
THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. STRIIV RESELLERS
HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON
BEHALF OF STRIIV. No ERROR-FREE OR UNINTERRUPTED. STRIIV RESELLERS
HAVE NO AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON
BEHALF OF STRIIV. No Striiv reseller, agent, employee, or representative is
authorized to make any modification, extension, or addition to this Limited
Warranty.
5. Limitation of Liability. IN NO EVENT WILL STRIIV BE LIABLE FOR ANY
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING
ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING
TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF STRIIV KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
6. Consumer Protection. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE
DISCLAIMERS, EXCLUSIONS, AND LIMITATION OF LIABILITY UNDER THIS LIMITED
WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Severability. If any term is held to be illegal or unenforceable, the legality or
enforceability of the remaining terms shall not be affected or impaired.
8. Governing Law. This Limited Warranty shall be governed by the laws of the State
of California without giving effect to any conflict of laws principles that may provide
the application of the law of another jurisdiction.
