SWAGBOARD NG-1, User Manual

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22 SWAGBOARD
TM
NG-1 NewGen Electric Skateboard
(e) Damage to the Product caused by war, terrorism, fire, accident, natural disaster, intentional or accidental misuse, abuse,
neglect or improper maintenance, use under abnormal conditions, accidental drops, abuse or fire;
(f) Damage to the Product caused by an external electrical fault, surge, or any electrical anomaly;
(g) Any contamination, condition or other circumstance, which Swagboard, in its sole discretion, considers a danger to health
and safety, including, but not limited to any contact between the Product and a biohazard, bodily fluids, infectious materials/
substance, chemicals, hazardous substances, diseases, radiation, or other;
(h) Fraud, theft, misplacement, unexplained disappearance, or willful acts.
Limitation of Liability
In no event shall Swagboard be liable for any incidental, indirect, special or consequential damages or liabilities (including
but not limited to incidental or consequential damages for loss of time, inconvenience, loss of use of product, or any other
consequential or incidental loss) in connection with the purchase, use, or operation of the product. Swagboard is not liable for
property damage, personal injury, or death.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SWAGBOARD SPECIFICALLY
DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SWAGBOARD CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED
WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS
WARRANTY AND TO THE REPAIR OR EPLACEMENT SERVICE AS DETERMINED BY SWAGBOARD IN ITS SOLE DISCRETION. NO RESELLER, AGENT, OR EMPLOYEE
IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. IF ANY TERM(S) IS HELD ILLEGAL OR UNENFORCEABLE, THE
LEGALITY AND ENFORCEABILITY OF THE REMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, SWAGBOARD IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR PERFORMANCE OF THE PRODUCT, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING
BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS
OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS
OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING
THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN
OR USED WITH THE PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION
SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR
OMISSIONS. SWAGBOARD DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT
EXCHANGE, AND IS UNABLE TO RECOVER ANY USER SOFTWARE OR DATA ON THE DEVICE.