INCLUDING BUT NOT LIMITED TO INCONVENIENCE, LOSS OF USE, LOSS
OF TIME, 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 OR CORRUPTION OF DATA, OR ANY INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGE HOWEVER 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.
WHISTLE' CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION,
CONTRIBUTION, OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT
DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE
PURCHASE PRICE FOR THE HARDWARE PRODUCT. YOU HEREBY RELEASE
WHISTLE, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND
EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
WHISTLE IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING
FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. 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. WHISTLE, IT'S
MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR
RESPECTIVE AFFILIATES, DISCLAIM ANY REPRESENTATION THAT IT WILL BE
ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR
MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS
OR DATA. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT
operation of a feature critical to the primary functionality or successfuloperation
of the product for a period of ONE (1) YEAR from the earlier of: the date of (i) retail
purchase by the original end-user purchaser (as evidenced by proof of
purchase), or (ii) first use of the product ("Warranty Period"). Whether a defect
occurs will be determined solely with reference to the published product
documentation. If a hardware defect arises and a valid claim is received by
Whistle within the Warranty Period, Whistle will, at its sole and exclusive option
and to the extent permitted by law, either (1) repair the product at no charge,
using new parts or reconditioned parts equivalent to new in performance and
reliability, (2) exchange the product with a product that is new or equivalent to
new in performance and reliability and is at least functionally equivalent to the
original product, or (3) refund the purchase price of the product (but not the
purchase price of the Whistle service(s) included with the product), provided that
you return the product to Whistle as provided below. Whistle may request that
you replace defective parts with new or refurbished user-installable parts that
Whistle provides in fulfillment of its warranty obligation. A replacement product
or part, including a user-installable part that has been installed in accordance
with instructions provided by Whistle, assumes the remaining warranty of the
original product or ninety (90) days from the date of replacement or repair,
whichever provides longer coverage for you. When a product or part is
exchanged, any replacement item becomes your property and the replaced
item becomes Whistle' property. Parts provided by Whistle in fulfillment of its
warranty obligation must be used in products for which warranty service is
claimed. When a refund is given, Whistle may require that the product for which
the refund is provided returned to Whistle, at which time it shall become Whistle'
property.
EXCLUSION AND LIMITATIONS
This Limited Warranty applies only to the hardware product manufactured by or
LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM
THE DATE THE CAUSE OF ACTION ACCRUES. THIS LIMITATION OF
LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Some
states do not allow the exclusion or limitation of implied warranties or limitation
of liability for incidental or consequential damages, so the above limitations or
exclusions may not apply in those states. However, the parties intend for this
limitations of liability provision to apply to the maximum extent allowed under
applicable law. This limitation of liability provision survives the expiration or
termination of the Agreement and applies notwithstanding any contrary
provision in this Limited Warranty.
OBTAINING WARRANTY SERVICE
Please access and review the online help resources referred to in the
documentation accompanying this hardware product before seeking warranty
service. If the product is still not functioning properly after making use of these
resources, access the online website www.pettracker.com for instructions on
how to obtain warranty service. You must follow Whistle' warranty process.
Whistle may provide warranty service (i) at a Whistle authorized retailer or
service provider location, where service is performed at the location, or the
Whistle authorized retailer or service provider may send the product to a Whistle
repair service location for service, (ii) by sending you prepaid way bills (and if you
no longer have the original packaging, Whistle may send you packaging
material) to enable you to ship the product to Whistle' repair service location for
service, or (iii) by sending you new or refurbished customer-installable
replacement product or parts to enable you to service or exchange your own
product ("DIY Service"). Upon receipt of the replacement product or part, the
original product or part becomes the property of Whistle and you agree to
follow instructions, including, if required, arranging the return of original product
or part to Whistle in a timely manner. When providing DIY Service requiring the
