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Other than the above product warranty for the Zero-X drones and
accessories, computer software, or other hardware, Zero-X and its suppliers
disclaim all warranties of any kind, whether express, implied, or statutory,
regarding the Zero-X equipment and any associated app/service. Including
any implied warranty of title, merchantability, fitness for a particular purpose,
or non infringement of third party rights. Because some jurisdictions do not
permit the exclusion of implied warranties, the last sentence of this section
may not apply to you. Zero-X hereby further expressly disclaims all liability
for any claims for service failures that are due to normal product wear,
product misuse, abuse, product modification, improper product selection or
your non-compliance with any and all applicable federal, state or local laws.
This warranty and warranty disclaimer give you specific legal rights, and you
may have other rights that vary by state, province, or country. Other than
as permitted by law, Zero-X does not exclude, limit or suspend other rights
you have, including those that may arise from the nonconformity of a sales
contract. For a full understanding of your rights you should consult the laws
of your state, province, or country. For our Australian Customers: please
note that this warranty is in addition to any statutory rights in Australia in
relation to your goods which, pursuant to the Australian consumer law,
cannot be excluded.
LIMITATIONS OF ZERO-X LIABILITY
Under no circumstances will Zero-X be liable in any way for any content,
including, but not limited to, the loss of content, any errors or omissions in
any content, or any loss or damage of any kind incurred in connection with
use of or exposure to any content posted, emailed, accessed, transmitted,
or otherwise made available via the Zero-X app.
Zero-X liability for damages, especially for breach of duty or obligation,
delay in performance, non-performance, or malperformance shall be
precluded, except when these are due to negligent breaches of any
significant contractual duty or obligation on the part of Zero-X. Any liability
for negligence is limited to direct losses usually and typically foreseeable
in such case. Should the claim for damages be based on willful or grossly
negligent breach of contractual duty or obligation on the part of Zero-X, the
preclusion and limitation of liability mentioned in the preceding sentences
will not apply. The preceding preclusion and limitation of liability will also
not apply to claims for damages arising out of loss of life, bodily injury
or health impacts for which Zero-X may be liable, or for non-contractual
liability.
Some states and countries do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion
may not apply to you. Additionally, this provision is not intended to limit
Zero-X's liability in the event of Zero-X's willful or intentional misconduct.
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