REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES THE PURCHASER MAY HAVE AS A
RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR.
SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS
COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER SEGWAY PARTIES
DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE
DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY
LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE
DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF
WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION,
RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE
GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED,
RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL
BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE
COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
IN NO EVENT SEGWAY OR OTHER SEGWAY PARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS
UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED
TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT
TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY OR OTHER SEGWAY
PARTIES BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH
THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES
REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR
OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, UNLESS
SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING
LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO
MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES
UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO
THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY
TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall
not be responsible for any damages, including but not limited death, bodily injury, or damages to property,
arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act),
omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer or third party
that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law,
the explicit representations and warranties, if any, provided herein, shall be the only warranties and representa-
tions made by SEGWAY PARTIES to any consumer or end-user. SEGWAY PARTIES shall not be responsible for
any other warranties and/or representations that may be given and/or provided by another person unless
Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to
be given to consumer or end-user.
6.Claims and Dispute Resolution.
THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATES,
THE PRODUCT’S MANUFACTURER, DISTRIBUTORS, SELLERS, AND DESIGNERS AND INCLUDING BUT NOT
LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECES-
SOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT
COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS,
DIRECTORS, MANAGERS, MEMBERS AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF
(TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO
REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE
OF THE PRODUCT.
6.1 Binding Arbitration.
Segway Parties and you agree that any dispute, controversy, or claim arising out of, relating to or in connection
with this agreement, the limited warranty, the sale, condition, or performance of the product, whether based in
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