Exclusions And Limitations Of Liability; Disclaimers - Mio VELO Complete User Manual

limiting the foregoing, damage resulting from bending or dropping the product will
be deemed the result of abuse or improper use);
2. problems arising from misuse contrary to intended or recommended use;
3. problems arising from alteration of the Mio product, such as moisture or water
damage sufficient to affect the proper function of the product, and damage to the
product case or visible cracking of the face;
4. problems arising from the use of the Mio product with any product, accessory,
software and/or service not manufactured or supplied by Mio Global; or
5. replaceable batteries, or user manuals or any third- party items;
in each case as determined at the sole discretion of Mio Global.

EXCLUSIONS AND LIMITATIONS OF LIABILITY; DISCLAIMERS

THIS LIMITED WARRANTY IS ONLY VALID AND ENFORCEABLE IN THE COUNTRY OF PURCHASE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE, MANDATORY LAWS:
1.
THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER
WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESSED OR IMPLIED;
2.
NEITHER THIS LIMITED WARRANTY, NOR ANY OTHER WARRANTY, GUARANTEE, REPRESENTATION
OR CONDITION, INCLUDING ANY IMPLIED WARRANTY AND CONDITION (WHETHER FOR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE), WILL EXTEND BEYOND
THE LIMITED WARRANTY PERIOD;
3.
MIO GLOBAL, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "PHYSICAL ENTITIES"), SHALL NOT BE LIABLE
FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS, LOSS OF DATA, LOSS OF USE, COST OF CAPITAL,
COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, CLAIMS OF THIRD PARTIES, DAMAGE TO
PROPERTY RESULTING FROM THE PURCHASE OR USE OF THE ITEM OR ARISING FROM BREACH OF
THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY LEGAL OR EQUITABLE
THEORY, EVEN IF MIO GLOBAL KNEW OF THE LIKELIHOOD OF SUCH DAMAGES;
4.
WITHOUT LIMITING THE FOREGOING, THE PHYSICAL ENTITIES DO NOT WARRANT THAT THE
OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PRODUCT
WILL WORK WITH ANY HARDWARE OR SOFTWARE PROVIDED BY A THIRD PARTY, AND EXPRESSLY
DISCLAIM ANY DAMAGES RESULTING FROM INACCURACY OR MATHEMATICAL INACCURACY OF THE
PRODUCT OR THE LOSS OF STORED DATA; AND
5.
THE PHYSICAL ENTITIES SHALL NOT BE LIABLE FOR DELAY IN RENDERING WARRANTY SERVICE.
SOME PROVINCES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF
IMPLIED WARRANTIES OR CONDITIONS, OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
TYPES OF DAMAGES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY THAT PARTY'S NEGLIGENCE. IF THAT IS TRUE OF THE ORIGINAL PURCHASER'S PROVINCE, STATE
OR JURISDICTION, THE ABOVE LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY EXCEPT TO THE MAXIMUM
EXTENT PERMITTED BY SUCH APPLICABLE LAW. YOU HAVE SPECIFIC RIGHTS UNDER THIS LIMITED WARRANTY.
HOWEVER, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION AND
NOTHING IN THIS LIMITED WARRANTY WILL APPLY TO REDUCE OR ELIMINATE ANY OF YOUR MANDATORY,
STATUTORY RIGHTS.
Mio VELO User Guide 13