Disclaimer - Jacobs Ladder 2 Owner's Manual

DISCLAIMER

The express warranties provided herein are the exclusive warranties given by Jacobs Ladder LLC and
supersede any prior, contrary or additional representation/warranties, written or oral. ANY IMPLIED
WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION
TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. JACOBS
LADDER HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER. SOME STATES DO
NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. JACOBS LADDER LLC ALSO HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED ARISING BY LAW OR OTHERWISE WITH
REGARD TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED
TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING
FROM THE NEGLIGENCE OF JACOBS LADDER LLC OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE
OR IMPUTED) AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR
DAMAGE TO ANY EQUIPMENT. THIS DISCLAIMER AND RELEASE SHALL APPLY EVEN IF THE EXPRESS
WARRANTY SET FORTH ABOVE FAILS IN ITS ESSENTIAL PURPOSE.
JACOBS LADDER LLC DISCLAIMS AND DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR IMPLIED
WARRANTIES OF MERCHANTABILITY AND/OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
of the Waist Belt, the Power Supply Cord or the Polar Heart Rate Monitor. Any warranty from Polar can be
found and viewed on www.polarusa.com.
EXCLISIVE REMEDIES:
For any product described above that fails to conform to its warranty, Jacobs Ladder LLC Representative
will exclusively provide repairs provided the equipment has not been subject to casualty, misuse, abuse,
service or modification performed and not authorized by Jacobs Ladder LLC representative. Service
must be obtained by calling Jacobs Ladder LLC at 1 (866) 697 4100. THESE SHALL BE THE SOLE AND
EXCLUSIVE REMEDIES OF THE BUYER FOR ANY BREACH OF WARRANTY.
JACOBS LADDER LLC AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER
ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR IMPUTED
NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR DAMAGE TO THE EQUIPMENT, PROPERTY
DAMAGE, LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT,
ADDITIONAL COSTS INCURRED BY BUYER (BY WAY OF CORRECTION OR OTHERWISE) OR ANY OTHER
INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM
NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT. THIS EXCLUSION
APPLIES EVEN IF THE ABOVE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF
WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.
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