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

4. 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;
5. problems arising from the use of the Mio product with any product, accessory, software
and/or service not manufactured or supplied by Physical Enterprises Inc.; or
6. replaceable batteries, or user manuals or any third-party items;
in each case as determined at the sole discretion of Physical Enterprises Inc.

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. PHYSICAL ENTERPRISES INC., 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 PHYSICAL ENTERPRISES INC. 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.