Limitation Of Liability - Moen FLO User Manual

Limited Warranty: Flo by Moen
(3) WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover and is void with respect to the following (collectively "Ineligible Products"): (i) Products marked as "sample", "engineering sample" or "Not
for Sale", or sold "AS IS"; (ii) Products that have been subject to: (a) modifications, alterations, tampering, or improper or lack of maintenance or repairs; (b) handling, storage,
installation, testing, or use not in accordance with the User's Guide or other instructions provided by Flo; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or
interruptions in electric power, water provided to the home, or the telecommunications network; (e) Acts of God, including but not limited to lightning, flood, tornado, earth-
quake, or hurricane; or (f) commercial use; (iii) any non-Flo branded hardware products, even if packaged or sold with Flo hardware; (iv) any malfunctions or damage caused
by any non-Flo branded products; and (v). Products installed on anything other than potable water service lines shall be Ineligible Products (for example, irrigation lines, well
systems or water containing metallic sediments). This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or
workmanship of the Product, or software (even if packaged or sold with the product). Flo recommends that you use only authorized service providers for maintenance or repair.
Unauthorized use of the Product or software can impair the Product's performance and may invalidate this Limited Warranty. This Limited Warranty does not cover data loss.
(4) DISCLAIMER OF WARRANTIES
Except as stated above in this limited warranty, flo technologies does not extend any express warranties, representations, conditions or guarantees regarding flo's product or
online services ("services") or any results thereof. To the maximum extent permitted by applicable law, flo disclaims all express, implied, and statutory warranties and conditions
with respect to the product and services, including the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by applica-
ble law, flo also limits the duration of any applicable implied warranties or conditions to the duration of this limited warranty.
(5) LIMITATION OF DAMAGES
To the maximum extent permitted by applicable law, this limitation shall apply to any and all damages, regardless of the legal theory on which they are asserted (including,
without limitation, contract, breach of contract or tort), and regardless of whether flo has been advised of the possibility of loss or damages - unless you prove that we caused
damages to you intentionally. In addition to the above warranty disclaimers, in no event will flo be liable for any consequential, incidental, exemplary, or special damages,
including any damages for lost data or lost profits, arising from or relating to this limited warranty or the product. To the maximum extent permitted by applicable law, the
amount of our total cumulative liability arising from or related to this limited warranty or the product will not exceed the total price actually paid for the product by the original
purchaser. This allocation of risk is reflected in the price charged for the product and services, if any. You acknowledge that the price of the product and services would be much
greater if we undertook more extensive liability.

(6) LIMITATION OF LIABILITY

The services provide you information ("product information") regarding your flo products or other peripherals connected to your products ("product peripherals"). The type of
product peripherals that may be connected to your product may change from time to time. Without limiting the generality of the disclaimers above, all product information is
provided for your convenience, "as is," and "as available." Flo does not represent, warrant, or guarantee that product information will be available, accurate, or reliable or that
product information or use of the services or product will provide protection in or to your home. You use all product information, the services, and the product at your own
discretion and risk. You will be solely responsible for (and flo disclaims responsibility for) any and all loss, liability, or damages, including to your wiring, plumbing, wi-fi, internet,
fixtures, electricity, water, home, product, product peripherals, computer, mobile device, and all other items, people, and pets in your home, resulting from your use of the
product information, services, data alarms or product. Product information provided by the services is not intended as a substitute for direct means of obtaining the information
or as a substitute for emergency services. For example, a notification provided through the service is not intended as a substitute for audible and visible indications in the home
and on the product.
(7) YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, nation or jurisdiction. Likewise, some of the limitations in
this Limited Warranty may not apply in certain states, provinces, nations or jurisdictions. The terms of this Limited Warranty will apply to the extent permitted by applicable law.
For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Flo Technologies 9415 Culver Blvd #210 Culver City, CA 90232
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