Disclaimer Of Warranties; Limitation Of Damages; Limitation Of Liability - Moen Smart Sump Pump Monitor Manual

Smart sump pump monitor
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INS11985 - 10/21
Limited Warranty

(4) DISCLAIMER OF WARRANTIES

Except as stated above in this limited warranty, Moen does not extend any express warranties, representations, conditions or guarantees regarding Moen's
product or online services ("services") or any results thereof. To the maximum extent permitted by applicable law, Moen 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 applicable law, Moen also limits the duration of any applicable implied warranties or conditions to the dura-
tion 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 Moen 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 Moen 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 Moen 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." Moen 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 Moen 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 substi-
tute 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.
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