Advertisement
If a defect arises:
Please contact us at support@sphero.com to be provided with a Return Material Authorization Request (RMA) number. Provide this number
with your package when shipping. We do not accept returns without the RMA number. Purchaser is responsible for all shipping costs.
Software License
Use of Sphero Specdrums is subject to the Sphero Software License Agreement found at: sphero.com.
Exclusions and Limitations
This warranty covers the normal and intended use of Sphero Specdrums. It applies only to the hardware product "Sphero Specdrums"
manufactured by or for Sphero, Inc. that can be identified by the "Sphero" trademark, trade name or logo affixed to it. The Limited Warranty
does not apply to any non-Sphero hardware product or any software, even if packaged or sold with the Sphero Specdrums hardware product.
Refer to the terms of use for Sphero Specdrums for details of your rights with respect to the use of applications on your Sphero Specdrums.
Sphero does not warrant that the operation of Sphero Specdrums will be uninterrupted or error-free. Sphero is not responsible for damage
arising from failure to follow instructions relating to Sphero Specdrums's use. This warranty does not apply to:
a) Consumable
parts, such as batteries, or protective coatings designed to diminish over time unless failure has occurred due to a defect in
materials or workmanship;
b) Damage caused by use with non-Sphero Specdrums products;
c) Damage caused by accidents, misuse, abuse, neglect, misapplication, fire, water, lightning, or other acts of nature; incorrect electrical line
voltage, fluctuations or surges; damage caused by improper installation; product alteration or modification; improper or unauthorized
repair; exterior finish or cosmetic damage;
d) Damage caused by operating Sphero Specdrums outside the intended uses described by Sphero; or
e) Defects caused by normal wear and tear or otherwise due to the normal aging of the Sphero Specdrums product.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, SHALL APPLY AFTER THE EXPRESS WARRANTY PERIOD STATED ABOVE, AND NO OTHER
EXPRESS WARRANTY OR GUARANTEE GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING
ON SPHERO. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPHERO IS NOT RESPONSIBLE
FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF
REPUTATION, LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THIS PRODUCT, OR ANY BREACH OF ANY WARRANTY OR CONDITION
REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF SPHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOR SHALL RECOVERY OF ANY KIND AGAINST SPHERO BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF SPHERO
SPECDRUMS. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO
PURCHASER AND PURCHASER'S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE
THIS PRODUCT SOLD BY SPHERO NOT CAUSED DIRECTLY BY THE GROSS NEGLIGENCE OF SPHERO. THIS LIMITED WARRANTY SHALL NOT
EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE, AND STATES YOUR EXCLUSIVE
REMEDY.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have
other rights, which vary from state to state.
Governing Law and Arbitration.
This Limited Warranty shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may
provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a
cost-effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative
dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with
the following rules:
a) The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions. The specific manner shall be
chosen by the party initiating the arbitration;
b) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
c) Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located
within Boulder County, Colorado and the federal courts in Denver, Colorado for the purpose of litigating all such claims or disputes, which
courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Sphero may seek injunctive or other
equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
DOC 004437 REV A
USER MANUAL
Page 3 of 6
Advertisement
