Recon MOD Live User Manual page 75

Warranty information
DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS OR STATES DO
NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, AND SO THE LIMITATION IN THIS SECTION 6 MAY NOT APPLY TO
YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
7. Limitation of Liability.
a. RECON, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS,
RESELLERS, AND DISTRIBUTORS (COLLECTIVELY, "RECON" IN THIS SECTION 7) WILL IN NO WAY BE LIABLE TO YOU
FOR ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS
OF OPPORTUNITY, AND DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS) ARISING
FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT, EVEN IF SUCH PERSON/ENTITIES
IS/ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN NO EVENT SHALL RECON'S LIABILITY UNDER THIS LIMITED WARRANTY TO YOU OR TO ANY THIRD PARTY
CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU
PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS GREATER.
c. THE LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 7(A) AND 7(B) ABOVE IS INTENDED TO APPLY AND DOES
APPLY TO ANY DAMAGES, LOSSES, OR LIABILITY HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF RECON HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, EXCEPT WITH RESPECT TO LIABILITY FOR DEATH, BODILY INJURY, OR LIABILITY FOR INTENTIONAL
OR GROSS NEGLIGENT ACT OR OMISSIONS, FOR WHICH NO LIMIT APPLIES. SOME JURISDICTIONS OR STATE DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR
EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
d. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 7 APPLY TO THE FULL EXTENT THEY ARE NOT PROHIBITED
BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER.
8. Privacy. Information about You that Recon receives or collects (including, without limitation, Your personal contact
information and financial information such as credit card information) will be used, processed, transferred, stored,
and disclosed in accordance with Recon's privacy policy (available at http://www.reconinstruments.com/corporate/
legal/privacy-statement) for the purpose of resolving problems with the Product and to provide and perform the
services relating to the warranty described in this Limited Warranty.
9. Dispute Resolution.
a. Arbitration. Any and all disputes, controversy or claims arising out of or in connection with or in relation to
this Limited Warranty or the breach thereof, including any question regarding its existence, validity, performance
or termination and any tort or other common law or statutory claim arising out of or relating to its negotiation,
execution or performance (collectively, the "Dispute"), will be referred to and finally resolved by binding arbitration,
with the losing party paying all costs of arbitration (including reasonable legal fees and expenses) to be conducted
by a single arbitrator in Vancouver, British Columbia, pursuant to the provisions of the Commercial Arbitration Act
Page 75 MOD Live User Manual | Version 1.1 | © 2012 Recon Instruments Inc | All rights reserved | www.reconinstruments.com