HIDEEZ One Year Limited Warranty
Version 002, dated July 18, 2016
IMPORTANT: BY USING YOUR HIDEEZ HARDWARE PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE HIDEEZ ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT TO THE AUTHORIZED DISTRIBUTOR OF HIDEEZ PRODUCTS FROM WHOM YOU PURCHASED IT FOR A REFUND.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. HIDEEZ DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, HIDEEZ LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT HIDEEZ'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Hideez Group Inc, 541 Jefferson Avenue, Suite 100, Redwood City, CA 94063 (“HIDEEZ”) warrants the HIDEEZ-branded hardware product and HIDEEZ-branded accessories contained in the original packaging (“HIDEEZ Product”) against defects in materials and workmanship when used normally in accordance with HIDEEZ's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). HIDEEZ’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-HIDEEZ branded hardware products or any software, even if packaged or sold with HIDEEZ hardware. This does not affect your rights under applicable consumer law. Manufacturers, suppliers, or publishers, other than HIDEEZ, may provide their own warranties to you — please contact them for further information. Software distributed by HIDEEZ with or without the HIDEEZ brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. HIDEEZ does not warrant that the operation of the HIDEEZ Product will be uninterrupted or error-free. HIDEEZ is not responsible for damage arising from failure to follow instructions relating to the HIDEEZ Product’s use.
This Warranty does not apply:
(a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
(b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship;
(c) to damage caused by use with a third party component or product that does not meet the HIDEEZ Product’s specifications (HIDEEZ Product specifications are available at www.HIDEEZ.com under the technical specifications for each product and also available in stores);
(d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause;
(e) to damage caused by operating the HIDEEZ Product outside HIDEEZ’s published guidelines;
(f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of HIDEEZ or a HIDEEZ Authorized Service Provider (“HASP”);
to a HIDEEZ Product that has been modified to alter functionality or capability without the written permission of HIDEEZ;
(h) to defects caused by normal wear and tear or otherwise due to the normal aging of the HIDEEZ Product,
(i) if any serial number has been removed or defaced from the HIDEEZ Product, or
(j) if HIDEEZ receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the HIDEEZ Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
HIDEEZ may restrict warranty service for hardware products to the country where HIDEEZ or its Authorized Distributors originally sold the device.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE HIDEEZ PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, HIDEEZ or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow HIDEEZ's procedures for obtaining warranty service. Before submitting your HIDEEZ Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. HIDEEZ AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE HIDEEZ PRODUCT SERVICED.
Following warranty service your HIDEEZ Product or a replacement device will be returned to you as your HIDEEZ Product was configured when originally purchased, subject to applicable updates. HIDEEZ may install system software updates as part of warranty service that will prevent the HIDEEZ Product from reverting to an earlier version of the system software. Third party applications installed on the HIDEEZ Product may not be compatible or work with the HIDEEZ Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
WHAT WILL HIDEEZ DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to HIDEEZ or its authorized distributor in accordance with this warranty, HIDEEZ will, at its option:
(i) repair the HIDEEZ Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the HIDEEZ Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the HIDEEZ Product for a refund of your purchase price.
HIDEEZ may request that you replace certain user-installable parts or HIDEEZ Products. A replacement part or HIDEEZ Product, including a user-installable part that has been installed in accordance with instructions provided by HIDEEZ, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a HIDEEZ Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes HIDEEZ's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the HIDEEZ Product is still not functioning properly after making use of these resources, please contact a HIDEEZ representative or, if applicable, a HIDEEZ owned retail store ("HIDEEZ Retail") or HASP, using the information provided below. a HIDEEZ representative or HASP will help determine whether your HIDEEZ Product requires service and, if it does, will inform you how HIDEEZ will provide it. When contacting HIDEEZ via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
HIDEEZ will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your HIDEEZ Product to a HIDEEZ Retail or HASP location offering carry-in service. Service will be performed at the location, or HIDEEZ Retail or an HASP may send your HIDEEZ Product to a HIDEEZ Repair Service (“HRS”) location to be serviced. Once you are notified that service is complete, you will retrieve the HIDEEZ Product from the HIDEEZ Retail or HASP location without delay unless HIDEEZ notifies you that the HIDEEZ Product will be sent directly to your location from the HRS location.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own HIDEEZ Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where HIDEEZ requires return of the replaced HIDEEZ Product or part. HIDEEZ may require a credit card authorization as security for the retail price of the replacement HIDEEZ Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and HIDEEZ will offer alternative arrangements for service. HIDEEZ will ship a replacement HIDEEZ Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced HIDEEZ Product or part. If you follow the instructions, HIDEEZ will cancel the credit card authorization, so you will not be charged for the HIDEEZ Product or part and shipping to and from your location. If you fail to return the replaced HIDEEZ Product or part as instructed or return a replaced HIDEEZ Product or part that is ineligible for service, HIDEEZ will charge your credit card for the authorized amount.
(b) Service where HIDEEZ does not require return of the replaced HIDEEZ Product or part. HIDEEZ will ship you free of charge a replacement HIDEEZ Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced HIDEEZ Product or part.
(c) HIDEEZ is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact HIDEEZ at the telephone number listed below.
HIDEEZ reserves the right to change the method by which HIDEEZ may provide warranty service to you, and your HIDEEZ Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the HIDEEZ Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, HIDEEZ may repair or replace HIDEEZ Products and parts with comparable HIDEEZ Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIDEEZ IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE HIDEEZ PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE HIDEEZ PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. HIDEEZ DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY HIDEEZ DEVICE UNDER THIS WARRANTY OR REPLACE THE HIDEEZ PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE HIDEEZ PRODUCT.
SOME COUNTRIES (STATES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No HIDEEZ reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the HIDEEZ Product purchase took place. HIDEEZ or its successor in title is the warrantor under this Warranty.