Invensify Corp. (“Invensify”) has developed a product the “Initial Product” that is a device that monitors the temperature of medicines. The Initial Product is developed and sold to you by Invensify. Invensify hereby warrants that the Initial Product shall be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of purchase (“Warranty Period”). This warranty (the “Limited Warranty”) only applies to you if you purchased the Initial Product in the United States and use the Initial Product in the United States.
Invensify does not warrant that the operation of the Initial Product will be uninterrupted or error-free. Invensify is not responsible for damages arising from failure to follow instructions relating to the Initial Product use. This Limited Warranty does not cover software embedded in the Initial Product and the services provided by Invensify to users of Invensify Platform. Refer to the license agreement accompanying the software and the Invensify on-line Terms of Service for details of your rights with respect to Invensify’s software and services.
1. Not a Medical Device/Product
THE INITIAL PRODUCT IS NOT A MEDICAL DEVICE/PRODUCT. UNDER NO CIRCUMSTANCE SHOULD YOU TREAT THE INITIAL PRODUCT AS A MEDICAL PRODUCT OR USE AND RELY ON IT AS A MEDICAL PRODUCT. INVENSIFY IS NOT RESPONSIBLE FOR ANY LOSSES SUFFERED BY A USER AS A RESULT OF ASSUMING THAT THE INITIAL PRODUCT IS A MEDICAL PRODUCT. THE ANALYTICS ASSOCIATED WITH THE SERVICES ARE NOT MEDICAL ADVICE. IF YOU FEEL SICK, UNHEALTHY, FEVERISH, LETHARGIC, OR OTHEWISE UNWELL, IMMEDIATELY CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PRACTITIONER FOR ASSISTANCE AND MEDICAL ADVICE. FOR ANY AND ALL EMERGENCIES PLEASE DIAL 911.
If a hardware defect arises and a valid claim is received by Invensify within the Warranty Period, Invensify will, at its option and to the extent permitted by law, either (1) repair the Initial Product at no charge, using new or refurbished replacement parts, or (2) replace the Initial Product with a new or refurbished Initial Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Initial Products are sold by Invensify itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions and used in the location specified in the Terms of Service. Any replacement hardware product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is shorter, or for any additional period of time that may be applicable in your jurisdiction.
To make a warranty claim to Invensify pursuant to the Limited Warranty provided herein, you must: (a) contact Invensify within the Warranty Period at email@example.com; and (b) return the Initial Product to Invensify with proof of purchase to a location provided and authorized by Invensify.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVENSIFY WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF LIFE, INJURY, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF INVENSIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF INVENSIFY EXCEED THE PRICE PAID FOR THE INITIAL PRODUCT. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE USER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
4. No Implied Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NO IMPLIED WARRANTIES TO THE INITIAL PRODUCT IS GRANTED.
5. Governing Law
This Limited Warranty shall be governed by the laws of the State of California, United States, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
6. Dispute Resolution
The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty or to their relationship. All disputes arising under or in connection with this Limited Warranty will be finally settled under the Rules of Arbitration of the American Arbitration Association (“AAA”) by one arbitrator appointed in accordance with the Rules. The language of the arbitration will be English. The place of the arbitration will be Santa Clara, California. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. All materials in the proceedings created for the purpose of the arbitration, all other documents produced by another party in the proceedings not otherwise in the public domain, and all awards in the arbitration will be deemed “confidential information”, except to the extent that disclosure may be required of a party by legal duty to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Notwithstanding anything to the contrary above and irrespective of the tribunal’s powers to order interim or conservatory measures, nothing in this Limited Warranty document will prevent either party from seeking provisional measures from any court of competent jurisdiction, and no such request will be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.