ThinkFlood One (1) Year Limited Warranty
ThinkFlood’s warranty obligations are limited to the terms set forth below.
ThinkFlood, Inc. (“ThinkFlood”) warrants ThinkFlood-branded hardware products against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, ThinkFlood will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. ThinkFlood may request that you replace defective parts with new or refurbished user-installable parts that ThinkFlood provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by ThinkFlood, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes ThinkFlood’s property. Parts which ThinkFlood provides in fulfillment of its warranty obligation must be used in products for which warranty services is claimed. When a refund is given, the product for which the refund is provided must be returned to ThinkFlood and becomes ThinkFlood’s property.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to hardware products manufactured by or for ThinkFlood that can be identified by the “ThinkFlood” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-ThinkFlood hardware products or any software, even if packaged or sold with ThinkFlood hardware. Manufacturers, suppliers, or publishers, other than ThinkFlood, may provide their own warranties to the end user purchaser, but ThinkFlood, insofar as permitted by law, provides their products “as is.” Software distributed by ThinkFlood with or without the ThinkFlood brand name (including, but not limited to, system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
ThinkFlood does not warrant that the operation of the product will be uninterrupted or error-free. ThinkFlood is not responsible for damage arising from failure to follow instructions relating to the product’s use.
This warranty does not apply: (a) to damage caused by use with non-ThinkFlood products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) damage caused by operating the product outside the permitted or intended uses described by ThinkFlood; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ThinkFlood; (e) to a product or part that has been modified to alter functionality or capability without the written permission of ThinkFlood; (f) to consumable parts, unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports; or (h) if any ThinkFlood serial number has been removed or defaced.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THINKFLOOD’S RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY THINKFLOOD IN ITS SOLE DISCRETION. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. No ThinkFlood 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.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, THINKFLOOD 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 ANITICPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF DAMAGE TO 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 OR USED WITH THINKFLOOD PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE 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. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Obtaining Warranty Service
Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the ThinkFlood representatives located using the information provided in the documentation. When contacting ThinkFlood via telephone, other charges may apply depending on your location. When calling, a ThinkFlood representative will help determine whether your product requires service, and if it does, will inform you how ThinkFlood will provide it. You must assist in diagnosing issues with your product and follow ThinkFlood’s warranty procedures.
ThinkFlood may restrict service to the fifty states of the United States of America and the District of Columbia, and provide warranty service (i) by sending you prepaid way bills (and if you no longer have the original packaging, ThinkFlood may send you packaging material) to enable you to ship the product to ThinkFlood’s repair service location for service, or (iii) by sending you new or refurbished customer-installable replacement product or parts to enable you to service or exchange your own product (“DIY Service”). Upon receipt of the replacement product or part, the original product or part becomes the property of ThinkFlood and you agree to follow instructions, including, if required, arranging the return of original product or part to ThinkFlood in a timely manner. When providing DIY Service requiring the return of the original product or part, ThinkFlood may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, ThinkFlood will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed, ThinkFlood will charge the credit card for the authorized amount.
Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, ThinkFlood may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.
ThinkFlood will maintain and use customer information in accordance with the ThinkFlood Customer Privacy Policy accessible at http://thinkflood.com/company/policies/privacy.
If your product is capable of storing software programs, data, and other information, you should protect its contents against possible operational failures. Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the contents and disable any security passwords. THE CONTENTS OF YOUR PRODUCT WILL BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Your product will be returned to you configured as originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data, and passwords. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
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