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Limited Warranty SparkPeople Inc. (“we” or “our”) warrants to the original purchaser that the Spark that can be identified by the SparkPeople logo affixed to it (“Product”) will be free of defects of materials and workmanship under normal use for a period of ONE (1) YEAR from the date of purchase (“Warranty Period”). If defects in materials or workmanship arise during the Warranty Period and you properly submit a warranty claim during or within thirty (30) days after the end of the Warranty Period, we promise, in our sole discretion, to either (i) repair the Product or (ii) replace the Product with the same or a similar model, or if neither (i) or (ii) are commercially practical, to provide you with a refund of the original purchase price, in each case within a reasonable period of time. We may use new or reconditioned parts or Products to fulfill our obligation under the preceding sentence. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. In accordance with applicable law, we may require that you furnish proof of purchase details before receiving warranty service. What Is Not Covered This warranty excludes damage, malfunction or other issues with or to the Product caused by, stemming from or related to: (1) ordinary wear; (2) improper alterations, repairs, maintenance, modifications or other services on the Product by any person that is not one of our approved representatives; (3) the installation or insertion of the Product into a casing not provided by us; (4) operating the Product outside its advertised use or with improper voltage or power supply; (5) flood, fire, earthquake or other acts of God; (6) scratches or other damage to the case or screen; or (7) accident, abuse or misuse, including failure to follow instructions relating to the Product’s use. Unless the damage or loss is due to a defect in materials or workmanship, this warranty does not cover consumables (such as batteries), scratches on the device, or the recovery or reinstallation of software programs or user data. We do not warrant that the operation of the Product will be uninterrupted or error-free. We warrant that the Product may be worn in the shower or bathtub or recreational swimming, however, the Product is not intended to be used in activities such as scuba diving, free diving, water skiing, wakeboarding, surfing, kite surfing or other similar water sports. Any damage caused by such activities are excluded from this warranty. How to Obtain Warranty Service To obtain service under this warranty, please email us at thesparksupport@sparkpeople.com with a description of the problem and an email address at which we may contact you. We may suggest a solution by reply email or we may supply an RMA form number and ask that you mail the Product (in its original packaging or packaging providing an equal amount of protection) and a copy of your sales receipt showing the date of purchase together with a short note explaining the problem and your preferred return shipping address. We will provide you our return address for mailing on our return form, after we determine there is a true defect. Important: Items sent to this address without an RMA form may be returned without action. If you do not supply a return address, we may not be able to return your device. We disclaim any liability for damage or loss incurred in shipping the Product to us and so we recommend that you insure and securely package the Product when sending it to the address above. It is your responsibility to pay for the shipment of the package to us. We will pay return shipping and may rely upon the delivery service to provide us conformation of delivery. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and we will not be responsible for any such damage or loss. We will extend this warranty to any replacement or repaired Product for the remaining Warranty Period of the original Product or one year from the date of such replacement or repair, whichever is longer. When a Product is exchanged, any replacement item becomes your property and the replaced item becomes our property. What to Do If You Are Unhappy with Our Service In the unlikely event you are unhappy with the service we provide you under this warranty, we offer you the opportunity to raise your complaint through an impartial, non-binding, mutually agreed upon alternative dispute resolution provider. Please note that before suing under federal law you are required to utilize this alternative dispute mechanism. All parties, including the alternative dispute resolution provider, agree to the following rules: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, with the specific manner chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon; and (iii) any judgment or award rendered by the arbitrator may be entered in any court of competent jurisdiction. Failing arbitration, you agree to submit to the personal jurisdiction of the state courts located within Ohio and the federal courts in Ohio for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. Other Important Details No other person (including any of our agents or employees) or company is authorized to amend or supplement this warranty and your dealer is solely responsible for any additional warranties. THIS WARRANTY IS VALID ONLY IN THE UNITED STATES FOR PRODUCTS SOLD IN THE UNITED STATES. NEITHER THIS WARRANTY NOR ANY OTHER WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL EXTEND BEYOND THE WARRANTY PERIOD. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING ANY DAMAGES RESULTING FROM INACCURACY OR MATHEMATICAL INACCURACY OF THE PRODUCT OR LOSS OF STORED DATA. The limitations above may not apply to you as some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the exclusion or limitation by a party of liability for death or personal injury caused by that party’s negligence or allow limitations on how long an implied warranty lasts. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state, jurisdiction to jurisdiction, or country to country. Nothing in this warranty affects your statutory rights. This warranty shall be governed by the laws of Ohio without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. If you have any further questions about how to obtain service under this warranty, please email us at thesparksupport@sparkpeople.com. |