Hidrate Inc. ("Hidrate") warrants to the original purchaser only that your Hidrate Spark device you purchased (the "Product") shall be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of retail purchase by the original purchaser (the “Warranty Period”).
If a hardware defect arises and a valid claim is received by Hidrate within the Warranty Period, Hidrate will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a new or refurbished Product. If Hidrate, in its sole discretion, determines it is not reasonable to replace the defective Product, Hidrate may refund to you the purchase price paid for the 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 Products are sold by Hidrate itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, you must obtain a Return Merchandise Authorization (RMA) from our customer service team (email email@example.com) and deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Hidrate. You agree to pay the cost of shipping the Product to Hidrate. By sending the Product, you agree to transfer ownership to Hidrate. If the claim is justified based on this limited warranty, Hidrate shall bear the cost of shipping the repaired or replacement Product to you. Any Product returned to Hidrate without a valid warranty claim or without a RMA may be rejected, returned at sender’s cost (subject to prepayment) or kept for thirty (30) days for sender’s pick-up and then disposed of in Hidrate’s sole discretion. In accordance with applicable law, Hidrate may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. 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 Hidrate will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Hidrate website (www.HidrateSpark.com).
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to the original purchaser of Product that was purchased from www.HidrateSpark.com and manufactured by or for Hidrate that can be identified by an authorized “HidrateSpark” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Warranty does not apply to any (a) Hidrate products and services other than the Product, (b) non-Hidrate hardware product, including without limitation any knock off or counterfeit version of a Product, (c) Product that is, or Hidrate reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product. Please refer to the Terms of Service that accompany the Hidrate mobile application for details of your rights with respect to its use.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Hidrate or if the Product is inserted or installed in a casing not provided by Hidrate. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Hidrate products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Hidrate or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Hidrate. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This warranty is void if a Product is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
No Hidrate reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited 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 TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, HIDRATE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO 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 HIDRATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of the State of Colorado, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
NATIONAL STATUTORY RIGHTS
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. If you have any questions, please contact Hidrate at firstname.lastname@example.org.