Limited Warranty for Glydsphere Products
Last updated: February 2021
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU AND YOUR PURCHASE OF GLYDSPHERE PRODUCTS.
1. YOUR RIGHTS AND THIS LIMITED WARRANTY.
This warranty (this “Limited Warranty”) applies to your purchase from Space Gravity LLC or its authorized designee (“Space Gravity,” “we,” “us,” or “our”) of certain audio speakers or related items or products (each, a “Product”) that may, among other potential uses, be used with the Glydsphere mobile applications (“Apps”). For terms of sale related to the Products, see our Terms of Sale . This Limited Warranty applies to you only if you are the original retail purchaser of the Product. This Limited Warranty does not apply to the Apps.
This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty shall apply to the fullest extent allowed by applicable laws.
2. EXCLUSION, DISCLAIMER, AND LIMITATION ON DURATION OF IMPLIED WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE AND DISCLAIM ANY IMPLIED WARRANTIES; HOWEVER, TO THE EXTENT THEY APPLY, WE LIMIT THEIR DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow such exclusions, disclaimers, or limitations, so the above exclusion, disclaimer, and/or limitation may not apply to you.
3. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE.
We warrant to you that the Product will be free from defects in materials and workmanship for a period of one (1) year and one day from the date of purchase (the “Warranty Period”).
If the Product fails to conform to this Limited Warranty during the Warranty Period, then we will, at our option as determined in our sole discretion, either:
(a)repair or replace the defective Product or any component thereof; or
(b)if both of the foregoing are impracticable (as determined in our discretion), accept the return of the Product and refund the money actually paid by you for the Product.
Repair or replacement may be made with a new or refurbished Product or components thereof, at our option as determined in our sole discretion.
If the Product or a component incorporated within is no longer available, we may replace the Product or component in question with a similar product or component of similar function, at our option as determined in our sole discretion.
The foregoing is your sole and exclusive remedy for Products that do not conform to being free from defects in materials and workmanship.
Any Product or component thereof that has been repaired or replaced under this Limited Warranty shall remain covered by this Limited Warranty for the remainder of the Warranty Period, if any.
This Limited Warranty shall be null and void as to any Product that is Ineligible (as defined below).
This Limited Warranty does not cover any defects due to normal wear and tear.
4. WARRANTY CONDITIONS; SUBMITTING A CLAIM UNDER THIS LIMITED WARRANTY.
Before being able to claim under this Limited Warranty, you must (a) notify us during the Warranty Period of your intention to submit a claim, (b) provide us with a reasonably adequate description of the alleged non-conformity of the Product or its component(s), and (c) comply with our return-shipping instructions.
You may notify us by submitting such notice and providing such description via the Product support website page at www.glydsphere.com/pages/contact-us.
We shall have no warranty obligations with respect to a returned Product or component(s) thereof if we determine, in our reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (as defined below).
5. WHAT THIS LIMITED WARRANTY DOES NOT COVER.
This Limited Warranty does not cover the following (collectively, “Ineligible” or “Ineligible Products”): Products that have been subject to (i) unauthorized modifications or alterations, tampering, or improper maintenance or repairs; (ii) improper handling, storage, installation, testing, or use, including but not limited to not in accordance with the Product documentation or other instructions provided by us; (iii) abuse or misuse; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network to which the Product is dependent; (v) “acts of God”, including lightning, flood, tornado, earthquake, or hurricane; or (vi) non-conforming use. Unauthorized use of the Product can impair the Product’s performance and may invalidate this Limited Warranty.
6. DISCLAIMER OF WARRANTIES.
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. LIMITATIONS OF LIABILITY.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WE (AND OUR SUPPLIERS AND LICENSORS) WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, OR ANY OTHER THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. NON-TRANSFERABILITY OF LIMITED WARRANTY.
This Limited Warranty is not transferable from the original retail purchaser of the Product to subsequent owners or purchasers. It may not be transferred, assigned, or passed on by the original retail purchaser.
9. GOVERNING LAW.
This Limited Warranty is governed by the laws of the State of Ohio without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
10. DISPUTE RESOLUTION.
The provisions in the Terms of Sale pertaining to injunctive relief, jurisdiction, and dispute resolution shall apply as if stated here (and references therein to the “Terms of Sale” or the like shall, accordingly, be interpreted to apply this Limited Warranty for Glydsphere Products).
11. ENTIRE AGREEMENT.
This Limited Warranty constitutes the whole and complete understanding between us and you as to the warranty of the Product. This Limited Warranty shall not expand, replace, or otherwise affect the terms and conditions in other documents that apply to our Website, Apps, or any services. This Limited Warranty does not apply to integrations.
12. COPIES OF LIMITED WARRANTY.
This Limited Warranty is available at the following website page: www.glydsphere.com/support. At such website page, you may print out a copy of this Limited Warranty. We may also provide a copy of this Limited Warranty with the delivery of the Product(s) (which copy may be a part of the instructions or manual about the Product(s) that is delivered with the Product(s)).