CMRA™ Limited One (1) Year Warranty
THIS LIMITED WARRANTY (“Warranty Policy“) APPLIES SOLELY TO THE ORIGINAL END-USER PURCHASER OF CMRA (HEREINAFTER REFERRED TO AS “you“).
FURTHERMORE, LAWS APPLICABLE TO YOU MAY ENTITLE YOU TO LEGAL RIGHTS IN ADDITION TO THOSE SET FORTH IN THIS WARRANTY POLICY. OTHER THAN AS PERMITTED BY LAW, GLIDE, THE MANUFACTURER OF CMRA, DOES NOT LIMIT OR EXCLUDE SUCH ADDITIONAL RIGHTS. CONSULT THE LAWS OF YOUR JURISDICTION IN ORDER TO UNDERSTAND YOUR LEGAL RIGHTS.
Reminder: This Warranty Policy is a part of the CMRA Terms and Conditions.
Furthermore, capitalized terms used, but not defined, in this Warranty Policy will have the meanings given to them in the CMRA Terms and Conditions.
- LIMITED WARRANTY. Subject to the Warranty Exclusions in Section 2 (Exclusions) below, Glide, Inc. (“Glide“) warrants to you that the Device, under normal use in accordance with the Documentation, shall be free from defects in materials and workmanship for a period of ONE (1) YEAR from the date you purchased CMRA from Glide, a Glide Affiliate, or from a Glide Reseller authorized for your territory (the “Limited Warranty” and “Warranty Period“, respectively).
- For the purpose of this Limited Warranty, the word “Documentation” shall also be deemed to include any product- or service-related communications sent by Glide to you (whether by email or otherwise).
- If you Pre-Order CMRA, or purchased it online or via other remote means, then the Warranty Period shall be deemed to commence on the date CMRA was shipped to you.
- EXCLUSIONS. The Limited Warranty does not cover or apply to (each of the following, a “Warranty Exclusion“):
- any non-Glide branded items (such as accessories) accompanying CMRA;
- consumable parts (such as batteries or protective coatings) that are designed to diminish over time, unless the defect to such consumable occurs due to a defect in the materials or workmanship of the Device;
- cosmetic damage (such as scratches, dents, and broken plastic), unless the damage occurs due to a defect in the materials or workmanship of the Device;
- defects caused by use or combination of CMRA with any product or service of a third party;
- defects caused by accident, fire, earthquake, similar external causes, or exposure to liquids or extreme environmental or thermal conditions;
- defects caused by abuse or misuse of CMRA (or part thereof);
- defects caused by any service performed by anyone who is not a representative authorized by Glide to provide such service;
- a Device whose serial number has been removed or defaced;
- a Device that has been modified without the prior and specific express written consent of Glide;
- defects caused by normal wear and tear or the normal aging of the Device;
- a Device for which you are unable to provide sufficient user-authentication information (such as not being able to provide us with the Device’s access code), or a Device that has otherwise been stolen; and/or
- locations to which Glide does not ship CMRA.
- WARRANTY SERVICE. In the event of a breach of the Limited Warranty during the Warranty Period, your sole and exclusive remedy, and Glide’s sole and entire obligation and liability, will be for Glide to perform one of the following services (each, a “Warranty Service“), at its discretion:
- repair the Device, using new parts or refurbished parts;
- replace the Device (or a part thereof) with a new or refurbished Device or part (of the same model) with at least equivalent functionality; or
- exchange CMRA for a refund of your purchase price.
Any repairs or replacements will not be deemed to re-start the Warranty Period, and the returned CMRA will be covered by the remainder (if any) of the Warranty Period.
In order to receive a Warranty Service, you must notify Glide of your claim, by filling out the web form available at www.getcmra.com, by emailing email@example.com although Glide may also require you to provide additional information (such as a proof of purchase). You must then obtain a Return Material Authorization (RMA) number from Glide, and return your CMRA (accompanied by other required information) in accordance with Glide’s instructions. You must package the returned item either in its original packaging or packaging provided an equal degree of protection, and mark the RMA number on the packaging. Items returned to Glide without an RMA number may be returned to you unopened or discarded, at your risk and expense. Glide may (but assumes no obligation to) give you additional instructions, such as resetting CMRA or backing up or removing your data.
- DISCLAIMER OF WARRANTIES. EXCEPT AS STATED OTHERWISE IN THIS WARRANTY POLICY, CMRA AND ANY WARRANTY SERVICES ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, POSSESSION, QUALITY OF SERVICE, NON-INFRINGEMENT, SATISFACTORY QUALITY, USABILITY, REGARDING LATENT DEFECTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY GLIDE.
IN ADDITION, GLIDE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:
- REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE DEVICE, FIRMWARE, APP, OR DOCUMENTATION; OR
- THAT YOUR USE OF CMRA, APP OR DOCUMENTATION WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED OR ERROR-FREE.
Some jurisdictions do not allow: (x) the disclaimer of certain implied warranties or conditions, and to the extent applicable to you Glide limits the duration of such warranties and conditions to the duration of the Warranty Period; and (y) limitation on the duration of a warranty or condition, and to the extent applicable to you the time limitation of the Warranty Period shall not apply.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (DISCLAIMER OF WARRANTIES) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GLIDE.
- LIMITATION OF LIABILITY. IN NO EVENT WILL GLIDE OR ITS AFFILIATED ENTITIES BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS WARRANTY POLICY (SUCH AS, BUT NOT LIMITED TO, FOR ANY FAILURE TO DELIVER ANY PRODUCT OR SERVICE, OR INABILITY TO USE ANY PRODUCT OR SERVICE), FOR:
- ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
- ANY LOSS OF, OR DAMAGE TO, DATA, OR COST OF RECOVERING THE DATA, REPUTATION, OR GOODWILL; AND/OR
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE COMBINED AGGREGATE LIABILITY OF GLIDE AND ITS AFFILIATED ENTITIES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS WARRANTY POLICY (SUCH AS, BUT NOT LIMITED TO, FOR ANY FAILURE TO DELIVER ANY PRODUCT OR SERVICE, OR INABILITY TO USE ANY PRODUCT OR SERVICE) SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO GLIDE (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID GLIDE ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, GLIDE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY THE LAW APPLICABLE TO YOU:
- EVEN IF GLIDE OR ITS AFFILIATED ENTITIES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS;
- EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND
- REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GLIDE.
- CONTROLLING LAW. This Warranty Policy shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Warranty Policy and is hereby disclaimed. The section in the CMRA Terms and Conditions entitled “Dispute Resolution” shall apply to Disputes which arise under this Warranty Policy. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS WARRANTY POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AGREE THAT SUCH CAUSE OF ACTION SHALL BE DEEMED PERMANENTLY BARRED.
Last Updated: November 2, 2016