This Terms and Conditions Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity) and Open-2, LLC regarding the use of Open-2, LLC‘s product entitled HYDRA SmartBottle, which may include user documentation provided in online or electronic form (the “Product”). By opening the package and using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this agreement, promptly return the package and accompanying items (including printed materials, binders, or other containers) to the place you obtained them for a refund in accordance with the Refund section below.
1-Year Limited Warranty
Open-2, LLC warrants that the materials with which the Product is furnished under normal use will be free from defects in workmanship for a period of one (1) year from the date of receipt. This warranty is valid only for the original purchaser. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. Open-2, LLC‘s entire liability and your exclusive remedy under this warranty will be return of the defective product or part that does not meet Open-2, LLC’s limited warranty to Open-2, LLC or Open-2, LLC’s authorized representative with a copy of your receipt.
Any replacement Product will be warranted for the remainder of the original warranty period. If a warranty claim is received during this warranty period, Open-2, LLC will conduct one or more of the following remedies, at its discretion: (1) exchange the defective part, (2) repair the defective product, (3) replace the product, or (4) refund the full purchase price. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
This limited warranty is void if failure of the Product has resulted from accident, abuse, neglect, modification, or misapplication. You may not rent or lease the Product, but you may transfer your rights under this Agreement permanently, provided you transfer this Agreement, the Product, and all accompanying printed materials and provided the recipient agrees to the terms of this Agreement.
NO OTHER WARRANTIES
YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATIONS OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEN-2, LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO CONSEQUENTIAL DAMAGE LIABILITY
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OPEN-2, LLC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OPEN-2, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between you and Company regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of California. This Agreement is the entire agreement between you and Company and supersedes any other communications or advertising with respect to the Product and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
You may return the Product to Open-2, LLC (not the manufacturer) within thirty (30) days of the date of receipt for a refund of the purchase price or exchange of the Product (if defective or damaged). Products purchased from authorized third-party resellers may only be exchanged for a replacement Product or part. The Product must be returned in the condition of which it was originally received, including its original packaging, accompanying written materials, and a receipt or proof of purchase.
To Exchange the Product, send a request to firstname.lastname@example.org and send the Product to the mailing address below:
41474 CHRISTY STREET
FREMONT, CALIFORNIA 94538
Open-2, LLC will notify you by email upon receipt of the returned Product. After inspection, you will receive notification of the refund’s approval or rejection. Where approved, a credit will be applied to the original payment method within thirty (30) days of the refund approval. If you have not received an approved refund by the end of this period and have subsequently contacted your applicable bank and credit agency, please contact us at email@example.com.
Partial refund of the purchase price may be granted in situations where the Product shows clear indications of use, including open seals, damaged parts, or missing parts. Partial refund may be granted after the return period has expired. Products purchased at discount price cannot be refunded.
Purchaser is responsible for shipping costs of any returned Product, and such costs are non-refundable. Upon issue of an approved refund of the purchase price, any shipping costs incurred by Open-2, LLC will be deducted from the refunded amount. Open-2, LLC cannot guarantee that it will receive your returned Product.
© 2017 Open-2, LLC. All rights reserved.