IMPORTANT: BY USING YOUR zero day PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE Zero Day 10 YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.
IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN Zero Day’S RETURN POLICY (FOUND AT www.Zero Day.com/legal/sales_policies/) TO THE Zero Day OWNED RETAIL STORE OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, Zero Day DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. Zero Day DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, Zero Day LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT Zero Day'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
Zero Day Inc. warrants the Zero Day-branded hardware product and Zero Day-branded accessories contained in the original packaging (“Zero Day Product”) against defects in materials and workmanship when used normally in accordance with Zero Day's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Zero Day’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
This Warranty does not apply to any non-Zero Day branded hardware products or any software, even if packaged or sold with Zero Day hardware. Manufacturers, suppliers, or publishers, other than Zero Day, may provide their own warranties to you – please contact them for further information. Software distributed by Zero Day with or without the Zero Day brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Zero Day does not warrant that the operation of the Zero Day Product will be uninterrupted or error-free. Zero Day is not responsible for damage arising from failure to follow instructions relating to the Zero Day Product’s use.
This Warranty does not apply:
(a) to protective coatings that are designed to diminish over time or batteries, unless failure has occurred due to a defect in materials or workmanship;
(b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship;
(c) to damage caused by use with a third party component or product that does not meet the Zero Day Product’s specifications (Zero Day Product specifications are available at www.Zero Day.com under the technical specifications for each product and also available in stores);
(d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause;
(e) to damage caused by operating the Zero Day Product outside Zero Day’s published guidelines;
(f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Zero Day or an Zero Day Authorized Service Provider (“AASP”);
(g) to an Zero Day Product that has been modified to alter functionality or capability without the written permission of Zero Day;
(h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Zero Day Product;
(i) if any serial number has been removed or defaced from the Zero Day Product; or
(j) if Zero Day receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Zero Day Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase).
IF YOUR Zero Day PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, Zero Day or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Zero Day's procedures for obtaining warranty service. Before submitting your Zero Day Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE Zero Day PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT Zero Day AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE Zero Day PRODUCT SERVICED.
Following warranty service your Zero Day Product or a replacement device will be returned to you as your Zero Day Product was configured when originally purchased, subject to applicable updates. Zero Day may install system software updates as part of warranty service that will prevent the Zero Day Product from reverting to an earlier version of the system software. Third party applications installed on the Zero Day Product may not be compatible or work with the Zero Day Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
If during the Warranty Period you submit a claim to Zero Day or an AASP in accordance with this warranty, Zero Day will, at its option:
(i) repair the Zero Day Product using new or previously used Zero Day genuine parts that have been tested and passed Zero Day functional requirements,
(ii) replace the Zero Day Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product – e.g., a different model with the same features, or the same model in a different color) that is new or comprised of new and/or previously used Zero Day genuine parts and has been tested and passed Zero Day functional requirements, or
(iii) exchange the Zero Day Product for a refund of your purchase price.
Zero Day may request that you replace certain user-installable parts or Zero Day Products. A replacement part or Zero Day Product, including a user-installable part that has been installed in accordance with instructions provided by Zero Day, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Zero Day Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Zero Day's property.
Please access and review the online help resources described below before seeking warranty service. If the Zero Day Product is still not functioning properly after making use of these resources, please contact an Zero Day representative or, if applicable, an Zero Day owned retail store ("Zero Day Retail") or AASP, using the information provided below. An Zero Day representative or AASP will help determine whether your Zero Day Product requires service and, if it does, will inform you how Zero Day will provide it. When contacting Zero Day via telephone, other charges may apply depending on your location.
Zero Day will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Zero Day Product to an Zero Day Retail or AASP location offering carry-in service. Service will be performed at the location, or Zero Day Retail or an AASP may send your Zero Day Product to an Zero Day Repair Service (“ARS”) location to be serviced. Once you are notified that service is complete, you will retrieve the Zero Day Product from the Zero Day Retail or AASP location without delay unless Zero Day notifies you that the Zero Day Product will be sent directly to your location from the ARS location.
(ii) Mail-in service. If Zero Day determines that your Zero Day Product is eligible for mail-in service, Zero Day will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Zero Day product, so that you may ship your Zero Day Product to an ARS or AASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the ARS or AASP location will return the Zero Day Product to you. Zero Day will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Zero Day Product are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Zero Day Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Zero Day requires return of the replaced Zero Day Product or part. Zero Day may require a credit card authorization as security for the retail price of the replacement Zero Day Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Zero Day will offer alternative arrangements for service. Zero Day will ship a replacement Zero Day Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Zero Day Product or part. If you follow the instructions, Zero Day will cancel the credit card authorization, so you will not be charged for the Zero Day Product or part and shipping to and from your location. If you fail to return the replaced Zero Day Product or part as instructed or return a replaced product or part that is ineligible for service, Zero Day will charge your credit card for the authorized amount.
(b) Service where Zero Day does not require return of the replaced Zero Day Product or part. Zero Day will ship you free of charge a replacement Zero Day Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Zero Day Product or part.
(c) Zero Day is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Zero Day at the telephone number listed below.
Zero Day reserves the right to change the method by which Zero Day may provide warranty service to you, and your Zero Day Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. Zero Day may use Zero Day Products or replacement parts for service that are sourced from a country that is different from the country from which the Zero Day Product or original parts were sourced. You may be responsible for shipping and handling charges if the Zero Day Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Zero Day may repair or replace Zero Day Products and parts with comparable Zero Day Products and parts that comply with local standards.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Zero Day IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE Zero Day PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE Zero Day PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. Zero Day DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY Zero Day PRODUCT UNDER THIS WARRANTY OR REPLACE THE Zero Day PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE Zero Day PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Zero Day reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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. This Warranty is governed by and construed under the laws of the country in which the Zero Day Product purchase took place. Zero Day or its successor in title is the warrantor under this Warranty.
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