professional who are versed in medical treatment or a medical institution that will be able to assist you at your own expense.
5.EXCLUSIONS FROM LIMITED WARRANTY
This Limited Warranty does not cover damage to the product (i) due to acts of God, other forces beyond our reasonable control,
such as
negligence,
use of the
product for purposes other than for which the product was designed or intended, use in improper temperature, humidity or other
environ-
mental conditions, or use of the product in violation of written instructions provided by VENICE CHILD,LLC .
In addition to the above, this warranty also excludes: (i) defects due to normal wear and tear or aging, including soft goods;
(ii) damage due to
improper repair, operation or maintenance or connections to improper voltage supply, or attempted repair by anyone other than a
facility
authorized by VENICE CHILD,LLC to service your VENICE CHILD,LLC .
Warranty does not cover damages done by travel, airlines or shipping.
Use of the Product for purposes other than for which the Product was designed or intended misuse of product contrary to written
instructions
your smartphone.
6. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES
SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR
IMPLIED. VENICE CHILD,LLC DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, WARRANTIES
AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER ARISING BY COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
7.LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS AND EXCLUSIONS, TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VENICE CHILD LLC ITS
EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SUPPLIERS BE RESPONSIBLE OR
LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS OR REVENUE OR DIMINUTION IN VALUE, GOODWILL,
BUSINESS INTERRUPTION OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE
PRODUCT OR ITS REPLACEMENT) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF
YOUR PURCHASE OR USE OF THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH
DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY
YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY
AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMVENICE CHILD,LLC AGGREGATE CUMULATIVE
LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID
FOR THE PRODUCT THAT CAUSED SUCH DAMAGE. CERTAIN STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU
AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION ARE NOT
APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW
JERSEY, VENICE CHILD,LLC IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATING TO THE PRODUCTS UNLESS SUCH DAMAGES ARE
THE RESULT OF OUR
NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS; AND TO THE FULLEST
EXTENT PERMITTED BY LAW WE ARE NOT LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
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