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Limited Warranty

I. The Moon Selfie, Inc. Limited Warranty.

Moon Selfie, Inc. (“Moon”) warrants each new [PRODUCT NAME] (a “Device”) will be free from defects in manufacture and workmanship for a period of one (1) year from the date of purchase when used under normal conditions and maintained according to the requirements outlined in the Instruction Manual provided with the Device.  This Limited Warranty is subject to the conditions and exclusions in Section II below.  This Limited Warranty applies only to the original buyer of the Device in the United States or Canada. For warranty coverage, a Return Authorization number, obtained by submitting a warranty registration card as described in Section III  below and Proof of Purchase as the original purchaser, is required.  Buyers are responsible for the return shipping cost of any  defective Device, which must be shipped prepaid and insured (COD’s are not accepted), provided that, Moon in its discretion, may refund the return shipping costs.  A buyer’s sole remedy for any Device with a defect in manufacture or workmanship shall be repair, exchange, or replacement of the Device, at Moon’s discretion.  If the Device is replaced, Moon reserves the right to do so with a Device of equal or greater value. The cost of reshipping a repaired, exchanged or replacement Device from Moon to a Buyer under this warranty will be paid by Moon.

If a replacement Device is issued by Moon, the coverage under this Limited Warranty shall continue for six months following buyer’s receipt date of the replacement Device, or the remainder of the original warranty period, whichever is greater.

II. Warranty Exclusions and Policies.

This Limited Warranty does not apply to defects or failures caused by: (1) normal wear and tear; (2) accidents; (3) misuse (including failure to follow or to maintain the Device in accordance with the Device Instruction Manual); (4) neglect; (5) disassembly; (6) alterations; (7) servicing other than by Moon authorized technicians; (8) external causes such as, but not limited to, water damage, exposure to sharp objects, exposure to excessive force, anomalies in the electrical current supplied to the device, and thermal or environmental conditions, or (9) other circumstance beyond Moon’s control.

1. This Limited Warranty does not cover any charges for labor, downtime, or any other similar damages resulting from improper functioning of the Device.

2. This Limited Warranty does not guarantee that use of the Moon will be uninterrupted or error free.

3. This Limited Warranty does not cover use of any parts not in accordance with the Device Instruction Manual or use of parts and adapters other than those produced or recommended by Moon.

4. This Limited Warranty does not cover damage due to mishandling in transit.

5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOON DISCLAIMS ALL LIABILITY FOR SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF THE SALE OR USE OF THE DEVICE.  SOME STATES 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.

6. This Limited Warranty is only valid and enforceable in locations where Moon is sold and will apply only if a Device is purchased from Moon or its authorized resellers.

7. This Limited Warranty applies to the original buyer of the Device and to the original Device only and is not transferable.

8. All returned Devices and/or parts for which buyer has received a replacement will become the property of Moon.

9. Original order shipping fees are non-refundable.This Limited Warranty replaces all other warranties, express or implied, with respect to the Device or any related parts, including the implied warranties of merchantability and fitness for a particular purpose. This Limited Warranty provides you specific legal rights, and you may have other legal rights which vary from state to state.

III. Registration of a Buyer’s Warranty.

In order to be eligible for service under this warranty a buyer MUST contact Moon at [Customer Phone Number] (Monday-Friday, 8:30 am – 5 pm EST) to obtain a return authorization (RMA) number within one year of the purchase date. Once an RMA number has been assigned to you, you are then responsible to ship the product along with proof of original purchase back to Moon at [RETURN ADDRESS].

IV. Customer Support

Please address any questions should be addressed to our Customer Support staff for clarification:
Phone: [CUSTOMER SUPPORT NUMBER]
The Moon Helpline is available during the following times: 8:30 a.m. to 5:00 p.m. EST

V. DISCLAIMER AND LIMITATION OF LIABILITY:

THIS WARRANTY IS THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT FOR THE PRODUCT BETWEEN MOON AND YOU. MOON HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING PRODUCT (INCLUDING SOFTWARE) AND MATERIALS PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED, EXCEPT DAMAGE AND LIABILITY RESULTING FROM MOON’S NEGLIGENCE OR A DEFECT IN THE ITEM. MOON’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM THAT RELATES TO ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM MOON SHALL NOT IN ANY EVENT EXCEED THE TOTAL AMOUNTS PAID FOR THE PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM.IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL MOON OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS OR SERVICES, EVEN IF THE PURCHASER HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE PROVISIONS HEREIN THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THIS WARRANTY OR ANY PRODUCT OR SERVICE PURCHASED OR RENTED BY YOU, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE..