Goodparents, Inc. (“Goodparents”) warrants to the original purchaser that your Kiddo electronic device (the “Device”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (“Warranty Period”). This warranty only applies to you if you purchased the Device in the United States.
If a hardware defect arises and a valid claim is received by Goodparents within the Warranty Period, Goodparents will, at its option and to the extent permitted by law, either (1) repair the Device at no charge, using new or refurbished replacement parts or (2) replace the Device with a new or refurbished Device. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Devices are sold by Goodparents itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is shorter, or for any additional period of time that may be applicable in your jurisdiction.
To make a warranty claim to Goodparents pursuant to the limited warranty provided herein, you must: (a) contact Goodparents within the Warranty Period at firstname.lastname@example.org; (b) return the Device to Goodparents with proof of purchase to a location provided and authorized by Goodparents.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOODPARENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF GOODPARENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GOODPARENTS EXCEED THE GREATER OF TEN U.S. DOLLARS (U.S. $10.00) OR THE PRICE PAID FOR THE DEVICE. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimer of Implied Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
This Limited Warranty shall be governed by the laws of the State of Delaware, United States, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Warranty Policy or to their relationship. All disputes arising under or in connection with this Warranty Policy will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the Rules. The language of the arbitration will be English. The place of the arbitration will be Santa Clara, California. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. All materials in the proceedings created for the purpose of the arbitration, all other documents produced by another party in the proceedings not otherwise in the public domain, and all awards in the arbitration will be deemed “confidential information”, except to the extent that disclosure may be required of a party by legal duty to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Notwithstanding anything to the contrary above and irrespective of the tribunal’s powers to order interim or conservatory measures, nothing in this Limited Warranty document will prevent either party from seeking provisional measures from any court of competent jurisdiction, and no such request will be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
Not a Medical Device
THE KIDDO DEVICE IS NOT A MEDICAL DEVICE. UNDER NO CIRCUMSTANCE SHOULD YOU TREAT THE DEVICE AS A MEDICAL DEVICE OR USE AND RELY ON IT AS A MEDICAL DEVICE., GOODPARENTS IS NOT BE RESPONSIBLE FOR ANY LOSSES SUFFERED BY A USER AS A RESULT OF ASSUMING THAT THE DEVICE IS A MEDICAL DEVICE. THE ANALYTICS ASSOCIATED WITH THE SERVICES ARE NOT MEDICAL ADVICE. IF YOUR CHILD APPEARS SICK, UNHEALTHY, FEVERISH, LETHARGIC, OR OTHEWISE UNWELL, IMMEDIATELY CONTACY YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PRACTITIONER FOR ASSISTANCE AND MEDICAL ADVICE.