What is covered by this Limited Warranty?
Provided that your goVia™ Hardware (the “Product”) was purchased directly from Stanley Black & Decker, Inc. (“Company”), from Company’s storefront on Amazon, or from a Company authorized distributor, Company warrants to the original purchaser only that the Product shall be free from defects in material and workmanship under normal use as described in the documentation accompanying the Product for a period of one (1) year from the date of purchase, as evidenced by your bill of sale (the “Limited Warranty”). This Limited Warranty does not cover any services, including without limitation, the professional medical alert monitoring services provided by Medical Guardian, LLC (“Medical Guardian”). This Limited Warranty is non-transferable.
What is not covered by this Limited Warranty?
Company reserves the right to deny any warranty claim for a Product not purchased directly from Company or its authorized distributor. This Limited Warranty does not cover damage to the Product caused by: (a) ordinary wear and tear; (b) dents, scratches, and cosmetic damage, unless caused by Company; (c) accident, vandalism, negligence, water (except to the extent the documentation expressly states that Product is waterproof or water resistant), lightning, fire, abuse, misuse, abnormal use or conditions, an act of God, or casualty, including without limitation electrical charges; (d) any actual or attempted unauthorized repair service, modification, or improper installation, including without limitation any changes, modifications, or swaps of the SIM card.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE IN COMBINATIONS THAT YOU MAY SELECT FOR USE, OPERATE WITHOUT INTERRUPTION (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE), MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT ANY SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT WILL NOT HAVE INHERENT LIMITATIONS. COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Important Notices and Other Exclusions.
Monitoring Services are not included with Purchase. Use of the Product requires professional medical alert monitoring services provided by Medical Guardian, an independent third party that is not owned or operated by Company. Medical Guardian’s monitoring services are provided pursuant to the separate monitoring agreement between you and Medical Guardian. Company shall have no liability for any services provided by Medical Guardian.
Products are not a 911 Substitute. The Product is not life support equipment, personal security equipment, a life safety device or a life saving device and does not provide any form of medical or medical-related services. You understand, acknowledge and agree that the Product (i) merely offers you one additional means of summoning help under certain limited circumstances; and (ii) is not a substitute for 911, and if possible, you should dial 911 in an emergency.
Automatic Fall Detection. If the Product includes Automatic Fall Detection, the Automatic Fall Detection may (i) not detect all falls and (ii) activate even if you do not fall. You understand, acknowledge and agree that if you fall, you should not rely exclusively on the Automatic Fall Detection but should push the “Help Button” or use a telephone to dial 911 for assistance.
Means of Communication. The Product uses and relies upon one or more communications networks, services or modalities (each, a “Means of Communication”) to enable the Product to transmit and receive voice and data communications to and from any (i) monitoring facility or (ii) other person or entity. A Means of Communication may include, among other things, one or more forms of (A) non-cellular telephone service or (B) radio frequency (“RF”) technology, including cellular telephone service, wireless service, Bluetooth, microwave, Wi-Fi or some other form of communications network, services or modalities. Governmental authorities limit the power that the Product can use to transmit data and such limitations can adversely affect the Product’s ability to transmit data. In a location where there is interference with, or insufficient connectivity for, the Product to connect to or successfully transmit and receive data and voice via, the Means of Communication or when the Means of Communication is not available or operable or is not operating properly, the Product may be impaired or not work and/or Medical Guardian may be unable to provide all or some portion of the services. In any location where there is interference with, or poor connectivity to, the Means of Communication, the Product may not work or work properly or you or other persons or entities, including any monitoring facility, may experience poor audio communication, inadequate data transmission and receipt, interference, call interruptions or drops or other degradations of performance (even in areas where any portion of the Means of Communication is available or where the Product shows an adequate network signal [i.e., “number of bars”]).
IF (I) ANY PORTION OF THE MEANS OF COMMUNICATION IS NOT AVAILABLE OR (II) THE PRODUCT HAS NO CONNECTION (OR AN INADEQUATE CONNECTION) TO THE MEANS OF COMMUNICATIONS, THE PRODUCT MAY BE UNABLE TO TRANSMIT DATA OR VOICE TO, OR RECEIVE DATA OR VOICE FROM, THE PRODUCT, ANY MEANS OF COMMUNICATION OR ANY APPLICABLE SERVERS, THE MONITORING FACILITY, OR ANY OTHER PERSON OR ENTITY.
Location Based Services. The Product may include technology designed to permit others including a monitoring facility, responders, caretakers or others, to determine the location of the Product at a given time or under certain circumstances. The accuracy of the location based services may be limited and may not permit others to identify the location of the Product precisely or at all.
What will Company do in the event this Limited Warranty is Breached?
Your exclusive remedy and Company’s sole liability under this warranty shall be, at Company’s option and election, repair or replacement of the defective Product or issuance of a refund of the amounts paid by you for the Product.
How to Contact Company for Limited Warranty Claims?
If you believe your Product contains a defect in material or workmanship within the warranty period, please contact 1-800-380-8333 and select the “goVia” option.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PRODUCT FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE OF THE SERVICES OR ANY ASSOCIATED EQUIPMENT OR COST OF SUBSTITUE SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PRODUCT.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
This Limited Warranty is governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule. Subject to the arbitration provisions in this Limited Warranty, any legal suit, action, or proceeding arising out of or related to this Limited Warranty shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration & Class Action Waiver.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Limited Warranty, your use of the Product and all related matters, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. You agree that any arbitration under this Limited Warranty will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision,
you may opt out. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by mail to Stanley Black & Decker, Inc., 75 Portsmouth Blvd., Suite 220, Portsmouth, NH 03801 Attn: Legal Department, within thirty (30) days of the date you purchased the Product.
The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/) as amended by this Limited Warranty. Selection of the arbitrator shall be in accordance with the rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of this Limited Warranty and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Limited Warranty, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitrator’s award will provide a written statement of the disposition of each claim, the award given and the essential findings and conclusions on which the award is based. Notwithstanding any of the foregoing, nothing in this Limited Warranty will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you. If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state or local laws will remain available under this arbitration clause, unless you retain the right to pursue such remedies in court. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.
If you are a consumer (as defined under JAMS rules) and you initiate arbitration against the Company, the only fee required to be paid is $250 (the approximate cost of court filing fees) and all other costs will be borne by the Company, including any remaining JAMS Case Management Fee and professional fees for the arbitrator’s services. If the Company initiates arbitration against you and you are a consumer (as defined under JAMS
rules), the Company will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees. For arbitrations outside of California, the arbitrator shall have the authority to award attorney’s fees and costs to the prevailing party if such an award is allowed under applicable law. For arbitrations within California, the arbitrator shall not have the authority to award attorney’s fees and costs to a claimant who does not prevail against the Company.
The limitations contained in this Limited Warranty apply not only to you, but to anyone you permit to use the Product or that uses the Product on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your Product. No Company reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any provision of this Limited Warranty (or portion thereof) is illegal or unenforceable under applicable law, the remainder of the provision (or portion thereof) will be amended to achieve as closely as possible the effect of the original term and the remainder of this Limited Warranty will continue in full force and effect.