Limited One Year Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE ABOVE WARRANTY AND THE ABOVE REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) PEAR SPORTS EXPRESSLY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA AND/OR OUTPUT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEAR SPORTS OR ANY PEAR SPORTS RETAILER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. PEAR SPORTS WILL NOT BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT LOSING ALL DATA CONTAINED ON THE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY, AND PEAR SPORTS’ SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY WARRANTY CLAIM SHALL BE AS SET FORTH IN THE ABOVE WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL PEAR SPORTS, ITS EMPLOYEES, OFFICERS OR SHAREHOLDERS, BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR: (A) BUSINESS INTERRUPTION; (B) LOSS OF BUSINESS, DATA OR INFORMATION, GOODWILL, OPPORTUNITY, PROFITS, REPUTATION, REVENUE, USE OR OTHER MONETARY LOSS; (C) THE REPLACEMENT OF DATA OR EQUIPMENT; (D) FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT; OR (E) BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY) EVEN IF PEAR SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. PEAR SPORTS’ TOTAL LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT AND/OR ANY USE OF ANY PEAR SPORTS PRODUCT(S) SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE PEAR PRODUCTS. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS ARISING FROM: (I) ANY DEATH OR PERSONAL INJURY, OR (II) ANY STATUTORY LIABILITY FOR ANY INTENTIONAL ACTS AND/OR OMISSIONS OR GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS.