Last revised: June 29, 2019
Winston Privacy Inc. (the “Manufacturer”) warrants to the original purchaser at retail (the “Purchaser” or “you”) that the Winston Privacy Filter (the “Product”) will be free from material defects in workmanship or material appearing within 12 months from the date of delivery to the Purchaser, subject to the following conditions and limitations. This warranty may not be transferred to any subsequent buyer.
Install and operate this Product in accordance with the installation and operating instructions furnished with the Product at all times. Any unauthorized repair, alteration, willful abuse, accident, or misuse of the Product shall nullify this warranty.
This warranty does not cover Product damage caused by: (i) accidental or intentional abuse (including but not limited to any exposure to water or high humidity, extreme temperatures or fire, animal bites, excessive bending or crushing force), (ii) use of the Product in violation of the Manufacturer’s installation and operating instructions, (iii) or use of the Product with another unauthorized product. This warranty does not cover cosmetic or performance defects caused by: (i) normal wear and tear or otherwise due to the normal aging of the hardware, or (ii) consumable parts, such as cables, unless failure has occurred due to an initial defect in materials or workmanship. This limited warranty does not cover software or licenses.
As the Purchaser’s only remedy, and the Manufacturer’s only responsibility, for any defect in the Product, the Manufacturer will either, at Manufacturer’s option, repair or replace the materially defective Product with a new or refurbished Product, if and only if said defect is first confirmed by the Manufacturer’s inspection.
To make a claim under this warranty, the Purchaser must provide proof of purchase of the Product and submit a claim to the Manufacturer at email@example.com within 30 days after the defect was discovered.
As a condition to receiving the remedy, the Purchaser may be required by the Manufacturer, at the Purchaser’s expense, to return the Product to the Manufacturer and to pay for any necessary return freight for a repaired or replacement Product.
There are no express or implied warranties other than the warranties set forth in this document. All other warranties with respect to the product, its components and accessories, or any obligations/liabilities on the part of the Manufacturer, in each case not otherwise set forth in this document, are disclaimed in all respects. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
UNDER NO CIRCUMSTANCES, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, WILL THE MANUFACTURER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS (ACTUAL OR ANTICIPATED), LOSS OF BUSINESS, LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE PRODUCT. THE PURCHASER ASSUMES ALL SUCH RISKS, IF ANY, EXCEPT AS PROVIDED BY LAW. Some states do not allow the exclusion or limitation of special, incidental, punitive or consequential damages, so this exclusion may not apply to you.
For more information or to make a warranty claim, please contact Winston Privacy, Inc. at firstname.lastname@example.org.
Class Action Waiver: Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.