LIMITED WARRANTY FOR ACKDATA PRODUCTS AND SERVICES

This Limited Warranty contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. The warranties for the ACKData Product are found in this Limited Warranty, and the warranty for the Product Software is found in the End User License Agreement.

1. ACKDATA SERVICES WARRANTY DISCLAIMERS

1.1 THE ACKDATA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ACKDATA, OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

1.2 ACKDATA, OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER, MOBILE DEVICE, DATA COLLECTION DEVICE, OR OTHER DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACKDATA OR THOUGH THE SERVICES, SHALL CREATE ANY WARRANTY.

1.3 ACKDATA does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through or in connection with the ACKData Products and Services, including any third party service provider who you may hire to install the ACKData Products and Services or from whom you purchase the ACKData Product. ACKData is not a party to and will not monitor any transactions between you and any third party.

1.4 ACKData makes no representations or warranties concerning any DCD Data which you transmit to and/or store on its servers other than the representations contained in the User Agreement’s description of ACKData Services and the related limitations of service. ACKData is not responsible or liable for the accuracy, legality, copyright compliance or decency of DCD Data stored in or accessed through ACKData Services.

1.5 ACKData Services may provide you with information or suggestions regarding the ACKData Products or Services or your Data Collection Devices. Any such information or suggestions are provided for your convenience and on an AS IS and AS AVAILABLE basis with no warranties as to their fitness for a particular purpose, merchantability, or accuracy. ACKData therefore does not represent, warrant, or guarantee that any such information or suggestions will be available, accurate, or reliable.

2. ACKDATA PRODUCT LIMITED WARRANTY AND DISCLAIMERS

2.1 Limited Hardware Warranty. The Recall Box / ACKData Product comes with a 1-year limited hardware warranty. This warranty covers defects in materials and workmanship in your ACKData Product only. It does not cover any of the following:

  • The ACKData Services, the warranty information of which is found in Section 1 of this Limited Warranty above.
  • Software, including the firmware on the ACKData Product or any third-party software. ACKData Product Software warranties are found in the End User License Agreement.
  • Problems indirectly or directly resulting from:
    • Physical contacts such as accidents, mis-handling, abuse, or misuse;
    • Breakdowns, fluctuations, or interruptions in electric power or any connected telecommunications network;
    • Acts of God, including but not limited to lightning or flooding;
    • Servicing not performed or authorized by ACKData and/or its licensors or vendors;
    • Usage that does not conform with product instructions and limitations; and
    • Failure to follow product instructions or to perform necessary maintenance.
  • Hardware and products that are not provided by ACKData.
  • ACKData Products with missing or altered serial numbers.
  • ACKData Products for which we have not received payment.
  • Normal wear and tear.

2.2 Commercial Customer Warranty Limitation. ACKDATA’S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE ACKDATA PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE FOR ACKDATA PRODUCTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACKDATA DISCLAIMS AND PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION (1) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NONINFRINGEMENT; (2) RELATING TO ANY THIRD-PARTY PRODUCT OR SOFTWARE; OR (3) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCT OR SOFTWARE. ACKDATA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. THIS LIMITED HARDWARE WARRANTY MAY BE VOIDED BY ACKDATA, AT ACKDATA’S SOLE DISCRETION, IF YOU DO NOT USE THEM IN ACCORDANCE WITH THE CUSTOMER AGREEMENT TERMS AND CONDITIONS.

2.3 Warranty Service Claims. To request service of your ACKData Product pursuant to this Limited Warranty, please visit here for troubleshooting advice and directions. If you need additional assistance, then, before the warranty expires, please contact us here. Please have your serial number available when you contact us. If you purchased your ACKData Product through a retailer (not directly from ACKData), you may be required to provide us with your original sales receipt from your purchase to receive any warranty service from ACKData.

2.4 ACKData Warranty Response. If ACKData determines that your issue is covered by this Limited Warranty and cannot be resolved remotely, ACKData, at its sole discretion, may dispatch a replacement part to you, arrange for you to send the defective part back to ACKData or replace the part of product with a comparable part or product that may be new or refurbished. Replacement parts and products are covered for the remaining period of the limited hardware warranty for the ACKData Product you purchased. If your limited hardware warranty has expired or if we determine that the problem is NO covered under this Limited Warranty, we may be able to offer you service alternatives on a fee basis.

2.5 Service Providers. ACKData may use authorized representatives to provide any of the technical support or repair services under this Limited Warranty.

2.6 Transferability. This Limited Warranty may be transferred from the original owner to a subsequent owner only if the original owner records the transfer with ACKData through its Account Portal. ACKData cannot guarantee the authenticity of the products, limited warranties, service or support, or the accuracy of the listings of products you purchase from a third party.

2.7 Limitation of Damages. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY, AND WE DO NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED DATA OR SOFTWARE. ACKDATA DOES NOT WARRANT THAT THE OPERATION OF ANY ACKDATA PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. ACKDATA’S LIABILITY WILL BE NO MORE THAN THE AMOUNT THE ORIGINAL PURCHASER PAID FOR THE SPECIFIC PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.

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