Limited Warranty
I. Applicability of Limited Warranty
CyberLearning Technology, LLC (“CLT”) warrants that the Covered Products identified in this Limited Warranty Statement shall be free from defects in material and workmanship for such period of time as is identified in Paragraph IV below. This limited warranty is valid for Covered Products and is extended to the original consumer purchaser (“Purchaser”) only from the date of the original purchase.
II. Products covered under this Limited Warranty (the “Covered Products")
The SMART Modified Video Game Controller, SMART Box EEG Acquisition Device, SMART Wireless USB Dongle, excluding sensors. ("Hardware"); and
The SMART Helmet System to include Sensors. (“Sensors”); and
The following software (collectively referred to as "Software"):
The SMART BrainGames Home User Software desktop application.
III. Products that are specifically excluded by this Limited Warranty
1. Any software, except for the Software identified in Paragraph II above, licensed or provided by CyberLearning Technology, LLC that is used to operate, or used in connection with, the Hardware.
2. Any video game used with The SMART BrainGames Home System.
Any pads, cables, straps, Velcro, power cords, and/or batteries provided with or used with the Hardware or Software.
3. The Play Station Game Platform used with the Home System.
IV. Duration of Warranty
1. The Covered Products identified above are covered under the Limited Warranty called the “Applicable Warranty Period”
a. SMART Modified Video Game Controller,("Hardware"); - 90 days from the date of the original purchase;
b. SMART Box EEG Acquisition unit, ("Hardware"); - 12 months from the date of the original purchase;
c. SMART Wireless USB Dongle, ("Hardware"); - 12 months from the date of the original purchase;
d. SMART Helmet System to include Sensors, (“Sensors”) - 90 days from the date of the original purchase;
e. The SMART BrainGames Home Software desktop application, "Software"- 30 days from the date of the original purchase.
The terms and conditions, including the Duration of the Warranty, are subject to change without notice. As a result, CyberLearning Technology, LLC reserves the right to modify the terms and conditions, including the Applicable Warranty Periods, of this Limited Warranty without notice to accommodate such changes. Updated and additional information on Applicable Warranty Periods and other terms and conditions are available through CyberLearning Technology, LLC website at: www.smartbraingames.com.
V. Our obligations under this Limited Warranty
1. HARDWARE: IF, DURING THE APPLICABLE WARRANTY PERIOD, ANY COVERED PRODUCT OR ANY COMPONENT OR PART THEREOF IS FOUND, IN THE SOLE AND REASONABLE JUDGMENT OF CLT, TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, SUCH COVERED PRODUCT OR COVERED COMPONENT OR PART THEREOF WILL, AT CLT’S SOLE DISCRETION, EITHER BE REPLACED OR REPAIRED BY CLT, THE ORIGINAL MANUFACTURER, OR BY A SERVICE DEALER APPROVED AND APPOINTED BY MANUFACTURER OR CLT. REPAIR PARTS OR REPLACEMENT PRODUCTS WILL BE PROVIDED ON AN EXCHANGE BASIS, AND THESE PARTS OR PRODUCTS WILL EITHER BE NEW OR REFURBISHED TO BE FUNCTIONALLY EQUIVALENT TO NEW.
2. SENSORS: IF, DURING THE APPLICABLE WARRANTY PERIOD, ANY SENSOR IS FOUND, IN THE SOLE AND REASONABLE JUDGMENT OF CLT, TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, SUCH SENSOR WILL, AT CLT’S SOLE DISCRETION, EITHER BE REPLACED OR REPAIRED BY CLT, THE ORIGINAL MANUFACTURER, OR BY A SERVICE DEALER APPROVED AND APPOINTED BY MANUFACTURER OR CLT. REPAIR PARTS OR REPLACEMENT PRODUCTS WILL BE PROVIDED ON AN EX CHANGE BASIS, AND
3. THESE PARTS OR PRODUCTS WILL EITHER BE NEW OR REFURBISHED TO BE FUNCTIONALLY EQUIVALENT TO NEW.
4. SOFTWARE: THE SOFTWARE IS NOT SOLD TO THE PURCHASER, USER OR PLAYER OF THE COVERED PRODUCTS, BUT IS LICENSED TO THE ORIGINAL PURCHASER PURSUANT TO A SOFTWARE LICENSE AGREEMENT SOLELY FOR USE BY PURCHASER WITH HARDWARE SOLD BY CLT. CYBERLEARNING TECHNOLOGY, LLC WARRANTS TO THE PURCHASER ONLY THAT THE SOFTWARE CONFORMS TO ITS STATED SPECIFICATIONS AND THE MEDIA UPON WHICH THE SOFTWARE IS PROVIDED IS FREE FROM MANUFACTURING DEFECTS. UPON PROMPT NOTICE OF A CLAIM WITHIN THE WARRANTY PERIOD, CYBERLEARNING TECHNOLOGY, LLC WILL, AT ITS SOLE DISCRETION, PROVIDE FIXES, UPGRADES, OR PATCHES IF AVAILABLE, REPLACE DEFECTIVE MEDIUM OR REFUND SUMS PAID FOR SUCH SOFTWARE.
VI. Warranty Limitations
This Limited Warranty shall not apply if the Covered Product is: (a) used with products and/or software not sold or licensed by CyberLearning Technology, LLC (including, but not limited to, non-licensed game enhancement and copier devices, adapters, and power supplies); (b) resold (c) modified or tampered with; (d) damaged by negligence, accident, unreasonable use, or by other causes unrelated to defective materials or workmanship; or (e) has had the serial number altered, defaced, or removed in any way.
VII. Purchaser's obligations under this Limited Warranty
The Original Purchaser is entitled to the benefits of this warranty only if the date of purchase is registered at point of sale or if the Purchaser can demonstrate to the satisfaction of CyberLearning Technology, LLC and warranting manufacturer that the Covered Product was purchased within the Applicable Warranty Period. Please retain the original or a legible photocopy of your dated sales receipt to clearly establish the date of purchase for in-warranty repairs or replacements. CyberLearning Technology, LLC will accept returns only from the Purchaser under the following conditions: (1) Purchaser must promptly contact CyberLearning Technology, LLC Customer Service to request a return, and Purchaser must receive written authorization from CyberLearning Technology, LLC prior to making a return.
Authorization includes an RAN, (Return Authorization Number), an address to which to send the returned Covered Product and any special shipping instructions;
1) The Purchaser must provide the original packing slip, a sales receipt, or a clear copy of the packing slip or sales receipt showing the date of purchase; 3) All returns must be postmarked within the Applicable Warranty Period; and, 4) CLT recommends you ship your return via UPS or another shipping service with tracking capabilities. CyberLearning Technology, LLC will not accept responsibility for lost packages and no credit can be given for lost returns. Freight charges are the responsibility of the Purchaser.
For information and authorization on returns, contact Customer Service at: customerservice@smartbraingames.com.
VIII. DISCLAIMERS
THE FOREGOING IS THE COMPLETE WARRANTY FOR THE COVERED PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. CYBERLEARNING TECHNOLOGY, LLC SPECIFICALLY MAKES NO WARRANTY THAT THE PURCHASER, USER OR PLAYER OF THE COVERED PRODUCTS WILL ATTAIN ANY PARTICULAR RESULT OR LEVEL OF PERFORMANCE USING THE COVERED PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO THE COVERED PRODUCTS AND CYBERLEARNING TECHNOLOGY, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. IN THE EVENT THAT ANY WARRANTY TERM IS IMPLIED BY APPLICABLE LAW AND SURVIVES THIS DISCLAIMER BY VIRTUE OF ANY APPLICABLE LAW, ANY SUCH IMPLIED WARRANTY IS STRICTLY LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD. ACCORDINGLY, ANY IMPLIED WARRANTIES ARE DISCLAIMED IN THEIR ENTIRETY AFTER THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CLT’S OBLIGATIONS UNDER THIS WARRANTY ARE STRICTLY AND EXCLUSIVELY LIMITED TO THE REMEDIES STATED IN PARAGRAPHS ABOVE, AND CLT DOES NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME FOR THEM ANY OTHER OBLIGATION. UNDER NO CIRCUMSTANCES WILL CLT BE LIABLE TO THE PURCHASER, OR TO ANY USER OR PLAYER OF THE COVERED PRODUCTS OR SOFTWARE, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS, LOST PROFITS, LOSS OF TIME, LOSS OF DATA, INCONVENIENCE, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE, OR INABILITY TO USE THE COVERED PRODUCTS OR SOFTWARE EVEN IF CLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
This Limited Warranty gives Purchaser specific legal rights, and Purchaser may also have other rights that vary from state to state.
IX. ASSIGNMENT AND MODIFICATION OF THIS LIMITED WARRANTY
CyberLearning Technology, LLC may, in its sole discretion, assign this Limited Warranty or any part thereof to any other party whatsoever. CyberLearning Technology, LLC may, in its sole discretion, modify any of the terms or conditions of this Limited Warranty without notice.
CyberLearning Technology, LLC
663 S Rancho Sante Fe Rd
Suite # 663
San Marcos, CA 92078
GOVERNING LAW- This Agreement shall be governed by the laws of the State of California, U.S.A., excluding (a) its conflicts of laws principles and (b) the United Nations Convention on Contracts for the International Sale of Goods. The exclusive forum for claims arising out of or related to this agreement shall be the federal and state courts of San Diego, CA unless a different forum is selected by CLT.
Contacting CyberLearning Technology, LLC/SMART BrainGames™
Please contact us by email at: customerservice@smartbraingames.com. Alternatively, you may contact us at 760-613-0901 or fax us toll-free at: 1-877-860-6156, or write to us at CyberLearning Technology, LLC- 663 S Rancho Santa Fe Rd, Suite #663 San Marcos, CA 92078.
Copyright © 2005 CyberLearning Technology, LLC
All rights reserved.
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