LIMITED WARRANTY ON POPSOLE™
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THE LIMITED WARRANTY CAN BE FOUND ONLINE AT WWW.POPSOLE.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS SOLELY AND EXCLUSIVELY LIMITED TO REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY? PopSole™ (“we”) extends this limited warranty only to the consumer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the product.
WHAT DOES THIS WARRANTY COVER? This limited warranty covers defects in materials and workmanship of the PopSole™ (the “product”) for the Warranty Period as defined below.
WHAT DOES THIS WARRANTY NOT COVER? This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear or use; or (h) external causes such as accidents, abuse, intentional or unintentional destruction of the product, or other actions or events beyond our reasonable control.
WHAT IS THE PERIOD OF COVERAGE? This limited warranty starts on the date of your purchase and lasts for thirty (30) days (the “Warranty Period”). This Warranty Period is not extended if we replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY? With respect to any defective product accepted by PopSole™ during the Warranty Period, we will, in our sole discretion, either (a) replace such product (or the defective part) free of charge or (b) refund the purchase price of such product, exclusive of the payment of any sales tax and original shipping and handling fees. We will pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective product. This is your sole and exclusive remedy under this limited warranty.
HOW DO YOU OBTAIN WARRANTY SERVICE? To obtain warranty service, you must report any alleged product defect by emailing our Customer Service Department at firstname.lastname@example.org during the Warranty Period. If emailing, please include “Return Authorizations” in the subject of your email. To be eligible for a return, your item must be unused and in the same condition that you received it. You must include the receipt or proof of purchase and your item must be in the original packaging. If we elect to replace the defective product, we will provide a prepaid return label which you will be required to use to send the product back to us.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, LESS THE PAYMENT OF ANY SALES TAX, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IF YOU HAVE A DISPUTE WITH US? The following dispute resolution procedures are the exclusive measures available to you if you believe that we have not performed our obligations under this limited warranty. A “Claim” is defined as any dispute, claim or controversy (whether based in contract, tort, statute, regulation, fraud, misrepresentation or any other legal or equitable theory).
Notice of Claim: To notify us of any Claim, please contact us by email at email@example.com or, send written notice to: P.O. Box PO Box 9273, Pittsburgh, PA 15224. Please be sure to provide your name, address, and telephone number; identify the product that is the subject of the Claim; and describe the nature of the Claim and the relief being sought.
Informal Negotiations: Prior to pursuit of any other legal remedy, any Claim between you and us arising from or relating in any way to this limited or the sale, condition or performance of any product will first be subject to informal good faith negotiations and consultations between you and PopSole™. All Claims must be in writing and submitted as noted above.
In the event informal good faith negotiations fail to resolve any Claim within sixty (60) days after you’ve notified us of any such Claim, then, either party may, by written notice to the other party, refer such Claim to binding arbitration, and the parties agree that the Claim WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
ARBITRATION: YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM NOT RESOLVED THROUGH INFORMAL NEGOTIATIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. YOU ACKNOWLDGE THAT YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or this limited warranty is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.
Each party shall be responsible for their respective costs and expenses related to such arbitration.
If the amount in controversy for any Claim falls within the threshold for filing a small-claims action, either party may elect to pursue a remedy in small-claims court rather than arbitration if written notice of such intention is provided to the other party prior to expiration of the sixty (60) day informal negotiation period noted above. The arbitration or small-claims court proceeding will be limited solely to your (or PopSole’s™) individual Claim, and shall not be combined or consolidated with any Claim by any other party.
If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced to the maximum extent permitted by law.