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LIMITED WARRANTIES;
LIABILITY AND WARRANTY DISCLAIMERS
LIMITED WARRANTY: Subject to the terms and conditions set forth below,
WHERIFY Wireless, Inc. (“Wherify”) warrants to the original purchaser
(“Customer”) of the new Wherifone GPS Locator Phone (“Phone”) that such
Phone will be free from defects in material and workmanship under normal
usage for a period of one (1) year (365 days) immediately following the original
date of purchase of the new Phone by the Customer, with the EXCEPTION of
the Battery which has a ninety (90) day warranty from date of purchase, (the
“Warranty Period”). WHERIFY DOES NOT WARRANT THAT THE OPERATION
OF THE PHONE WILL BE PROPER, RELIABLE, AND TROUBLE FREE AT ALL
TIMES DURING THE WARRANTY PERIOD; BUT RATHER THAT WHERIFY WILL
PROVIDE A REPAIR, REPLACEMENT, OR REFUND (REDUCED BY REASONABLE
USAGE CHARGE) FOR ANY PHONE NOT COMPLYING WITH THIS LIMITED
WARRANTY. CUSTOMER’S EXCLUSIVE REMEDY, AND WHERIFY’S EXCLUSIVE
LIABILITY AND RESPONSIBILITY, FOR FAILURE TO MEET THIS WARRANTY
SHALL BE REPAIR, REPLACEMENT OR REFUND, AT WHERIFY’S SOLE
OPTION AND ELECTION, IN ACCORDANCE WITH THE FOLLOWING.
LIMITATIONS AND EXCLUSIONS: This limited warranty extends only to the
original purchaser of the new Phone and is not assignable or transferable,
whether to a subsequent purchaser, user or otherwise. This limited warranty
shall not apply if the failure is not the fault of Wherify or if the Phone otherwise
is considered by Wherify to have been (i) modified, altered, or dropped (including
without limitation altering, defacing, or removing any serial number or other
product codes or identification); (ii) used with components or accessories, or
otherwise in a manner, not expressly authorized in the Wherifone User Guide
provided by Wherify for this Phone; (iii) subjected to improper use, abuse,
misuse, neglect, accident, unauthorized repair, damage, water, or electrical
or physical stress, or (iv) otherwise exposed after shipment by Wherify to
factors or conditions contributing to the failure to operate. This limited
warranty shall not apply to any refurbished or replacement phone, except a
repaired or replacement Phone provided by Wherify under this limited
warranty to the extent expressly set forth below and shall not apply to any
Phone purchased or used outside of the United States of America. This
limited warranty shall apply only if the Phone fails to operate, and Customer
notifies Wherify of the failure and obtains a return authorization number for
the Phone from Wherify, during the Warranty Period, and the Phone is
received by Wherify from the Customer in accordance with the following within
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