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Limited Warranty

Occly LLC (“Occly”) warrants to the original purchaser that your Occly wearable personal security device (the “Device”) shall be free from defects in materials and workmanship under normal use (“Defects”) for a period of one (1) year from the date of purchase (the “Warranty Period”). Occly does not warrant that the operation of the Device will be uninterrupted or 100% error-free.

Occly is not responsible for, and this Limited Warranty (this “Limited Warranty”) does not cover, damage arising from failure to use the Device as intended or for use in violation of the Terms of Use or the Safety Instructions. This Limited Warranty does not apply to normal wear and tear or for physical damage to the surface of the Device. This Limited Warranty does not cover software or applications embedded in the Device or software or applications used in conjunction with the Device. This Limited Warranty does not cover any Occly products or services (including services provided by Occly to owners or users of the Device) other than the Device. Without limiting the generality of the foregoing, this Limited Warranty does not apply: (a) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (b) to damage caused by recharging the Device improper voltage or power supply; or (c) to damage caused by service (including modifications, alterations, upgrades and expansions) performed by anyone who is not an authorized representative of Occly.

REFUNDS.

Goods can be returned within 30 days of the delivery date, no questions asked. 10% restocking fee applies to all returns. Shipping is excluded from refunds. No refunds on subscriptions. You are responsible for the cost of return shipping. To avoid additional charges all returns and exchanges must include the original packing material, product box and accessories. Refunds will generally appear within one to two billing statements on the same card used to make the original purchase. If the order was placed using a check or money order, a check will be provided for the refund.

REMEDIES.

If a Defect arises and a valid claim for coverage under this Limited Warranty is received by Occly within the Warranty Period, Occly will, at its option and to the extent permitted by law, either (1) repair the Device at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a Defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Devices are sold by Occly itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required in your jurisdiction.

HOW TO OBTAIN WARRANTY SERVICE.

In order to make a claim under this Limited Warranty, you must contact Occly during the Warranty Period as described on http://www.occly.com to explain the Defect and to obtain a Return Materials Authorization (RMA) if necessary. You must return the Device during the Warranty Period, along with an explanation of the Defect, to the address provided to you by Occly in either its original packaging or packaging providing an equal degree of protection and comply with any return procedures stipulated by Occly. Occly may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.

NO OTHER WARRANTIES.

EXCEPT FOR THE WARRANTY FOR DEFECTS AS DESCRIBED AND LIMITED IN THIS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCCLY, ITS AFFILIATES, MANUFACTURERS AND SUPPLIERS PROVIDE THE DEVICE “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. If applicable law requires any implied warranties with respect to the Device, all such warranties are limited in duration to ninety (90) days from the date of purchase.

LIMITATION OF DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL OCCLY, ITS AFFILIATES, MANUFACTURES, SUPPLIERS AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS AND SERVICE PROVIDERS (COLLECTIVELY, “DAMAGE LIMITATION PARTIES”) BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OR DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE DEVICE, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF THE DAMAGE LIMITATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASO WHATSEOVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT, INDIRECT OR GENERAL DAMAGES IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY), THE ENTIRE LIABILITY OF THE DAMAGE LIMITATION PARTIES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE DEVICE.

MISCELLANEOUS.

This Limited Warranty shall be governed by the laws of the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

This Limited Warranty gives you specific legal rights, and you may have other rights, which vary from country to country. This Limited Warranty does not restrict the rights of the consumer mandated under applicable laws.

No Occly reseller, agent, employee or other representative is authorized to make any amendment, addition, supplement, extension or other modification to this Limited Warranty.

If any portion of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

This Limited Warranty is only for the benefit of the original purchase of the Device and cannot be transferred to any other person.

Last Revised: June 2, 2017