Smart Irrigation Controller and System Limited Warranty
iConservo, Incorporated’s Limited Warranty
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
YOUR RIGHTS AND THIS LIMITED WARRANTY This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty shall apply to the fullest extent allowed by applicable laws.
- WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE iConservo, Inc. warrants to the original retail purchaser of the product contained in this box (“Product”) that it will be free from defects in materials and workmanship for a period of two (2) years or, in the case of factory refurbished Products, for one (1) year from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, iConservo Inc. will, at its sole discretion, either (a) repair or replace the defective Product or any component thereof; or (b) accept the return of the Product and refund the money actually paid by the original retail purchaser for the Product. Repair or replacement may be made with a new or refurbished Product or components thereof, at iConservo Inc.’ sole discretion. If the Product or a component incorporated within is no longer available, iConservo Inc. may replace the Product or component in question with a similar product or component of similar function, at iConservo Inc.’ sole discretion. These are your sole and exclusive remedies for Product that do not conform to the above Limited Warranty. Any Product or component thereof that has been repaired or replaced under the Limited Warranty shall remain covered by the Limited Warranty for the remainder of the Warranty Period, if any. This Limited Warranty is not transferable from the original retail purchaser to subsequent owners or purchasers. This Limited Warranty shall be null and void as to any Product or components thereof that have been subjected to non-comforming use, tampering, abuse, improper installation, operation, maintenance, storage or handling, unauthorized modifications or alterations, improper voltage supply, disruptive power surges, misuse or acts of God.
- WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY Before being able to claim under this Limited Warranty, the original retail purchaser of the Product must (a) notify iConservo, Inc. of the intention to claim by visiting www.meetbloom.com/support during the Warranty Period and providing a reasonably adequate description of the alleged non-conformity of Product or its component(s), and (b) comply with iConservo, Inc.’s return shipping instructions. iConservo, Inc. shall have no warranty obligations with respect to a returned Product or component(s) thereof if it determines in its reasonable discretion, after examination of the returned Product, that the Product is an Ineligible Product (defined below).
- WHAT THIS LIMITED WARRANTY DOES NOT COVER This warranty does not cover the following (collectively “Ineligible Products”): Products or their components marked as “sample” or sold “AS IS”; or Products or their components that have been subject to: (a) unauthorized modifications or alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing or use not in accordance with the User’s Guide or other instructions provided by iConservo Inc.; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including lightning, flood, tornado, earthquake, or hurricane. Unauthorized use of the Product or software can impair the Product‘s performance and may invalidate this Limited Warranty.
- DISCLAIMER OF WARRANTIES EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iCONSERVO, INC. DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ITS COMPONENTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iCONSERVO, INC. ALSO LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
- LIMITATION OF DAMAGES IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT SHALL iCONSERVO, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR INFORMATION OR LOST PROFITS ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT AND ITS COMPONENTS; AND iCONSERVO INC.’S TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT AND ITS COMPONENTS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL RETAIL PURCHASER.
- LIMITATION OF LIABILITY THE iCONSERVO INC. ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR PRODUCT OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCT (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE “AS IS” AND “AS AVAILABLE”. iCONSERVO, INC. DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL EFFECT YOUR TOTAL WATER CONSUMPTION OR CONDITION OF YOUR PLANTS AND GARDEN. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND iCONSERVO INC. DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR VALVES OF ANY KIND, PUMPS, PUMPS RELAYS, IRRIGATION EMITTERS OF ANY KIND, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION.
- VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY Some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so some of the limitations set out above may not apply to you.
GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
This Limited Warranty and the purchase of the Product shall in all respects be construed, interpreted, and/or enforced in accordance with and governed by the laws of the State of California. Other than as set forth above, you knowingly and irrevocably waive the right to bring or maintain any action, claim or proceeding in any court of law arising out of or related to this Limited Warranty or the Product. You further irrevocably waive any right to a jury trial of any non-waived action, claim or proceeding. The courts of the County of Orange, State of California shall have exclusive jurisdiction over any non-waived action, claim or proceeding, which courts shall also be the exclusive venue of such actions, claims and proceedings.
This Limited Warranty does not extend beyond the original retail purchaser of the Product and may not be transferred, assigned or passed by the original retail purchaser. iConservo, Inc., its subsidiaries, and affiliates are intended beneficiaries of this Limited Warranty.
The above constitutes the whole and complete understanding of iConservo, Inc. and the original retail purchaser as to their respective obligations following the sale of the Product. Any other or additional terms and conditions, including exceptions to iConservo, Inc.’s terms or conditions, are deemed to be material alterations of iConservo, Inc.s offer to sell the Product and are rejected by iConservo, Inc., unless expressly agreed to in writing by its authorized representative.