Terms and Conditions
TERMS AND CONDITIONS
These Product Purchase Terms and Conditions (the “Terms and Conditions”) apply to the purchase of products (the “Products”) manufactured and sold by Watershot, Inc. (“Watershot”). The purchaser of the Products (the “Purchaser”) agrees to be bound by these Terms and Conditions.
Watershot’s Smartphone Housing Products are not toys. These safety instructions are intended not only for the protection of the Smartphone, but also to protect the safety of yourself and others. Improper operation may cause serious injury and property damage. In case of improper use, Smartphone Housing can be dangerous so please use every precaution possible. Watershot does not guarantee error-free behavior of the Products, including without limitation its accessories or software applications.
Use at Own Risk; Other Users:
Purchaser agrees to use the Products at his/her own risk (this also applies to associated computer programs). Purchaser shall be responsible for ensuring that all users of the Products purchased by Purchaser comply with these Terms and Condition
Purchaser agrees to conduct a thorough systems check before each submersion / immersion and to conduct periodic maintenance of the Products.
Watershot is not responsible for inexperienced users and is not accountable for the training or any equipment used in, on, or with the Smartphone Products. Housings involve waterproof seals and a methodology that presupposes an ability to read and follow instructions. If unfamiliar with instructions or the Products, Purchaser agrees to take the time to seek further information and assistance.
Watershot warranties that the Products will be free from material defects at the time of delivery. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THESE TERMS AND CONDITIONS. This warranty applies only to Products manufactured by Watershot. To the extent there is a defect in a component that is manufactured by a third-party, Watershot will pass-through the applicable manufacturer’s warranty.
Purchasers can cancel pre-ordered Products up to thirty (30) days prior to shipping of the purchased Product.
After a Product has shipped, if Purchaser believes that a Product purchased by Purchaser is defective, Purchaser may return the Product within 30 day of the date of purchase. Prior to return of the Product, Purchaser must obtain a RETURN AUTHORIZATION NUMBER by contacting Watershot at: firstname.lastname@example.org No Product will be processed without a RETURN AUTHORIZATION NUMBER. Purchaser agrees to pack the Product carefully and return it to Watershot, freight prepaid, together with an explanatory note and the RETURN AUTHORIZATION NUMBER. The returned Product must be in the original package and free of any defect or damage caused by shipping. If Watershot finds that the Product is defective and that the Product was returned within 30 days of purchase, Watershot shall, at its sole option, either refund the purchase price, repair the defect, or replace the Product. In the event of repair or replacement, Watershot will pay return costs for ground shipping. If Watershot reasonably determines that the Product is not defective or was not returned within 30 days of purchase, Watershot will contact the Purchaser and will arrange for reshipment to Purchaser at Purchaser’s cost, plus a handling fee equal to 15% of the Product purchase price. If Purchaser declines to pre-pay such shipping and handling costs, Watershot shall be under no obligation to return such non-defective Product. Material defects shall relate a material failure to comply with Watershot’s published technical specifications for the applicable Product, available at www.watershot/tech/spec
Watershot assumes no liability for damage or injury associated with the use of the Products. Watershot does not guarantee error-free behavior of the Products, including without limitation accessories, or software applications.
Liability for adjustments:
Purchaser is responsible for adjustments to Watershot Products to suit personal preferences.
Liability for damages:
Purchaser assumes all liability for damages to property or persons caused by use by Products.
Liability for improper use:
Purchaser assumes all liability for improper use of the Products.
Assumption of Risk:
Purchaser will, and hereby does, assume all risk and determine the suitability of the Product for his or her intended use. Anyone injured or any property damaged by use of the Product purchased by Purchaser is the sole responsibility of the Purchaser.
LIMITATIONS OF LIABILITY:
IN NO EVENT SHALL LILY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF PRODUCTS SOLD, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL LILY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO PURCHASER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PURCHASER PAID TO WATERSHOT HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WATERSHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PURCHASER. THIS AGREEMENT GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PURCHASER HEREBY INDEMNIFIES, DEFENDS AND HOLDS HARMLESS WATERSHOT AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES ACTUALLY INCURRED) ON ACCOUNT OF DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM OR IN CONNECTION WITH ANY PRODUCTS PURCHASED BY PURCHASER, EXCEPT TO THE EXENT ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF WATERSHOT. THIS INDEMNITY SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIM, DAMAGE, LIABILITY OR EXPENSE IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT.
These Terms and Conditions (a) represent the entire and integrated agreement of the parties with respect to the subject matter hereof and supersede and replace any prior or contemporaneous agreement or understanding, (b) may only be amended by writing signed by the parties, (c) shall be governed by the laws of the State of California without regard to conflicts of laws, (d) shall be binding on the successors and assigns of the parties, and (e) in the event of any dispute hereunder, the parties agree and consent to exclusive jurisdiction in the state and/or federal courts located in the County of San Diego, California.