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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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