EvansWerks warrants this product against defects in materials and assembly for a period of one (1) year from the date of shipping to the original buyer. In the event of defects in materials or assembly, Anthem One, will at its sole and absolute option either:
(i) repair the product using new or refurbished parts;
(ii) replace the product with a new or refurbished product; or
(iii) refund the original purchase price.
For purposes of this Limited Warranty, “refurbished,” means a product or part that has been returned to its original specifications. In the event of a defect or warranty claim, these are your exclusive remedies.
This Limited Warranty covers only the hardware components packaged with the product. Any software included with the product is provided “AS IS” unless otherwise expressly stated in any separate limited warranty that is enclosed with the software. Please refer to any End User License Agreement included with the product for your rights and obligations with respect to any software provided with the product.
This Limited Warranty will apply to any repair, replacement part, or replacement product for the remainder of the original one (1) year Limited Warranty period or for a period of ninety (90) days following the date that the repaired or replaced product is shipped back to the original purchaser, whichever is later.
This Limited Warranty covers only those problems or issues with the product caused by defects in material or assembly during ordinary use. This Limited Warranty does not cover any other problems or issues with the product arising from any other reason or cause, including but not limited to acts of God, misuse, limitations of technology, modifications of or to any part of the product, or use that is not ordinary and customary for the product. This Limited Warranty does not apply to consumables such as Light Cards and batteries, if any. Such consumables are the sole responsibility of the purchaser.
Limitation of Damages: EvansWerks shall not be liable for any incidental, consequential, or punitive damages arising from any breach of this Limited Warranty. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANTHEM ONE DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF OTHER WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE SPECIFIED IN WRITING, THIS WEBSITE AND ALL OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, AND SOFTWARE, AND ALL ANTHEM ONE PRODUCTS AND SERVICES OFFERED HEREIN ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANTHEM ONE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, OR SOFTWARE SET FORTH IN THIS WEBSITE, OR WITH RESPECT TO ITS PRODUCTS AND SERVICES OFFERED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANTHEM ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EVANSWERKS DOES NOT WARRANT:
- THIS WEBSITE OR ITS INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, OR SOFTWARE, OR THE PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE;
- THEIR SERVERS; OR
THAT ANY ELECTRONIC COMMUNICATIONS SENT FROM ANTHEM ONE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EVANSWERKS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM VISITING OR USING THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, OR SOFTWARE, OR PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTE RESOLUTION/BINDING ARBITRATION
Any dispute or claim relating in any way to your visit to anthem-one.com or to products or services sold or distributed to you by EvansWerks or through anthemone.com, or otherwise, will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration laws apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Northwest Registered Agent, LLC 401 Ryland Street, Suite 200-A Reno, Nevada 89502. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.