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In addition to the Phlex Terms of Service Agreement {www.phlexswim.com/pages/terms} (“Agreement”) your selection, procurement, and use of the Phlex-branded devices and Phlex-branded device accessories (collectively, our “Product(s)”) is governed by these additional Phlex Product Terms (“Product Terms”), and the terms and conditions of these Product Terms are made a part of, and expressly incorporated into, the Agreement. Any defined terms used herein, but that are not defined in these Product Terms shall have the meanings ascribed to them in the Agreement. In the event of conflict between these Product Terms and the Agreement, the terms and conditions of these Product Terms controls with respect only to your selection, procurement, and use of the Products.

  1. Product Warranty. Subject to the terms and conditions contained herein, Phlex agrees that the Products shall be delivered to the original purchaser (“you”) in a good and functioning manner substantially in accordance with the Product’s published descriptions, and shall be free from material defects in workmanship under normal use, excepting any damage caused by the carrier during delivery, by you upon receipt, or by your agent prior to delivery (the “Product Warranty”). The foregoing Product Warranty extends for one (1) year from the date of purchase, or for any additional period of time that may be required by applicable law your country of residence (the “Warranty Period”). The PRODUCT warranty contained in this Section does not apply to any products which are not provided by phlex.
  2. Exclusions, Waivers, and Limitations. This Product Warranty does not cover software embedded in any Product, the Phlex Technology, Third Party Materials, Phlex Content, and related services provided by Phlex. See the Agreement {www.phlexswim.com/pages/terms} for details of your rights with respect to the foregoing. This Product Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Phlex that can be identified by an authorized “Phlex” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Product Warranty does not apply to any (a) Phlex products and services other than the Products, (b) non-Phlex products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Phlex reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product. This Product Warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Phlex, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Product Warranty does not apply to damage or defects caused by (w) use with non-Phlex products; (x) accident, abuse, misuse, mishandling, force majeure, or other external causes; (y) normal wear and tear or aging of the Product such as discoloration or stretching; or (z) operating the Product (i) outside the permitted or intended uses described by Phlex, (ii) not in accordance with instructions provided by Phlex, or (iii) with improper voltage or power supply.
  3. In the event of a breach of Phlex’s Product Warranty, you must immediately notify Phlex and request a return authorization within the Warranty Period, following the process provided immediately below in Section 3. Your sole and exclusive remedy, and Phlex’s sole and exclusive obligation and liability, is for Phlex, at its option, to and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. Shipping and handling charges may apply except where prohibited by applicable law. This Product Warranty is valid only in the jurisdictions where the Products are sold by Phlex itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement 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 by applicable law. The foregoing REMEDies represent YOUR sole and exclusive remedies for any claim arising out of the PRODUCTs. PHLEX makes no other representation or warranty with respect to the PRODUCTS. PHLEX EXPRESSLY DISCLAIMS LIABILITY FOR: (A) CHANGES OR MODIFICATIONS MADE TO THE PRODUCTS BY ANYONE OTHER THAN PHLEX; (B) ANY CHANGES, MODIFICATIONS, COMBINATIONS WITH OTHER SOFTWARE APPLICATIONS, HARDWARE, OR EQUIPMENT; (C) CONDITIONS OR ISSUES ON OR ARISING FROM SERVERS, NETWORKS, OR THE INTERNET WHICH AFFECTS THE USE OR OPERATION OF THE PRODUCTS; AND (D) THE FAILURE OF THE PRODUCTS, IN ANY MANNER, BEYOND THE WARRANTY PERIOD.
  4. How to Obtain Warranty Service. To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact Customer Service via email at contactus@phlexswim.com. The return authorization number must be included along with your returned Product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Phlex. As may be required by applicable law, Phlex may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Phlex will not be responsible for any such loss.
  5. YOU ACKNOWLEDGE THAT: (A) THE PRODUCT(S) YOU PURCHASE WILL BE OF A TYPE, DESIGN, SIZE, CAPACITY AND MANUFACTURER SELECTED BY PHLEX; (B) PHLEX IS NOT A MANUFACTURER OF THE PRODUCTS; (C) NEITHER YOU NOR ANY MANUFACTURER OF THE PRODUCTS (NOR ANY AGENT THEREOF) IS AN AGENT OF PHLEX; (D) PHLEX HAS NOT, WILL NOT, AND HAS NO OBLIGATION TO, INSPECT THE PRODUCTS PRIOR TO DELIVERY TO YOU; AND (E) PHLEX HAS NOT MADE, WILL NOT MAKE, AND, EXCEPT AS MAY BE REQUIRED BY LAW, HEREBY DISCLAIMS ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, OF ANY KIND AS TO ANY MATTER WHATSOEVER ON WHICH YOU MAY RELY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, CONDITION, TITLE, QUALITY, DESIGN, DURABILITY, OR SUITABILITY FOR YOUR PURPOSE. PHLEX SHALL NOT BE LIABLE TO YOU FOR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY BY THE PRODUCTS OR ANY INADEQUACY THEREOF, OR ANY PATENT INFRINGEMENT, OR LATENT OR PATENT DEFECTS, OR DEFICIENCY THEREIN, AND YOU HEREBY ACKNOWLEDGES THE FOREGOING DISCLAIMER BY PHLEX.
  6. No Modifications/No Reliance. No Phlex reseller, distributor, agent or employee (“Agent”) is authorized to make any modification, extension, or addition to this Product Warranty. You may not rely on, and Phlex does not authorize, any representations, warranties, or guarantees provided by an Agent regarding the Products, other than the Product Warranty contained herein, which shall apply in all cases. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
  7. You agree to defend, indemnify, and hold harmless Phlex, our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (1) your use of our Products, (2) your violation of these Product Terms, (3) any User Content you post or provide through our Products, (4) your violation of any law or the rights of any third party, and (5) your negligence or willful misconduct.
  8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHLEX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE OUR PRODUCTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING A PRODUCT; OR (5) ANY OTHER MATTER RELATING TO OUR PRODUCTS. IN NO EVENT WILL PHLEX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PHLEX IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT, OR WITH THE PRODUCT TERMS, OR TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY UNLESS OTHERWISE EXPLICITLY SET FORTH BY PHLEX IS TO DISCONTINUE USE OF THE APPLICABLE PRODUCT.

Contact Us. Please contact us at contactus@phlexswim.com to pose any questions about these Product Terms.