TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HARDWARE, COMPONENTS AND SOFTWARE PROVIDED BY, THROUGH OR UNDER SHINYBOWUSA, INC (COLLECTIVELY, THE “PRODUCT”). By using installing or using the Product, you unconditionally signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Product and return the Product to ShinybowUSA, Inc. at the return address set forth on the Product’s packing label at your expense. ShinybowUSA, Inc. may modify these Terms and Conditions at anytime, without notice to you.
Restrictions On Use of the Product
It is your responsibility to read and understand the installation and operation instructions, both verbal and in writing, provided to you with respect to the Product. You are authorized to use the Product solely in connection with such instructions. Any use of the Product not in accordance with such instructions shall void any warranty pertaining to the Product. Any and all damages that may occur in the use of the Product that is not strictly in accordance with such instructions shall be borne by you and you agree to indemnify and hold harmless ShinybowUSA, Inc. from and against any such damage.
The Product is protected by certain intellectual property rights owned by or licensed to ShinybowUSA. Any intellectual property rights pertaining to the Product are licensed to you by ShinybowUSA, Inc. and/or its affiliates, including any manufacturers or distributors of the Product (collectively, "ShinybowUSA") for your personal use only, provided that you do not change or delete any proprietary notices that may be provided with respect to the Product.
The Product is sold to you and any use of any associated intellectual property is deemed to be licensed to you by ShinybowUSA for your personal use only. ShinybowUSA does not transfer either the title or the intellectual property rights to the Product and ShinybowUSA retains full and complete title to the intellectual property rights therein. All trademarks and logos are owned by ShinybowUSA or its licensors and providers of the Product, and you may not copy or use them in any manner without the prior written consent of ShinybowUSA, which consent may be withheld at the sole discretion of ShinybowUSA.
The functionality and usability of the Product is controlled by ShinybowUSA, Inc. from its offices within the State of Texas, United States of America. ShinybowUSA makes no representation that materials pertaining to the Product are appropriate or available for use in other locations other than the shipping address you provided with respect thereto. You are advised that the Product may be subject to U.S. export controls.
Disclaimers and Limitation of Liability
ShinybowUSA may change or modify the Product at any time, from time to time.
THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SHINYBOWUSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ShinybowUSA has no duty or policy to update any information or statements pertaining to the Product and, therefore, such information or statements should not be relied upon as being current as of the date you use the Product. Moreover, any portion of the materials pertaining to the Product may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice with respect to the Product.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, SHINYBOWUSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHINYBOWUSA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION WITH RESPECT TO THE PRODUCT. SHINYBOWUSA DOES NOT WARRANT THAT THE FUNCTIONS PERTAINING TO THE PRODUCT WILL BE ERROR-FREE, THAT DEFECTS WITH RESPECT TO THE PRODUCT WILL BE CORRECTED, OR THAT THE MATERIALS PERTAINING THERETO ARE FREE OF DEFECTS OR OTHER HARMFUL COMPONENTS. SHINYBOWUSA WILL USE ITS REASONABLE EFFORTS TO CORRECT ANY DEFECTS IN THE PRODUCT UPON TIMELY WRITTEN NOTICE FROM YOU NOT TO EXCEED 10 BUSINESS DAYS AFTER RECEIPT BY YOU OF THE PRODUCT, BUT YOU (AND NOT SHINYBOWUSA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION THAT WAS CAUSED BY YOU UNLESS OTHERWISE AGREED TO IN A SEPARATE WRITING BY SHINYBOWUSA.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHINYBOWUSA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE PRODUCT IN ACCORDANCE WITH ITS SPECIFICATIONS, EVEN IF SHINYBOWUSA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHINYBOWUSA'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO SHINYBOWUSA, IF ANY, FOR THE PRODUCT.
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