UDEXREAL UDCAP VRGlove LIMITED WARRANTY
United States
PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. THIS LIMITED WARRANTY CONTAINS A MANDATORY ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER. BY USING YOUR UDEXREAL PRODUCT OR ACCESSORY, YOU AGREE TO THE LIMITED WARRANTY, INCLUDING THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER BELOW. WARRANTY COVERAGE IS VOID IF USED FOR COMMERCIAL PURPOSES.
Define
The following definitions apply to this Limited Warranty:
“Product” means the UDCAP VR Gloves, and includes only the UDCAP VR Gloves included in the box of the product purchased from an authorized distributor or retailer.
“Accessories” means other necessary parts and components bundled with the Product at the time of purchase and included in the box, including joystick modules, wireless signal receivers, data cables, charging cables, wireless signal receiver bases, Tracker mounting bases, UTK mounting bases, Quest mounting bases, Tundra mounting bases, and provided that they are manufactured by or for UDEXREAL and purchased from an authorized dealer or retailer and are also marked “UDEXREAL” on the initial supply of parts and components. and provided that they were manufactured by or for UDEXREAL and purchased from an authorized dealer or retailer, and provided that the parts were originally supplied with “UDEXREAL” or “UDCAP” trademarks, trade names or logos.
“Warranty Period” means twelve (12) months from the date You purchased the Product from an authorized Retailer for the Product and twelve (12) months from the date You purchased the Product from an authorized Retailer for Accessories. If the last day of the warranty period falls on a legal vacation, the day following the vacation shall be the last day of the warranty period.
“You” means the person who purchased the product from an authorized distributor or retailer and the original purchaser and/or the original end-user of the product.
“Normal use conditions” means the use of the product by ordinary end-users in accordance with the operating conditions and procedures set forth in the instructions for use (or those published on the Internet) and the user manual (hereinafter referred to as “User's Manual”) accompanying the product or accessory.
“Owner's Manual” means a document containing instructions for the use of a product that is packaged with the product or accessory, or posted on the internet.
WHAT IS COVERED BY THIS LIMITED WARRANTY?
During the warranty period, UDEXREAL warrants that the product or accessory will be free from defects in material and workmanship when used in accordance with the user's instructions for use included in the product or accessory's box or posted online, and when the product or accessory is used under normal conditions of use. This Limited warranty is made solely to you and you may not sell, transfer, assign or give, in whole or in part, to any subsequent purchaser or acquirer of any product or accessory or to any other person. This Limited Warranty gives you specific legal rights.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty does not apply other than to the Product or Accessory. It therefore does not apply to any non-UDEXREAL equipment or any software whatsoever, whether developed by UDEXREAL or a third party, even if intended or labelled as for use with the Product. Third party manufacturers, suppliers, or publishers may provide warranties for their own products and You may contact them directly for service.
EVEN WITH RESPECT TO THE PRODUCT OR ACCESSORY YOU PURCHASED, THIS LIMITED WARRANTY SHALL NOT APPLY:
1).The batteries, circuit boards in the product data box have been artificially disassembled or damaged, including defects, conditions, or other incidents caused by or otherwise related to unauthorized modifications or connections or unauthorized repairs to components or repairs performed by unauthorized personnel or at authorized locations.
2).The product's data cartridge and battery circuit board have been immersed in water or washed.
3).The fabric of the product is considered to have been violently pulled, cut, burned, etc., and the fabric appears to be seriously damaged.
4).Physical damage to the product or accessory, including but not limited to cracks or scratches on the surface of the product or accessory.
5).The product has been contaminated, corroded or used in an improper environment, such as rough prevention, outdoor use, prolonged exposure to sunlight/ultraviolet rays, prolonged exposure to liquids, moisture, extreme temperatures, or other harsh environments, or use in an environment that has undergone rapid changes, corrosion or oxidation.
6).The product has been improperly charged or the battery has been improperly used, including failures due to electrical surges or other current problems not caused by the product or accessories.
7).The product has been washed in a manner not in accordance with the specified guidelines, such as machine washing, using high-strength detergents, washing with high-temperature water, or soaking for an extended period.
8).Malfunctions are caused by unplugging or disconnecting the data cable or power adapter line while the software driver of the product is in the process of being updated.
9).If the serial number, date, watermark logo or warranty seal (invalid label), etc. of the product or accessory has been removed, erased, painted over or tampered with or is illegible.
10).If the serial number of the product or accessory does not match the data cartridge.
11).Normal wear and tear on the exterior of the product or accessory.
12).Expendable parts, such as batteries or protective coatings, will reasonably deteriorate in performance over time, unless such deterioration is due to failure.
13).Any computer or other product that may be connected to the product, Udexeral does not guarantee that the operation of the product or accessories will be uninterrupted or error-free.
14).Failure to properly update or successfully modify the software associated with the Product (including, but not limited to, the operating system and/or firmware, etc.).
15).Malfunctions caused by the use or connection of the product or accessories with other products or accessories not approved or supplied by UDEXREAL, or in a manner other than that intended by the user, when such defects are not defects of the product itself.
16).Software installed on the Product may require updates, including but not limited to operating system and/or firmware updates, which you may download and install;
17).Any product whose operating system and/or firmware has been modified, including any unsuccessful modifications to the operating system, whether or not such modifications have been authorized, approved, or otherwise prohibited by UDEXREAL; or the unplugging of any data cable connection wiring on the product or accessory during the firmware update process, or failures due to power outages;
18).Other matters (including, without limitation, defects in expendable parts) arising from accidents, forces of nature or other causes beyond UDEXREAL's reasonable control, unless such defects are the direct result of a malfunction;
19).Other damage caused by vandalism or improper use.
Glove Replacement Kits and Free Gifts
Glove replacement kits and other free gifts are part of the services provided under the limited product warranty. In the event of a malfunction with the main glove unit, UDEXREAL reserves the right to require users to first utilize the glove replacement kit for replacement and repair. Warranty coverage under this limited warranty statement is applicable only when both the main glove unit and the glove replacement kit malfunction.For repair requests, users are required to return the main glove unit, the glove replacement kit, and any other free gifts together. Upon confirmation that the repair conditions are met, we will provide the corresponding repair or replacement services. The scope of these services does not include glove replacement kits or other free gifts.
Applicable Countries
This Limited Warranty is valid and enforceable only in the United States where the Product and Accessories are intended to be sold. A Product or Accessory can only be returned to be repaired under this Limited Warranty in the country where it was purchased. Warranty service availability and response times may vary from country to country.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in the Product or Accessory, You should take the following actions:
Refer to the user manual and/or resources available at www.udexreal.com/pages/setup in order to identify and correct the problem. Please note that opening the Product or Accessory may cause damage that is not covered under the Limited Warranty.
If the problem cannot be resolved by reference to the user manual and/or resources available at www.udexreal.com, You should contact the Retailer from which You purchased the Product or Accessory or visit www.udexreal.com/pages/setup for further information on contacting UDEXREAL customer care for assistance.
When You contact the Retailer or UDEXREAL, please be sure to have the following information available:
a. The model and serial number of the Product or Accessory.
b. Your full address and contact information.
c. A copy of the original invoice, receipt or bill of sale for the purchase of the Product. You must present a valid proof of purchase upon making any claims pursuant to this Limited Warranty.
Upon completion of these steps, UDEXREAL will provide You with instructions regarding how and when the Product or Accessory should be returned. You may be responsible for costs in connection with the return of the Product or Accessory to UDEXREAL. If You return the Product or Accessory during the Warranty Period and it satisfies the terms of this Limited Warranty, UDEXREAL or its authorized agent will, at its sole discretion, repair or replace it. Repair or replacement may involve the use of a functionally equivalent reconditioned Product or Accessory and/or parts. The Retailer or UDEXREAL will return the repaired or replacement Product or Accessory to You in good working condition. Any Product, Accessory, or parts or components thereof that are replaced under the terms of this Limited Warranty become the property of UDEXREAL.
If UDEXREAL repairs or replaces the Product or Accessory, the repaired or replaced Product or Accessory shall continue to be warranted for the remaining time of the original Warranty Period or for one (1) months from the date of repair or replacement, whichever is longer.
Rather than ask You to return the Product or Accessory, UDEXREAL may instead elect to supply user-installable parts directly to You to fulfill its Limited Warranty obligations. If requested by UDEXREAL, You in turn agree to return the replaced parts at Your cost.
UDEXREAL reserves the right to restrict warranty service to the country where the Product or Accessory was intended to be sold. UDEXREAL must be notified of a perceived malfunction during the applicable Warranty Period in order for You to be eligible for any remedy under the Limited Warranty. Do not ship Your Product or Accessory directly to UDEXREAL unless You are asked to do so when following the steps above. If You need to return the Product or Accessory for warranty service, the steps above must be followed.
DISCLAIMER AND LIMITATION OF OTHER WARRANTIES AND RIGHTS
TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS. UDEXREAL LIMITS THE DURATION AND REMEDIES OF ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS TO THE DURATION OF THIS LIMITED WARRANTY AND, AT UDEXREAL’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UDEXREAL SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PRIVACY, LOST PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, OR LOSS OF CONFIDENTIALITY. NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE ENTIRE LIABILITY OF UDEXREAL AND ITS SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE PRODUCT OR ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF UDEXREAL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH UDEXREAL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UDEXREAL.
Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court, You and UDEXREAL agree (a) to waive Your and UDEXREAL’s respective rights to have any and all disputes or claims arising from or related to this Limited Warranty or the sale, condition, use, or performance of the Product or Accessory (collectively, “Disputes”) resolved in a court, and (b) to waive Your and UDEXREAL’s respective rights to a jury trial. Instead, You and UDEXREAL agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and UDEXREAL agree that any Dispute arising out of or related to this Limited Warranty, is personal to You and UDEXREAL and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and UDEXREAL agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, You and UDEXREAL agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution. You and UDEXREAL agree that each party will notify the other party in writing of any arbitrable or small claims Dispute not less than thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to UDEXREAL shall be sent to Nanjing Udexreal Intelligence Co., Ltd Legal Department: 706, 7th Floor, juchuangxin R&D Building, Building A, No. 58, Xiangke Road, Zhangjiang Hi-Tech Park, Pudong New Area, Shanghai. Your notice must include (a) Your name, postal address, telephone number, the email address You use or used for Your UDEXREAL account or, if different or if You have no UDEXREAL account, an email address at which You can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that You are seeking. Our notice to You will be sent electronically to the email address You use or used for Your UDEXREAL account, where available, or given to any alternate contact previously provided, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If You and UDEXREAL cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either You or UDEXREAL may, as appropriate and in accordance with this Limited Warranty, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in small claims court.
Process. Except for Disputes in which either party seeks to bring an individual action in small claims court, You and UDEXREAL agree that any Dispute must be commenced or filed by You or UDEXREAL within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that You and UDEXREAL will no longer have the right to assert such claim regarding the Dispute). You and UDEXREAL agree that the arbitration shall be according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. The arbitration shall be held in King County, Washington and the state and federal courts located in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the U.S. county of Your residence if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator. As limited by the Federal Arbitration Act, this Agreement and the applicable AAA rules, the arbitrator will have the authority to grant any remedy that would otherwise be available in court, provided that the arbitrator’s award may not exceed, in form or amount, the relief that a United States District Court could order under the Limited Warranty; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Limited Warranty. Notwithstanding the AAA Rules, any decisions concerning arbitrability of a particular dispute, including but not limited to whether a class arbitration is permitted by this Limited Warranty, shall be resolved by a proper court in King County, Washington, rather than an arbitrator. Any dispute concerning the enforceability of this agreement to arbitrate, or any part thereof, shall also be resolved by a proper court in King County, Washington, rather than an arbitrator.
Rules of AAA. The rules of AAA and additional information about AAA are available on the AAA website (https://www.adr.org/Consumer). By not opting out of this agreement to arbitrate as specified below, You either (a) acknowledge and agree that You have read and understand the AAA Rules, or (b) waive Your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
Applicability of Agreement to Arbitrate. IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THE CLASS CLAIM.
RIGHT TO OPT OUT: This agreement to arbitrate disputes will apply unless You notify UDEXREAL in writing postmarked no later than 30 calendar days of purchasing the Product or Accessory that You reject the agreement to arbitrate. You must include in Your notice of opt-out (a) Your name and address; (b) the date on which You purchased the Product or Accessory; (c) the Product model name; and (d) Serial Number of the Product, or description of Accessory. These numbers may be found on the packaging and on the Product or Accessory. You must send Your written notice to Nanjing Udexreal Intelligence Co., Ltd Legal Department: 706, 7th Floor, juchuangxin R&D Building, Building A, No. 58, Xiangke Road, Zhangjiang Hi-Tech Park, Pudong New Area, Shanghai. No other form of notice will be effective to opt out of this agreement to arbitrate. If You opt out of the agreement to arbitrate, the Limited Warranty will still apply to You.
GENERAL PROVISIONS
1. Waiver of Jury Trial: IF A DISPUTE BETWEEN YOU AND UDEXREAL PROCEEDS IN COURT RATHER THAN OR IN ADDITION TO IN ARBITRATION, YOU AND UDEXREAL UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY.
2. Governing Law: The Federal Arbitration Act (the “FAA”) applies to the agreement to arbitrate. Except as preempted by FAA, the law of the State of Washington, without reference to its choice of laws principles, shall govern this Limited Warranty. Notwithstanding the foregoing, the laws of Your state of residence will apply to any tort claims and/or any claims under any consumer protection statutes.
3. Severability: Except as specifically provided above, if any provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.
This Limited Warranty is offered by Nanjing Udexreal Intelligence Co., Ltd Legal Department: 706, 7th Floor, juchuangxin R&D Building, Building A, No. 58, Xiangke Road, Zhangjiang Hi-Tech Park, Pudong New Area, Shanghai.
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