THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Remote Speed Test is a product of Epitiro Holdings, Inc. (“Epitiro”)
WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Epitiro warrants that the Program and the Hardware (the Product) will be free of any material defects in materials and workmanship under normal use and will materially conform to the published specifications and any functional or technical specifications referenced or contained in the applicable order for a period of one year from the date of shipment to You.
If the Product fails to conform to this Limited Warranty during the Warranty Period, Epitiro will, at its sole discretion, either (a) repair or replace any defective Product or part; or (b) accept the return of the Product and refund the money paid by the original purchaser for the Product. If the Product or a part is no longer available, Epitiro may, at Epitiro’s sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty.
Epitiro will have no obligations under this Limited Warranty if non-conformance is caused by abuse, misuse, alteration, neglect or accidental damage of the Product; the unauthorized repair, modification or installation of the Product; or the use or attempted use of non-Epitiro software or hardware in combination with the Product. Replacement or repair of a Product does not extend its warranty period beyond the original warranty expiration date.
DISCLAIMER OF WARRANTIES – EXCEPT AS EXPRESSLY REPRESENTED OR WARRANTED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ALL SERVICES PERFORMED OR PROVIDED BY EPITIRO ARE PROVIDED “AS IS,” AND EPITIRO DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. EPITIRO DOES NOT WARRANT THAT THE PRODUCT OR ANY OTHER SERVICES PROVIDED BY EPITIRO WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, CUSTOMER ACCEPTS EACH ITEM OF HARDWARE “AS IS” AND “WITH ALL FAULTS” AND EPITIRO MAKES NO OTHER REPRESENTATIONS OR WARRANTY, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCT OR ANY PART THEREOF.
LIMITATION OF LIABILITIES AND DAMAGES. IN NO EVENT WILL EPITIRO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF EPITIRO TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO USE OF THE PRODUCT OR SERVICES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO EPITIRO BY YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
How to claim service under this warranty – Prior to making a claim under this Limited Warranty, you must (a) notify Epitiro of the intention to claim by visiting www.remotespeedtest.com/support during the Warranty Period and providing a description of the alleged failure, and (b) comply with Epitiro’s return shipping instructions.