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If you are a consumer subject to the Quebec
Consumer Protection Act
,
the limitations of liability contained in the immediately following paragraph
do not liberate Facebook Technologies from the consequences of its own
acts or the acts of its representatives.
FACEBOOK TECHNOLOGIES DOES NOT, UNDER THIS LIMITED WARRANTY,
ASSUME ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA,
LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST
OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS
OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPLACED
OR REPAIRED. FURTHER, IN NO EVENT SHALL FACEBOOK TECHNOLOGIES
BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF
FACEBOOK TECHNOLOGIES HAS BEEN ADVISED AS TO THE POSSIBILITY
OF SUCH DAMAGES, FOR ANY CLAIM ARISING FROM OR RELATED TO THIS
WARRANTY STATEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY
OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY.
If you are a consumer subject to the Quebec
Consumer Protection Act
,
the limitations of liability contained in the immediately following paragraph
do not liberate Facebook Technologies from the consequences of its own
acts or the acts of its representatives.
IN NO EVENT SHALL FACEBOOK TECHNOLOGIES’S LIABILITY FOR ANY
CLAIM ARISING OUT OF OR RELATED TO THIS WARRANTY STATEMENT
EXCEED THE PRICE PAID BY YOU FOR PURCHASE OF THE PRODUCT,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER
CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY.
Some states and countries do not allow the exclusion or limitation of incidental
or consequential damages, so limitations or exclusions in this Warranty may
not apply to you.
If you are a consumer subject to the Quebec
Consumer Protection Act
,
the immediately following governing law provision does not apply to you.
What Laws Govern This Warranty? The laws of the State of California, USA,
govern this Warranty. The courts in Canada may not apply the law of California
to some types of disputes. When that is the case and applicable, the laws of
Canada will apply to such disputes related to this Warranty.
If we are unable to verify your proof of purchase in advance, and you send
us a Product without a valid proof of purchase, then we reserve the right to
return the Product to you at your cost, subject to prepayment, or, if such
costs are not prepaid, we will keep the Product for thirty (30) days for your
pick-up before it is disposed of.
What Does This Warranty Not Cover? This Warranty is limited and not
applicable to: (i) normal wear and tear; (ii) damage caused by misuse,
accident (e.g., accidental physical impact, exposure to liquid, food or other
contaminants, etc.), neglect, abuse, improper or unauthorized repair or other
modification, tampering, or use with unsuitable equipment, devices, software,
services or other unauthorized third-party item(s); (iii) use not in accordance
with the Product documentation; (iv) commercial use; (v) use in connection
with a trade, business or profession; (vi) used or resold products; (vii) Products
purchased from sources other than Facebook Technologies or an Facebook
Technologies authorized retailer (including non-authorized online auctions),
(viii) non-Facebook Technologies Products, (ix) use of the Product in violation
of any laws, regulations or ordinances in effect where the Product is used; or
(x) features or performance parameters pertaining to any software or services
beyond the Warranted Functionality of the Product.
This Warranty does not include any specific guarantees that the product will be
error-free, or regarding uptime or continued availability, data security features
of software or online accounts, or that any software, firmware or online sites will
function uninterrupted or error-free. This limited warranty is void if a Product
is returned with removed, damaged or tampered labels or any alterations
(including the unauthorized removal of any component or external cover).
This Warranty does not cover data loss; it is your responsibility to back up your
data, electronically or physically, on a regular basis if you wish to retain your
data. Any damages or costs related to data recovery, removal, and installation
are not recoverable under this Warranty.
If you are a consumer subject to the QCPA, the exclusion of warranties
contained in the immediately following paragraph do not limit your rights
and remedies under the Quebec
Consumer Protection Act
, including the
right to make a claim under any of the statutory warranties provided under
sections 34 to 54 of such statute.
In this Warranty, Facebook Technologies does not extend any implied or
statutory warranties, conditions or representations regarding the Product or
any connected software or online services.
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