excessive weights.
4.6 Modifications to mechanical parts, modification of electronic parts, or modifications to software embedded in the Product.
4.7 Service, repair, and maintenance by unauthorized providers.
4.8 Cosmetic damages.
4.9 Use of the Product with third party product, component, or accessory.
4.10 The normal deterioration of wear and tear parts.
4.11 Use of the Product with overdue wear and tear parts.
5. LIABILITY DISCLAIMER AND LIMITATION
5.1 SEGWAY PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR
LIABILITY IN CONNECTION WITH THE PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED
WARRANTY.
5.2 SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT
PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY
DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS,
ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS
DISALLOWED BY APPLICABLE LAW.
5.3 IN NO EVENT, SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY
AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE
PRODUCT, USE OF THE PRODUCT, BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDS THE
DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE
DISCRETION. IN NO EVENT SHALL BE SEGWAY PARTIES AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR
RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR
MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT
SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS
AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN
AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY
OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO
TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME
COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE
EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
5.4 To the extent permitted by applicable law, SEGWAY PARTIES and SEGWAY DEALERS hereby DISCLAIM any liability and thereby
shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of
or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any
authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the
distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and
warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any
consumer, and/or end-user. and SEGWAY PARTIES shall not be responsible for any other warranties and/or representations
that may be given and/or provided by another person unless SEGWAY PARTIES have in a written form explicitly authorized such
additional warranty and/or representation to be given to consumer or end-user.
6. Claims, Dispute Resolution and Arbitration
THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), AND SEGWAY
DISCOVERY B.V., ITS AFFILIATES, SEGWAY PARTIES AND SEGWAY DEALERS. THE CLAUSES CONTAINED HEREIN MAY AFFECT
YOUR RIGHTS, AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT
WITHIN 30 CALENDAR DAYS OF THE FIRST CONSUMER PURCHASE BY EMAILING OPTOUT@SEGWAY.COM AND PROVIDING THE
APPLICABLE INFORMATION. FOR MORE DETAILS, PLEASE SEE SECTION 6.2.
6.1 Binding Arbitration
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