This limited warranty is provided by CipherTV Corporation (“CipherTV”) to the customer (“Customer”) who purchases the digital set-top bar from CipherTV or one of its authorized retailers (any such box, the “Digital Bar”; any such retailer, a “Retailer”). The Digital Bar purchased by Customer may be new or refurbished. This warranty is subject to updates and governed by the latest terms and conditions as posted on the CipherTV website at www.ciphertv.com.
Limited Warranty. Subject to the limitations below, CipherTV warrants to Customer that the Digital Bar shall be free from defects in workmanship and materials, under normal use, for one (1) year from the date of purchase. CipherTV’s sole obligation under this warranty shall be, at CipherTV’s option and expense, to replace or repair the Digital Bar. CipherTV warrants any replaced or repaired Digital Bar through the end of the original one (1) year warranty period. The replacement Digital Bar provided to Customer may be new or refurbished. Proof of purchase is required to replace or repair the Digital Bar. Consumable parts like AAA batteries have no warranty. Neither this warranty nor any of the rights hereunder are transferable by Customer. For more information regarding the limited warranty visit CipherTV website (www.ciphertv.com).
Warranty Service. Before returning the Digital Bar to CipherTV for warranty service within the warranty period, Customer shall visit the CipherTV website (www.ciphertv.com) for common troubleshooting tips and attempt to diagnose and correct the malfunction or other defect. If website or CipherTV Tech Support is unable to help, customer may obtain a RMA (Return Merchandise Authorization) number to return the CipherTV Bar for repair or replacement.
Non-Warranty Service. If Customer requires service to a CipherTV Bar that is not covered by this warranty, Customer shall visit the CipherTV website (www.ciphertv.com) to be directed to arrange for repair of the device by an authorized repair facility.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIPHERTV ALSO EXCLUDES FOR ITSELF, ITS AUTHORIZED RETAILERS AND ITS SUPPLIERS, ANY LIABILITY IN CONNECTION WITH THE DIGITAL BAR, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR ANY LOSS OF A FINANCIAL NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS, EVEN IF CIPHERTV, ITS AUTHORIZED RETAILERS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIPHERTV LIMITS ITS LIABILITY HEREUNDER TO REPLACEMENT OR REPAIR OF THE DIGITAL BAR, AT CIPHERTV’S SOLE OPTION.
Warranties Exclusive. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. CIPHERTV SHALL NOT BE LIABLE UNDER THIS WARRANTY IF THE ALLEGED DEFECT OR MALFUNCTION OF THE DIGITAL BAR DOES NOT EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR, OR MODIFY THE DIGITAL BAR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS, SURGES OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD. THIS WARRANTY DOES NOT COVER PHYSICAL DAMAGE TO THE SURFACE OF THE DIGITAL BAR. THIS WARRANTY DOES NOT APPLY WHEN THE MALFUNCTION RESULTS FROM THE USE OF THE DIGITAL BAR IN CONJUNCTION WITH ACCESSORIES, OTHER PRODUCTS, OR ANCILLARY OR PERIPHIRAL EQUIPMENT AND CIPHERTV DETERMINES THAT THERE IS NO FAULT WITH THE PRODUCT ITSELF.
Arbitration. To the extent permitted by applicable law, any arbitration will be performed by CipherTV management acting commercially reasonable and in good faith in a jurisdiction local to and approved by CipherTV. As applies to this limited warranty, the arbitration process to a fuller extent, or any modification hereof, will be available on the CipherTV website (www.ciphertv.com).
Governing Law. This limited warranty is governed exclusively by the laws of the province of British Columbia in Canada.
Extended Warranty. Any extended warranty programs and information can be found on the CipherTV website (www.ciphertv.com).