PTV 350 Product Warning and Warranty

IMPORTANT PRODUCT INFORMATION

Safety and Compliance Information
  
DO NOT USE YOUR PRODUCT OR THE FLO TV™ SERVICE OR VIEW THE PRODUCT SCREEN WHILE DRIVING A VEHICLE OR OPERATING MACHINERY.  USE YOUR PRODUCT AND THE FLO TV SERVICE ONLY WHEN YOU CAN SAFELY FOCUS ON WATCHING THE SCREEN. 

Software License Agreement

Use of this product is subject to the FLO TV Incorporated End User License Agreement (EULA) located at www.flotv.com/legal or www.flotv.com/legal/ptv350-eula.


STANDARD LIMITED WARRANTY INFORMATION

FLO TV Incorporated (“FLO TV”) ONE (1) YEAR Limited Product Warranty (the “Limited Product Warranty”)

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH YOUR STATE’S APPLICABLE  LAW.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER STATE LAW. 

FLO TV’s warranty obligations for this hardware product are limited to the terms set forth below:  FLO TV warrants that this hardware product, if not modified and when used properly and in accordance with the product documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the product for a period of ONE (1) YEAR from the earlier of: the date of (i) retail purchase by the original end-user purchaser (as evidenced by proof of purchase), or (ii) first use of the product (“Warranty Period”).  Whether a defect occurs will be determined solely with reference to the published product documentation.  If a hardware defect arises and a valid claim is received by FLO TV within the Warranty Period, FLO TV will, at its sole and exclusive option and to the extent permitted by law, either (1) repair the product at no charge, using new parts or reconditioned parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product (but not the purchase price of the FLO TV service(s) included with the product), provided that you return the Product to FLO TV as provided below.  FLO TV may request that you replace defective parts with new or refurbished user-installable parts that FLO TV provides in fulfillment of its warranty obligation.  A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by FLO TV, assumes the remaining warranty of the original product or one hundred and twenty (120) days from the date of replacement or repair, whichever provides longer coverage for you.  When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes FLO TV’s property.  Parts provided by FLO TV in fulfillment of its warranty obligation must be used in products for which warranty service is claimed.  When a refund is given, the product for which the refund is provided must be returned to FLO TV and becomes FLO TV’s property.  If a defect arises and a valid claim is first received by FLO TV after the one hundred and twenty (120) days of the Warranty Period, a shipping-and-handling charge may apply to any repair or exchange of the product undertaken by FLO TV.

EXCLUSION AND LIMITATIONS

This Limited Warranty applies only to the hardware product manufactured by or for FLO TV that can be identified by the “FLO TV” trademark, trade name, or logo annexed to it.  The Limited Warranty does not apply to any non-FLO TV hardware product or any software, even if packaged or sold with the FLO TV hardware.  Manufacturers, suppliers, or publishers other than FLO TV may provide their own warranties, but FLO TV, to the extent permitted by law, provides its products “AS IS”.  Software distributed by FLO TV with or without the FLO TV brand name (including, but not limited to system software) is not covered under this Limited Warranty.  Refer to the EULA at www.flotv.com/legal or www.flotv.com/legal/ptv350-eula or other licensing agreement accompanying the software for details of your rights and obligations with respect to the use of such software.  FLO TV does not warrant that the operation of the product will be uninterrupted or error-free.  FLO TV is not responsible for damage arising from any failure to follow instructions relating to the product’s use.  Transfer or resale of the hardware product will automatically terminate warranty coverage with respect to such product.  This Limited Warranty is not transferable to any third party, including but not limited to any subsequent purchaser, owner or user of the product.

This Limited Warranty does not apply: (a) if damage or defects are caused by customer abuse, accident, neglect, improper handling, utilization or installation, or by failing to operate the device in compliance with the user manual, quick start guide or other user guides; (b) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship; (c) if damage or defects are caused by the battery being tampered with to cause a short-circuit, or if the seals of the battery enclosure or the cells are broken or show evidence of tampering; (d) if damage or defects are caused by a defective function of the FLO TV network or if the product software needs to be upgraded due to changes in FLO TV network parameters; (e) to cosmetic damage, including but not limited to scratches, dents, broken plastic on parts or any physical damage to the surface of the product including but not limited to cracks or marks on the LCD screen; (f) if damage or defects are caused by rough handling, exposure to moisture, dampness or other physical moisture damage or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of FLO TV; (g) if damage or defects are caused by the product being used with or connected to an accessory not approved or certified by FLO TV; (h) if damage or defects are caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (i) if damage or defects are caused by operating the product outside of the permitted or intended uses described by FLO TV; (j) if damage or defects are caused by service (including upgrades and expansions) performed by anyone who is not a representative of FLO TV or a FLO TV authorized retailer or service provider; (k) if a product or part has been modified to alter functionality or capability without the written permission of FLO TV; (l) if any FLO TV serial number has been removed or defaced, (m) to a recalled product, part or component, if a replacement product, part or component was made available by FLO TV, (n) to freight costs to ship product to the repair depot; or (o) to commercial use of the product.

Important:  Do not open the hardware product itself.  Opening the hardware product may cause damage that is not covered by this Limited Warranty.  Only FLO TV or a FLO TV authorized service provider should perform service on this hardware product.

DISCLAIMER OF ALL OTHER WARRANTIES

TO THE EXTENT PERMITTED BY LAW, THESE LIMITED WARRANTIES AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, FOR ANY PRODUCT, SOFTWARE OR SERVICE.  AS PERMITTED BY APPLICABLE LAW, FLO TV, IT’S MANUFACTURER, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.  IF FLO TV, IT’S MANUFACTURER, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY FLO TV IN ITS SOLE DISCRETION.  No FLO TV reseller, agent, partner, affiliate or employee is authorized to make any modification, extension, or addition to these Limited Warranties.  If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. 

LIMITATION OF LIABILITY

FLO TV, IT’S MANUFACTURER, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, ARE NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY FLO TV PURSUANT TO THIS AGREEMENT, THE BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO INCONVENIENCE, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE FLO TV PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.  FLO TV’S CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION, OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE PURCHASE PRICE FOR THE HARDWARE PRODUCT.  YOU HEREBY RELEASE FLO TV, IT’S MANUFACTURER, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.  FLO TV IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT.  THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.  FLO TV, IT’S MANUFACTURER, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, DISCLAIM ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.  ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES.  THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those states.  However, the parties intend for this Limitations of Liability provision to apply to the maximum extent allowed under applicable law. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this Limited Warranty.

OBTAINING WARRANTY SERVICE

Please access and review the online help resources referred to in the documentation accompanying this hardware product before seeking warranty service.  If the product is still not functioning properly after making use of these resources, access the online website www.flotv.com for instructions on how to obtain warranty service.  You must follow FLO TV’s warranty process.  FLO TV may provide warranty service (i) at a FLO TV authorized retailer or service provider location, where service is performed at the location, or the FLO TV authorized retailer or service provider may send the product to a FLO TV repair service location for service, (ii) by sending you prepaid way bills (and if you no longer have the original packaging, FLO TV may send you packaging material) to enable you to ship the product to FLO TV’s repair service location for service, or (iii) by sending you new or refurbished customer-installable replacement product or parts to enable you to service or exchange your own product (“DIY Service”).  Upon receipt of the replacement product or part, the original product or part becomes the property of FLO TV and you agree to follow instructions, including, if required, arranging the return of original product or part to FLO TV in a timely manner.  When providing DIY Service requiring the return of the original product or part, FLO TV may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs.  If you follow instructions, FLO TV will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs.  If you fail to return the replacement product or part as instructed, FLO TV will charge the credit card for the authorized amount.  Service options are subject to change at any time.  In accordance with applicable law, FLO TV will require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.  Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.

FLO TV’s policy regarding maintenance and use of customer information is set forth in the FLO TV Privacy Policy accessible at www.flotv.com/legal/privacy-statement.

If your product is capable of storing software programs, data and other information, you should make periodic backup copies of the information contained on the product’s hard drive or other storage media to protect the contents and as a precaution against possible operational failures.  Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the contents, and disable any security passwords.  IT IS POSSIBLE THAT THE CONTENTS OF YOUR DRIVE WILL BE LOST OR REFORMATTED IN THE COURSE OF WARRANTY SERVICE, AND FLO TV AND ITS PARTNERS, AGENTS, REPRESENTATIVES AND AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE MEDIA OR ANY PART OF THE PRODUCT SERVICED.  Your product will be returned to you configured as originally purchased, subject to applicable updates.  You will be responsible for reinstalling all other software programs, data and passwords.  Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.