Slacker, Inc. (Slacker) warrants that the hardware product herein (“Product”) is free of material defects in materials and workmanship that may result in Product failure during normal usage. Slacker’s warranty obligations for this Product are limited to the terms set forth below:
Slacker warrants this hardware product against defects in materials and workmanship under normal use from the date of purchase by the original end-user purchaser (“Warranty Period”). The limited warranty is not transferable or assignable to any subsequent purchaser.
Product Duration of Warranty Services
Slacker branded radio player (new) – 1 year
Slacker branded radio player (“refurbished”, “reconditioned”, or “factory renewed”) – 90 days
Slacker Branded Merchandise and Apparel – 30 Days
Accessories – 90 Days
To make a valid claim of hardware defect, the original end-user purchaser must provide proof of purchase of the Product by a dated itemized receipt.
The limited warranty is only applicable in the territory of the United States.
If a hardware defect arises and a valid claim is received by Slacker within the Warranty Period, at its option and to the extent permitted by law, Slacker will either:
Repair the product at no charge, using new or refurbished replacement parts,
Exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or
Refund the purchase price of the product.
Slacker may request that you replace defective parts with new or refurbished user-installable parts that Slacker 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 Slacker, assumes the remaining warranty of the original product or ninety (90) 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 Slacker’s property. Parts provided by Slacker 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 Slacker and becomes Slacker’s property.
For Products that are capable of storing data: Slacker is not responsible or liable for any data stored on the Product that is lost, deleted, or is otherwise inaccessible. All data will be deleted from the Product during repairs.
Exclusions and Limitations:
The Limited Warranty applies only to the hardware product manufactured by or for Slacker that can be identified by the “Slacker” trademark, trade name, or logo affixed to it.
The Limited Warranty does not apply to any non-Slacker hardware product or any software, even if packaged or sold with the Slacker hardware. Manufacturers, suppliers, or publishers, other than Slacker, may provide their own warranties to the end user purchaser, but Slacker, in so far as permitted by law, provides their products “as is”.
Software distributed by Slacker with or without the Slacker brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
Slacker does not warrant that the operation of the product will be uninterrupted or error-free. Slacker is not responsible for damage arising from failure to follow instructions relating to the product’s use.
This warranty does not apply:
To damage caused by use with non-Slacker products;
To damage caused by normal wear and tear, accident, abuse, misuse, flood, fire, earthquake or other external causes;
To damage caused by operating the product outside the permitted or intended uses described by Slacker;
To a product or part that has been modified to alter functionality or capability without the written permission of Slacker; or
If any Slacker serial number has been removed or defaced.
Slacker’s limit of liability under the limited warranty is the actual cash value of the Product at the time end user returns the Product for repair (e.g., the purchase price of the Product less a reasonable amount for usage). Slacker will not be liable for any other losses or damages. These remedies are exclusive remedies for breach of warranty. Any action or lawsuit for breach of warranty must be commenced within eighteen (18) month following the purchase of the Product.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY 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. AS PERMITTED BY APPLICABLE LAW, SLACKER SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SLACKER 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 THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY SLACKER IN ITS SOLE DISCRETION. No Slacker reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SLACKER IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; 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 HOWSOEVER 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 SLACKER PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. 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. SLACKER DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.
This warranty gives specific legal rights. You may also have other rights, which vary from state to state and country to country. Some states and countries do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.