HUGE Play TTV, Inc. warrants the physical product sold to you, and only that Product, against defects in materials and workmanship under normal use for a period of 90 days from the date of original purchase by the original purchaser (“Warranty Period”). This Limited Warranty is the only applicable warranty to the Product. Under this Limited Warranty, if a hardware defect arises and a valid claim is received by HUGE Play TTV, Inc. within the Warranty Period, at its option and to the extent permitted by law, HUGE Play TTV, Inc. will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies.
A replacement Product or part assumes the remaining warranty of the original Warranty Period or 90 days from the date of replacement or repair, whichever is longer.
Instructions to Obtain Warranty Service
To obtain warranty service, you must first contact Customer Assistance: 1 800 638 2021 or https://gamebud.com/talkingtom/support Customer Assistance will instruct you to deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to an address specified by HUGE Play TTV, Inc. Include a complete written description of the defect and your printed name, address and telephone number. HUGE Play TTV, Inc. may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
HUGE Play TTV, Inc does not warrant that the operation of the Product will be uninterrupted or error-free. HUGE Play TTV, Inc is not responsible for damage arising from failure to follow instructions relating to the Product’s use. In addition, HUGE Play TTV, Inc. is only responsible for HUGE Play TTV, Inc. Gamebud™ - generated content.
This warranty does not apply to: (a) protective coatings designed to diminish over time unless failure has occurred due to a defect in materials or workmanship; (b) damage caused by accidents, misuse, abuse, neglect, misapplication, or fire, water, lightning or other acts of nature; incorrect electrical line voltage, fluctuations or surges; damage caused by improper installation; Product alteration or modification; improper or unauthorized repair; exterior finish or cosmetic damage; (c) damage caused by operating the Product outside the intended uses described by HUGE Play TTV, Inc in this Warranty, in the Product Manual or otherwise; or (d) defects caused by normal wear and tear or otherwise due to the normal aging of the Product.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, SHALL APPLY AFTER THE EXPRESS WARRANTY PERIOD STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON HUGEPLAY TTV, INC. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUGE PLAY TTV, INC. IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, OR ANY BREACH OF ANY WARRANTY. NOR SHALL RECOVERY OF ANY KIND AGAINST HUGE PLAY TTV, INC. BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO PURCHASER AND PURCHASER’S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT NOT CAUSED DIRECTLY BY THE GROSS NEGLIGENCE OF HUGE PLAY TTV, INC. IN NO EVENT WILL HUGE PLAY TTV, INC. OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE POSSESSION, USE OR MALFUNCTION OF THIS PRODUCT. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE, AND STATES YOUR EXCLUSIVE REMEDY.
Governing Law and Arbitration
This Limited Warranty shall be governed by the laws of the State of Rhode Island without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost-effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by HUGE Play TTV, Inc.; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Rhode Island (Providence County) and the federal courts in Rhode Island for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes.
HUGE Play TTV, Inc. always retains its rights to seek injunctive or other relief to protect its intellectual property rights in any and all courts of competent jurisdiction. Some states restrict limitations as to how long an implied warranty lasts and/or exclusions or limitations of incidental or consequential damages in consumer transactions. This Limited Warranty gives you specific rights, but you may also have other rights which vary from State to State.
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