Exo One (1) Year Limited Warranty

Westhill Innovation, LLC, a Delaware limited liability company, its subsidiaries, affiliates and assigns, d/b/a Exo (“Exo”) offers a One (1) Year Limited Warranty (“Exo Warranty”) on Exo’s multiport docking station(s) (“Exo Docking Station”) and Exo power card(s) (“Exo Power Card”). The Exo Docking Station and Exo Power Card, and any replacement Exo Power Cards are referred to individually and collectively as the “Exo Product”.

IMPORTANT: BY USING THE EXO PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW THE TERMS OF THE EXO WARRANTY; THAT YOU ARE FULLY FAMILIAR WITH THE TERMS OF THE EXO WARRANTY; AND THAT YOU ACCEPT THE TERMS AND CONDITIONS OF AND AGREE TO BE BOUND BY THE EXO WARRANTY, INCLUDING ALL LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. DO NOT PURCHASE OR USE THE EXO PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE EXO WARRANTY AS FULLY SET FORTH HEREIN.

General:

No Exo reseller, agent, or employee is authorized to make any modifications, extensions or additions to the Exo Warranty. If any term of the Exo Warranty is determined to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Exo or its successor in title is the warrantor under the Exo Warranty.

Terms and Conditions of Use:

The Exo Warranty is a part of and incorporated into Exo’s Terms and Conditions of Use (“Exo Terms”). The Exo Terms can be viewed on the Exo website (“Exo Site”) at www.exosmartspark.com.

Covered by the Exo Warranty:

Exo warrants the Exo Product against defects in material and workmanship when the Exo Product is purchased directly from Exo or an authorized seller of the Exo Product, and when the Exo Product is used in accordance with the Exo Start-Up Guide & User Manual (“Exo Manual”). The Exo Manual can be located on the Exo Site at www.exosmartspark.com. The Exo Warranty extends only to the original purchaser and is for a period of ONE (1) YEAR from the date of the original purchase (“Warranty Period”). Any Exo Product returned under warranty must be received by us prior to expiration of the Warranty Period. Nothing in the Exo Manual or in any other document shall be construed to create a warranty of any kind with respect to the Exo Product, and the full terms of the Exo Warranty are herein contained.

Not Covered Under the Exo Warranty:

The Exo Warranty is conditioned upon proper use of the Exo Product in accordance with the Exo Manual, and does not cover the following:

• Exo Product failure, any defect or malfunction that is due to accident, fire, vandalism, acts of God, earthquake, user misuse, abuse, or other external cause, or neglect or failure to follow the operating instructions set forth in the Exo Manual;

• Exo Product failure, any defect or malfunction related to use with improper or faulty equipment or that is due to use with a third-party component or product;

• Exo Product failure, any defect or malfunction due to exposure to rain or any other liquid, sand or dirt, excessive cold, excessive heat, excessive humidity, corrosive environments, other contaminants or unusual physical, electrical or other electromagnetic stress;

• Exo Product failure, any defect or malfunction caused by improper storage of the Exo Product or failure to install, operate and maintain the Exo Product according to the guidelines set forth in the Exo Manual;

• Exo Power Card charging tips, including any charging tips that are broken, bent or otherwise damaged;

• Exo Product that is dented, damaged, broken, or altered in any way;

• Any accessories of the Exo Product;

• Lost or stolen Exo Product;

• Exo Product that has expired the Warranty Period;

• Free Exo Product, including Exo Product received as a gift or product samples;

• Exo Product modified or repaired by a buyer, user or other third party;

• Exo Product with cosmetic defects only that do not interfere with functionality;

• Exo Product not purchased from an authorized Exo dealer;

• Exo Product damaged during shipment. In your product arrives damaged, you must follow the shipping carrier’s policy, save the product in its original packaging, and coordinate a carrier inspection of the damaged product.

The Exo Warranty does not apply: (a) to consumable parts, such as the Exo Power Card battery or protective coatings on the Exo Product, including template logos, custom logos or any custom artwork, which naturally diminish over time, unless failure has occurred due to a defect in materials or workmanship; or (b) to cosmetic damage, including but not limited to scratches and dents, unless failure has occurred due to a defect in materials or workmanship. In all events, the Exo Warranty is conditioned upon proper use of the Exo Product and will not cover the Exo Product in the event of user misuse or abuse, or under the circumstances of any of the exclusions from coverage described in this Exo Warranty. The Exo Warranty also will not cover the Exo Power Card if it has been charged by any source other than the Exo Docking Station or if any seals are damaged or show evidence of tampering.

The Exo Warranty does not warrant that the operation of the Exo Product will be uninterrupted or error free, is limited to the original buyer, and is not transferable to any subsequent owner or user. Exo has sole discretion over deciding if a claim is covered under the Exo Warranty and whether an Exo Product covered under warranty will be repaired or replaced. Warranty repairs and replacements do not extend the original Warranty Period. Exo is not responsible for shipping costs associated with warranty returns. If the returned Exo Product has no identifiable defect, Exo reserves the right to charge for return delivery.

The Exo Warranty is valid only in the United States.

Process:

Please review the Exo Manual and access the FAQs located on the Exo Site at www.exosmartspark.com before seeking warranty service. If the Exo Product still is not functioning properly, please complete the “Return Merchandise Submittal Form”, which can be located on the Exo Site at www.exosmartspark.com, and follow the instructions provided. Please be advised of the following procedures for initiating a warranty return:

• Customer must provide valid proof of purchase;

• Customer must complete the Return Merchandise Submittal Form (“RMS”) for each Exo Product returned;

• Customer must, BY GROUND SHIPPING ONLY, ship for repair or replacement the Exo Product(s);

• Defective or malfunctioning Exo Products will be replaced with products displaying Exo Logos only. Warranty claims for custom logos or custom artwork will be provided on replacement products for an additional charge.

Valid proof of purchase consists an Order number. The Order number details must correspond with the RMS information relating to buyer name, product purchased, and date of purchase.  

Following receipt of the returned Exo Product and the RMS for that product, Exo shall evaluate the returned Exo Product according to the description of the problem listed in the RMS. After evaluation, Exo shall determine whether the claimed defect is covered under the Exo Warranty. If the claim is covered, Exo shall determine whether the returned product will be repaired or replaced. In the event that the returned Exo Product cannot be repaired, Exo will replace it with the same product. If the same product no longer is available, Exo will replace the returned Exo Product with an alternative product comparable in specifications to the original product ordered.

When any component of the Exo Product, either the Exo Docking Station or Exo Power card, is replaced, any replacement product becomes your property and the replaced product becomes Exo’s property.

CAUTION: THE EXO POWER CARD IS A LITHIUM-ION BATTERY SUBJECT TO VARIOUS SHIPPING REGULATIONS. THE EXO POWER CARD CANNOT BE SHIPPED OR MAILED BY AIR AND MUST BE GROUND SHIPPED OR MAILED ONLY (AND CERTAIN PACKAGE LABELLING IS REQUIRED). FOR FURTHER INFORMATION, PLEASE CONTACT YOUR SHIPPING AGENT.

Warranty Exclusions and Limitations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXO WARRANTY AND THE REMEDIES SET FORTH IN THE EXO WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. BUYER ACCEPTS THE EXO PRODUCT ON AN “AS IS” AND "WITH ALL FAULTS” BASIS, AND, EXCEPT AS SET FORTH IN THE EXO WARRANTY, EXO EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM VIRUS AND ANY WARRANTIES FOR HIDDEN OR LATENT DEFECTS. EXO DOES NOT WARRANT THAT YOUR USE OF THE EXO PRODUCT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND EXO SPECIFICALLY DISCLAIMS SUCH WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, EXO LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE WARRANTY PERIOD AND TO REPAIR OR REPLACEMENT ONLY. YOU SPECIFICALLY AGREE THAT EXO SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF THE EXO PRODUCT OR BREACH OF WARRANTY OF ANY TYPE ON ANY EXO PRODUCT, OR UNDER ANY LEGAL THEORY, AND THAT IN NO EVENT WILL EXO’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT EXO CHARGED YOU FOR THE INITIAL TRANSACTION, LESS SHIPPING AND TAXES, AND THAT YOUR EXCLUSIVE REMEDY IS A REPLACEMENT OF EQUAL OR LESSER VALUE OF THE SAME TYPE OF PRODUCT. IN ADDITION TO AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS, THE LIMITED WARRANTY DOES NOT, UNDER ANY CIRCUMSTANCES, COVER THE REPLACEMENT OR COST OF ANY ELECTRONIC DEVICE OR PERSONAL PROPERTY OTHER THAN THE EXO PRODUCT. IN NO EVENT WILL EXO BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS SET FORTH IN THE EXO WARRANTY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Return Merchandise Submittal Form (RMS)