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Subject to the exclusions contained below, Limitless Innovations, Inc. (“ChargeHub”) warrants ChargeHub Products to be free from defects in materials and workmanship under normal consumer usage for a period of one (1) year from the date of original purchase, (the “ChargeHub Limited Warranty”). ChargeHub Products (or the singular, ChargeHub Product) shall include all products manufactured and sold by ChargeHub, including but not limited to all CharegeHub SuperChargers, cables, power cables, travel adapters, Bluetooth speakers, power banks, decals, inserts and all other products that may be sold by ChargeHub now or in the future.
This ChargeHub Limited Warranty is a consumer’s sole and exclusive remedy regarding any express warranty claim by a consumer and is subject to the exclusions of the following:
Exclusions: The ChargeHub Limited Warranty shall not apply in the event of the occurrence of any of the following:
1. Normal Wear and Tear. The ChargeHub Limited Warranty shall not apply to cover the maintenance, repair and/or replacement of parts or the ChargeHub Product due to normal wear and tear by the consumer.
2. Abuse and Misuse. The ChargeHub Limited Warranty shall not cover defects or damage that result in whole or in part from: (a) improper operation, storage, misuse or abuse, accident or neglect by the consumer (including, without limitation, physical damage, cracks and scratches to the surface of the ChargeHub product; (b) contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; (c) use of the ChargeHub Product for commercial purposes; (d) subjecting the ChargeHub Product to abnormal usage or conditions; and/or (d) other acts which are not the sole and absolute fault of ChargeHub.
3. Unauthorized Service or Modification. The ChargeHub Limited Warranty shall not cover defects or damages resulting in whole or in part from service, testing, adjustment, installation, maintenance, alteration, or modification in any way by someone other than ChargeHub or its authorized service centers.
4. Altered Products. The ChargeHub Limited Warranty shall not cover defects or damages to a ChargeHub Product with (a) serial numbers or date tags have, at any time, been removed, altered, or obliterated; (b) broken seals or that show evidence or tampering; (c) mismatched board serial numbers; or (d) non- conforming or non-ChargeHub housings, or components.
5. Communication Services. Defects, damage, or the failure of ChargeHub Products or software due to any communication service or signal you may subscribe to or use with the ChargeHub Product or software.
WHO IS COVERED?
This warranty extends only to the first consumer purchaser from Limitless Innovations and is not transferable to any third party nor applicable to any subsequent owner other than the first consumer purchaser from Limitless Innovations.
WHAT WILL CHARGEHUB DO?
If Limitless Innovations, Inc. determines, in its sole and absolute discretion, that a claim is subject to the ChargeHub Limited Warranty, it will, at its sole option, repair or replace the ChargeHub Product or alternatively, it will, in its discretion, refund the purchase price of any ChargeHub Products or software. ChargeHub Product replacement will be with a functionally equivalent reconditioned / refurbished / pre-owned or new ChargeHub Product or part.
For additional information, visit us at:
www.limitlessinnovations.com/support or call us at 855-843-4828
In the event of any warranty claim under the ChargeHub Limited Warranty, you can contact the telephone number below or provide a written correspondence to the address below at which time and in response thereto, you will receive instructions on how to ship any ChargeHub Product at your expense, to a ChargeHub authorized repair center. To obtain service, you must include: (a) a copy of your receipt, bill of sale or other comparable proof of purchase; (b) a written description of the problem; (c) the name of your service provider, if applicable; and (d) your mailing address, email address and telephone number.
Mailing Address (Please call 855-843-4828 first to obtain RMA #)
4800 Metalmaster Way
McHenry, IL 60050
WHAT OTHER LIMITATIONS ARE THERE?
ANY WARRANTY CLAIM SHALL BE LIMITED TO LIMITLESS INNOVATIONS, INC.’S COST OF MATERIAL ON THE CHARGEHUB PRODUCT DETERMINED TO HAVE A MANUFACTURER’S DEFECT. IN NO EVENT SHALL LIMITLESS INNOVATIONS, INC. BE LIABLE TO ANY PARTY FOR ANY LABOR COSTS OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, WHETHER IN CONTRACT OR TORT AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY DAMAGES OF ANY KIND ARISING UNDER ANY THEORY OF LAW WHATSOEVER. THE PERFORMANCE OF THE CHARGEHUB PRODUCT DEPENDS ON THE PURCHASER’S ADHERENCE TO MANUFACTURER PRODUCT INSTRUCTIONS AND LIMITLESS INNOVATIONS, INC. WILL NOT BE RESPONSIBLE TO PURCHASER FOR ANY DEVIATIONS THEREFROM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION REGARDING INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE SHALL EXPIRE ON THE DATE WHICH IS 1 YEAR FROM THE DATE OF FIRST PURCHASE OF THE CHARGEHUB PRODUCT BY THE CONSUMER. SOME STATES DO NO ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITH RESPECT TO THAT PERIOD OF TIME BEYOND THE CHARGEHUB 1 YEAR LIMITED WARRANTY PERIOD, LIMITLESS INNOVATIONS, INC. DISCLAIMS AND FURTHER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
PLEASE NOTE THAT THIS CHARGEHUB LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NATIONAL STATUTORY RIGHTS
CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS, INCLUDING, WITHOUT LIMITATION, NATIONAL LAWS IMPLEMENTING EC DIRECTIVE 99/44. THESE RIGHTS ARE NOT AFFECTED BY THE WARRANTIES IN THIS LIMITED WARRANTY.
Your use of the product shall at all times require you to comply with all terms, conditions of use, instructions and recommendations set forth within the ChargeHub User Manual found at User Manual.
YOUR USE OF CHARGEHUB SHALL BE GOVERNED BY THIS CONSUMER RIGHTS AND ARBITRATION AGREEMENT, this (“AGREEMENT”).
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER OF THIS PRODUCT, LIMITLESS INNOVATIONS, INC., AN ILLINOIS CORPORATION (“COMPANY”), MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY AS YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT(S) PURCHASED IN CONNECTION WITH THIS AGREEMENT (“PRODUCT”) FOR MORE THAN FOURTEEN (14) DAYS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU PURCHASED THE PRODUCT DIRECT FROM COMPANY (VIA WEB OR TELEPHONE), CALL 855-843-4828 TO COORDINATE THE RETURN THE PRODUCT TO COMPANY WITHIN FOURTEEN (14) DAYS OF RECEIPT AT NO COST TO YOU. IF YOU PURCHASED THE PRODUCT ELSEWHERE, WITHIN FOURTEEN (14) OF PURCHASE YOU MUST CALL 855-843-4828 AND THEN, ALSO WITHIN THIS SAME FOURTEEN (14) DAY PERIOD, RETURN THE PRODUCT TO THE POINT OF PURCHASE. FOR ANY QUESTIONS RELATED TO THE ABOVE, PLEASE CALL 855-843-4828.
Resolution of Claims or Disputes
Any claim or dispute between you and Company arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
Limitation of Legal Remedies
All arbitrations under this Agreement shall be conducted only on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class- wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
Before commencing any arbitration proceedings under this Agreement, you must first present the claim/dispute to Company by calling 855-843-4828, providing requested contact information and allowing Company the opportunity to resolve it. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
The arbitration of claim(s)/dispute(s) under this Agreement shall be pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes (see www.adr.org for their rules and procedures).
The arbitration of any claim/dispute under this Agreement shall be in the State of Illinois or the location in which you received this Agreement.
All administrative expenses of arbitration proceedings under this Agreement shall be divided equally between you and Company, except that: (a) if the claim/dispute subject to the arbitration proceedings is less than ten thousand dollars (US$10,000), you will be responsible for no more than one hundred twenty-five dollars (US$125) in administrative expenses; (b) if the claim or dispute subject to the arbitration proceedings is more than ten thousand dollars (US$10,00O), but less than seventy-five thousand dollars (US$75,000), you will be responsible for no more than three hundred seventy-five dollars (US$375) in administrative expenses; and (c) if the claim/dispute subject to the arbitration proceedings is more than seventy-five thousand dollars (US$75,000), then you will be responsible for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law & Severability
This Agreement shall be governed by the United States Federal Arbitration Act and the laws of the state of Illinois. If any provision of this Consumer Rights and Arbitration Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void and the remainder shall remain fully enforceable.