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Customer Agreement

Satisfaction Guarantee:

If you ("Purchaser") are not satisfied with RubyTM ("Product") for any reason, you may return to uThere, LLC ("uThere") within 30 days of purchase for a full refund. uThere will issue a refund to you within 14 days of its receipt of your complete Ruby package, including all modules, in reasonably good condition. Refund is limited to actual amount you paid for product, not including shipping or other fees. You will bear all cost and responsibility for ensuring that the product is delivered in good condition to uThere.

Damage Limits:

UTHERE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE PRODUCT, WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY. Further, in no event shall the liability of uThere exceed the individual price of the Product on which liability is asserted. As uThere has no control over use, setup, final assembly, maintenance, modification or misuse, no liability shall be assumed nor accepted for any resulting damage or injury. By the act of use, setup or assembly, the user accepts all resulting liability.

If you as the Purchaser or user are not prepared to accept the liability associated with the use of this Product, you are advised to return this Product immediately in new and unused condition to uThere.

Safety Precautions:

Ruby is a sophisticated Product and not a toy. It must be operated with caution and common sense. This Product is not intended for use by children without direct adult supervision. The Product documentation, including but not limited to http://products/ruby/warnings.html, contains instructions for safety, operation and maintenance. It is essential to read and follow all the instructions and warnings in the manual, prior to assembly, setup or use, in order to operate correctly and avoid damage or injury. Failure to properly install, maintain, or operate this Product in a safe and responsible manner could result in injury or damage to the Product or other property.

Limited Warranty:

uThere warranties that the Products purchased (the “Product”) will be free from defects in materials and workmanship at the date of purchase by the Purchaser.

REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER.

UTHERE MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ABOUT NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT. THE PURCHASER ACKNOWLEDGES THAT THEY ALONE HAVE DETERMINED THAT THE PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF THE PURCHASER’S INTENDED USE.

uThere's sole obligation hereunder shall be that uThere will, at its option, (i) repair or (ii) replace, any Product determined by uThere to be defective. In the event of a defect, these are the Purchaser’s exclusive remedies. uThere reserves the right to inspect any and all equipment involved in a warranty claim. Repair or replacement decisions are at the sole discretion of uThere.

This warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, or modification of or to any part of the Product. This warranty does not cover damage due to improper installation, operation, maintenance, or attempted repair by anyone other than uThere.

Return of any goods by Purchaser must be approved in writing by uThere before shipment.

Questions, Assistance:

For questions or assistance, please direct your email to support@uthere.com or call (800) 545-4114 to speak to a service technician.

Repairs:

If this Product needs to be inspected or repaired, please call for a Return Merchandise Authorization (RMA). Pack the Product securely using a shipping carton. Ship via a carrier that provides tracking and insurance for lost or damaged parcels, as uThere is not responsible for merchandise until it arrives and is accepted at our facility. Be sure your name, address, and RMA number are clearly written on the outside of the shipping carton. Provided warranty conditions have been met, your Product will be repaired or replaced free of charge. Repair or replacement decisions are at the sole discretion of uThere.

Non-Warranty Repairs:

Should your repair not be covered by warranty , non-warranty repairs will be billed a minimum of ½ hour of labor. An estimate of repair cost will be provided to Purchaser by uThere. Repairs will not be commenced until confirmation of estimate is received. Purchaser will bear shipping cost to and from uThere. Any repair left unpaid or unclaimed after 90 days will be considered abandoned and will be disposed of accordingly.

Law:

These Terms are governed by Massachusetts law (without regard to conflict of law principals).

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