YOUR BUDWEISER RED LIGHT WARRANTY TM IMPORTANT: BY USING YOUR BUDWEISER RED LIGHT (“RED LIGHT”), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY SET OUT HEREIN BY LABATT BREWERIES OF CANADA LP AS LICENSEE FOR BUDWEISER IN CANADA (“SELLER”). IF YOU DO NOT AGREE TO THE TERMS OF THIS LIMITED WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN 30 DAYS. THE DATA SERVICES FOR THE RED LIGHT MAY TERMINATE AT ANY TIME WITHOUT NOTICE. WHAT IS COVERED BY THIS WARRANTY? Seller, located at 207 Queens Quay West, Suite 299, Toronto, ON, M5J 1A7 warrants the Red Light (inclusive of the imp card) contained in the original packaging against defects in materials and workmanship when used normally in accordance with the Instruction Manual set out in the Red Light packaging, on the Red Light website and/or those guidelines sent out from time to time by Seller to end users (the “Guidelines”). Seller’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications. WHAT IS NOT COVERED BY THIS WARRANTY? This Limited Warranty does not apply to any non-Budweiser branded hardware products or any software, even if packaged or sold with the Red Light. Manufacturers, suppliers, or publishers other than Seller, may provide their own warranties to you – please contact them for further information. Software or online applications (“app”) distributed or promoted by Seller with or without the Budweiser brand (including, but not limited to system software) are not covered by this Limited Warranty. Please refer to the licensing agreement accompanying the software or the app for details of your rights with respect to its use. Seller does not warrant that the operation of the Red Light will be uninterrupted/error-free, or the timing for your Red Light to receive a goal signal (which will vary depending on your home wireless strength and configuration, or the length of time that data feed for the games associated with the Red Light activation will be available, and potentially other factors). Seller is not responsible for damage arising from the Red Light’s use, including failure to follow instructions or Guidelines relating to the Red Light. THE DATA SERVICES FOR THE RED LIGHT MAY TERMINATE AT ANY TIME WITHOUT NOTICE. This Limited Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the Red Light outside Seller’s Guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Seller or a Budweiser Authorized Service Provider (“BASP”); (g) to a Red Light that has been modified to alter functionality or capability; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Red Light; or (i) if any serial number (if applicable) has been removed or defaced from the Red Light. For clarity, this Limited Warranty applies to the Budweiser branded Red Light product only (inclusive of the imp card). It does not extend to any batteries included or used with the Red Light, nor any online or wireless services or software including use of the Red Light app. WHAT IS THE PERIOD OF COVERAGE? This Limited Warranty applies until June 30, 2015 (“Warranty Period”). HOW TO OBTAIN WARRANTY SERVICE Please access and review the help resources described below before seeking Warranty service. If the Red Light is still not functioning properly after making use of these resources, please contact a Seller representative using the information provided below. A Seller representative or BASP will help determine whether your Red Light requires service and, if it does, will inform you how Seller will provide it. When contacting Seller via telephone long distance charges may apply depending on your location. For all service and Warranty-related inquiries, please first contact Seller at 1-855-BUD RED1 for help and troubleshooting with the Red Light. If Seller determines that your Red Light is eligible for mail-in Warranty service, Seller will send you prepaid waybills and, if applicable, packaging material, so that you may ship your Red Light to a service location in accordance with Seller’s instructions. Once service is complete, the service location will return the Red Light to you. Seller will pay for shipping to and from your location if all instructions are followed. Seller reserves the right to change the method by which Seller may provide Warranty service to you, and your Red Light’s eligibility to receive a particular method of service. Service will be limited to the options available in the state where service is requested. Service options, parts availability and response times may vary according to state. You may be responsible for shipping and handling charges if the Red Light cannot be serviced in the state in which the Red Light is located. Service for locations outside of the United States are not available under this Limited Warranty. Please also refer to the “YOUR RESPONSIBILITIES” section below. HOW DOES STATE LAW RELATE TO THIS WARRANTY? This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. OTHER THAN AS PERMITTED BY LAW, SELLER DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT OR APPLICABLE CONSUMER PROTECTION LAW. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE. WARRANTY LIMITATIONS THE WARRANTIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE RED LIGHT AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SELLER LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT SELLER’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU. YOUR RESPONSIBILITIES Before receiving Warranty service, Seller or its agents may require that you furnish proof of purchase details, pictures, respond to questions designed to assist with diagnosing potential issues and follow Seller’s procedures for obtaining Warranty service, including sending the Red Light to a designated location for Warranty service and review. It is therefore important that you maintain your proof of purchase details. DURING WARRANTY SERVICE IT IS POSSIBLE THE CONTENTS OF THE STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. SELLER AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART SERVICED. Following Warranty service, and subject to the terms contained herein, your Red Light or a replacement device will be returned to you as configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, apps, data and WiFi settings information, if applicable. Recovery and reinstallation of other software programs, apps, data and information are not covered under this Limited Warranty. Important: Do not open the Red Light (except where indicated). Opening the Red Light may cause damage that is not covered by this Limited Warranty. Only Seller or a BASP should perform service on the Red Light. WHAT WILL SELLER DO IN THE EVENT THE WARRANTY IS BREACHED? If during the Warranty Period you submit a valid claim to Seller or a BASP, Seller will, at its option, (i) repair the Red Light using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Red Light with a device that is at least functionally equivalent to the Red Light and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the Red Light for a refund of your purchase price. LIMITATION OF LIABILITY EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER 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; BUSINESS INTERRUPTION; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; COST OF REPAIRING OR REPLACING OTHER PROPERTY WHICH WAS DAMAGED IF THIS PRODUCT DOES NOT WORK PROPERLY; 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 RED LIGHT, THE RED LIGHT APP OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE RED LIGHT PRODUCT. SELLER DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY RED LIGHT UNDER THIS LIMITED WARRANTY OR REPLACE THE RED LIGHT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE RED LIGHT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PRIVACY Seller will maintain and use customer information only in accordance with the Budweiser Customer Privacy Policy available at http://www.budredlights.com/legal/bud_privacypolicy.htm GENERAL No reseller, agent, or employee of Seller is authorized to make any modification, extension, or addition to this Limited 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. This Limited Warranty is governed by and construed under the laws of the United States of America. Seller or its successor in title is the warrantor under this Limited Warranty. ADDITIONAL INFORMATION For other information, updates, or troubleshooting please visit www.budredlights.com/faq.php Customer & Warranty Service Hotline – 1-855-BUD RED1 Hours of Operation: 12 p.m.–9 p.m. EST (subject to change without notice)
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