THREE THIRDS WARRANTY
Fivepointthree Inc. (“THREE THIRDS”) warranty obligations for the Three Thirds product you have just purchased (the “Product”) are limited to the terms set forth in this document. Three Thirds warrants the Product against defects in materials and workmanship for a period one (1) year from the date of original purchase (“Warranty Period”). If defect arises and a valid claim is received by Three Thirds within the Warranty Period, at its option, Three Thirds will repair the Product or exchange the Product with a functionally equivalent new product. Three Thirds warrants repaired Products and replacement products provided hereunder against defects in materials and workmanship from the date of the repair or replacement for ninety (90) days or, if longer, for the remainder of the Warranty Period. If the Product is exchanged, the replacement product becomes your property and the product becomes Three Thirds property. When a refund is given, the Product becomes Three Thirds property.
Exclusions and Limitations
Three Thirds's limited warranty applies only to the Product. The warranty does not apply to any non- Three Thirds product, even if packaged or sold with the Product. The warranty excludes without limitation any scratching or surface damage to any non- Three Thirds product, even if packaged or sold with the Product. This warranty applies only to the normal use of the Product, normal wear and tear excepted, in accordance with written use instructions, if any, provided with the Product (either in writing or through a hyperlink to such instructions). This warranty does not apply to damage caused by accident, abuse, misuse, or modification of the Product.
No Other Warranties
To the maximum extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied. Three Thirds specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Three Thirds cannot lawfully disclaim or exclude implied warranties under applicable law, then to the extent possible any claims under such implied warranties shall expire on expiration of the warranty period. No Three Thirds reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
To the maximum extent permitted by law, Three Thirds is not responsible for direct, or for special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including without limitation any costs of replacing personal property, or costs of recovering or reproducing any program or data stored in a device used with or carried in the Three Thirds product.
For consumers who have the benefit of consumer protection laws or regulations in their country of purchase or, if different, their country of residence, that cannot be disclaimed as set forth above ("consumer laws"), the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer laws. To the extent that liability under such consumer laws may be limited, Three Thirds 's liability is limited, at its sole option, to replacement or repair of the product.
Obtaining Warranty Service
If you wish to make a claim under this warranty with respect to the Product, please submit a claim to our head office:
Three Thirds Head Office
3511 Kennedy Road Unit (B), Scarborough, Ontario, Canada M1V 4Y3