Subject to the exclusions contained below, Hoehn & Brown Technology, LLC DBA KidGPS, a Tennessee limited liability company (“KidGPS”) warrants its KidGPS GPS Beacon device (“Device”), and/or certified accessories sold for use with the Device (“Accessories”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new Devices and/or new Accessories purchased by consumers in the United States or Canada.
This warranty is extended to the original end-user purchaser, beginning at the time of retail purchase. This limited warranty is the sole and exclusive remedy, offered in lieu of all other warranties, expressed or implied. KidGPS will not be liable for any indirect, incidental, or punitive damages arising from use of this product.
All Devices and Accessories shall be covered under this warranty for a period of one (1) year from the date of purchase regardless of when the Device or Accessory is actually received.
The following are excluded from coverage under this warranty.
Normal Wear and Tear - Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.
Damage to any non-KidGPS product used in connection with this product.
Scratching or surface damage to any KidGPS or non-KidGPS product.
Ornamental Decorations - Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage.
Abuse & Misuse - Defects or damage that result from:
- improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse;
- contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food, or other acts of nature;
- subjecting the Product or Accessory to abnormal usage or conditions;
- other acts which are not the fault of KidGPS, are excluded from coverage;
- Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than KidGPS, or its authorized service centers, are excluded from coverage;
- Altered Products. Products or Accessories with serial numbers or date tags that have been removed, altered or obliterated;
- broken seals or that show evidence of tampering;
- mismatched board serial numbers; or
- nonconforming or non-KidGPS housings, antennas, or parts, are excluded from coverage.
Transferability. This warranty extends only to the first consumer purchaser, and is not transferable.
To make a Warranty Claim please see the Warranty Section available on our website.
KidGPS, at its option, will at no charge repair or replace any Product, Accessory or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products, Accessories or parts.
ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY, OTHERWISE THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL KIDGPS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another. Laws in the United States and other countries preserve for KidGPS certain exclusive rights for copyrighted KidGPS software such as the exclusive rights to reproduce and distribute copies of the KidGPS software. KidGPS software may only be copied into, used in, and redistributed with, the Products associated with such KidGPS software. No other use, including without limitation disassembly of such KidGPS software or exercise of the exclusive rights reserved for KidGPS, is permitted.
Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE IN THE WARRANTY SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
WE DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH OUR DEVICE AND/OR SERVICE, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
Making a Warranty Claim
You can begin a warranty claim by contacting our Customer Service Team.
KidGPS will, at its discretion, ship a replacement to you postage paid. All returns and warranty claims must be acknowledged and approved by KidGPS before sending the product to us. KidGPS reserves the right to send you a replacement product that is the same or of a similar style, or a substitute equivalent that may not be of like kind. Replacement products are warranted as above for the remainder of the original applicable Product warranty period. If the product is exchanged, the replacement product becomes your property and the product becomes KidGPS's property.
KidGPS is not liable for Products that are damaged or lost in transit to KidGPS if shipped other than with our prepaid return label.