Limited Warranty On Caerus Therapeutic Back Brace

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE  AT WWW.CAERUSTHERAPEUTICS.COM/WARRANTY OR IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.  WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,  SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.

– WHO MAY USE THIS WARRANTY?  
Caerus Therapeutics, Inc. located in Cape Coral, Florida (“we”) extends this limited warranty only to the consumer who originally purchased the product (“you”). It does not extend to any subsequent owner or other transferee of the product. 

– WHAT DOES THIS WARRANTY COVER? 
This limited warranty covers defects in materials and  workmanship of the Caerus Therapeutic Back Brace (the “product”) and any associated accessories (e.g., bands, straps, etc.) you purchase from us (the “accessories”) for the  Warranty Periods defined below.

– WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover any damage to the Caerus Therapeutic Back Brace due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond
our reasonable control.  

– WHAT IS THE PERIOD OF COVERAGE?
This limited warranty on the product and the accessories start on the date of your purchase and last for: (a) for the product, one year; and (b) for the accessories, 60 days (each of these periods is the “Warranty Period” for the items described). Warranty Periods are not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. 

– WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective product during a Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product. 

– HOW DO YOU OBTAIN WARRANTY SERVICE? To obtain warranty service, you must email our Customer Service Department at [email protected] during the Warranty Period to obtain a Defective Merchandise Authorization (“DMA”) number. No warranty service will be provided without a DMA number. We will provide instructions for proceeding with warranty services in our response to you.

LIMITATION OF LIABILITY THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR 
ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES
EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY
CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES,
WHETHER DIRECT OR INDIRECT. 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. WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT OR ACCESSORIES EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, INCLUDING ANY (A) WARRANTY OF MERCHANT ABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE  OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.