NAVIEN warrants that for a period of two (2) years from the date of purchase, the product shall be free from defects in material and workmanship. If the date of purchase cannot be identified, the warranty period starts from six (6) months after the date of manufacture. Product warranty registration at www.navienmate.com is required to validate the warranty. The warranty shall not apply unless all requested information has been provided through the warranty registration process. At our option, we will repair or replace the product or any component of the product found to be defective during the warranty period. Replacement will be made with a new or remanufactured product or component. If the product is no longer available, replacement may be made with a similar product of equal or greater value.

The warranty is valid for the original purchaser and is not transferrable. Keep the original sales receipt as proof of purchase will be required to obtain warranty performance.  This warranty does not cover normal wear of parts.

Navien’s Limited Warranty shall be void in the event of an occurrence of any of the following:

• damages caused by accidental, negligent or misuse of the product
• use on improper voltage or current
• use contrary to operating instructions
• disassembly, repair or alteration by anyone other than NAVIEN or its authorized repair representative
• where the product or part has been modified to alter functionality or capability
• acts of god, such as fire, flood, hurricanes and tornadoes
• damage caused by failing to properly store the product
• exposure of the product to extreme heat or cold
• exposure of the product to liquids, smoke or other damaging substances

OTHER THAN THE LIMITED PRODUCT WARRANTY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY RESPECTING THE PRODUCT OR ANY PARTS OR COMPONENTS THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONTRACT, TORT OR UNDER ANY OTHER THEORY AGAINST NAVIEN RESPECTING THE PRODUCT OR ACTIONS ARISING OUT OF THIS AGREEMENT SHALL BE NO MORE THAN THE TOTAL AMOUNT RECEIVED BY NAVIEN FROM BUYER AND NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES) SHALL BE AVAILABLE TO BUYER. SELLER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY WITH RESPECT TO THE PRODUCT OR ITS SALE, OPERATION AND USE, AND NAVIEN NEITHER ASSUMES NOR AUTHORIZES THE ASSUMPTION OF, ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT.

Limitation of Liability

In no case shall NAVIEN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products purchased from us, or for any other claim related in any way to your use of the products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content, products, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Force Majeure.

 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Indemnification

 

You agree to indemnify, defend and hold harmless NAVIEN and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. To the extent permitted under applicable laws, you hereby release the Indemnified Parties, as defined herein from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.

 

Severability

 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products (or any part thereof).

 

Entire Agreement

 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Materials, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Jurisdiction

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

Notices

 

Any notice required to be given under this Agreement shall be in writing and shall be delivered or sent by first class certified or registered mail, return receipt requested, e-mail, or by any traceable delivery express courier service. Notice shall be deemed received on the date delivered. Notices to Navien shall be delivered to the following address and/or e-mail:

Navien, Inc.

20 Goodyear Irvine,

CA 92618

Tel: (877) 689-1541

Fax: (949) 420-0268