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• Exceptions to Binding Arbitration Agreement and Class Action Waiver:
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND
CLASS ACTION WAIVER, THEN: (1) you must notify Suunto in writing within sixty (60) days of the
date that you purchased the Product; (2) your written notification must be mailed to Suunto at
2030 Lincoln Ave., Ogden, UT 84401, Attn: Legal Department; and (3) your written notification
must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a
clear statement that you wish to opt out of the binding arbitration agreement and class action
waiver. In addition, you may pursue an individual claim in small claims court in your county of
residence (if in the United States) or in Weber County, Utah. In such case the provisions of the
section titled "Binding Arbitration Agreement" Class Action Waiver (U.S. Residents)" will not
apply, but the rules and limitations of the small claims court shall apply.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS
WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE. SUUNTO DISCLAIMS ALL
STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES
AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS
SUCH WARRANTIES CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME
STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SUUNTO WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA,
COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUUNTO HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM
ANY CAUSE WHATSOEVER (INCLUDING SUUNTO'S NEGLIGENCE, ALLEGED DAMAGE, OR
DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT),
SUUNTO MAY, AT ITS SOLE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR
PRODUCT, OR REFUND ITS PURCHASEPRICE. AS NOTED, SOME STATES (INCLUDING, NEW
JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
SUUNTO SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THIS LIMITED
WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED
OR REPLACED.
This warranty gives you specific legal rights, and you may also have other rights, which vary from
state to state, province to province, and country to country. This warranty applies to the greatest
extent permitted by applicable law.
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