ONE-YEAR LIMITED WARRANTY
PogoCam is covered by a one (1) year limited warranty (the “Warranty”), backed up by complimentary technical online and phone support. This Warranty does not cover PogoTrack Sunglasses.
Who Is this Warranty From? PogoTec, Inc.
Who Is this Warranty To? PogoTec issues this Warranty to you, as a consumer who has purchased a new, covered product from us or from an authorized retailer. The Warranty cannot be assigned or transferred to any subsequent purchaser or user and is not available for products that were purchased from any source other than PogoTec or an authorized retailer.
What Does this Warranty Do? This Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country. This Warranty does not affect any non-waivable and/or non-disclaimable rights you have under the laws in your jurisdiction concerning the sale of consumer goods (including, without limitation, national laws implementing EC Directive 1999/44/EC).
What Does it Cover? This Warranty covers faulty materials or workmanship in the hardware that comprises your PogoCam. We warrant that the hardware, if used under normal conditions and as intended, will be free from manufacturing defects and function substantially in accordance with our technical specifications or product documentation (“Warranted Functionality”) during the Warranty Period. This Warranty does not cover PogoTrack Sunglasses.
How Long Does Warranty Coverage Last? This limited Warranty continues for one (1) year from the date of original purchase of your PogoCam (the “Warranty Period”). However, if you purchased your PogoCam in the European Union, the Warranty Period is two (2) years.
What Will We Do? If your PogoCam is defective or malfunctioning, we will replace or repair it, using new or refurbished materials, so that the PogoCam performs in a manner that is consistent with the Warranted Functionality. We may replace or repair at our sole discretion. If we replace your PogoCam, we warrant that the replacement PogoCam will be free of faulty materials or workmanship for a period of one (1) year from the original date of purchase of the defective unit or sixty (60) days after you receive the replacement unit, whichever is later.
How to Obtain Warranty Service? First, tell us about the problem. Please visit us at PogoTec.com in the Customer Support area (http://support.pogotec.com) to find the contact information for our Customer Service Team. If your PogoCam needs to be repaired or replaced, you’ll need to return it to us. See the section below entitled “WARRANTY REPAIR & REPLACEMENT SERVICE INSTRUCTIONS” for instructions on how to return the PogoCam. Once we receive the PogoCam with all components and packaging, we’ll determine if it has a defect or malfunction covered by this Warranty. If so, we’ll repair or replace it to provide the Warranted Functionality, and we’ll ship the repaired or replacement product to you at our cost. We can’t guarantee that we’ll be able to repair your PogoCam without risk to or loss of video content, and we won’t transfer any content from a returned unit to a replacement unit. You should therefore remove and separately store any such content before returning your PogoCam.
What Doesn’t This Warranty Cover? Our Warranty does not cover loss or damage resulting from accident, or from normal wear and tear. Our Warranty does not cover loss or damage resulting from improper storage, misuse or abuse, neglect (including but not limited to scratches, cracks, or surface damage), or exposure to extreme conditions including, but not limited to, extreme heat, dirt, sand, or water submersion. “Misuse” includes without limitation use in a manner or environment that does not comport with the recommendations contained in this document, our online user manual, or related documentation.
Our Warranty does not cover normal depletion of consumable parts such as batteries, unless occurring due to a defect in original materials or workmanship. As an example, only batteries that exhibit fully charged capacity below 80% of the actual rated capacity, or that leak, during the Warranty period will be considered defective for purposes of the Warranty. Our Warranty does not cover products that have been physically or electronically altered, modified, or undergone unauthorized repairs of any kind (i.e., those repairs not performed or authorized by us), or exhibit third-party software changes. Our Warranty does not cover software or firmware embedded in or distributed with the PogoCam, and we do not warrant that such software or firmware will operate without error, that it will be compatible with any third-party hardware or software, or that content captured or distributed through your PogoCam will not be lost or corrupted. This Warranty also does not cover PogoTrack Sunglasses.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT ASSUME ANY LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS OF USE DURING THE PERIOD THE PRODUCT IS BEING REPLACED OR REPAIRED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE EVENT OF A PRODUCT REPLACEMENT, WE ARE NOT LIABLE FOR ANY ASSOCIATED DATA LOSS OR CONSEQUENTIAL DAMAGES OF ANY KIND.
FURTHER, IN NO EVENT WILL WE BE LIABLE FOR ANY ACCIDENT, INJURY, DEATH, LOSS, JUDGMENT OR OTHER CLAIM RELATED TO OR RESULTING FROM THE USE OF THIS PRODUCT. WE SPECIFICALLY ADVISE YOU AGAINST USING THE POGOCAM IN A MANNER INCONSISTENT WITH THE AGREEMENT, OUR ONLINE USER MANUAL, AND OTHER ACCOMPANYING DOCUMENTATION. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES IN EXCESS OF THE PRODUCT PURCHASE PRICE.
Some states and countries may place limitations on or not allow the exclusion or limitation of incidental or consequential damages, so limitations or exclusions in this Warranty may not apply to you. The disclaimers and limitations of liability above are exclusive except to the extent such disclaimers and limitations of liability cannot be disclaimed under applicable law, including without limitation applicable product liability and consumer protection statutes. If any term herein is held to be illegal or unenforceable under applicable law, such term shall be severed from this warranty and to the extent legally permitted, the remaining terms shall not be affected.
NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER OF WARRANTY AND LIABILITY SHALL NOT APPLY TO DISCLAIM ANY WARRANTY OR LIABILITY THAT ARISES AS A RESULT OF OUR OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW, INCLUDING ANY VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 et seq. AND THE NEW JERSEY CONSUMER FRAUD ACT, N.J.S.A. 56:8-1 ET SEQ.
WARRANTY REPAIR & REPLACEMENT SERVICE INSTRUCTIONS
Please follow the instructions below if your PogoCam is under warranty and has a covered manufacturing defect:
- Click on the “Customer Care” section of our PogoTec.com website at support.pogotec.com to initiate the warranty exchange process.
- Our Customer Services Team will instruct you if a return is approved. You must package your PogoCam according to our return shipment guidelines. You must return PogoCam and smart case back to us for a warranty replacement.
- Upon receipt of the returned merchandise which includes all original components and packaging we will contact you by email to advise if your warranty exchange has been approved. We will provide you with a tracking number once your replacement product is ready to ship. PogoTec will only pay for shipping to an address in the U.S. (excluding Puerto Rico,Guam, Northern Mariana Islands, United States Virgin Islands and American Samoa).
POGOCAM NOT ELIGIBLE FOR REFUND OR WARRANTY
If you bought your product directly from PogoTec, you’re not satisfied with your purchase after thirty (30) days or more, and your item does not fall under our Warranty, we don’t typically support returns or exchanges, but please still get in touch with us. We want to hear what happened, as we strive to make sure that your PogoTec customer experience is always of the highest caliber.
OTHER APPLICABLE PROVISIONS IN THE TERMS OF SALE CONTROL, INCLUDING ARBITRATION PROVISION AND CLASS ACTION WAIVER
In the event of any conflict between these provisions and the provisions in the Terms of Sale, the provisions in the Terms of Sale will control. The Terms of Sale contain several provisions applicable to this Warranty including important waivers of rights such as, where applicable, a waiver of a right to trial by jury and an agreement that any dispute between you and PogoTec will be resolved only through arbitration of individual claims and not as a class action or class-wide arbitration. See Terms of Sale for a complete understanding of these and other provisions.
TIME LIMIT TO BRING A CLAIM
Notwithstanding any other provision in this Warranty, to the extent permitted by applicable law, you and we agree that any claim or cause of action arising from this transaction, the use of the product, or the use of PogoTec’s website must be brought within one (1) year after the cause of action accrues and, if not, the claim will be permanently barred.