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Description of the Device and Services.
The “Device” means the Vinli branded OBD-II data device which provides the Services. The “Services” include:
(i) Vinli’s mobile applications (the “Vinli Apps”), including their associated media, online, electronic and printed documentation, and updates and upgrades that replace or supplement the Vinli Apps (that are not distributed under different terms);
(ii) third party applications provided via the Vinli app store,
(iii) any software embedded in the Device; and (iv) all other services, information, data, reports, images, text, sounds, video and other content made available through (i) and (iii).
IN ORDER FOR YOU TO USE THE SERVICES (INCLUDING EMERGENCY CONTACT SERVICES AND CRASH NOTIFICATION),
(I) THE DEVICE MUST BE PROPERLY INSTALLED IN A COMPATIBLE VEHICLE,
(II) THE MOBILE DEVICE ON WHICH THE SERVICES ARE INSTALLED MUST BE INSIDE OF YOUR VEHICLE, AND
(III) YOUR MOBILE DEVICE MUST BE CONNECTED TO PROPER NETWORK AND DATA SERVICE.
Limited Device Warranty.
This limited warranty extends from Vinli to you if you were the original purchaser of the Device. Devices provided by Vinli are warranted to be free from defects in materials or workmanship under normal use in a compatible vehicle
(i) for new Devices, for one year from the date of original purchase, and
(ii) for repaired, replaced or refurbished Devices, (A) 90 days after the date the repaired, replaced or refurbished device is shipped by Vinli to you, or (B) the remainder of the one year period for new devices, whichever period is longer (as applicable, the “Warranty Period”). Within the Warranty Period, Vinli will – at its sole option and as its sole liability and as your exclusive remedy – (1) repair the Device with new or refurbished parts, or (2) replace the Device with a reasonably available equivalent new or refurbished Device. Vinli’s repair or replacement of the Device will be at no charge to you for parts or labor; however, you are responsible for paying the shipping and handling costs to return the Device to Vinli. All replaced Devices and parts become the property of Vinli upon Vinli’s receipt.
This limited warranty extends only to Devices purchased from Vinli or a Vinli-authorized reseller. This limited warranty does not apply to:
(i) damage that is immaterial or merely cosmetic, such as nicks, scratches, or inconsistencies in color and texture,
(ii) damage caused by unusual physical or electrical stress, negligence, accident, abuse, misuse, water damage, flood, fire, defects in your vehicle, or other natural disasters or external causes,
(iii) damaged caused by service or repair by someone who is not authorized by Vinli to repair or service Devices,
(iv) damage caused by unauthorized alteration or modification the Device,
(v) Devices that have not been installed, operated or maintained in accordance with the documentation and instructions supplied by Vinli and the Terms and Conditions available at vin.li/terms-conditions,
(vi) Devices provided for beta-testing, evaluation, demonstration or development purposes and for which Vinli did not charge a fee, or
(vii) Devices used or obtained in violation of applicable law.
Submitting a Warranty Claim.To submit a Device warranty claim, contact email@example.com or write to us at Vinli, 2203 Commerce St., Dallas, Texas 75201 USA, Attention: Customer Service, and we will provide further instructions on how to submit your warranty claim. You will be responsible for following any instructions provided. Defective Devices covered by the limited warranty described above will be repaired or replaced and returned to you without charge. However, Vinli will not ship replacement Devices to any country or territory other than the country or territory in which the original was purchased. Vinli will notify you if any repairs or replacements are not covered by the limited warranty, and you may choose to have Vinli repair or replace the Device at Vinli’s then-current service rates, or return your Device to you at your cost.
WARRANTY DISCLAIMER.EXCEPT FOR THE DEVICE LIMITED WARRANTY PROVIDED ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DEVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VINLI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVICE AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VINLI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVICE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEVICE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VINLI OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
Third-Party Transactions.Through your use of the Device and Services, you may be able to undertake transactions with third parties, including but not limited to insurance agents, mechanics, emergency service providers, and other vendors. You understand and acknowledge that all transactions relating to any services or products offered by a third party are solely between you and the third party vendor. VINLI MAKES NO WARRANTY REGARDING TRANSACTIONS ENTERED INTO BETWEEN YOU AND A THIRD PARTY IN CONNECTION WITH THE DEVICE OR SERVICES, AND YOU UNDERSTAND AND AGREE THAT ALL SUCH THIRD PARTY TRANSACTIONS ARE ENTIRELY AT YOUR OWN RISK. Any warranty regarding any products or services made available to you from a third party is provided – if at all – by that third party and not by Vinli.
ADDITIONAL DISCLAIMER. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE DEVICE AND SERVICES MAY NOT BE ABLE TO DETECT EVERY CRASH OR SUCCESSFULLY NOTIFY EMERGENCY RESPONSE SERVICES OF A CRASH. VINLI IS NOT LIABLE FOR
(A) YOUR ACTION OR INACTION USING THE DEVICE OR SERVICES,
(B) YOUR OPERATION OF, OR FAILURE TO PROPERLY OPERATE, YOUR VEHICLE,
(C) THE ACTION OR INACTION OF ANY EMERGENCY SERVICE PROVIDERS OR OTHER THIRD PARTIES THAT THE SERVICES ARE INTENDED TO NOTIFY IN THE EVENT OF AN EMERGENCY, OR
(D) THE INABILITY OF THE DEVICE OR SERVICES TO NOTIFY EMERGENCY SERVICE PROVIDERS OR OTHER THIRD PARTIES. VINLI DOES NOT WARRANT THAT YOUR USE OF THE DEVICE AND SERVICES WILL RESULT IN ANY SAVINGS OR EFFICIENCIES IN THE OPERATION OF YOUR VEHICLE OR THAT THE DETECTION OF MECHANICAL OR TECHNICAL ERRORS IN YOUR VEHICLE WILL BE ACCURATE OR ERROR-FREE. THE DEVICE AND SERVICES ARE NOT INTENDED TO REPLACE THE ADVICE, GUIDANCE OR DIAGNOSIS OF LICENSED MECHANICS OR PROPER VEHICLE MAINTENANCE. YOU ARE SOLELY RESPONSIBLE FOR THE OPERATION OF YOUR VEHICLE – INCLUDING WHILE USING THE DEVICE AND SERVICES. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusions and limitations provided in this Section and in Section 4 above may not apply to you.