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PRIVACY POLICYDISCLAIMER OF LIABILITY and USE AGREEMENTBefore the HomePort© is installed, it is recommended that the installation site be inspected by a licensed contractor. Epochal Solutions, Inc. "EPOCHAL" and its warehouse distributors and dealers shall in no way be held responsible for the product's improper use. By installing the HomePort© buyer hereby waives all liability claims. The responsibility for selecting a product suitable for any particular purpose remains solely with the buyer and NOT the SELLER. There are no liabilities which extend beyond the description on the face hereof, and by using this product, the buyer waives all remedies or liabilities expressed or implied arising by law or otherwise (including without any obligations of the seller with respect to fitness, merchantability and consequential damages) or whether or not occasioned by EPOCHAL's negligence. ALL WARRANTIES, EXPRESS OR IMPLIED, NOT RESERVED HEREIN, ARE WAIVED BY EPOCHAL. EPOCHAL assumes no liability regarding the improper use of the HomePort©. By installing and using this product, Buyer waives any claims related to damage, including personal injury, caused by the improper use of this product. Additionally, EPOCHAL assumes no liability regarding the improper installation or misapplication of the HomePort©. The installer is responsible for checking for proper installation. Should there be any questions as to installation, the manufacturer should be contacted at: Epochal Solutions, LLC BY USING THIS PRODUCT YOU ACKNOWLEDGE THAT IN NO EVENT WILL EPOCHAL BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM THE USE OF THE SOFTWARE OR FOR ANY CLAIM RELATING TO THE SOFTWARE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY THEORY OF LIABILITY, TO EXCEED THE AMOUNT OF $1.00. Some states do not allow the exclusion or limitation of consequential, special or incidental damages, so the above limitation may not apply to you. BY INSTALLING OR OTHERWISE USING THE HomePort© YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR AGREEMENT TO ABIDE BY THEM. INTELLECTUAL PROPERTY RIGHTSThe HomePort© is the intellectual property of EPOCHAL (and/or its licensors, as applicable) and is currently patented with all rights reserved. Unauthorized copying, duplicating, selling or otherwise distributing any software found on the HomePort© is a violation of applicable copyright law. United States copyright laws and international treaty provisions protect the product. By installing and using the HomePort© Use acknowledges that no title to the intellectual property in the HomePort© is transferred and further that full ownership rights to the software will remain the exclusive property of EPOCHAL and/or its licensors, as applicable. User will not acquire any rights to the software except as expressly set forth herein. LIMITED WARRANTYSubject to the warranty limitations and limitations on liability as described, EPOCHAL warrants for a period of 90 days from the date of installation that (1) the HomePort© will be free from any defects in materials and (2) the HomePort© , under normal use, will substantially perform as described in the documentation provided with the HomePort©. In the event of a breach of the foregoing limited warranty, EPOCHAL's entire liability and your exclusive remedy under this limited warranty will be, at EPOCHAL's option (a) repair of the HomePort© or (b) replacement of the HomePort© with a functionally equivalent product. THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EXTEND BEYOND THE DURATION OF THESE EXPRESS WARRANTIES. EPOCHAL DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. To make a claim under this limited warranty, please return the HomePort© with a receipt showing the date of purchase, to the place of purchase. By installing and/or using the HomePort© you acknowledge that you have read the foregoing, understand the foregoing, and that it is the complete and exclusive statement of your agreement with EPOCHAL, which supersedes and prior agreement or understanding, oral or written, between EPOCHAL and you with respect to the HomePort© . No variation of the terms of the agreement will be enforceable unless EPOCHAL gives its express consent, in writing, signed by and officer of EPOCHAL. All agreements will be governed by the laws of the State of South Carolina as they are applied to agreements to be entered into and to be performed entirely within the State of South Carolina. The provisions of the Uniform Computer Information Transactions Act will not apply. The United Nations Convention on Contracts for International Sale of Goods is specifically disclaimed. This agreement is to be given the full effect of law allowable under the laws of the State of South Carolina. A failure of any provisions to the contrary of the laws of the State of South Carolina shall not effect the applicability or enforceability of the remaining provisions under this agreement. |
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