Beartooth Warranty

Updated January 1, 2022

Limited Product Warranty
Beartooth Radio, Inc. (“Beartooth”) warrants to the original end-user purchaser (“you”) that your Beartooth device shall be free from defects in materials and workmanship under normal use for one year from the date you purchased your Beartooth Devices, or one year from the date your Beartooth Devices were shipped to you (the “Limited Warranty Period”).
Beartooth does not warrant that the operation of the Beartooth Devices will be uninterrupted or error-free; certain exclusions and limitations are listed below. Additionally, this Limited Warranty does not cover software embedded in the Beartooth Devices, Beartooth’s website or online services, or Beartooth’s smartphone applications, which are provided “as is.” Refer to the Beartooth’s End User License Agreement and Master Terms of Service for details.

EXCLUSIVE REMEDY:
If a covered defect arises with your Beartooth Devices during the Limited Warranty Period, Beartooth may, at Beartooth’s sole discretion and to the extent permitted by law, allow you to return your defective Beartooth Devices so that Beartooth can, at its sole option, (i) repair the product using either new or refurbished parts, (ii) replace the product with a new or refurbished product at least functionally equivalent to yours, or (iii) refund the purchase price of the product. Any replacement may be, at the option of Beartooth, a new or remanufactured product. All returned Beartooth Devices for which you have received a replacement will become the property of Beartooth.

HOW TO MAKE A WARRANTY CLAIM:
To make a warranty claim, write to Beartooth Warranty Support at support@beartooth.com. You must provide your name, email associated with your Beartooth account, and the serial number of your Beartooth Device to receive support.
If your Beartooth Devices are determined to be covered under warranty, Beartooth Warranty Support will provide you a Return Material Authorization ("RMA"). You will need to send your Beartooth Devices, the RMA, and proof of purchase to the address specified by Beartooth Warranty Support. Please follow all instructions regarding warranty claims provided by Beartooth Warranty Support.

DURATION:
The Limited Warranty lasts one year from the date of your purchase. If you pre-ordered your Beartooth Devices, your Limited Warranty Period is one year from the date your Beartooth Devices were shipped to you.
If Beartooth provides a replacement device under this warranty, the replacement device will be covered under the remainder of the Limited Warranty Period, if any, for the original Beartooth Device it replaced.

Exclusions and Limitations
The Limited Warranty does not apply to any products or services other than the Beartooth Devices; to consumable parts, such as batteries or materials that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; to cosmetic damage; to data or information; or to software (even if packaged or sold with the Beartooth Devices or embedded in the Beartooth Devices).
The Limited Warranty is only valid in locations where Beartooth Devices are shipped by Beartooth. The Limited Warranty is not transferrable and does not cover Beartooth Devices provided to you by any party other than Beartooth.
Beartooth is not responsible for damage arising from normal wear and tear; failure to follow instructions relating to the Beartooth Devices’ use; loss or theft; disassembly or alterations; accident, abuse, misuse, flood, fire, earthquake or other external causes; or exposure to liquids or extreme thermal or environmental conditions.
Do not disassemble or try to repair the Beartooth Devices. There are no user-serviceable parts in the Beartooth Devices. Disassembling a Beartooth Device will void its Limited Warranty.
Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEARTOOTH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE DEVICES, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of Damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BEARTOOTH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF BEARTOOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law
This Limited Warranty is governed by the laws of the State of Montana, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If any term of the Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.