Product Warranty

  1. Introduction. This Product Warranty (this “Warranty”) is excerpted from, and subject to, all terms contained in Breakaway Anchor LLC’s Terms of Use (the “Terms”) published at [https://breakawayanchor.com]. This Product Warranty is included here solely for your convenience. Nothing in this Operator Manual is intended to, or does, supersede the Terms. By using any Breakaway Anchor Product, you acknowledge that you have read, understand, and agree with the Terms. If you do not wish to be bound by the Terms and this Warranty, do not use the Breakaway Anchor (the “Product”).
  2. Warranties.
    1. Use Website and Breakaway Anchor Products At Your Own Risk. YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. NEITHER BREAKAWAY ANCHOR NOR ANY PERSON ASSOCIATED WITH BREAKAWAY ANCHOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCT OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS.
    2. Express Limited Warranty Relating to Breakaway Anchor Product. We warrant that for one year following your purchase of a Breakaway Anchor, it will be free from defects in materials and workmanship. This Express Limited Warranty does not cover damage due to (a) transportation; (b) storage; (c) improper use; (d) failure to follow the Operator Manual or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
    3. Additional Disclaimer. BREAKAWAY ANCHOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND NOT SPECIFICALLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    4. Limitation of Liability.
      1. IN NO EVENT WILL BREAKAWAY ANCHOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE ANY BREAKAWAY ANCHOR PRODUCT, AND ANY DAMAGE CAUSED BY YOUR USE OF OR INABILITY TO USE ANY BREAKAWAY ANCHOR PRODUCT OTHER THAN A CLAIM FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 2.2, ABOVE, IN WHICH CASE YOUR EXCLUSIVE REMEDY IS A REPLACEMENT PRODUCT. BY USING A BREAKAWAY ANCHOR PRODUCT, YOU HEREBY ACKNOWLEDGE THAT BREAKAWAY ANCHOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL LIABILITY TO YOU BY BREAKAWAY ANCHOR, ITS AFFILIATES, ITS MEMBERS, ITS MANAGERS, ITS EMPLOYEES, AND ITS CONTRACTORS, FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO BREAKAWAY ANCHOR FOR A BREAKAWAY ANCHOR PRODUCT.
  3. Miscellaneous.
    1. No waiver of any breach of any provision of the Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed a extension of the time for performance of any other obligations or acts.
    2. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
    3. The Terms are governed by the laws of the State of Michigan and any disputes arising out of these Terms shall be litigated in a court of competent jurisdiction sitting in Kent County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules.
    4. The Terms from which this Warranty is excerpted are the entire and exclusive agreement between Breakaway Anchor and you regarding the Product, and the Terms supersede and replace any prior agreements between Breakaway Anchor and you regarding the Product.