The customer assumes all risks and liabilities associated with the use or misuse of this product. In no event shall SpotOn be liable for any direct, indirect, punitive, incidental, or consequential damages or any damages arising out of or connected with the use or misuse of this product where the product includes the hardware and software to include but not limited to embedded software, smartphone applications, and website.
SPOTON’s SOLE LIABILITY FOR ANY DEFECTIVE PRODUCT IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF PRODUCT PURSUANT TO THIS WARRANTY. SPOTON RESERVES THE RIGHT TO REPLACE ANY REPAIRABLE PRODUCT OR PARTS WITH NEW OR REFURBISHED PARTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTON OR ITS SUPPLIERS/LICENSORS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT AVAILABLE THROUGH THE SERVICE, EVEN IF SPOTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE ENTIRE LIABILITY OF SPOTON AND ITS SUPPLIERS/LICENSORS TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO, AND SHALL NOT EXCEED, THE AGGREGATE AMOUNT ACTUALLY PAID BY USER FOR ACCESS TO AND USE OF THE PRODUCT AND SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO A CAUSE OF ACTION AGAINST SPOTON.
THE SPOTON GPS FENCE™ HAS BEEN DESIGNED WITH THE MOST ADVANCED, RELIABLE COMPONENTS AND BEST PRACTICES KNOWN. NO COLLAR, OR FOR THAT MATTER NO FENCE, PHYSICAL OR VIRTUAL, CAN COMPLETELY PREVENT A DOG FROM ESCAPING A CONTAINMENT AREA OR PREVENT PERSONS FROM ENTERING A CONTAINMENT AREA AND TAKING A DOG, AND SPOTON IS NOT RESPONSIBLE FOR SUCH OCCURRENCES OCCURRING. SPOTON’S PRODUCT IS NOT A REPLACEMENT FOR (I) COMMON SENSE OR INDIVIDUAL RESPONSIBILITY; (II) FOR A PET OWNER’S TRAINING OF HIS/HER PET OR AN OWNER’S DILIGENCE TO CONTAIN A PET WITHIN A DESIRED AREA.
SPOTON’S PRODUCTS ARE NOT A SOLID BARRIER AND WILL NOT WORK, AS INTENDED, WITHOUT PROPER TRAINING. FURTHER, SPOTON’S PRODUCTS ARE NOT FOR USE WITH VICIOUS ANIMALS OR GUARD DOGS. IF YOU BELIEVE YOUR DOG MAY POSE A THREAT TO OTHERS, DO NOT USE THIS SYSTEM. SPOTON IS NOT RESPONSIBLE FOR HARM, INJURY, OR DEATH OF THE DOG FOR ANY REASON TO INCLUDE BUT NOT BE LIMITED TO EXCESSIVE ELECTRONIC STIMULATION, INJURY OR DEATH WHILE IN A CONTAINMENT AREA, INJURY OR DEATH OUTSIDE A CONTAINMENT AREA, FAILURE TO LOCATE DOG, THEFT OF THE DOG, OR ANIMAL ABUSE.
Governing Law This Limited Warranty & Limitation of Liability shall be governed by the laws of the State of New Hampshire and by the laws of the United States.