The Fortress screen protection products are fully guaranteed against defects in materials or workmanship. Subject to a two hundred dollar ($200.00) limit of liability during the term (1 year from date of purchase) of the limited warranty, if the Fortress screen protection product is properly installed and your device experiences screen breakage, Fortress will pay you up to two hundred dollars ($200.00) towards the repair or replacement of the devices screen only. This limited warranty does not cover screen breakage or material damage to the screen resulting from catastrophic damage that renders the device inoperable, including but not limited to liquid damage and destruction of the device. This limited warranty does not cover product damage that may have resulted from normal wear and tear or misuse/abuse of the product. This limited warranty does not cover damage to your device if the Fortress screen protection product is not properly installed on your device. Fortress will not be liable for any indirect or incidental damages arising from the use of this product.
- The Program is only available to the specific Eligible Device that you registered during the Registration Process. By submitting a Claim under the Program, you are representing and warranting to Fortress that the Protector was used in accordance with the Instructions that are applicable to the Fortress Liquid Glass Protector. Violation of the foregoing (such as for example, submitting a Service Request when you have modified the Fortress Liquid Glass Protector, improperly used the Fortress Liquid Glass Protector or used the Fortress Liquid Glass Protector outside the specified limits) may constitute fraud, and, in addition to voiding your right to participate in the Program, may subject you to legal action from Fortress.
- Fortress reserves the right to modify the processes, procedures, parameters, or other terms of the Program, or terminate the Program entirely, at any time, without prior notice to you. If Fortress terminates the Program, it may, at its sole option: (i) continue to honor valid Registrations that are made within the applicable Registration Period prior to the effective date of termination of the Program; or (ii) provide you with reasonable compensation (as determined by Fortress in its sole discretion).
- Warranty Disclaimers Fortress SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD, THEN THE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF CELLHELMET AND ANY OF ITS SERVICE CENTER, DISTRIBUTORS AND/ORSUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS THAT ARE SUBJECT TO THE PROGRAM PLUS THE AMOUNT OF ANY SERVICE FEE YOU PAID IN CONNECTION WITH THE PROGRAM. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- ARBITRATION: Read The Following Arbitration Provision Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action. By registering under this Fortress Limited Warranty, you specifically agree to this arbitration provision. To begin arbitration, either you or Fortress must make a written demand to the other party for arbitration for the applicable claim (“Arbitration Claim”). The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the Arbitration Claim is filed. You may get a copy of these AAA’s Rules by visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared equally between you and Fortress. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless you and Fortress agree, the arbitration will take place in a location agreeable to all parties. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on arbitration. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider your Arbitration Claim. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your Arbitration Claim. THE DEGREE TO WHICH ARBITRATION CAN BE USED AS A DISPUTE RESOLUTION PROCESS FOR CONSUMER CLAIMS VARIES FROM STATE TO STATE, SO THIS ARBITRATION PROVISION MAY NOT APPLY TO YOU, DEPENDING ON YOUR STATE OF RESIDENCE. In the event this arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and Fortress specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and Fortress, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
LEGAL RIGHTS NOTICE: THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE FORTRESS SCREEN PROTECTION PRODUCT. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. FORTRESS HERESHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORTRESS DOES NOT AUTHORIZE ANY PERSON, ENTITY OR FACILITY TO CREATE FOR IT ANY OTHER WARRANTY OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ADDITION, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.