Warranty

mimo.fit Corporation (hereinafter the “mimo.fit”) warrants to the original retail purchaser (“Purchaser”) that the mimo.fit exercise physical rehabilitation system (“Mimo System”) shall be free from defects in materials and workmanship under normal use for one (1) year from the date of purchase by the Purchaser (“Warranty Period”).  Subject to the requirements below, mimo.fit will, at its sole discretion, repair or replace any Mimo System, or part thereof, which does not meet the foregoing warranty during the applicable Warranty Period.  mimo.fit’s election to repair or replace will be based on the nature of the defect and the availability of replacement parts. Repair or replacement under this warranty, as the case may be, shall be in accordance with the terms and conditions below using new or reconditioned parts, which are functionally equivalent to new in performance and reliability.  The replacement product or part will be covered by this warranty for the balance of time remaining on the original Warranty Period applicable to the Mimo System in question. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. 

EXCEPT FOR THE ABOVEMENTIONED LIMITED WARRANTY, THE MIMO SYSTEM IS PROVIDED ON AN “AS IS” BASIS AND MIMO.FIT DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WITH RESPECT TO THE MIMO SYSTEM, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  If such a disclaimer is not permitted by law, the duration of any implied warranty is limited to the Warranty Period.

Notwithstanding anything else to the contrary herein, mimo.fit is not responsible for, and this warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts unless product damage has occurred due to a defect in materials and workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by any third parties which are not authorized service provider of mimo.fit; (v) damage to a product that has been modified or altered without the written permission of mimo.fit; (vi) damage to a product due to combination of the product with equipment or software not authorized by mimo.fit; (vii) any product which had its serial number or any other identification markings removed, modified or rendered illegible; (viii) normal wear and tear; or (ix) any product not used in accordance with the instructions for use.  This warranty is governed by the laws of the State of California. Any dispute arising out of or relating to this warranty shall be submitted to binding arbitration in San Jose, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to  JAMS’ Commercial Arbitration Rules or the JAMS rules then in effect. By agreeing to arbitrate, Purchaser waives any right to a jury trial. Notwithstanding any of the foregoing or any other provision of this warranty, class arbitration is not permitted under any circumstance, meaning mimo.fit and the Purchaser may bring claims against the other only in their individual capacities. This warranty contains the entire understanding between mimo.fit and the Purchaser and supersedes any prior understandings and agreements respecting the subject matter of this warranty. If any provision, or part thereof, of this warranty is held invalid, the remainder of this warranty shall not be affected thereby.

To obtain warranty service, contact mimo.fit product support team at: info@mimo.fit for further instructions.  To qualify for any repair or replacement under this warranty, the Purchaser must notify mimo.fit during the applicable Warranty Period that the Mimo System does not meet this warranty and such notice must be in writing and made within fifteen (15) days of the Mimo System’s initial failure to meet the warranty.  Please be prepared to provide mimo.fit with the applicable purchase information (including the unit serial number and proof of purchase) for verification. mimo.fit’s technical support team may be reached by phone at (415) 568-8145 or by email at support@mimo.fit. mimo.fit will determine if the Mimo System failure is covered by the applicable Warranty, in its sole discretion.

TO THE EXTENT PERMITTED BY LAW, THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY BASED ON YOUR JURISDICTION.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IN NO CASE SHALL MIMO.FIT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE MIMO.FIT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MIMO.FIT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MIMO.FIT, EVEN IF ADVISED OF THEIR POSSIBILITY.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE MIMO SYSTEM IS PROVIDED FOR PERSONAL USE ONLY AND DOES NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH-RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. THE MIMO SYSTEM IS REGISTERED AS A CLASS I MEDICAL DEVICE BUT HAS NOT BEEN REVIEWED OR CLEARED BY THE US FDA, AND IS NOT CE-MARKED AS A MEDICAL DEVICE.

Terms of Use available at: https://mimo.fit/terms-of-use are fully incorporated herein reference.