(1) One year limited warranty. In all cases a Return Authorization Number (RA#) must be issued by Stages Cycling before any product is returned for warranty inspection and service.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, STAGES CYCLING DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS THAT MAY AFFECT CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. STAGES CYCLING DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, STAGES CYCLING LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT STAGES CYCLING’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. IN NO EVENT WILL THE VALUE OF THE WARRANTY PROVIDED EXCEED THE ORIGINAL PURCHASE PRICE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Stages Cycling warrants the Stages Cycling-branded hardware product and accessories contained in the original packaging (“Stages Cycling Product”) against defects in materials and workmanship when used normally in accordance with Stages Cycling’s published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser (“Warranty Period”). This warranty only applies to the original owner and is not transferable.
WHAT IS NOT COVERED BY THIS WARRANTY?
This warranty applies to Stages Cycling branded products including but not limited to crank arms when packaged or sold with Stages Cycling hardware. Manufacturers, suppliers, or publishers, other than Stages Cycling, may provide their own warranties to you but Stages Cycling, in so far as permitted by law, provides their products “AS IS”. Stages Cycling does not warrant that the operation of the Stages Cycling Product will be uninterrupted or error-free. Stages Cycling is not responsible for damage arising from failure to follow instructions relating to the Stages Cycling Product’s use. Stages Cycling’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches and dents; (c) to damage caused by use with another product; (d) to damage caused by accident, impact, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Stages Cycling Product outside Stages Cycling’s published guidelines; (f) to damage caused by service, modifications or alterations performed by anyone other than Stages Cycling or an authorized Stages Cycling Service Provider (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Stages Cycling Product, or (i) if any serial number has been removed or defaced from the Stages Cycling Product.
Stages Cycling may restrict warranty service to the country where Stages Cycling or its Authorized Distributors originally sold the Stages Cycling Product.
Software License Agreement:
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE SOFTWARE EMBEDDED IN THE DEVICE. BY USING THE DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS, AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE DEVICE.
Stages Cycling, LLC and its subsidiaries (“Stages”) grants you a non-transferable, non-exclusive limited right and license to access, execute, display, perform and use the software embedded in the device in executable form (the “Software”), solely for your personal, non-commercial use in accordance with the intended operation of the device and all related device documentation provided by Stages (“Documentation”). The foregoing license shall apply to all programmatic or functional improvements and updates to the Software, whether upgrades, new versions, modifications, customizations, error handling, bug fixes or other improvements to the Software (collectively, “Updates”) prompted by Stages from time to time or initiated by you in conformance with normal operation of the device and all Documentation. The Software may include software, data metrics, algorithms, formulas, trademarks and other intellectual property licensed by a third party to Stages for use as part of the Software (“Third Party IP”). Stages grants you a non-transferable, non-exclusive limited sublicense to execute, display, perform and use, in accordance with the license granted above and the other use and confidentiality restrictions set forth in this Software License Agreement, the Third Party IP. The foregoing sublicense is subject to the following additional condition: the Third Party IP will be used only in conjunction with any permissible use of the Software specifically authorized in this Software License Agreement.
The Software, Documentation, object code and source code for the Software, visual expressions, screen formats, report formats and other design features of the Software, all ideas, methods, algorithms, formulas and concepts incorporated into the Software or Documentation, all future Updates to the Software, and all derivative works (as such term is used in the U.S. copyright laws) based on any of the foregoing (collectively, “Proprietary Property”) are trade secrets and proprietary property of Stages and its licensors, and have great commercial value to Stages and its licensors. All Proprietary Property is being provided to you on a strictly confidential and limited use basis, subject to the foregoing license. Title to all Proprietary Property and all related patent, copyright, trademark, database right, trade secret, intellectual property and other ownership rights shall remain exclusively with Stages and its licensors. This Software License Agreement is not an agreement of sale, and no title, patent, copyright, trademark, trade secret, intellectual property or other ownership rights to any Proprietary Property are transferred to you by virtue of this Software License Agreement or your purchase of the device. You will not, and will not allow any third party to: (i) license, sublicense, resell, rent, lend, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any of the Proprietary Property in any way; (ii) copy, modify, adapt, alter, translate, or create derivative works of the Proprietary Property; (iii) use, merge, or aggregate the Proprietary Property, or any component or element thereof, with other software, databases, or services not provided by Stages; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the structure of the Proprietary Property; (v) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Proprietary Property; (vi) use the Proprietary Property for unlawful purposes; (vii) use any robot, spider, app search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather the Proprietary Property; or (viii) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Proprietary Property. Stages reserves the right to investigate and prosecute violations of any of the above obligations to the fullest extent of the law. Stages may involve and cooperate with law enforcement authorities in prosecuting users who violate this Software License Agreement.
This Software License Agreement shall be governed, construed, interpreted and enforced in accordance with the laws of the State of Colorado, USA, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this Software License Agreement shall be in any federal or state court located in or having jurisdiction over Boulder County, Colorado, and you consent to the personal jurisdiction of such courts. You hereby waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by such federal or state courts and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court.
Australian Consumer Law: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Consumers in Australia should contact Stages Cycling ([email protected]) or their point of purchase to obtain a return authorization number (RA#). Products deemed defective that are within the warranty period will be repaired or replaced. A regional distributor operating on Stages Cycling’s behalf will handle service and replacement for Stages products purchased within their market. Associated costs (if any) and reimbursement for warranty service will be determined when issuing the RA#.