Product Warranty
What are the limits on BLU's liability?
THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF BLU'S RESPONSIBILITIES, AND THE
EXCLUSIVE REMEDY REGARDING THE PRODUCTS. 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. IN NO
EVENT SHALL BLU BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE
PRODUCTS OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE,
TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS, OR SAVINGS; INCONVENIENCE;
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM
THE USE OR INABILITY TO USE THE PRODUCTS. SOME STATES AND JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
DISCLAIMERS MAY NOT APPLY TO YOU.
BLU MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY
OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCTS,
OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCTS,
WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCTS
DISTRIBUTED BY BLU OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE, AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER, OR SUPPLIER OF
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
Nothing in the Products instructions or information shall be construed to create an express warranty of any kind with
respect to the Products. No agent, employee, dealer, representative, or reseller is authorized to modify or extend this
Limited Warranty or to make binding representations or claims, whether in advertising, presentations, or otherwise,
on behalf of BLU regarding the Products or this Limited Warranty.
This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to
state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH BLU ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE,
CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH
FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be
combined or consolidated with a dispute involving any other person's or entity's Products or claim, and specifically,
without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The
arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief
allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association
(AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered
pursuant to the Federal Arbitration Act. The laws of the State of Florida, without reference to its choice of laws
principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration
provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the
Limited Warranty. This arbitration provision also applies to claims against BLU's employees, representatives and
affiliates if any such claim arises from the Products' sale, condition or performance.
Severability.
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or
unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.