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STARRY™ ONE (1) YEAR LIMITED WARRANTY
This Limited Warranty is provided by Starry, Inc. (“Starry”) and gives you specific legal rights with respect to your Starry Station, model S00111 (“Station”). Please review it carefully.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE OR COUNTRY. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.
FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
What is covered by this Limited Warranty?
Subject to the terms and conditions of this Limited Warranty, Starry warrants that the hardware components comprising your Station will be free from defects in materials and workmanship under normal consumer use for a period of one (1) year from the date of original retail purchase (the “Warranty Period”). During this Warranty Period, if a defect arises that is covered by this Limited Warranty, Starry will, subject to the terms and conditions of this Limited Warranty, at its option, either: (i) replace your Station with a new or refurbished model of substantially equivalent functionality; (ii) repair your Station using new or refurbished parts; or (iii) refund the purchase price. For the purposes of this Limited Warranty, “refurbished” means a product or part that has been returned to its original specifications in Starry’s sole discretion. The foregoing is your sole and exclusive remedy for any breach of this Limited Warranty or for any other claims otherwise relating to this Limited Warranty.
What is not covered by this Limited Warranty?
This Limited Warranty does not cover:
(a) Damage caused beyond the reasonable control of Starry, including damage caused by (i) accident, abuse, misuse; (ii) operating a Station outside its permitted or intended uses as defined in the Starry Station’s Important Product Information Guide and other documentation provided to you, including use of the Stations for commercial purposes; (iii) improper care and handling (e.g. subjecting the Station to extreme temperatures), abuse or neglect; impact damage (e.g. dropping the Station); (iv) contact with liquids, water, rain, extreme humidity, or other moisture; sand, food, dirt or similar substances; or (v) flood, fire, earthquake, tornado or other acts of God not within Starry's reasonable control.
(b) Damage or malfunctions caused by third-party products including, without limitation, software, downloaded data or materials, consumable parts, accessories or peripherals; damage or malfunctions caused by Internet or telecommunications failures; commercial use; or damage or malfunctions caused by unauthorized opening, use, service, tampering, alteration, repair or modification;
(c) Defects or damage resulting from someone other than Starry or a Starry authorized service center servicing, testing, adjusting, installing, maintaining, altering, or tampering with the Stations;
(d) Cosmetic damage or normal wear and tear, including cracks, dents and scratches to the product;
(e) Any software, whether or not contained in or distributed with your Station;
(f) Any non-Starry branded or approved downloaded data or materials;
(g) Consumable parts, such as batteries;
(h) Accessories or peripherals; or
(i) Damage caused by inadequate packing or shipping procedures in returning your Station to Starry for service.
This Limited Warranty does not apply to Stations sold as used, refurbished or reconditioned.
Please refer to the Starry Station End User License Agreement for your rights and obligations with respect to any software contained in or distributed with your Station.
STARRY DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF YOUR STATION WILL BE UNINTERRUPTED OR ERROR-FREE.
How to make a Warranty Claim or arrange for Warranty Service?
Please access and review the online help resources available at www.starry.com/support before requesting warranty service.
To make a warranty claim or arrange for warranty service for your Station, you must contact Starry Customer Service at (888) 231-9403. Call charges and international shipping fees may apply. The available service options are dependent on the country in which service is requested. Starry reserves the right to restrict warranty claims and warranty services to the countries where the product was intended for sale.
When you contact Starry at the number above, Starry will provide a Return Merchandise Authorization (“RMA”) number and specific instructions to you as to how and where to return your Station. You may be required to provide your contact details, place of purchase, date of purchase and the model and serial number of the Station to be returned. Your Station must be shipped, prepaid and insured by you, in its original or equally protective packaging, together with proof of purchase (i.e., a dated purchase or gift receipt) and the RMA number provided by Starry, to the address specified by Starry. You are required to send your Station to Starry before a replacement is sent out. You must return your Station within the timeframe specified by Starry.
Your Station or a replacement will be returned to you configured as your product was configured when originally shipped, subject to applicable updates that Starry, in its discretion, makes generally available free of charge. This may affect use and/or compatibility with third party applications (for which Starry shall have no liability). You will be responsible for reinstalling all other data, software and files.
You will be solely responsible for any cost, expense, loss or damage relating to your failure to comply with the above terms or Starry’s instructions.
What Will Starry Do When It Receives Your Station?
When Starry receives your Station, it will examine it and determine whether it is covered by this Limited Warranty. If, upon examination, Starry determines that your Station is covered by this Limited Warranty and an advance replacement Station has not already been provided to you, Starry will, within a reasonable period of time, at its option, do one of the following: (i) replace your Station with a new or refurbished model of substantially equivalent functionality; (ii) repair your Station using new or refurbished parts; or (iii) refund the purchase price. If your Station is covered by this Limited Warranty, the shipping address must be within one of the countries in which the Station was intended for sale, in which event Starry will send the replacement or repaired Station to you at Starry’s cost and by Starry’s choice of carrier.
If, upon examination, Starry determines that your Station is not covered by this Limited Warranty, Starry will: (i) return your Station to you, at your expense.
Any returned Station or Station parts for which a replacement is given shall become the property of Starry.
What will be the Warranty Period if your Station is replaced or repaired?
If your Station is replaced or repaired during the Warranty Period, it will be covered by this Limited Warranty for the remainder of the original Warranty Period or ninety (90) days from the date of shipment of the replacement or repaired Station, whichever is longer.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, IMPLIED OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, STARRY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY PROVIDED FOR IN THIS LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT STARRY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH WARRANTIES OR CONDITIONS SHALL BE LIMITED IN DURATION TO THE DURATION OF THE WARRANTY PERIOD AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY STARRY IN ITS SOLE DISCRETION. Some jurisdictions do not allow limitations on the duration of a statutory or an implied warranty or condition, so this limitation may not apply to you.
Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STARRY NOR ITS AFFILIATES, LICENSORS, RESELLERS, DISTRIBUTORS, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE, USE OR THE PERFORMANCE OF YOUR STATION OR ANY BREACH OF ANY WARRANTY OR CONDITION, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF OR DAMAGE TO OR CORRUPTION OF DATA OR PROGRAMS, PERSONAL INJURY OR DEATH, HOWSOEVER CAUSED, REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL STARRY’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE STATION YOU PURCHASED.
Some jurisdictions do not allow the exclusion or limitation of direct, consequential or incidental damages, so the above exclusion may not apply to you.
No employee or representative of Starry or its affiliates or any third party is authorized to make any additions or extensions to this Limited Warranty. Starry reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Limited Warranty at any time without further notice. If Starry does this, Starry will post the revised version of this Limited Warranty at www.starry.com/legal/warranty. The Limited Warranty which governs your Station will be the version of this Limited Warranty in effect on date of original retail purchase of the Station.
This Limited Warranty and any dispute that might arise between you and Starry in respect of this Limited Warranty is to be governed by and construed in accordance with the laws of the United States and the State of Massachusetts applicable therein without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Good is hereby excluded in its entirety from application to this Limited Warranty. The forum or venue for any dispute arising out of or relating to this Limited Warranty shall be in the State of Massachusetts and you hereby irrevocably attorn to such jurisdiction.
If any term of this Limited Warranty is held to be invalid or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect. Waiver by Starry of any default will not be deemed a continuing waiver of such default or a waiver of any other default.
By use of your Station you accept and agree to the terms and conditions of this Limited Warranty. You further agree that this Limited Warranty and any and all related documents shall be drawn up in English only.
This Limited Warranty has been last updated January 27, 2016.