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15
hardware; (iv) any malfunctions or damage caused by any non-Flo branded products; and (v) any Products that have
been self-installed or installed, maintained or repaired by any person who has not been designated a “Flo Pro” or rec-
ommended by Flo or is otherwise an unauthorized or recommended service provider. Products installed on anything
other than potable water service lines shall be Ineligible Products (for example, irrigation lines, well systems or water
containing metallic sediments). This Limited Warranty does not cover consumable parts, including batteries, unless
damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the
product). Flo recommends that you use only authorized service providers for maintenance or repair. Unauthorized use
of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty. This Limited
Warranty does not cover data loss.
(4) DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, FLO DOES NOT EXTEND ANY EXPRESS WARRANTIES, REPRE-
SENTATIONS, CONDITIONS OR GUARANTEES REGARDING FLO’S PRODUCT OR ONLINE SERVICES (“SERVICES”) OR ANY
RESULTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLO DISCLAIMS ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND SERVICES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, FLO ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR
CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
(5) LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION SHALL APPLY TO ANY AND ALL DAMAG-
ES, REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE ASSERTED (INCLUDING, WITHOUT LIMITATION, CON-
TRACT, BREACH OF CONTRACT OR TORT), AND REGARDLESS OF WHETHER FLO HAS BEEN ADVISED OF THE POSSIBIL-
ITY OF LOSS OR DAMAGES - UNLESS YOU PROVE THAT WE CAUSED DAMAGES TO YOU INTENTIONALLY. IN ADDITION
TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL FLO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR
RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE AMOUNT OF OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR
THE PRODUCT WILL NOT EXCEED THE TOTAL PRICE ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
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