LIMITED WARRANTY

Last revision as of September 13th, 2019.

BY USING YOUR HUMAN HEADPHONES PURCHASED FROM HUMAN, INCORPORATED OR AN AUTHORIZED RETAILER OR RESELLER (THE “PRODUCT"), OR HUMAN BRANDED ACCESSORY PURCHASED FROM HUMAN OR AN AUTHORIZED RETAILER OR RESELLER ("ACCESSORY"), YOU AGREE TO THE TERMS OF THIS LIMITED WARRANTY. BEFORE USING THE PRODUCT OR ACCESSORY, PLEASE READ THE TERMS OF THIS LIMITED WARRANTY CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS OF THIS LIMITED WARRANTY, DO NOT USE YOUR PRODUCT OR ACCESSORY. RETURN IT UNUSED TO YOUR RETAILER, RESELLER, OR HUMAN FOR A REFUND.

You acknowledge and agree that your use of Products is further governed by Human’s Terms of Sale, Terms of Use, End User License Agreement (EULA) and Privacy Policy (collectively with this Limited Warranty, the “Human Terms”), all available at www.humanheadphones.com/support.  If you use Products in violation of any of the Human Terms, You may void Your Limited Warranty on Products.

THE HUMAN TERMS INCLUDE A BINDING AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER, WHICH MAY BE FOUND IN THE TERMS OF USE IN A SECTION TITLED “MANDATORY ARBITRATION”. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH HUMAN. PLEASE READ THE ARBITRATION SECTION.

See www.humanheadphones.com/warranty for more information or contact us via 3100 Airport Way S., #25-512, Seattle, WA 98136 or 1 (202) 883-8624.

This warranty gives You specific legal rights. You may also have other rights which vary from State to State.

1. Acceptance of Limited Warranty: You accept this Limited Warranty by (a) using the Product or Accessory, or (b) are deemed to accept this Limited Warranty if you do not return the Product or Accessory within 30 days after purchase, whichever occurs first.

2. Warranty

a. For 30 days from the date the original end-user (“You”) purchased your Product or Accessory (“Warranty Period”), Human warrants, only to You, that the Product or Accessory will not malfunction due to a defect in materials or workmanship under ordinary consumer use under normal conditions according to the instruction manual.  In addition, Human’s indemnity for infringement claims under Human’s EULA shall be Human’s only warranty, and Your only remedy for infringement claims by third parties.

b. This is the only warranty Human gives for your Product or Accessory. Human gives no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or condition on Human’s behalf. 

c. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THIS LIMITED WARRANTY, THE PRODUCT OR ACCESSORY TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Some States do not allow limitations on implied warranties, so this limitation may not apply to You. IF YOUR STATE DOES NOT ALLOW THE DISCLAIMER OF AN IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE WARRANTY PERIOD TO THE EXTENT PERMITTED BY YOUR STATE’S LAWS. The term “State” includes any state of the United States, Washington, D.C., or any other United States territory or possession.

3. How to Get Warranty Service

a. Before starting the warranty process, please use the troubleshooting tips at www.humanheadphones.com/support or contact us via 3100 Airport Way S., #25-512, Seattle, WA 98136 or 1 (202) 883-8624.

b. If the troubleshooting tips do not resolve Your problem, follow the online process at www.humanheadphones.com/support or contact us via 3100 Airport Way S., #25-512, Seattle, WA 98136 or 1 (202) 883-8624.

c. Delete Confidential Information. Before sending Your Product or Accessory to Human or taking it to an authorized retailer or reseller for service, be sure to DELETE ANYTHING YOU CONSIDER CONFIDENTIAL. HUMAN, RETAILERS OR RESELLERS ARE NOT RESPONSIBLE FOR YOUR PRIVACY OR THE CONFIDENTIALITY OF YOUR INFORMATION IF YOU LEAVE SENSITIVE, PROPRIETARY, OR CONFIDENTIAL INFORMATION ON YOUR DEVICE.

4. Human’s Responsibility

a. After You return Your Product or Accessory to Human or an authorized retailer or reseller, Human or the retailer or reseller will inspect it.

b. If Human or the retailer or reseller determines that the Product or Accessory malfunctioned due to a defect in materials or workmanship during the Warranty Period under normal use conditions, Human or the retailer or reseller will (at its option) repair or replace it or refund the purchase price to You. Repair may use new or refurbished parts. Replacement may be with a new or refurbished unit.

c. After repair or replacement, Your Product or Accessory will be covered by this warranty for the longer of the remainder of Your original Warranty Period or 30 days after Human or the retailer or reseller ships it to you.

d. HUMAN'S RESPONSIBILITY TO REPAIR OR REPLACE YOUR PRODUCT OR ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.

e. If Your Product or Accessory malfunctions after the Warranty Period expires, there is no warranty of any kind. After the Warranty Period expires, Human may charge You a fee for its efforts to diagnose and service any problems.

5. Warranty Exclusions

a. Human is not responsible and this warranty does not apply if Your Product or Accessory is:

i. Lost, in whole or in part.

ii. Damaged by use with a third-party component or product that does not meet Human’s product specifications;

iii. Modified or tampered with (including, e.g., any attempt to defeat or circumvent any Human technical limitations or security mechanisms, etc.) or its serial number is altered or removed;

iv. Damaged by any external cause (including, e.g., by being dropped, exposed to liquid, used with inadequate ventilation, etc., or failure to follow instructions in the instruction manual);

v. Scratched, dented, etc., or shows other cosmetic damage; or

vi. Damage caused by You or any non-authorized third-party.

b. Human is not responsible and this warranty does not apply if Your Product is used with an operating system other than the Human operating system preinstalled in Your Product (or any contemporaneous or later versions of that operating system), or if You breach the terms of the License Agreement for the Human operating system resulting in the termination of Your license to use the Human operating system.

c. This warranty does not apply to consumable parts (such as batteries) that are designed to diminish over time unless the failure has occurred due to a defect in materials or workmanship.

d. Human does not guarantee that Your use of the Product or Accessory will be uninterrupted, timely, secure, or error-free, or that data loss will not occur.

e. Human may change these Warranty terms at any time by posting revised terms on this Website. If any part of this Limited Warranty are for any reason unenforceable, that shall not affect the validity and enforceability of any of the remaining provisions of the Limited Warranty.

f. As Human Incorporated is a startup business, Human will honor warranties as is within their power and control to do so.  In case of a change in company status to Human Incorporated, such as declaration of bankruptcy, transfer of ownership, or other major company status change, Human Inc.’s ability to offer a Limited Warranty may be adversely impacted. Other impacts to Human Incorporated’s business, such as Acts of God, or other Force Majeure may also impact the enforceability of the Limited Warranty.

6. EXCLUSIONS OF CERTAIN DAMAGES

HUMAN IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALLY, OR PROFITS; OR ANY INABILITY TO USE YOUR PRODUCT OR ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF HUMAN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Applicable Law

The laws of the State where You live govern the interpretation of this warranty, any claim that Human has breached it, and all other claims (including consumer protection, unfair competition, implied warranty, and tort claims), regardless of conflict of law principles.