TERMS OF USE, WARRANTY, AND LIABILITY WAIVER
Top Down Technologies Inc., a California Corporation, having its principal place of business in Gilroy, CA ("Top Down Tech")
offers its Window Valet™ product (the "Product") to you (the "Buyer") with the terms, conditions and notices as follows:
1)Terms of Use:
This Product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and
notices contained herein. Installation and/or use of this Product implies acceptance of all such terms, conditions,
and notices. If you do not agree to these terms, Top Down Tech will not sell this Product to you, and in that case you
should return this Product promptly at Top Down Tech's expense to Top Down Technologies, Inc.; 8880 Guibal Avenue;
Gilroy, CA 95020-9161.
2)Personal and Non-Commercial Use Limitation:
This Product is for your personal and non-commercial use. You may not modify, reproduce, reverse engineer, or create
derivative works from this Product.
3)Parts Warranty:
Top Down Tech warrants that the Product will be free from defects for a period of one year. Any defects in materials
or workmanship shall be repaired or replaced at Top Down Tech's sole discretion. Top Down Tech does not warrant against
damages or defects arising out of use of the Product. No warranty of any kind, expressed or implied, is made regarding
the safety of the Product. The entire risk as to the quality or performance of the Product is with the Buyer.
4)Limitation of Liability:
In no event shall Top Down Tech be liable for any direct, indirect, punitive, incidental, special, consequential damages,
or any damages whatsoever arising out of or connected with the use or misuse of this Product. Should the Product
prove defective following purchase, Top Down Tech's liability is limited to the Buyer's purchase price of the Product.
Top Down Tech shall not have any obligation with respect to the Product or any part thereof, whether based
on contract, tort, strict liability or otherwise. Buyer assumes all risks and liability from use of Product.
5)Other Statements:
Top Down Tech's employees or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not
be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty.
6)Entire Obligation:
This TERMS OF USE, WARRANTY, AND LIABILITY WAIVER document states the entire obligation of
Top Down Tech with respect to the Product. If any part of this agreement is determined to be void, invalid,
unenforceable or illegal, including, but not limited to the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of the agreement shall remain in full
force and effect.
7)General:
This agreement is governed by the laws of the Commonwealth of California, USA. You hereby consent to enter into
arbitration all disputes arising out of or relating to the use of this Product. Arbitration will take place in
Santa Clara County, CA. Use of this Product is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this paragraph.
8)Modification of Terms and Conditions:
Top Down Tech reserves the right to change the terms, conditions, and notices under which this Product is offered.
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