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LIVE FOREVER LIMITED WARRANTY FOR CONSUMERS
Monster, LLC, 7251 West Lake Mead Blvd., Las Vegas, NV 89128, (“Monster”) extends You
this Limited Warranty. Statutory or common law may provide You with additional rights
or remedies, which shall not be aff ected by this Limited Warranty.
DEFINITIONS
“Adequate Use”
means use of the Product (i) within a home or dwelling, (ii) for private
(as opposed to commercial) purposes, (iii) in conformance with all applicable local,
state or federal law, code or regulations (including without limitation building and/or
electrical codes), (iv) in accordance with manufacturer recommendations and/or
instructions in the materials and documentation that accompany the Product, and (v)
with proper electrical grounding.
“Authorized Dealer”
means any distributor, reseller or retailer that (i) was duly
authorized to do business in the jurisdiction where it sold the Product to You, (ii) was
permitted to sell You the Product under the laws of the jurisdiction where You bought
the Product, and (iii) sold You the Product new and in its original packaging.
“Formal Warranty Claim”
means a claim made in accordance with the section “Formal
Warranty Claims” herein.
“Product”
means a Product (i) that contained a reference to the “live forever”
Limited Warranty, (ii) that You bought from an Authorized Dealer new and in its
original packaging, and (iii) whose serial number, if any, has not been removed, altered,
or defaced.
“Product Defect”
means an inadequacy of the Product that existed at the time when
You received the Product from an Authorized Dealer and that causes a failure of the
Product to perform in accordance with Monster’s documentation accompanying the
Product, unless such failure has been caused completely or partly by (a) any use other
than Adequate Use, (b) transportation, neglect, misuse or abuse by anyone other
than Monster’s employees; (c) alteration, tampering or modifi cation of the product by
anyone other than a Monster employee; (d) accident (other than a malfunction that
would otherwise qualify as a Product Defect); (e) maintenance or service of the Product
by anyone other than a Monster employee; (f) exposure of the Product to heat, bright
light, sun, liquids, sand or other contaminants; or (g) acts outside the control of Monster,
including without limitation acts of God, fi re, storms, earthquake or fl ood.
“You”
means the fi rst individual person that purchased the Product in its original
packaging from an Authorized Dealer. This Limited Warranty does not apply to persons
or entities that bought the Product (i) in used or unpackaged form, (ii) for resale, lease
or other commercial use, or (iii) from someone other than an Authorized Dealer.
SCOPE OF THIS LIMITED WARRANTY
If a Product contained a Product Defect when You bought it from an Authorized Dealer
and Monster receives a Formal Warranty Claim from You within two (2) months after