Return Policy and Limited Warranty

This Returns Policy and Warranty (“Limited Warranty”) applies to the CellScope “Oto”(the “Product”) and is given by CellScope, Inc. (“CellScope”) of 530 Howard St. Suite 300, San Francisco CA 94105, United States, to the individual or entity who originally purchased the Product (“Purchaser”) from CellScope in the case of warranty. The Limited Warranty applies only within the United States and is not transferable.

Return Policy

Not satisfied with your Oto? Subject to the same limitations as outlined in the “What is Not Covered” provisions of the Limited Warranty detailed below, return it within 30 days of purchase for a full refund of the purchase price.

In order to be eligible for a refund under this Returns Policy to be granted, you must request a return merchandise authorization (RMA) number from CellScope during the 30-day period following the date of purchase from CellScope. You are responsible for and must prepay all return shipping charges and you assume all risk of loss or damage to the Product while in transit back to CellScope.

You can submit a request for an RMA number by contacting returns@cellscope.com

If the Product is returned in accordance with this Returns Policy, CellScope will credit the account you used to make the original purchase with the full purchase price you paid for the Product and any applicable taxes. The time to credit your account may vary, depending on processing time. Please allow a minimum of 4 weeks for CellScope to credit the account used to make the original purchase.

Limited Warranty

CellScope Inc. warrants the Product against any defects that are due to faulty material or workmanship for a period of one year from the documented original date of consumer purchase, by the Purchaser. The Limited Warranty extends to the Purchaser only and is non-transferable. Only Purchasers who purchased a Product from certified CellScope retailers or through the CellScope website may obtain coverage under our Limited Warranty.

If the Product proves defective during the warranty period, please follow the instructions set out below for returning the Product, and CellScope will take one of the following actions: (i) replace the Product with a product that is the same or equivalent to the Product you purchased; (ii) repair the Product; or (iii) refund to you the whole or part of the purchase price of the Product.

A repaired or replacement Product or part assumes the remaining warranty of the original Product, or thirty (30) days from the date of replacement or repair, whichever is longer. If CellScope determines that a returned Product cannot be repaired or it cannot be repaired in a timely fashion, CellScope may elect to replace the Product for the Purchaser at no charge in exchange for the return of the Product which will become the property of CellScope and will not be returned to the Purchaser. CellScope reserves the right to either replace any discontinued Product with a new product of comparable value and function, or to refund the purchase price paid for the Product by Purchaser.

What is Not Covered

The Limited Warranty does not cover any CellScope services (i.e. the software; website; web platform communication amenities or portals; information or access to information provided or facilitated by CellScope’s web-based portals; platforms to provide support for any CellScope product or information derived or transmitted by such product), and does not cover any CellScope product other than as specified. This Limited Warranty does not cover any problem caused by: (a) conditions, malfunctions, or damage not resulting from faulty material or workmanship; (b) any condition resulting from normal wear and tear (including, without limitation, wear and tear of the Product); (c) conditions resulting from improper use, improper maintenance, abuse, negligence, accident or alteration; or (d) any condition or loss or harm connected in any way to either: (i) using CellScope services with any good or product other than the Product, or, (ii) using any services or products not provided by CellScope in connection with the Product.

The Limited Warranty is void if the Product: (a) is used in any manner that is inconsistent with the intended purpose or design of the Product as described in CellScope’s published documentation for the Product, (b) is altered in any way, (c) is used or maintained in any manner that is inconsistent with CellScope’s instructions or warnings included with the Product, (d) is subjected to any other misuse, abuse, neglect, accident, or external forces, and/or (e) is used with any non-CellScope product or service.

CellScope does not warrant that the operation of the Product will be uninterrupted or error-free. To the greatest extent permitted by applicable law, the warranties set forth in this Limited Warranty are exclusive and in lieu of all other warranties, express or implied.

Any implied warranty of any kind potentially applicable to any CellScope product or service, including but not limited to any implied warranty for fitness for use or purpose or with respect to satisfactory quality, are specifically waived and replaced by the limited warranty provided hereunder.

Limitations

This Limited Warranty replaces all other CellScope warranties and liabilities whether oral, written, (non-mandatory) statutory, contractual in tort or otherwise, including without limitation, and where permitted by applicable law, any implied conditions or warranties.

To the extent permitted by applicable law, CellScope does not assume any liability for loss of or damage to or corruption of data, for any loss of profit, loss of use of any CellScope products or services, lost functionality of CellScope products or services, loss of business, loss of contracts, loss of revenues or loss of anticipated savings, increased costs or expenses or for any indirect loss or damage, consequential loss or damage or special loss or damage.

To the extent permitted by applicable law, CellScope’s liability shall be limited to the purchase value of the Product.

The laws of the State of California and the United States govern our warranties. It gives you specific legal rights, and you may also have other rights that vary from state to state. Our warranties do not affect any additional rights consumers have under laws in their jurisdictions governing the sale of consumer goods. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in our warranty statements may not apply. You may be required by law to give us a reasonable opportunity to correct or cure any failure to comply before you can bring any action in court against us under the Magnuson-Moss Warranty Act.

How to Obtain Warranty Service

Contact CellScope Customer Support via email at support@cellscope.com.

If CellScope determines that a Product is eligible for any service under the Limited Warranty, CellScope shall bear the costs incurred by the consumer associated with returning a Product to CellScope for warranty service. If CellScope determines that a returned Product is ineligible for service under the Limited Warranty, CellScope will, if reasonably practicable, repair the Product for a reasonable charge that includes shipping and handling. CellScope is not responsible for items damaged or lost in transit.

A repaired or replacement Product provided under this Limited Warranty will only be sent to addresses within the United States and US territories.

Other Important Notices

The rights provided to you under this Limited Warranty are provided in addition to all rights and remedies conveyed to you by consumer protection laws and do not affect your legal (statutory) rights under applicable national law.

This Limited Warranty is offered subject to CellScope Terms and Conditions, which may change from time to time. You can find the latest version on our website at: https://www.cellscope.com/terms. In the case of any inconsistencies between the Terms and Conditions and this Limited Warranty, this Limited Warranty will prevail.

This Limited Warranty does not apply to any device or the cellular and/or other network or system on which the Product operates. Therefore, CellScope will not accept any responsibility under this Limited Warranty for the operation, availability, coverage, services or range of the cellular or other network or system.

Always completely follow safety, use, operation, and maintenance instructions for the Product or any other CellScope product.

CellScope, shall not under any circumstance be liable either expressly or impliedly, for any damages or losses of any kind whatsoever resulting from loss of, damage to, or corruption of, content or data during repair or replacement of the Product.

© Copyright 2011-2014 CellScope, Inc. All Rights Reserved. US Patents Pending. CellScope is a registered trademark of CellScope, Inc. in the United States.

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