OUYA, Inc. (“OUYA”) warrants the OUYA console (the “Console”) and the OUYA controller (the “Controller”) (the Console and the Controller will each be referred to as the “Product”) against material defects in materials and workmanship under normal and intended use, as described in the applicable OUYA specifications and documentation at www.ouya.tv, for a period of one (1) year, for the Console, and ninety (90) days, for the Controller, from the date of retail purchase by the original purchaser (“Warranty Period”). Under this Limited Warranty, if a warranty defect arises and a valid written claim is received by OUYA within the Warranty Period, at OUYA’s option and to the extent permitted by law, OUYA will either (1) repair the defective Product at no charge, (2) exchange the defective Product with a new or refurbished Product that complies with this Limited Warranty, or (3) refund the purchase price of the defective Product. To the extent permitted by law, these are your sole and exclusive remedies. No reseller, agent or employee of OUYA may give any warranty on OUYA’s behalf. This Limited Warranty is valid only in North America for Products sold in North America.
Instructions to Obtain Warranty Repairs, Replacements or Refunds. To obtain warranty repairs, replacement or refunds, you must notify OUYA Customer Service to obtain a Return Material Authorization (RMA), have registered the defective Product and return the defective Product in either its original packaging or packaging providing an equal degree of protection together with proof of purchase to the address specified by OUYA. You will bear the cost of shipping the Product to OUYA and OUYA will bear any cost of shipping repaired or replacement Product(s) back to your specified address in North America. A repaired or replaced Product is warranted for the remaining Warranty Period of the original Product or ninety (90) days, for the Console, and thirty (30) days, for the Controller, from the date of repair or replacement, whichever is longer.
Exclusions and Limitations. This Limited Warranty does not apply to: (a) normal wear and tear; (b) defects caused by alterations or modifications not made by OUYA; for clarity, opening the Product or rooting the software in and of themselves do not void this Limited Warranty, however, defects or damage caused by these actions do void this Limited Warranty; (c) damage caused by use with non-OUYA products; (d) damage caused by accident, abuse, misuse, flood, fire, zombies, earthquake or other external causes; or (e) damage caused by operating the Product outside the permitted or intended uses described by OUYA. Recovery and reinstallation of games, apps, software programs and user data are not covered under this Limited Warranty.
Disclaimer. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OUYA HEREBY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE). OUYA DOES NOT WARRANT THAT THE PRODUCT IS ERROR FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION. TO THE EXTENT OUYA MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM CERTAIN IMPLIED WARRANTIES, THE DURATION OF ANY SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE SHORTER OF THE WARRANTY PERIOD OR THE MINIMUM TIME PERIOD PERMITTED BY LAW.
Limitation of Damages. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OUYA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, YOUR USE OF THE PRODUCT, OR UNDER ANY OTHER LEGAL THEORY. IN NO EVENT WILL OUYA’S TOTAL LIABILITY EXCEED THE PRICE PAID BY THE ORIGINAL PURCHASER FOR THE PRODUCT.
Consumer Protection. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Governing Law and Arbitration. This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Los Angeles County, California and the federal courts in the Southern District of California for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, OUYA may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Questions. If you have any questions concerning this Limited Warranty, please contact OUYA at [email protected]