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THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY AND ALL EXPRESS WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE WARRANTY PERIOD (THE ORIGINAL PURCHASER’S (YOUR) OWNERSHIP OF THE PRODUCT) AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED
WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EVOLUTION’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN THE PRODUCT IS LIMITED TO THE TERMS SET FORTH IN THIS LIMITED WARRANTY. THE PRECEDING LIMITED WARRANTY CONSTITUTES SPRINGFIELD’S ONLY OBLIGATION TO YOU AND REPRESENTS YOUR EXCLUSIVE REMEDY AGAINST EVOLUTION. IN NO EVENT WILL EVOLUTION BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER YOUR CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ECONOMIC LOSS, BODILY INJURY, PROPERTY DAMAGE OR FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OR OWNERSHIP OF THE PRODUCT, WHETHER FORESEEABLE OR NOT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN OTHER EXCLUSIONS CONTAINED IN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH IN THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW.
No person or entity is authorized to give any other warranty or to assume any other obligation on behalf of Evolution. Any provision of this Limited Warranty prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition and shall not invalidate any of the remaining provisions of this Limited Warranty.
GOVERNING LAW/VENUE/CONSENT TO JURISDICTION
This Limited Warranty will be governed and construed in accordance with the law of the State of Nevada, without regard to Nevadas conflict of law rules. Any litigation between Evolution and YOU or YOUR heirs, representatives or assigns shall be filed before a court of competent jurisdiction and venue in the the State of Nevada. YOU HEREBY CONSENT TO THE IN PERSONAM JURISDICTION AND VENUE OF THE NEVADA COURTS, AND THAT SERVICE OF THE PROCESS MAY BE MADE UPON YOU AS PROVIDED BY NEVADA LAW.