1. Definition of Terms
As used in this warranty policy, "Product" means any hardware manufactured for or by MindShare bearing the "Kubuntu Focus" brand or logo that is purchased directly from MindShare or a MindShare Authorized Reseller.
An "Original Purchaser" is any consumer that purchases and has possession of a Product directly from MindShare or from a MindShare Authorized Reseller.
An "Authorized Reseller" is any retail store that has an agreement to purchase Products direct from MindShare on an ongoing basis for resale.
"Date of Original Retail Purchase" is the date the Original Purchaser bought the Product from MindShare or a MindShare Authorized Reseller.
2. Scope of Warranty
MINDSHARE WARRANTS this MindShare hardware Product against defects in merchandise and workmanship for a period of ONE (1) YEARS from the Date of Original Retail Purchase.
a. Products Covered
This warranty applies only to hardware Products manufactured by or for MindShare that can be identified by the "Kubuntu Focus" brand or logo affixed to them. MindShare provides no warranty whatsoever for any software provided with its Products; such software is warranted separately by their manufacturers. MindShare does not warrant any products that are not MindShare Products. This warranty does not apply if: (1) the Product has been damaged by accident, abuse, misuse, or misapplication; (2) the Product has been modified without the written permission of MindShare; or (3) if any MindShare serial number has been removed or defaced.
b. Service Procedures
If you discover a defect, MindShare will, at its option and to the extent permitted by law: (1) repair the Product (using new or refurbished replacement parts); (2) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product; or (3) refund the purchase price of this Product at no charge to you—provided you return it during the limited warranty period, with freight charges prepaid to the appropriate MindShare repair department, and provided you obtain a Return Merchandise Authorization (RMA) number prior to shipping your defective Product. The RMA number must appear plainly on the outside of the shipping packaging. RMA numbers can be obtained by calling or writing MindShare at the address and phone numbers printed on this certificate. For each Product returned for warranty service, please attach your name, address, telephone number, RMA number, and a copy of your bill of sale bearing the appropriate MindShare serial numbers as proof of Date of Original Retail Purchase.
It is your responsibility to complete a backup of all existing data and programs on MindShare Products prior to returning the Product to MindShare for repair under this warranty. MINDSHARE WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS.
MindShare will pay for UPS ground shipping both ways for returned products. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII, AND U.S. POSSESSIONS AND TERRITORIES). OTHERWISE, YOU ARE RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY AND WE WILL SHIP THE PRODUCT BACK TO YOU FREIGHT COLLECT. MINDSHARE IS ONLY ABLE TO PROVIDE RETURN SHIPPING TO THE END USER FOR THOSE END USERS WITH AN FPO/APO ADDRESS.
MINDSHARE RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR SHIPPING COSTS IF IT IS APPARENT THE PROBLEM IS NOT COVERED BY THIS LIMITED PARTS AND LABOR WARRANTY.
c. Lifetime Free Technical Support
MINDSHARE WILL PROVIDE telephone or email technical assistance to the ORIGINAL PURCHASER of a MindShare Product for as long as the Original Purchaser continues to possess the Product. All "Third-Party" software and peripherals are not covered by this Lifetime Free Technical Support. They are supported by their original manufacturers.
3. MindShare’s Limited Warranty Obligations are Limited to the Terms Set Forth Below:
TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, STUATUTORY, EXPRESS, OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, MINDSHARE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF MINDSHARE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY MINDSHARE IN ITS SOLE DISCRETION.
No MindShare dealer, agent or employee is authorized to make any modification, extension or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, MINDSHARE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF ACTUAL MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; DOWNTIME; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH MINDSHARE PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON MINDSHARE PRODUCTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
4. Governing Law
This limited warranty policy shall be governed by and construed in accordance with the laws of the State of California. Any litigation under this agreement shall be resolved in the trial courts of Los Angeles County, State of California, which shall have exclusive jurisdiction on this matter.
As used in this warranty policy, "Product" means any hardware manufactured for or by MindShare bearing the "Kubuntu Focus" brand or logo that is purchased directly from MindShare or a MindShare Authorized Reseller.
An "Original Purchaser" is any consumer that purchases and has possession of a Product directly from MindShare or from a MindShare Authorized Reseller.
An "Authorized Reseller" is any retail store that has an agreement to purchase Products direct from MindShare on an ongoing basis for resale.
An "End User" is the ultimate consumer of the Product and constitutes anyone who owns and uses a MindShare Product.
"Date of Original Retail Purchase" is the date the Original Purchaser bought the Product from MindShare or an Authorized Reseller.
2. Scope of Warranty
MINDSHARE WARRANTS this MindShare hardware Product against defects in merchandise and workmanship for a period of TWO (2) YEARS from the Date of Original Retail Purchase.
a. Products Covered
This warranty applies only to hardware Products manufactured by or for MindShare that can be identified by the "MindShare" trademark, trade name, or logo affixed to them. MindShare provides no warranty whatsoever for any software provided with its Products; such software is warranted separately by their manufacturers. MindShare does not warrant any products that are not MindShare Products. This warranty does not apply if: (1) the product has been damaged by accident, abuse, misuse, or misapplication; (2) the Product has been modified without the written permission of MindShare; or (3) if any MindShare serial number has been removed or defaced.
b. Service Procedures
If you discover a defect, MindShare will, at its option and to the extent permitted by law: (1) repair the Product (using new or refurbished replacement parts); (2) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product; or (3) refund the purchase price of this Product at no charge to you—provided you return it during the limited warranty period and obtain a Return Merchandise Authorization (RMA) number prior to shipping your defective Product. The RMA number must appear plainly on the outside of the shipping packaging. RMA numbers can be obtained by calling or writing MindShare at the address and phone numbers printed on this certificate. For each Product returned for warranty service, please attach your name, address, telephone number, RMA number, and a copy of your bill of sale bearing the appropriate MindShare serial numbers as proof of Date of Original Retail Purchase.
It is your responsibility to complete a backup of all existing data and programs on MindShare Products prior to returning the Product to MindShare for repair under this limited warranty. MINDSHARE WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS.
MindShare will pay for UPS ground shipping both ways for returned products. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII, AND U.S. POSSESSIONS AND TERRITORIES). OTHERWISE, YOU ARE RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY AND WE WILL SHIP THE PRODUCT BACK TO YOU FREIGHT COLLECT. MINDSHARE IS ONLY ABLE TO PROVIDE RETURN SHIPPING TO THE END USER FOR THOSE END USERS WITH AN FPO/APO ADDRESS.
MINDSHARE RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR SHIPPING COSTS IF IT IS APPARENT THE PROBLEM IS NOT COVERED BY THIS LIMITED PARTS AND LABOR WARRANTY.
c. Lifetime Free Technical Support
MINDSHARE WILL PROVIDE telephone or email technical assistance to the ORIGINAL PURCHASER of a MindShare Product for as long as the Original Purchaser continues to possess the Product. All "Third-Party" software and peripherals are not covered by this Lifetime Free Technical Support. They are supported by their original manufacturers.
3. MindShare’s Limited Warranty Obligations are Limited to the Terms Set Forth Below:
BATTERIES, AC ADAPTERS AND EXTERNAL ACCESSORIES (SUCH AS EXTERNAL DISK DRIVES, CAR ADAPTERS ETC.) SHALL BE CLASSIFIED AS CONSUMABLE PARTS. THE WARRANTY PERIOD FOR BATTERIES AND AC ADAPTERS IS LIMITED TO ONE (1) YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE.
IN THE EVENT MINDSHARE ELECTS TO REFUND THE VALUE OF THE PRODUCT OR REPLACE THE PRODUCT, THE TERM OF THIS WARRANTY SHALL EXPIRE AS OF THE TIME OF THAT REFUND OR REPLACEMENT.
TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, STUATUTORY, EXPRESS, OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, MINDSHARE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF MINDSHARE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY MINDSHARE IN ITS SOLE DISCRETION.
No MindShare dealer, agent or employee is authorized to make any modification, extension or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, MINDSHARE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF ACTUAL MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; DOWNTIME; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH MINDSHARE PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON MINDSHARE PRODUCTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
4. Validation
Please provide your serial number to support@kfocus.org to receive details and expiration date of your warranty.
IF YOU DISCOVER ANY DISCREPANCY REGARDING THIS WARRANTY AND YOU PURCHASED THE PRODUCT DIRECTLY FROM MINDSHARE, YOU MUST IMMEDIATELY NOTIFY MINDSHARE OF THE DISCREPANCY.
IF YOU DISCOVER ANY DISCREPANCY REGARDING THIS WARRANTY AND YOU PURCHASED THE PRODUCT FROM AN AUTHORIZED RESELLER, YOU MUST IMMEDIATELY NOTIFY THAT AUTHORIZED RESELLER OF THE DISCREPANCY.
5. Availability and Transferability
THIS WARRANTY MUST BE PURCHASED BY THE ORIGINAL PURCHASER WITHIN NINTY (90) DAYS OF THE PURCHASE DATE OF THE PRODUCT AND MAY NOT BE PURCHASED THEREAFTER.
THIS WARRANTY COVERS THE PRODUCT AND TRANSFERS WITH THE PRODUCT.
A REGISTRATION FEE IS REQUIRED IF THE PRODUCT HAS CHANGED OWNERSHIP.
6. Cancellation
THIS LIMITED WARRANTY MAY ONLY BE CANCELLED BY THE ORIGINAL PURCHASER WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS WARRANTY PROVIDED THAT NO CLAIMS HAVE BEEN MADE UNDER THIS WARRANTY AND THE WARRANTY WAS PURCHASED DIRECTLY FROM MINDSHARE. A FULL REFUND OF THIS WARRANTY’s PURCHASE PRICE WILL BE GIVEN TO THE ORIGINAL PURCHASER. AFTER THIRTY (30) DAYS FROM THE PURCHASE DATE OR IF A CLAIM HAS BEEN MADE UNDER THE WARRANTY, THE WARRANTY MAY NOT BE CANCELLED.
IF THE ORIGINAL PURCHASER PURCHASED THIS LIMITED WARRANTY FROM A MINDSHARE AUTHORIZED RESELLER, MINDSHARE WILL NOT REFUND THIS WARRANTY’s PURCHASE PRICE. ANY REFUND SHALL BE MADE BY THE AUTHORIZED RESELLER. THE ORIGINAL PURCHASER MUST CONTACT THE AUTHORIZED RESELLER WHERE HE/SHE PURCHASED THE PRODUCT ABOUT ITS CANCELLATION AND REFUND POLICIES.
7. Governing Law
This warranty policy shall be governed by and construed in accordance with the laws of the State of California. Any litigation under this agreement shall be resolved in the trial courts of Los Angeles County, State of California, which shall have exclusive jurisdiction on this matter.
1. Unopened Product: Full Refund
If Purchaser returns a verified UNOPENED Product within 5 days of receipt, MindShare shall provide a full refund through the original payment method less the payment transaction fee which ranges from 0% (wire transfers) up to 2.9% (PayPal credit card payments).
2. Two-Week Opened Product: Partial Refund
If Purchaser returns an OPENED Product within 14 days of receipt, MindShare shall provide a refund through the original payment method less a mimimum 15% restocking fee.
3. All Returns
support@kfocus.org) who will provide a required return authorization code.4. Returns After 14 Days
No refunds will be issued after 14 days of receipt of Product except as described in an applicable warranty described above.
5. Governing Law
This return policy shall be governed by and construed in accordance with the laws of the State of California. Any litigation under this agreement shall be resolved in the trial courts of Alameda County, State of California, which shall have exclusive jurisdiction on this matter.