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MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR
REPLACEMENT AS SET FOR IN THIS WARRANTY STATEMENT. FOR
CUSTOMERS, EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN
THIS WARRANTY STATEMENT, SNOLOGY DISCLAIMS ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED
WARRANTY PERIOD HAS EXPIRED. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR
CONDITIONS, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
OR CONDITION LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY COVERAGE TERMINATES IF YOU SELL OR
OTHERWISE TRANSFER THIS PRODUCT TO ANOTHER PARTY.
SYNOLOGY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES
PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR
DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR
LOST DATA OR LOST SOFTWARE. SYNOLOGY'S LIABILITY SHALL NOT
EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE
SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH
SYNOLOGY IS RESPONSIBLE.
SYNOLOGY INC. PRODUCTS ARE NOT INTENDED FOR USE IN MEDICAL,
LIFE SAVING, OR LIFE SUSTAINING APPLICATIONS.
DISPUTE RESOLUTION
For the purposes of this provision, the term “Dispute” means any dispute,
controversy, or claim arising out of or relating to (i) this Agreement, its
interpretation, or the breach, termination, applicability or validity thereof, (ii) the
related order for, purchase, delivery, receipt or use of any product or service
from Synology, or iii) any other dispute arising out of or relating to the
relationship between You and Synology; the term “Synology” means Synology,
Inc, its parents, subsidiaries, affiliates, directors, officers, employees,
beneficiaries, agents, assigns, component suppliers (both hardware and
software), and/or any third party who provides products or services purchased
from or distributed by Synology; and the term “You” means you, or those in
privity with you, such as family members or beneficiaries. For US customers, you
and Synology agree that any Dispute between You and Synology will be
resolved exclusively and finally by arbitration under the current commercial rules
of the American Arbitration Association, except as otherwise provided below.
The arbitration will be conducted before a single arbitrator, and will be limited
solely to the dispute between You and Synology. The arbitration, or any portion
of it, will not be consolidated with any other arbitration and will not be conducted
on a class-wide or class action basis. The arbitration shall be held in King County,
Washington by submission of documents, by telephone, online or in person as
determined by the arbitrator at the request of the parties. The prevailing party in
any U.S. or non-U.S. arbitration or other legal action shall receive all costs and
reasonable attorneys’ fees, including any arbitration fee paid by the prevailing
party. Any decision rendered in such arbitration proceedings will be final and
binding on the parties, and judgment may be entered thereon in any court of
competent jurisdiction. You understand that, in the absence of this provision, You
would have had a right to litigate Disputes through a court, including the right to
litigate claims on a class-wide or class-action basis, and that You have expressly
and knowingly waived those rights and agreed to resolve any disputes through
binding arbitration in accordance with the provisions of this paragraph. For
non-US customers, any Dispute shall be finally resolved by arbitration
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