acer 952483 WAVE 7 Wi-Fi Mesh Router User Guide
damage to or loss of any programs, data, or other information stored on any media
or any part of any Product serviced. IF DURING THE REPAIR OF THE PRODUCT THE
CONTENTS OF THE HARD DRIVE ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED,
ACER IS NOT RESPONSIBLE FOR ANY LOSS OFYOUR DATA WHATSOEVER. YOUR
PRODUCT WILL BE RETURNED TO YOU CONFIGURED TO THE ORIGINAL FACTORY
CONFIGURATION (SUBJECT TO AVAILABILITY OF SOFTWARE).
8. Limitation of Liability. ACER SHALL NOT BE LIABLE FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY. ACER'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU
PAID FOR PRODUCTS OR SERVICES PLUS INTEREST ALLOWED BY LAW. ACER IS NOT
LIABLE TO YOU FOR EVENTS BEYOND ACER'S CONTROL, SUCH AS ACTS OF GOD,
VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST
PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES,
HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
7. Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE
LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO
THE DURATION OF THIS WARRANTY.
Some states or jurisdictions 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 may not apply to You. This Agreement gives You specific
legal rights and You may have other rights which vary from state to state, jurisdiction
to jurisdiction or province to province.
Commercial Purchasers: Acer extends the above limited warranty to purchasers
of Products for industrial, commercial and business use upon the same terms
and conditions and exclusions applicable to consumer purchasers. HOWEVER,
WITH RESPECT TO COMMERCIAL PURCHASERS, ALL IMPLIED WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED AND
DISCLAIMED.
9. Binding Arbitration. [BINDING ARBITRATION PROVISIONS ARE NOT
APPLICABLE TO QUEBEC CONSUMERS] THIS AGREEMENT PROVIDES THAT
ALL DISPUTES BETWEEN YOU AND ACER WILL BE RESOLVED BY MANDATORY
AND BINDING ARBITRATION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU
AND ACER THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT
MAY BE TAKEN TO SMALL CLAIMS COURT AS FURTHER SET FORTH BELOW IN
THIS SECTION 9).
The arbitration will be conducted before a single arbitrator, and will be limited
solely to the Dispute between You and Acer. Arbitration is a process whereby a
dispute is submitted to an arbitrator, for a final and binding determination, known
as the award. The arbitrator is an individual, similar to a judge, who reviews and
weighs evidence provided by both parties, and renders an award enforceable in
court. Arbitrator decisions are as enforceable as any court order and are subject to
VERY LIMITED REVIEW BY A COURT. YOU ACKNOWLEDGE THAT, BY WAY OF THIS
AGREEMENT, YOU AND ACER WAIVE ALL RIGHTS TO A JURY TRIAL.
To the fullest extent provided by law, and except as otherwise provided below,
You and Acer agree that any Dispute (as further defined below in this Section 9)
between You and Acer will be resolved exclusively and finally by binding arbitration
administered by the American Arbitration Association (AAA) and conducted in
accordance with the AAA's Supplementary Procedures for Consumer-Related
Disputes of the Commercial Arbitration Rules and the Consumer Due Process
Protocol. YOUR RIGHTS WILL THEREFORE BE DETERMINED BY A NEUTRAL
ARBITRATOR AND NOT A JUDGE OR JURY. You and Acer will agree on another
arbitration forum, as well as procedures under which the arbitration will be
conducted, if AAA ceases operations.
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 at any reasonable location near your residence by
submission of documents, by telephone, online or in person, whichever method of
presentation You choose.
Under the AAA Supplementary Procedures for Consumer-Related Dispute and
Consumer Due Process Protocol, You retain the right to seek relief in a small claims
court for Disputes within the scope of the small claims court's jurisdiction. The small
20
claims action, or any portion of it, will not be consolidated with any other action and
will not be conducted on a class-wide or class-action basis.
et seq. For the purposes of this Agreement, 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 Acer; or (iii) any
other dispute arising out of or relating to the relationship between You and Acer, 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 Acer. The term
"You" means the original purchaser and those in privity with the original purchaser,
such as Family members or beneficiaries.
If You prevail in the arbitration of any Dispute with Acer, Acer will reimburse You
for any fees You paid to AAA in connection with the arbitration. 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, IF ANY, AND SUBJECT TO THE RULES OF YOUR JURISDICTION, 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 IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. If this specific provision is found to be unenforceable, then the entirety of
this arbitration provision shall be null and void.
800-778-7879, or writing to American Arbitration Association, 1633 Broadway,
10th Floor, New York, NY, 10019.
10. Out of Warranty Repairs. Any services provided to You by Acer that are not
within the scope of the Product Limited Warranty or that are not covered by an
extended service plan are governed by this Agreement and are otherwise subject to
This provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1,
the terms of the Acer out-of-warranty service procedures and any applicable service
order. For a period of ninety (90) days after services are performed, Acer warrants
that services provided by it were performed in a professional and workmanlike
manner. If your problem recurs within the 90-day service warranty period, Acer will,
at its option, (i) re-perform the services, (ii) replace the Product pursuant to the
terms of this Agreement, (iii) permit You to return the Product and issue a refund
pursuant to the terms of this Agreement, (iv) refund the amount You paid for the
services. If You purchased an extended service plan from Acer or from a third party,
please refer to the extended service plan for its coverage, duration and terms of
service.
agreed to in writing by Acer. If any term of this Agreement is illegal or unenforceable,
the legality and enforceability of the remaining provisions shall not be affected
or impaired. [The exclusivity of the following provision is not applicable to
Quebec consumers] THIS AGREEMENT AND ANY SALES THEREUNDER SHALL
BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.
12. Privacy Notice. You can review Acer's Privacy Policy on our web site, located at
in accordance with its Privacy Policy.
13. For Residents of Canada: This Agreement is subject to the applicable
provisions of Canadian consumer protection laws that cannot be derogated from
by private agreement or which may prohibit the application of any provision or
stipulation herein.
11. General. Acer and its subsidiaries and affiliates are intended beneficiaries of this
Agreement. Any inconsistency between this Agreement and any other agreement
included with or relating to products or services purchased from Acer, other than
an extended service plan, shall be governed by this Agreement. This Agreement
may not be modified, altered or amended without the written agreement of Acer
which specifically states that the writing is intended to modify, alter or amend this
Agreement. Any additional or altered terms shall be null and void, unless expressly
To the extent that any stipulation or provision is so prohibited it: i) shall be construed
as if it had been omitted from this Agreement; (ii) will not affect the legality, validity
or enforceability of that provision in any other jurisdiction; and (iii) the remaining
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| General | Details |
|---|---|
| Name | acer 952483 WAVE 7 Wi-Fi Mesh Router User Guide |
| Make | Acer |
| Language | English |
| Filetype | PDF (Download) |
| File size | 1.95 MB |
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