Limitation of Liability:
To the fullest extent permitted by law, Dry Water Corp and its affiliates, officers, employees, agents, or any other Dry Water Corp parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the StepBack Shower products or website under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise).
This includes, but is not limited to, damages for personal injury (including burns or scalding), property damage, water damage, loss of profits, data loss, business interruption, accuracy of results, computer failure or malfunction, or any other commercial or personal losses, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising from or related to the purchase or use of our products shall not exceed the amount actually paid by you for the specific product giving rise to the claim.
You acknowledge and agree that proper installation and maintenance of plumbing fixtures is the responsibility of a qualified professional. We are not responsible for any scalding, damages or injuries resulting from improper installation, misuse, neglect, alterations, fluctuating water pressure, or incompatible plumbing systems.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
Limited Warranty:
Any Product purchased from Dry Water will be free of defects in materials and workmanship for a period of twenty-four (24) months from the date of sale (“Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, Dry Water will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Dry Water's sole discretion. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the remaining Warranty Period. Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Dry Water of the intention to make a claim by contacting us at [insert company email] during the Warranty Period and providing a description of the alleged failure, and (b) comply with Dry Water's return shipping instructions. Dry Water will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below). This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products that have been subject to:
-Modifications, alterations, tampering, improper maintenance or repairs.
-Handling, storage, improper installation, testing, or use not in accordance with the Terms of Use or other instructions provided by Dry Water.
-Abuse or misuse of the product.
-Events outside of Dry Water's control, including breakdowns, fluctuations, or interruptions in electric power or the telecommunications network.
-Natural disasters or environmental factors, including but not limited to lightning, flood, tornado, earthquake, or hurricane.
-Damage or loss which occurs during shipment.
-Damage or loss resulting from sediments or foreign matter contained in a water system, including damage caused by chlorine or chlorine-related products.
This Limited Warranty does not apply to anything other than the Products, including the Services, even if packaged or sold with the Products. Dry Water does not warrant that the operation of the product will be uninterrupted or error-free. This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
