ROAR for Good's Terms of Service
Last Updated: December 12, 2015
NOT A REPLACEMENT FOR 911. The Services (including, without limitation, the App) are not a replacement for 911. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, CALL 911 and/or the appropriate authorities and do not rely on the Services. Even if your mobile device and the App has connectivity, ROAR does not guarantee and has no control over whether your messages will be delivered real-time, immediately accessed by or responded to by any recipient or emergency responder.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS (MEANING THE PARTIES GIVE UP THE RIGHT TO SEEK RELIEF IN A COURT OF LAW), A WAIVER OF YOUR ABILITY TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Sections 17, 18, and 21 for important information affecting your rights) . These provisions form an essential basis of our bargain. If you do not agree to these Terms, you are not authorized to access or use the Site or the Services offered on the Site and you should stop using and exit the Site.
3) ROAR ACCOUNT. Your ROAR account, as applicable, gives you access to certain Services. You may never use another User’s account (except with such User’s express permission and on such User’s behalf). When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify ROAR immediately of any breach of security or unauthorized use of your account. ROAR will not be liable for any losses caused by any unauthorized use of your account.
4) LICENSE AND INTELLECTUAL PROPERTY RIGHTS.
(a) Subject to the terms and conditions of these Terms of Service, ROAR grants you a revocable, non-exclusive, non-transferable, non-licensable, non-commercial, limited license, during the Term, to use the Services and, when available, to download, install, and use the App on any appropriate Mobile Device that you own or control, solely by you. You may not copy, reproduce or distribute the App. You will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the App or any right to access or use the Service.
(b) ROAR owns or licenses all intellectual property rights in, to and associated with the Services (including, without limitation, the App, and by your use, you do not acquire any intellectual property right therein.
Copyright © 2016, ROAR for Good, Inc. ALL RIGHTS RESERVED. All software used as part of the Services is the property of ROAR or its software suppliers and protected by United States and international copyright and other laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Services.
(c) The App may include functionality to automatically check for updates or upgrades to the App. You hereby agree that ROAR may make such updates or upgrades available to you from time-to-time. These Terms of Service will govern any upgrade provided by ROAR that replaces and/or supplements the original App (or any component thereof), unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You specifically agree not to use the Services to:
A. send or upload Content that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;
B. send or upload Content that is harmful to minors in any way;
C. impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit messages through the Services to another;
E. send or upload Content that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
F. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
G. intentionally or unintentionally violate any applicable federal, state, local, national or international law;
H. stalk or otherwise harass another;
I. harvest or otherwise collect or store personal data about other Users; or
J. play pranks on, falsely report events, harass or otherwise mislead any User or third party emergency responder.
9) THIRD PARTY WEB LINKS. The Services or Content contained therein may contain links to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. Such websites and services are not under ROAR’s control, and you acknowledge that ROAR is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by ROAR or any association with its operators. You further acknowledge and agree that ROAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third party website or resource.
10) NOTIFICATIONS. You agree that certain Services may allow for, upon activation, notification via text messages to and from cell phones and other devices that are listed in your profile, as well as to and from emergency responders. You also agree that, from time to time, Company may notify you through the Services or by email, to provide you with information regarding or related to the Services. You understand that the technical processing and transmission of the Services, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
11) IDEAS AND SUGGESTIONS. ROAR wishes to continually improve and expand the Services. ROAR welcomes any ideas, suggestions, or feedback, related to the Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide ROAR with any Ideas, whether orally, in writing, or in any other way, you hereby assign and transfer all right, title and interest in and to all such Ideas to ROAR. You shall not provide ROAR with any Ideas that are subject to third party intellectual property rights or that include or reveal any confidential information of any third party.
12) TELECOMMUNICATIONS SERVICES. ROAR has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the Services. Some of our Services are available on mobile devices. Using some of our Services may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Services.
13) CONFIDENTIALITY. You agree that the Services were developed at considerable time and expense by ROAR and are confidential to and contain trade-secrets of ROAR. Except to the extent that ROAR is expressly precluded by law from prohibiting these activities, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Services; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) disclose any confidential or proprietary information related to the Services, including, without limitation, any Ideas, to any third party. You shall abide by all applicable local, provincial, state, national and international laws and regulations.
14) CLOSING YOUR ACCOUNT. You may cancel your ROAR account at any time. To cancel your account, email email@example.com. Include your name, the email address you registered with, and a phone number where you can be reached. Thereafter, we will use reasonable efforts to cancel your account within 48 hours of your cancellation request.
17) NO WARRANTY.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS AND RESELLERS (INCLUDING APPLICABLE THIRD PARTY APP STORES) DO NOT WARRANT THAT ANY CONTENT IN ANY SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL PROTECT YOU OR HELP YOU IN ANY DANGEROUS, EMERGENCY OR OTHER SITUATION; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. ANY USE OF THE SERVICES, INCLUDING USE IN AN EMERGENCY, IS AT YOUR OWN RISK.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
18) LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, RESELLERS, INCLUDING APPLICABLE THIRD PARTY APP STORES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR INJURY OR DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OPERATION OF THE SERVICES; (II) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY DISCLOSURES OF CONTENT OR OTHER DATA ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, DISCLOSED, OR OTHERWISE MADE AVAILABLE BY, THROUGH OR IN RELATION TO THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU IN THE AGGREGATE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
19) EXPORT AND PRIVACY LAW. The Services are controlled and operated from facilities in the United States. ROAR makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations, and agree to be bound by United States privacy laws, which may be less restrictive than the privacy laws of their home jurisdiction. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software related to the Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) by or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. Except to the extent otherwise explicitly stated, the Services are solely directed to individuals, companies, or other entities located in the United States.
21) JURISDICTION; DISPUTE RESOLUTION; ARBITRATION.
PLEASE READ CAREFULLY. THE FOLLOWING AFFECTS YOUR RIGHTS AND YOUR ABILITY TO BRING SUIT IN A COURT OF LAW
A. These Terms shall be treated as though they were executed and performed in the Commonwealth of Pennsylvania, U.S.A. and shall be governed by and construed in accordance with the laws of the United States of America and the Commonwealth of Pennsylvania (without regard to conflict of law principles).
B. SHOULD A DISPUTE ARISE BETWEEN YOU AND ROAR CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ROAR, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS, AND YOU AGREE TO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 21 are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATION SHALL BE CONDUCTED IN PHILADELPHIA, PENNSYLVANIA. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING ROAR IN WRITING AT 3401 MARKET STREET, SUITE 200, PHILADELPHIA, PA 19104 WITHIN THIRTY (30) DAYS AFTER OPENING YOUR ROAR ACCOUNT OR ORDERING OR PRE-ORDERING A PRODUCT. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
C. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST ROAR OR ITS AFFILIATES, AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT ROAR INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. Further, unless both you and ROAR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Should a dispute arise between you and ROAR and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania, U.S.A., and you hereby consent to the exercise of jurisdiction and venue by such courts. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
24) PRE-ORDERS; REFUNDS; RETURNS.
Roar is currently accepting pre-orders for the Athena safety jewelry (the “Product”). As part of the pre-order process, we our credit card processor will charge the credit card you provide. However, we do not guarantee that any pre-order will be fulfilled. If we are unable to fill your order, we will promptly issue you a refund.
The following returns policy is valid only for a Product purchased from our online store.
If you're not completely satisfied with your purchase for any reason, simply contact ROAR within 60 days of your purchase day to request a full refund.
To qualify for a refund once the company begins shipping, all of the following conditions must be met:
- The Product must be unused, undamaged and in its original packaging.
- You must request a Return Merchandise Authorization (RMA) from ROAR within 60 days of your purchase date and the Product must be received by us within 10 days after issuance of the RMA.
- Any returned Product must be packed in their original packaging including all accessories, manuals, documentation and registration that shipped with the Product.
- Shipping and handling charges, any other fees, and taxes paid (e.g., state, customs, VAT) are not refundable.
- Customers are responsible for shipping charges and shall assume all risk of loss or damage to the Product while in transit to ROAR.
Refunds will be processed and paid within 2 weeks of our receipt of the validly returned Product.
25) PRODUCT WARRANTY
THIS LIMITED WARRANTY IS VALID ONLY IN THE UNITED STATES FOR NEW PRODUCTS SOLD IN THE UNITED STATES FROM AN AUTHORIZED DEALER.
ROAR warrants the Athena safety jewelry (the "Product") against defects in materials and workmanship under normal use for a period of one year (365 days) from the date of retail purchase by the original consumer (the "Warranty Period"). This warranty is only valid for the original retail purchaser (the “Consumer”) and only from the date of initial retail purchase, and the Consumer must provide proof of purchase.
Consumer's sole and exclusive remedy, and ROAR's sole and exclusive responsibility under this warranty, if a hardware defect arises and a valid claim is received by ROAR within the Warranty Period, at its option and to the extent permitted by law, ROAR will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product, so that it performs substantially in accordance with the accompanying documentation on the date of Consumer’s initial purchase.
A replacement Product or part assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever is longer.
To obtain warranty service for the Product, Consumer must notify ROAR to obtain a Return Material Authorization ("RMA") and return the defective Product together with proof of purchase to the address specified by ROAR in connection with the RMA. Consumer will be responsible for, and pre-pay, all return shipping charges and shall assume all risk of loss or damage to product while in transit to ROAR. ROAR shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty. Any Product returned without an RMA or without proof of purchase will be returned to Consumer at Consumer's cost.
This Limited Warranty applies only to the Product manufactured by ROAR. The Limited Warranty does not apply to any (a) products and services other than the Product (such as accessories), (b) third party hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of ROAR or if the Product is inserted or installed in a casing not provided by ROAR. In addition, this Limited Warranty does not apply: (a) to damage caused by use with third party products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses not in accordance with the documentation by ROAR or with improper power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ROAR. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No ROAR reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited 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 SPECIFIED IN THIS LIMITED WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY ROAR. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE CONSUMER SPECIFIC LEGAL RIGHTS, AND CONSUMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.