Common use of LIABILITY DISCLAIMER AND LIMITATION Clause in Contracts

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-user.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY AND OTHER SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU THE PURCHASER MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAWYOU. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, RESTRICTION OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND SEGWAY DEALERSPARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable lawTO THE EXTENT PERMITTED BY APPLICABLE LAW, SEGWAY PARTIES hereby HEREBY DISCLAIM any liability and thereby shall not be responsible for any damagesANY LIABILITY AND THEREBY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, including but not limited to deathINCLUDING BUT NOT LIMITED DEATH, bodily injuryBODILY INJURY OR DAMAGES TO PROPERTY, or damages to property, arising out of or related to any conduct ARISING OUT OF OR RELATED TO ANY CONDUCT (including misconductINCLUDING MISCONDUCT), actionACTION, inactionINACTION, act ACT (including failure to actINCLUDING FAILURE TO ACT), omission or negligence by any authorized or unauthorized dealerOMISSION OR NEGLIGENCE BY ANY AUTHORIZED OR UNAUTHORIZED DEALER, distributorDISTRIBUTOR, wholesalerWHOLESALER, retailerRETAILER OR THIRD PARTY THAT INVOLVES INTO DISTRIBUTION OF PRODUCT OR THE SERVICES THERETO. TO THE EXTENT PERMITTED BY APPLICABLE LAW, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable lawTHE EXPLICIT REPRESENTATIONS, the explicit representations and warrantiesAND WARRANTIES, if anyIF ANY, provided hereinPROVIDED HEREIN, shall be the only warranties and representations made by SHALL BE THE ONLY WARRANTIES AND REPRESENTATIONS MADE BY SEGWAY PARTIES to YOU, any consumer, and/or end-userTO ANY CONSUMER OR END USER. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-userSHALL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTIES AND/OR REPRESENTATIONS THAT MAY BE GIVEN AND/OR PROVIDED BY ANOTHER PERSON, UNLESS SEGWAY PARTIES HAVE IN A WRITTEN FORM EXPLICITLY AUTHORIZED SUCH ADDITIONAL WARRANTY AND/OR REPRESENTATION TO BE GIVEN TO CONSUMER OR END USER.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY AND OTHER SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU THE PURCHASER MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION DURATOIN AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY MERCHANTABILIT AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED LIMIED WARRANTY. THE FOREGOING LIMITATIONS LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, RESTRICTION OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND SEGWAY DEALERSPARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE OTHEWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, injury or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider retailer or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-consumer or end user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person person, unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-end user.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY AND OTHER SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU THE PURCHASER MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION DURATOIN AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY MERCHANTABILIT AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED LIMIED WARRANTY. THE FOREGOING LIMITATIONS LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATIONLIMITA- TION, RESTRICTION, RESTRICTION OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-user.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY NINEBOT AND OTHER SEGWAY NINEBOT PARTIES DO NOT ASSUME ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY NINEBOT AND OTHER NINEBOT PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU THE PURCHASER MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAWYOU. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY NINEBOT AND SEGWAY OTHER NINEBOT PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY NINEBOT AND OTHER SEGWAY NINEBOT PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, RESTRICTION OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, NINEBOT OR OTHER SEGWAY PARTIES AND SEGWAY DEALERSNINEBOT PARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAYNINEBOT’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, NINEBOT OR OTHER SEGWAY NINEBOT PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY NINEBOT OR OTHER SEGWAY NINEBOT PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable lawTO THE EXTENT PERMITTED BY APPLICABLE LAW, SEGWAY NINEBOT PARTIES hereby HEREBY DISCLAIM any liability and thereby shall not be responsible for any damagesANY LIABILITY AND THEREBY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, including but not limited to deathINCLUDING BUT NOT LIMITED DEATH, bodily injuryBODILY INJURY OR DAMAGES TO PROPERTY, or damages to property, arising out of or related to any conduct ARISING OUT OF OR RELATED TO ANY CONDUCT (including misconductINCLUDING MISCONDUCT), actionACTION, inactionINACTION, act ACT (including failure to actINCLUDING FAILURE TO ACT), omission or negligence by any authorized or unauthorized dealerOMISSION OR NEGLIGENCE BY ANY AUTHORIZED OR UNAUTHORIZED DEALER, distributorDISTRIBUTOR, wholesalerWHOLESALER, retailerRETAILER OR THIRD PARTY THAT INVOLVES INTO DISTRIBUTION OF PRODUCT OR THE SERVICES THERETO. TO THE EXTENT PERMITTED BY APPLICABLE LAW, service provider or third party that involves into the distribution of Product or the services theretoTHE EXPLICIT REPRESENTATIONS, AND WARRANTIES, IF ANY, PROVIDED HEREIN, SHALL BE THE ONLY WARRANTIES AND REPRESENTATIONS MADE BY NINEBOT PARTIES TO ANY CONSUMER OR END USER. To the extent permitted by applicable lawNINEBOT PARTIES SHALL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTIES AND/OR REPRESENTATIONS THAT MAY BE GIVEN AND/OR PROVIDED BY ANOTHER PERSON, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY UNLESS NINEBOT PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-userHAVE IN A WRITTEN FORM EXPLICITLY AUTHORIZED SUCH ADDITIONAL WARRANTY AND/OR REPRESENTATION TO BE GIVEN TO CONSUMER OR END USER.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY THE SITE, THE SERVICES, AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER SEGWAY PARTIES DO NOT ASSUME ELEMENTS INCLUDED IN OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALFAVAILABLE THROUGH THE SITE OR THE SERVICES (COLLECTIVELY, ANY OTHER OBLIGATION OR LIABILITY THE “CONTENTS”) MAY INCLUDE ERRORS. WE MAY, IN CONNECTION WITH THE PRODUCTOUR SOLE DISCRETION, ITS COMPONENT PARTSMAKE IMPROVEMENTS, ACCESSORIES, SERVICE REPAIRDELETIONS, OR THIS LIMITED WARRANTY. SEGWAY PARTIES AND SEGWAY DEALERS OTHER CHANGES IN THE SITE, THE SERVICES OR THE CONTENTS AT ANY TIME WITHOUT NOTICE, BUT WE ARE NOT RESPONSIBLE REQUIRED TO DO SO. WE MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE, THE SERVICES OR TO PORTIONS OF THE SITE OR THE SERVICES WITHOUT NOTICE OR LIABILITY. PLEASE INFORM ITCS OF ANY ERRORS AT xxxxxxx@xxxxxxxx.xxx WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE, THE SERVICES OR THE CONTENTS FOR ANY LOSS OF USE OF A PRODUCTPURPOSE. THE SITE, ITS COMPONENT PARTS, ACCESSORIES, THE SERVICES AND THE CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT CONDITION OF ANY DEFECT IN A PRODUCTKIND, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES WITH REGARD TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY HEREIN IS SITE, THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT SERVICES, THE CONTENTS AND ITS COMPONENT PARTSANY THIRD PARTY SERVICES, ACCESSORIESINCLUDING, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF WITHOUT LIMITATION, ALL IMPLIED WARRANTIESWARRANTIES OR CONDITIONS OF MERCHANTABILITY, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES, CONTENTS OR ANY THIRD PARTY SERVICES. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE, THE SERVICES, THE CONTENT, THE THIRD PARTY SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, THE SERVICES, THE THIRD PARTY SERVICES OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE, THE SERVICES, THE THIRD PARTY SERVICES THE CONTENTS OR ANY ERRORS CONTAINED THEREIN. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (A) ANY SERVICES DATA (OTHER THAN LIABILITY DIRECTLY ARISING DUE TO OUR BREACH OF OUR OBLIGATIONS UNDER THESE TERMS WITH RESPECT TO SUCH SERVICES DATA), CONTENT OR MATERIALS YOU POST OR SEND USING THE SITE OR THE SERVICES, (B) THE CONDUCT OF ANY OTHER CLIENTS OF OURS OR THEIR RESPECTIVE USERS, OR (C) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COURSE IN NO EVENT WILL WE OR OUR AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF DEALINGOR IN CONNECTION WITH THE SITE, COURSE THE SERVICES, THE CONTENTS OR ANY THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PERFORMANCEDATA OR PROFITS, USAGE LOSS OF TRADE OR DAMAGE TO PROPERTY OR CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, TO EVEN IF ADVISED OF THE DURATION POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THE SITE, THE SERVICES OR ANY OF THE TERMS OF THIS EXPRESS LIMITED WARRANTY. AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON SITE AND THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOUSERVICES. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OF ITCS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED RELATING TO THE PURCHASE USE OF THE PRODUCTSITE, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) THE SERVICES OR OTHERWISE EXCEEDS THE DUTY CONTENTS EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE USE OF THE PRODUCTSITE, ANY BREACH OF THIS AGREEMENT THE SERVICES OR MANUFACTURER’S DUTIES REGARDLESS OF THE CONTENTS, AS THE CASE MAY BE, DURING THE SIX (A6) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO MONTHS PRIOR TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOUDATE OF ANY CLAIM. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall We are not be liable or responsible for any damages, including but not limited to death, bodily injury, delays or damages to property, arising out failure in performance of any part of the Site or related Services due to any conduct cause beyond our control, including, without limitation, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. You agree that ITCS has entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including misconductthe risk that a contract remedy may fail of its essential purpose and cause consequential loss), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party and that involves into they form an essential basis of the distribution of Product or bargain between the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-userparties.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE AA PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY AND OTHER SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A AA PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A AA PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU THE PURCHASER MAY HAVE AS A AA RESULT OF ANY DEFECT IN A AA PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAWYOU. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A AA PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, RESTRICTION OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND SEGWAY DEALERSPARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law6 m6 monotnhtshs TO THE EXTENT PERMITTED BY APPLICABLE LAW, SEGWAY PARTIES hereby HEREBY DISCLAIM any liability and thereby shall not be responsible for any damagesANY LIABILITY AND THEREBY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, including but not limited to deathINCLUDING BUT NOT LIMITED DEATH, bodily injuryBODILY INJURY OR DAMAGES TO PROPERTY, or damages to property, arising out of or related to any conduct ARISING OUT OF OR RELATED TO ANY CONDUCT (including misconductINCLUDING MISCONDUCT), actionACTION, inactionINACTION, act ACT (including failure to actINCLUDING FAILURE TO ACT), omission or negligence by any authorized or unauthorized dealerOMISSION OR NEGLIGENCE BY ANY AUTHORIZED OR UNAUTHORIZED DEALER, distributorDISTRIBUTOR, wholesalerWHOLESALER, retailerRETAILER OR THIRD PARTY THAT INVOLVES INTO DISTRIBUTION OF PRODUCT OR THE SERVICES THERETO. TO THE EXTENT PERMITTED BY APPLICABLE LAW, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable lawTHE EXPLICIT REPRESENTATIONS, the explicit representations and warrantiesAND WARRANTIES, if anyIF ANY, provided hereinPROVIDED HEREIN, shall be the only warranties and representations made by SHALL BE THE ONLY WARRANTIES AND REPRESENTATIONS MADE BY SEGWAY PARTIES to YOU, any consumer, and/or end-userTO ANY CONSUMER OR END USER. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-userSHALL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTIES AND/OR REPRESENTATIONS THAT MAY BE GIVEN AND/OR PROVIDED BY ANOTHER PERSON, UNLESS SEGWAY PARTIES HAVE IN AA WRITTEN FORM EXPLICITLY AUTHORIZED SUCH ADDITIONAL WARRANTY AND/OR REPRESENTATION TO BE GIVEN TO CONSUMER OR END USER.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALFBird does not assume, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTnor authorizes anyone to assume on its behalf, ITS COMPONENT PARTSany other obligation or liability in connection with a Product, ACCESSORIESits component parts, SERVICE REPAIRaccessories, OR THIS LIMITED WARRANTYservice repair, or this Limited Warranty. SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCTBird is not responsible for any loss of use of a Product, ITS COMPONENT PARTSits component parts, ACCESSORIESaccessories, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCTor for any inconvenience or other loss or damage which might be caused from any defect in a Product, ITS COMPONENT PARTSits component parts, ACCESSORIESaccessories, SERVICE REPAIRservice repair, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCTor for any other incidental or consequential damages the purchaser may have as a result of any defect in a Product, ITS COMPONENT PARTSits component parts, ACCESSORIESaccessories, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAWor service repair. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY BIRD AND SEGWAY PARTIES ITS AFFILIATED COMPANIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING OTHER THAN THOSE WARRANTIES IMPLIED BY LAW, COURSE AND INCAPABLE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTYUNDER APPLICABLE LAW. FOR ANY WARRANTY THAT SUCH IMPLIED WARRANTIES WHICH MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BE REQUIRED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDEDARE NOT DISCLAIMED HEREBY ARE LIMITED, RESTRICTED TO THE EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF THIS LIMITED WARRANTY, OR MODIFIED BY TO THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE APPLICABLE TIME PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/COUNTRY/ STATE LAW, WHICHEVER PERIOD IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN INCIDENTAL OR ALL OF THE FOREGOING CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS ABOVE LIMITATION OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY EXCLUSION MAY NOT APPLY TO YOUSOME PURCHASERS. BIRD’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS, JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS DETERMINED IN BIRD’S DISCRETION, AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-user.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES (INCLUDING, WITHOUT LIMITATION, THE SERVICE), CONTENTS, GRAPHICS DOCUMENTS AND OTHER SEGWAY PARTIES ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE OR ITS CONTENTS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS , DELETIONS, AND/OR OTHER CHANGES IN THE SITE AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE FEATURE, SOFTWARE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT WE SHALL BE UNDER NO OBLIGATION TO DO SO. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM NUTRI-LINK AT:INFO@N- XXXXX.XXX WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND NUTRI-LINK AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE CONTENTS AND ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS AND ANY LINKED SITE. WE DO NOT ASSUME WARRANT THAT ANY MATERIAL OR AUTHORIZE ANYONE FUNCTIONS IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERATLITY OF THE FOREGOIN, NUTR-LINK DOES NOT WARRANT OR GUARANTEE THAT THE DATA OR INFORMATION YOU SUBMIT THROUGH THE SITE OR THE SERVICES WILL BE POPULATED WITHOUT ERROR INTO THE RELATED APPLICATION FORM(S) OR THAT TRANSMISSION OF SUCH DATA, INFORMATION OR FORMS TO ASSUME ON THE APPROPRIATE RECIPIENT(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETE; PROVIDED, HOWEVER, THAT NUTRI-LINK SHALL USE COMMERCIALLY REASONABLE EFFORTS IN ACCORDANCE WITH INDUSTRY STANDARDS TO MINIMIZE ERRORS IN THE SERVICES OR THE TRANSMISSION OF INFORMATION OR DATA TO THE APPROPRIATE RECEIPIENT(S) AND, UPON BECOMING AWARE OF ANY SUCH ERRORS OR INTERRUPTIONS, WILL MAKE REASONABLE EFFORTS TO CORRECT THE SAME, TO THE EXTENT SUCH CORRECTION IS WITHIN NUTRI-LINK’S CONTROL. FURTHER, NUTRI-LINK DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, APPROVAL OF YOUR APPLICATION. WE SHALL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OR ANY ERRORS CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRI-LINK AND/OR ITS BEHALFSUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY OTHER OBLIGATION DAMAGES WHATSOEVER ARISING OUT OF OR LIABILITY IN CONNECTION WITH IN ANY WAY THE PRODUCTSITE, ITS COMPONENT PARTSCONTENTS OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, ACCESSORIESINCLUDING (WITHOUT LIMITATION) COMPENSATORY, SERVICE REPAIRDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR THIS LIMITED WARRANTY. SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY PUNITIVE DAMAGES, LOSS OF USE USE, DATA OR PROFITS, LOSS OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCTTO PROPERTY AND CLAIMS OR THIRD PARTIES, ITS COMPONENT PARTSWHETHER BASED ON CONTRACT, ACCESSORIESTORT, SERVICE REPAIRNEGLIGENCE, STRICT LIABILITY OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OTHERWISE, EVEN IF ADVISED OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIRTHE POSSIBILITY OF DAMAGES. BECAUSE SOME COUNTRIES/STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER IF YOU ARE DISSATISFIED WITH ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE PORTION OF THE PRODUCTSITE, BREACH THE SERVICES OR ANY OF CONTRACTTHE TERMS OR CONDITIONS CONTAINED IN THIS POLICY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S YOUR SOLE AND EXCLUSIVE DISCRETIONREMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. IN NO EVENT SHALL BE SEGWAYTERMINATION/ACCESS RESTRICTION We reserve the right, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIALin our sole discretion, INDIRECTto suspend the Site or your use of the Site or terminate this Policy or your access to the Site and the related services or any portion thereof at any time, INCIDENTALwithout notice, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damagesreason, including but not limited to deathincluding, bodily injuryin the case of the Policy, or damages to propertyfor your violation of any of its provisions. The Liability Disclaimer and Limitation, arising out Submissions, Indemnification and General sections of or related to this Policy shall survive any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-usertermination.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALFCMS does not assume, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTnor authorizes anyone to assume on its behalf, ITS COMPONENT PARTSany other obligation or liability in connection with a Product. It’s component parts, ACCESSORIESaccessories, SERVICE REPAIRservice repair, OR THIS LIMITED WARRANTYor this Limited Warranty. SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCTCMS is not responsible for any loss of use of a Product, ITS COMPONENT PARTSits component parts, ACCESSORIESaccessories, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCTor for any inconvenience or other loss or damage which might be caused from any defect in a Product, ITS COMPONENT PARTSits component parts, ACCESSORIESaccessories, SERVICE REPAIRservice repair, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCTor for any other incidental or consequential damages the purchaser may have as a result of any defect in a Product, ITS COMPONENT PARTSits component parts, ACCESSORIESaccessories, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAWor service repair. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY CMS AND SEGWAY PARTIES ITS AFFILIATED COMPANIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING OTHER THAN THOSE WARRANTIES IM PLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION. OR MODIFICATION UNDER APPLICABLE LAW. ANY SUCH IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE EXTENT ALLOWED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION APPLICABLE PERIOD OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON TO THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE APPLICABLE TIME PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER PERIOD IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME PURCHASERS. CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS, JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE EXTENT THAT REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED, UNLESS SUCH LIMITATIONS OR AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. SOME COUNTRIES/STATES DO NOT ALLOWED BY LAW, ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-user.

LIABILITY DISCLAIMER AND LIMITATION. (INCLUDING NEGLIGENCE) OR OTHEWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME ASSUME, OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY. SEGWAY AND OTHER SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU THE PURCHASER MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION DURATOIN AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY MERCHANTABILIT AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED LIMIED WARRANTY. THE FOREGOING LIMITATIONS LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, RESTRICTION OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND SEGWAY DEALERSPARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, SEGWAY OR OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, injury or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider retailer or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-consumer or end user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person person, unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-end user.

LIABILITY DISCLAIMER AND LIMITATION. SEGWAY Neither Segway assumes, or authorizes anyone to assume on its behalf, any other obligation or liability in connection with a Product, its component parts, accessories, service repair, or this Limited Warranty. Segway is not responsible for any loss of use of a Product, its component parts, accessories, or for any inconvenience or other loss or damage which might be caused from any defect in a Product, its component parts, accessories, service repair, or for any other incidental or consequential damages the purchaser may have as a result of any defect in a Product, its component parts, accessories, or service repair. EXCEPT ONLY TO THE EXTENT MANDATORILY REQUIRED BY AN APPLICABLE LAW, THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO PRODUCT AND OTHER SEGWAY PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND THEIR RESPECTIVE AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. ANY SUCH IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE EXTENT ALLOWED BY LAW, TO THE APPLICA- BLE PERIOD OF THIS LIMITED WARRANTY. SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCTTO THE APPLICABLE TIME PERIOD PROVIDED BY THE APPLICABLE LAW, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIRWHICHEVER PERIOD IS SHORTER. SOME COUNTRIES/STATES COUNTRIES DO NOT ALLOW LIMITA- TIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAWSOME PURCHASERS. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT NINEBOT’S AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SEGWAY, OTHER SEGWAY PARTIES AND SEGWAY DEALERS’ ’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS, JOINT AND SEVERALLY—EXCEPT TO THE EXTENT SUCH CLAIMS UNDER ARISE FROM GROSS NEGLIGENCE OR WILLFULL MISCON- DUCT OF NINEBOT OR SEGWAY OR ITS SENIOR MANAGEMENT—ARISING HEREUNDER AND ANY AND ALL APPLICABLE WARRANTIES AT LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED ARE LIMITED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE REPLACEMENT OF ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO AS DETERMINED IN NINEBOT’S OR SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE SEGWAY, OTHER SEGWAY PARTIES AND AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACTALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH LIMITATIONS LIMITA- TIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless Segway Parties have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer or end-user.