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Valve Hardware Warranty

HARDWARE LIMITED WARRANTY & AGREEMENT

LOCAL APPLICABILITY

IF YOU ARE A CONSUMER WHO LIVES IN THE EUROPEAN UNION, THIS DOCUMENT IN ITS ENTIRETY DOES NOT APPLY TO YOU. INSTEAD, YOU ARE ENTITLED TO THE STATUTORY WARRANTIES AND LEGAL RECOURSES PROVIDED BY YOUR HOME JURISDICTION.

IF YOU ARE A CONSUMER WHO LIVES IN AUSTRALIA, NEW ZEALAND, OR THE PROVINCE OF QUEBEC (CANADA), THE LIMITED WARRANTY CONTAINED IN THIS DOCUMENT DOES NOT APPLY TO YOU; INSTEAD YOU ARE ENTITLED TO THE STATUTORY WARRANTIES PROVIDED BY YOUR HOME JURISDICTION.

FURTHERMORE, IF YOU ARE A CONSUMER WHO LIVES IN THE PROVINCE OF QUEBEC (CANADA), SECTION 6.0 (BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER) DOES NOT APPLY TO YOU.

AGREEMENT

SECTION 6.0 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.

By purchasing or using the Hardware, you agree to this Limited Warranty & Agreement. If you do not agree, do not use the Hardware, but return it to Valve for a refund as described in the Hardware Refund Policy. Valve will refund your shipping charges for the least expensive method if you return it for this reason and you have not used the Hardware.

This Limited Warranty & Agreement (“Warranty”) applies to Valve hardware products including without limitation: the Steam® Controller, Steam® Link and Valve Index components and related accessories (individually and collectively, the "Hardware"). This Warranty is provided by Valve Corporation.

For Hardware purchased through the internet, the Hardware will be deemed for all purposes to have been purchased in the country where the original Purchaser (“Purchaser”) lived when buying the Hardware. This Warranty is transferrable to natural persons who receive the Hardware as a gift from the Purchaser; transfer pursuant to this sentence shall not otherwise expand this Warranty. Purchaser remains bound to comply with his or her obligations under this Warranty, including dispute resolution/binding arbitration/class action waiver.

1.0 Limited Warranty

Valve warrants the Hardware to be free from defects in materials and workmanship under ordinary consumer use for one (1) year starting from the date of shipment (the "Warranty Period"). During the Warranty Period, if the Hardware does not work properly due to a defect in materials or workmanship, and provided you follow the return instructions set forth below for obtaining warranty service, Valve will, at Valve's option, either: (i) repair the Hardware; (ii) replace the Hardware with a new or refurbished product with equal or greater features and functions as the Hardware, or (iii) refund your purchase price. THIS IS YOUR ONLY REMEDY.

Returns. You may have a right to return your Hardware for a refund within a certain number of days after your purchase is made. To view the Hardware Refund Policy, click here.

This Warranty applies, to the extent permitted by law, to any replacement Hardware for the remainder of the original Warranty Period or for ninety (90) days, whichever period is longer. All replaced parts, and all Hardware for which a refund is given, shall become the property of Valve.

2.0 Service and Return Instructions

For detailed instructions about how to obtain warranty service for your Hardware, visit our RMA Guide

You must notify Valve of your warranty claim via the Support Pages during the Warranty Period and prior to shipping or transporting the Hardware to Valve, provide (upon request) a dated sales receipt for the Hardware, and satisfy all other terms and restrictions set forth in this Warranty. In the United States of America, Valve will provide a return shipping address, prepaid shipping label for the outside of the box you ship, and an RMA (Returned Materials Authorization) label, which must be placed inside the box you ship. In other countries, you must return the Hardware to your retail place of purchase or as we may otherwise direct.

Hardware must be transported or shipped to a Valve-designated service center in either the original packaging or in equally protective packaging. Provided the Hardware requires repair or replacement and such repair or replacement is covered by this Warranty, Valve will be responsible for the costs of shipping repaired or replacement Hardware back to you. If the Hardware does not require repair or replacement, you will be responsible for the costs of shipping the Hardware back to you. If you send your Hardware, but do not include all components or information requested in the Support Pages, it could delay your repair, and cost you shipping costs to send the requested components or information so that Valve may repair the Hardware. If the Hardware does require repair or replacement, but the Warranty does not apply (e.g., due to misuse), Valve will contact you regarding replacement options and associated costs and payment options, including the costs of shipping the Hardware back to you. Valve will not return Hardware that is shipped to Valve without pre-authorization or return any part or Hardware that is replaced pursuant to the Warranty.

3.0 Exclusions

The Warranty does not apply if the Hardware:

  1. Has been modified or repaired by anyone except a Valve-designated service center and the cause of the issue for which you seek service is the modification or repair, or damage caused by either;
  2. Has had its serial number removed, altered, replaced, defaced, or rendered illegible;
  3. Is abused, misused, improperly maintained, mishandled, or neglected;
  4. Is damaged by exposure to an accident, natural disaster, or any other events or circumstances outside Valve's control;
  5. Is used in any manner inconsistent with the acceptable practices identified in the Hardware manual;
  6. Is cleaned in any manner other than as specified in the Hardware manual;
  7. Is returned for repair or replacement in packaging that does not meet the specifications identified, above, in the return instructions, or is otherwise mishandled by Purchaser or the common carrier prior to its return;
  8. Is used for commercial purposes; or
  9. Is sold "AS IS" or in "REFURBISHED" condition.

This Warranty does not apply to normal usage or ordinary wear and tear, including, without limitation, scratches or marks on the Hardware's exterior.

4.0 Limitations

IF YOUR LOCAL LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS THE SAME AS THIS WARRANTY. SOME STATES, PROVINCES, OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNLESS OTHERWISE PROVIDED UNDER YOUR LOCAL LAW, VALVE IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR HARDWARE. THESE EXCLUSIONS APPLY EVEN IF VALVE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES, PROVINCES, AND 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 PERMITTED BY YOUR LOCAL LAW, IF YOU HAVE ANY BASIS FOR A REMEDY BEYOND REPAIR, REPLACEMENT, OR REFUND, VALVE’S LIABILITY TO YOU CAN BE NO MORE THAN THE PURCHASE PRICE PAID FOR THE HARDWARE.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.

5.0 Governing Law and Place to Resolve Disputes

You and Valve agree that this Warranty shall be deemed to have been made and executed in the State of Washington, U.S.A., and Washington law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all claims arising out of or relating to: (i) any aspect of the relationship between us; (ii) this Warranty; or (iii) the Hardware, its price, the purchase transaction, or anything else relating to the Hardware except that the U.S. Federal Arbitration Act governs arbitration as far as your country’s laws permit. Subject to the Dispute Resolution/Binding Arbitration/Class Action Waiver below, you and Valve agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction. You and Valve consent to the exclusive jurisdiction of such courts. In any dispute, the prevailing party will be entitled to attorneys’ fees and expenses (except arbitration—see Section 6.0 Dispute Resolution/Binding Arbitration/Class Action Waiver).

6.0 Agreement: Dispute Resolution/Binding Arbitration/Class Action Waiver

This Section 6.0 shall apply to the maximum extent permitted by applicable law. IN PARTICULAR, IF YOU LIVE IN THE PROVINCE OF QUEBEC (CANADA) OR THE EUROPEAN UNION, THIS SECTION 6.0 DOES NOT APPLY TO YOU.

Most user concerns can be resolved by use of our Steam Support Site. If Valve is unable to resolve your concerns and a dispute remains between you and Valve, this Section explains how the parties have agreed to resolve it.


A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft

YOU AND VALVE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS WARRANTY; OR (iii) THE HARDWARE, ITS PRICE, THE PURCHASE TRANSACTION, OR ANYTHING ELSE RELATING TO THE HARDWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.

However, this Section 6.0 does not apply to the following types of claims or disputes, which you or Valve may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.

This Section 6.0 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND VALVE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.


B. Try to Resolve Dispute Informally First

You and Valve agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Valve do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or Valve may commence an arbitration. Written notice to Valve must be sent via postal mail to: ATTN: Arbitration Notice, Valve Corporation, P.O. Box 1688, Bellevue, WA 98004.


C. Arbitration Rules and Fees

The U.S. Federal Arbitration Act applies to this Section 6.0 as far as your country’s laws permit. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules, if the Consumer Arbitration rules are inapplicable) of the American Arbitration Association (“AAA”) as modified by this Agreement. Rules are available at http://www.adr.org.

The AAA will administer the arbitration. Outside the U.S., Valve will select a neutral arbitration provider that uses these or similar rules. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.

If you seek $10,000 or less, Valve agrees to promptly reimburse your filing fee and your share if any of AAA’s arbitration costs, including arbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. Valve agrees not to seek its attorneys’ fees or costs unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more than $10,000 and the AAA Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator compensation, will be split between you and Valve according to the AAA Commercial Arbitration Rules.


D. Individual Binding Arbitration Only

YOU AND VALVE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, WHISTLE BLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF AAA’s RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and Valve also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.


E. What Happens if Part of Section 6.0 Is Found Illegal or Unenforceable

If any part of Section 6.0 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of Section 6.0 will be unenforceable and the claim or dispute will be resolved in court.

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