8
4.3.3 DISCLAIMER AND LIMITATION OF WARRANTIES CONTINUED
THE TERM ‘CONSEQUENTIAL DAMAGES’ REFERS TO THE COST OF REPAIRING OR REPLACING OTHER PROP-
ERTY, WHICH IS DAMAGED WHEN THIS PRODUCT DOES NOT WORK PROPERLY, RESULTING FROM THE USE OR
INABILITY TO USE THE PRODUCTS, INCLUDING ANY DAMAGES INCURRED DUE TO THE NEGLIGENT OPERA-
TION OF A MOTOR VEHICLE, IN CONJUNCTION WITH THE USE OF SAID PRODUCTS. THE END-USER ACKNOWL-
EDGES ITS RESPONSIBILITY FOR THE USE OF THE PRODUCT. THE ADDITION OF GROM PRODUCTS AND ANY
AFTER-MARKET EQUIPMENT MAY ENHANCE THE VALUE OF A VEHICLE OR CAUSE A THIRD-PARTY TO ILLEGAL-
LY ATTEMPT TO REMOVE THE PRODUCTS AND AFTER-MARKET EQUIPMENT. GROM DISCLAIMS ANY LIABILITY
RELATED TO SUCH THEFT AND POTENTIAL DAMAGE TO PROPERTY. IT IS THE END-USERS RESPONSIBILITY TO
PROTECT ITS OWN PROPERTY. THE END-USER FURTHER ACKNOWLEDGES THAT THE OPERATION OF A
MOTOR VEHICLE IS AN INHERENTLY DANGEROUS ACTIVITY, AND BY ITS USE OF GROM’S PRODUCTS,
ACKNOWLEDGES THAT THE PRODUCTS ARE REMOTELY RELATED TO SAID MOTOR VEHICLE OPERATION, AND
THUS ANY DAMAGES CAUSED TO THE DRIVER OF THE VEHICLE, THE VEHICLE ITSELF OR ANY THIRD-PARTY
AND ITS PROPERTY IS NOT THE RESPONSIBILITY OF GROM, ITS AGENTS OR ITS PRINCIPALS AND IS THE SOLE
RESPONSIBILITY OF THE DRIVER OF SAID VEHICLE.
YOU, THE END-USER, OR ANY OTHER DRIVER OF THE VEHICLE, IS SOLELY RESPONSIBLE FOR THE SAFE
OPERATION OF THE VEHICLE AND THE SAFETY OF BOTH YOU AND THE PASSENGERS. FOR SAFETY PURPOS-
ES, THE PRODUCT SHOULD NOT BE USED FOR THE DRIVER’S ENTERTAINMENT, WHILE THE VEHICLE IS BEING
DRIVEN. SUCH USE COULD BE A DISTRACTION TO THE DRIVER, WHICH COULD CAUSE AN ACCIDENT LEADING
TO SERIOUS INJURY OR DEATH. IF YOU, THE END-USER ALLOW ANOTHER PERSON TO USE THE VEHICLE, IT IS
YOUR RESPONSIBILITY TO THOROUGHLY BRIEF THAT OTHER USER, ON THE SAFETY REQUIREMENTS FOR
OPERATING THE VEHICLE AND THE PRODUCTS INSTALLED THEREIN.
(B) SAID DISCLAIMERS SHALL APPLY TO THE USE OF SAID PRODUCTS, EVEN IF GROM HAS BEEN INFORMED OF,
KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION: BREACH OF CONTRACT, BREACH
OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IF GROM’S WAR-
RANTY DISCLAIMER OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL, OR FOR ANY REASON
WHATSOEVER, BE HELD UNENFORCEABLE OR INAPPLICABLE, YOU AND ANY OTHER END USER AGREE THAT
GROM’S LIABILITY SHALL NOT EXCEED (70%) OF THE PRICE PAID FOR THE ENCLOSED GROM PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Warranty Disclaimer and Limitation of Liability shall not be applicable to the extent that
any federal, state or local law, which cannot be preempted, prohibits any provision of this Warranty.
Any use of the PRODUCTS where it is illegal to do so, may be used against you as evidence of negligence in the event of
an auto accident or other traffic infraction.
4.3.4 OTHER PROVISIONS:
A. INDEMNIFICATION OFGROM AUDIO, ITS AGENTS AND EMPLOYEES. By Purchasing, Installing and Using the
Products, You, the End- User, agree to indemnify, defend and hold harmless, GROM AUDIO, and it s Affiliates, Directors,
Officers, Agents and Employees from any Liabilities, Damage, Loss, Claim and Expense (including reasonable Attorney’s
Fees) arising out of the installation and use of the Products.
B. GOVERNING LAW. THIS AGREEMENT and all Purchases hereunder shall be governed by, and construed under the
laws of the State of California, without regard to conflicts of law rules. You agree that the Courts of California shall have
exclusive jurisdiction over the Parties, for all disputes.
C. FORCE MAJEURE. GROM shall not be liable for any delay or failure in performance caused by or resulting from acts of
God, fire, flood, storms, earthquakes, tornados, other acts of nature, any accidents, riots, wars, government intervention,
embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of GROM AUDIO.
Quantities are subject to availability.
D. ENTIRE AGREEMENT. These terms and conditions constitute the entire and exclusive agreement between you, the
End-User and GROM AUDIO, concerning the Products, and your purchase hereunder, and supersede all statements or
other agreements, whether oral or written, between you and GROM AUDIO. No change in this Agreement shall be
effective, unless agreed to in writing by both, you, the end-user and GROM AUDIO.
4.4 GROM Audio Compatibility Disclaimer
GROM Audio strives to provide you with a high-quality product while maintaining competitive pricing. We continuously work
to test and develop our product, however, in some cases; our interfaces may not be compatible with your application. Due to
the wide range of electronics / firmware found in car stereos, compatibility and/or controls may vary. Should you experience
incompatibility issues, you may contact us via our support page.
4.5 Engine / System Noise Disclaimer
Engine / system noise may occur in some installations and is not easily predictable. Should noise occur with your system,
we will take commercially-reasonable steps to diagnose the source of the noise. Depending on the situation, noise suppres-
sors and filters may need to be installed in order to correct the problem. Due to the nature of electronics, noise may not be
correctable in all cases.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE RETURN THE GROM PRODUCTS IN ORIGINAL CONDITION,
AND INORIGINAL PACKAGE WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF THE PRODUCTS, TO THE PLACE
FROM WHICH YOU PURCHASED THEM, FOR A FULL REFUND OF THE PURCHASE PRICE OF GROM PRODUCTS.
Copyright ©GROM Audio, 2014
All trademarks used in this booklet are the property of the respective owners and in no way associated with GROM Audio.
Rev. 1.0
