Loop Lifetime Limited Warranty
Your Loop Product is covered by a lifetime limited warranty.
Products Covered by this Limited Warranty
This limited warranty extends to Collars and Leashes manufactured by Loop Dogs, LLC (“Loop”) and purchased directly from Loop.
Who this Warranty Extends To
This limited warranty extends to the original purchaser of any Product or, in the case of a gift, the original recipient of the Product. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Product from Loop. The “original recipient” for purposes of this warranty, is the first receiver of the Product purchased as a gift from Loop. All Loop warranties, including any implied warranties, are valid only for the period of time the Product is owned by the original purchaser/recipient of the Product. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
Loop’s Limited Warranty and Responsibilities
Loop warrants the Product in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) forever, when the Product is used normally for its intended purposes.
What this Lifetime Limited Warranty Covers
THIS LIMITED WARRANTY APPLIES ONLY TO THE FOLLOWING DEFECTS:
- Tears in the polyvinyl coated webbing that deem the Product unusable.
- Buckles that break and can no longer be used.
- D-rings that break and can no longer be used.
- Leash snaps that break and can no longer be used.
- Broken rivets that are no longer functional.
THIS LIFETIME LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:
- “Cosmetic Damage” which is defined as scratches, scuffs, stains, color changes, normal wear and tear, or other non-functional changes in the appearance of the product that occur during normal handling and use of Product by any party and which do not impair the functionality of the Product.
- Any Product (whether manufactured by Loop or not) sold by resellers who are not authorized retailers.
- Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, Loop’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Loop’s option, to provide repaired or replacement Product, subject to your fulfillment of “Your Responsibilities” below. Replacement Product may be provided in a color different from the Product you originally purchased. For limited edition, discontinued or out-of-stock Product covered under the limited warranty, Loop guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited edition, discontinued or out-of-stock item.
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Product to Loop and provide Loop with proof of the original date of purchase. Should shipping costs be required to return your Product, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited warranty.
Loop will repair or replace (as applicable) and ship your Product back to you within 90 days of receiving your original Product. You will not be responsible for any shipping costs associated with shipping replaced or repaired Product.
Replaced or repaired Product is subject to the same limited warranty as the original Product.
Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, LOOP PRODUCTS ARE PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO YOU ARE STRONGLY ADVISED TO SEEK LEGAL COUNSEL AS TO YOUR RIGHTS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SO YOU ARE STRONGLY ADVISED TO SEEK LEGAL COUNSEL AS TO YOUR RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL LOOP OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCT OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF LOOP HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. LOOP’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO YOU ARE STRONGLY ADVISED TO SEEK LEGAL COUNSEL AS TO YOUR RIGHTS..
1. In the event a dispute arises between you and Loop arising out of this Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Loop knowingly, voluntarily and intentionally agree that the interpretation and enforcement of this Limited Warranty shall be governed by Arbitration as defined herein, and that you and Loop are knowingly, voluntarily and intentionally each waiving the right to a trial by jury AND to participate in a class action.
2. As limited exceptions to Section G1 above: (i) you may seek to resolve a Dispute in small claims court located in Cuyahoga County, State of Ohio, U.S.A, if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
3. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any and all arbitration hearings shall take place in Cuyahoga County, State of Ohio, U.S.A., which shall have exclusive jurisdiction and venue over any dispute between you and Loop, unless all parties agree in writing signed and dated by all parties to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
4. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The prevailing party in any Arbitration shall be entitled to costs, which shall not include attorney fees. To avoid any confusion, no party shall be entitled to any attorney fees as the prevailing party.
5. YOU AND LOOP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
6. With the exception of any of the provisions in Section G5 of this Limited Warranty ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this Limited Warranty is invalid or unenforceable, the other parts of Limited Warranty will still apply.
7. You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.
Governing Law and Forum Choice
This Limited Warranty and any action related thereto will be governed by the the AAA under its AAA Rules then in effect, except as modified by this Limited Warranty, and the laws of the State of Ohio, without regard to its conflict of laws provisions. In a conflict between the AAA Rules and the State of Ohio, the AAA Rules shall govern. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all Disputes that you and Loop are not required to arbitrate will be the United States District Court for the Northern District of Ohio and/or the Cuyahoga County Common Pleas Court, State of Ohio, U.S.A., and you and Loop each knowingly, voluntarily and intentionally waive any objections to jurisdiction and venue in such courts. Your election to purchase Loop products and the validity, construction and performance of this Limited Warranty shall be governed in all respects, by, and construed in accordance with, the AAA Rules and the internal laws of the State of Ohio, U.S.A., applicable to agreements made and wholly performed therein without giving effect to principles of conflicts of laws. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
WarrantorLoop Dogs, LLC
13940 Cedar Road, #325, University Heights, OH, 44118