Firewalla

Refund & Warranty Policy

Firewalla Return and Refund Policy (v2.0 effective 9/1/2020)

Please review the terms of this Return and Refund Policy carefully as these terms govern the refund or return of your purchase of the products in your order (the “Products”) from Firewalla Inc. ("Firewalla") and set out your rights and obligations with respect to the return and refund of your purchase of Products. This Policy is subject to the Terms of Sale under which we are willing to provide you with the Products. Please be certain you understand the terms below as well as the Terms of Sale.

By purchasing the Products, you agree that you have read these terms and are legally bound by these terms. You may print this Return and Refund Policy by clicking the print button on your Internet browser.

Return/refund policy for products directly purchased from firewalla.com

Warranty return

Return policy for products not purchased directly on firewalla.com

Product purchased from Indiegogo and Kickstarter:

The Firewalla device is supported by Kickstarter and Indiegogo members who are passionate about cybersecurity;  as a return, we have offered our product as a perk that’s greatly discounted.   This initial support is vital for us, as it provides the funds needed to accelerate our product to the market.

Firewalla is a complex product.  It involves us investing in engineering, tooling, components, and logistics.  This literally used pretty much all the funds we have acquired.  We are a small startup,  we can only offer what we can to ensure survival and crafting a great product.

We do understand under certain circumstances,  the perk may not fit your needs.  In such situations, we will offer limited refund depending on the stage.

 

Product purchases from Amazon:

Product purchased from authorized resellers or retailers:



Limited Warranty

Firewalla warrants to you, the initial purchaser of the Products, that the Products will be free from defects in materials and workmanship under normal use and service for one (1) year from the date that you purchase the Product. During the warranty period, Firewalla’s sole and exclusive obligation and liability under the foregoing warranty shall be for Firewalla, at its discretion, to replace any Product that fails to conform to this warranty with a new or refurbished version of the Product. Such obligations shall be the sole remedy under this warranty and Firewalla’s exclusive obligation and the full extent of its liability.  

No Products will be accepted for replacement without obtaining an RMA number from Firewalla during the warranty period. Any returned Products must be received at Firewalla’s facility freight prepaid in accordance with the RMA process of Firewalla prior to replacement of any returned Products. Products returned without an RMA number and without a valid proof of purchase will not be processed and will be subject to disposal.

Customers may obtain an RMA number at help@firewalla.com by submitting the required information: name, contact information, shipping information, date of purchase of the Product, problem description, and troubleshooting actions taken so far. If Firewalla determines in its sole discretion that any of the aforementioned information is false or incorrect or does not correspond to the Products received, Products will not be replaced and will be subject to disposal or returned with a customer-provided shipping account number. By submitting an RMA Request, you confirm your acceptance of all terms in this product warranty.

This Limited Warranty does not apply in the following cases: failure to follow installation or operating instructions, misuse (which includes, without limitation, using Products outdoors unless outdoor use is expressly permitted, and in such cases only as directed or use in improper temperature, humidity or other environmental conditions), alteration, abuse, accident or tampering, or damage or non-performance resulting from use of any item or repair services not provided by Firewalla. This Limited Warranty also does not apply if damage was caused by Acts of God, natural disasters, labor disputes, war, terrorism, civil strife, or other causes beyond Firewalla’s control. Products that are tested and found to be in good working condition (not defective) are not covered by this Limited Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. FIREWALLA DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, FIREWALLA LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY DESCRIBED ABOVE OR THE SHORTEST PERIOD ALLOWED BY LAW. IN NO CASE SHALL FIREWALLA OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES (EACH, A “FIREWALLA PARTY” AND COLLECTIVELY, THE "FIREWALLA PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS LIMITED WARRANTY OR ANY OTHER WARRANTIES WHATSOEVER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NO FIREWALLA PARTY SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM OF A PRODUCT DEFECT. HOWEVER, IF ANY FIREWALLA PARTY, AS DEFINED ABOVE, IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS LIMITED WARRANTY OR OTHERWISE, THE AGGREGATE LIABILITY OF ALL FIREWALLA PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE FIREWALLA PARTIES. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE PRODUCTS. THIS AGREED-UPON AMOUNT (THE PURCHASE PRICE OF THE PRODUCTS) IS NOT A PENALTY, AND IS THE SOLE REMEDY.

By purchasing from Firewalla, you acknowledge that you have had an opportunity to review Firewalla's warranty terms, have done so to the degree required to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers.

LIMITATIONS OF LIABILITY AND RELEASE

Firewalla does not accept liability for Products purchased hereunder beyond the remedies set forth herein and in Firewalla's Limited Warranty. 

BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH FIREWALLA PARTY, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL ANY FIREWALLA PARTY  BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF A FIREWALLA PARTY IS FOUND LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL FIREWALLA PARTIES SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL FIREWALLA PARTIES, AS DEFINED ABOVE. 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.

Software

Software embedded within any Firewalla Products is licensed to you under this section on a non-exclusive and limited basis, and not sold. You may use such software only in connection with the Product in which it is embedded, and may not modify, distribute, copy or reverse engineer such software. Such software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. All rights with respect to such software not licensed to you hereunder are fully reserved by Firewalla and/or its licensors.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Firewalla agree that Firewalla intends that this section satisfies the “writing” requirement of the Federal Arbitration Act. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to these Terms of Sale or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such a solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in San Jose, California.

The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms of Sale and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You can obtain the AAA procedures, rules, and fee information at http://www.adr.org/

In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Sale and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR FIREWALLA WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR FIREWALLA MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION ENTITLED “OTHER TERMS AND CONDITIONS”) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

NOTWITHSTANDING THE FOREGOING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH FIREWALLA, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST FIREWALLA MAY NOT BE JOINED OR CONSOLIDATED IN THE ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER FIREWALLA SUBSCRIBER, UNLESS OTHERWISE AGREED BY THE PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE SUBJECT TO ARBITRATION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING help@firewalla.com WITHIN 30 DAYS OF THESE TERMS OF SALE BECOMING BINDING UPON YOU FOR THE FIRST TIME. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH FIREWALLA. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SALE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY FIREWALLA. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND FIREWALLA EACH HEREBY IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ("SUIT") ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND FIREWALLA MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS; YOU AND FIREWALLA EACH CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVE ANY OBJECTION THAT YOU OR FIREWALLA MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; YOU AND FIREWALLA EACH CONSENT TO SERVICE OF PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT; AND YOU AND FIREWALLA EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.

Other Terms and Conditions

You understand and agree that sales made by Firewalla-authorized distributors, resellers or retailers shall be subject to these Terms of Sale, notwithstanding that the ultimate sale may have been made by authorized distributors, resellers or retailers. Moreover, the initial sales made to you by such Firewalla-authorized distributors, resellers or retailers shall be deemed an “initial sale” for the purpose of the Limited Warranty specified herein, and as such the Limited Warranty specified herein shall similarly apply to Products sold to you in this manner.

These Terms of Sale and all transactions on the Firewalla website are governed by California law without reference to its conflicts of law rules. The interpretation of the Terms of Sale shall not be construed against the drafter.

Firewalla will not be liable for any failure to discharge its obligations under the Terms of Sale due to strikes, accidents, fires, or shutdowns of its manufacturing plant or plants supplying it or other contingencies beyond the control of Firewalla, including those arising out of or in connection with, due to, or caused in whole or in part by emergency conditions.

All claims, actions or proceedings against Firewalla must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly.

Unless otherwise expressly provided herein, (i) all notices required to be given to Firewalla shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to Firewalla’s then current principal place of business and (ii) all notices required to be given to you shall be deemed to have been duly given if in writing and sent to the e-mail address you provided to Firewalla.

Should any provision of the Terms of Sale (or portion of the Terms of Sale), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and the Terms of Sale, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. When used in these Terms of Sale, the word “including” shall mean “including, but not limited to.”

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version 1.0 before 9/1/2020

If you purchased from firewalla.com directly

 

Kickstarter/Indiegogo Refund Policy

The Firewalla device is supported by Kickstarter and Indiegogo members who are passionate about cybersecurity;  as a return, we have offered our product as a perk that’s greatly discounted.   This initial support is vital for us, as it provides the funds needed to accelerate our product to the market.

Firewalla is a complex product.  It involves us investing in engineering, tooling, components, and logistics.  This literally used pretty much all the funds we have acquired.  We are a small startup,  we can only offer what we can to ensure survival and crafting a great product.

We do understand under certain circumstances,  the perk may not fit your need.  In such situations, we will offer limited refund depends on the stage.

Defects

 

Amazon, Newegg, Brookstone Refund Policy

Please follow the store policies. 

 

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Warranty

All Firewalla hardware backed by a limited one(1) year manufacturer warranty from the date of purchase. This limited warranty is valid only in the jurisdiction where the products are solid by Firewalla itself or through authorized resellers.

The customer is responsible for all shipping charges of returned items

 

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Contact: help@firewalla.com