Element LMS SaaS Limited Warranty

Element LMS warrants, for Customer’s benefit only, that each service product will operate in substantial conformity with the applicable Documentation.  Element’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty shall be, at no charge to Customer, for Element to use commercially reasonable efforts to correct the reported non-conformity, or if Element determines such remedy to be impracticable, either party may terminate the applicable Subscription Term and Customer shall receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Vendor Product for the terminated portion of the applicable Subscription Term.  The limited warranty set forth in this Section shall not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge or evaluation basis.