lightning surge while connected to a properly installed
Product. Connected Equipment Damage (i) may not
be caused by a defect or unrelated damaging of the
Connected Equipment or a surge/spike or lightning
strike through a source, medium or connection other
than through the Product, and (ii) does not extend to loss
of data, or consequential, indirect or special damages
resulting from the Connected Equipment Damage.
"Fair Market Value" ("FMV") means the fair market
value of the Connected Equipment at the time Connected
Equipment Damage occurs.
"Formal Warranty Claim" means a claim made
in accordance with the section "Formal Warranty
Claims" herein.
"Maximum Coverage Amount" means the maximum
amount that Monster will pay to You under this Limited
Warranty for Connected Equipment Damages and is
defined in relation to each Product in the Specifications
Table below.
"Product" means a Product (i) that is listed in the
Specifications Table below, (ii) that You bought from an
Authorized Dealer new and in its original packaging, and
(iii) whose serial number, if any, has not been removed,
altered, or defaced.
"Product Defect" means a defect, malfunction, non-
conformance to this Limited Warranty or other inadequacy
of the Product that existed at the time when You received
the Product from an Authorized Dealer and that causes
a failure of the Product to perform in accordance with
Monster's documentation accompanying the Product,
unless such failure has been caused completely or partly
by (a) any use other than Adequate Use, (b) transportation,
neglect, misuse or abuse by anyone other than Monster's
employees; (c) alteration, tampering or modification of the
product by anyone other than a Monster employee; (d)
accident (other than a malfunction that would otherwise
qualify as a Product Defect); (e) maintenance or service of
the Product by anyone other than a Monster employee; (f)
exposure of the Product to heat, bright light, sun, liquids,
sand or other contaminants; or (g) acts outside the control
of Monster, including without limitation acts of God, fire,
storms (excluding lightning surges), earthquake or flood.