KINETEK SPORTS (“Company”) warrants this product to the original purchaser to be free from defects in material and workmanship, under normal use and conditions, for a period of one (1) year from the date of original purchase, pursuant to the following terms:
Company agrees, at its option during the warranty period, to repair any defect in material or workmanship or to furnish an equal product in exchange without charge, subject to verification of the defect or malfunction and proof of the date of purchase. However, insurance, handling, transportation, and other incidental charges in relation to repair work are borne by the original purchaser.
To obtain service during the warranty period you must do the following within thirty (30) days of the occurrence of the defect:
Return the unit prepaid to:
16885 Via Del Campo Ct, Ste 207, San Diego, CA 92127
Pack the unit in a well-padded sturdy carton.
Enclose a copy of your sales receipt to validate the date of purchase.
Provide a written explanation of the defect.
Company will elect to either repair or replace the product free of charge, at Company’s option. Any replacement product may be new, refurbished, or like-new, provided that it has functionality at least equal to the product being replaced. This is a parts and labor warranty only. No refunds or cash back.
This warranty does not cover the following:
Any product which has been subject to neglect, negligent care, improper use, accident, or used in violation of operating instructions;
Any damage or defect caused by battery leaking;
Any units altered, manipulated, disassembled, or repaired for warranty defects by anyone other than Company, including you and the retailer you may have purchased it from;
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN THE ENCLOSED LICENSE AGREEMENT, ALL SOFTWARE AND SERVICES PROVIDED BY COMPANY WITH THE PRODUCT, INCLUDING SOFTWARE THAT IS FACTORY LOADED ON THE PRODUCT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, Company does not warrant that the operation of the product, software, or services will be uninterrupted or error free. Company does not warrant that the product, software, or services, or any equipment, system, or network on which the product, software, or services are used, will be free of vulnerability to intrusion or attack. The product may include or be bundled with third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which this product’s use or operation may require.
EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, THE COMPANY UNDERTAKES NO RESPONSIBILITY THAT THE PRODUCTS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCTS. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY COMPANY IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF A PRODUCT), REVENUE OR PROFT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, SOFTWARE, OR ANY SERICES PROVIDED WITH RESPECT TO SUCH PRODUCT, SOFTWARE OR SERVICE.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
BY OPENING THE PRODUCT PACKAGING AND PROCEEDING WITH THE USE OF THE CLUBHUB PRODUCT (“PRODUCT”) CONTAINED WITHIN THE PACKAGE, OR THE INSTALLATION OR USE OF THE PRODUCT SOFTWARE (“SOFTWARE”), PURCHASED, DOWNLOADED, INSTALLED, OR OTHERWISE OBTAINED IN CONNECTION WITH THE PRODUCT, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT USE THE PRODUCT OR INSTALL THE SOFTWARE, AND YOU SHOULD RETURN THE PACKAGE CONTAINING THE PRODUCT TO THE POINT OF PURCHASE WITH A DATED RECEIPT WITHIN THIRTY (30) DAYS TO APPLY FOR A REFUND.
BY USING OR INSTALLING THE PRODUCT OR THE SOFTWARE, you acknowledge and agree that you have read, understood, and agreed to this License Agreement and that this License Agreement is enforceable like any written negotiated agreement signed by you. Any and all software (including any embedded software, drivers, enhancements, revisions, downloads, modifications, or updates), and documentation, whether on disk, in read only memory, that either came with the Product, or is downloaded or installed on the Product, are licensed, not sold, to you by Licensor for use only under the terms of this License Agreement, and Licensor reserves all rights not expressly granted to you. NOTE: USE OF THE PRODUCT MAY REQUIRE THE USE OF ADDITIONAL SOFTWARE AND/OR HARDWARE, WHICH ARE SUBJECT TO AND REQUIRE ACCEPTANCE OF SEPARATE LICENSE AGREEMENTS. FURTHERMORE, USE OF THE PRODUCT MAY REQUIRE YOU TO CREATE AN ACCOUNT WITH LICENSOR (“ACCOUNT”) IN WHICH CERTAIN USER DATA IS STORED AND ACCESSED, WHICH ITSELF IS SUBJECT TO AND REQUIRES ACCEPTANCE OF A SEPARATE LICENSE AGREEMENT.
LICENSE GRANT. KINETEK SPORTS (“Licensor”) hereby grants you a nonexclusive, nontransferable license to use its software product (“the Software”) solely for personal non-commercial use in connection with the single CLUBHUB Product (“the Product”) within the United States of America. Title, ownership, and copyright of the software and data produced or collected by the Software or product and other information stored on your Account are vested in, and remain with, the Licensor. The rights granted herein are limited to the use of the Software and your Account in accordance with this License Agreement and do not include any rights in any patents or other intellectual property rights of Licensor.
You may not modify, reverse engineer, or decompile the Software or create derivative works based on the Software. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Software to any other person or entity or make any other commercial use of the Software. Licensor owns and retains all right, title, and interest in the Software and any and all related materials. This Agreement does not transfer any ownership rights in the Software or any related materials to you or to any third party.
DISCLAIMER. Golf is an inherently dangerous activity and use of the Product and the Software on a golf course or otherwise is at your own risk.
OWNERSHIP OF DATA. You agree, for and in consideration of Licensor offering to you the license granted in accordance with the terms of this License Agreement, that any data produced, uploaded and/or captured by you or other individuals using the Product (“User Data”) shall be owned by Licensor, and shall be and become the property solely of Licensor, and you hereby assign, convey, and transfer to Licensor all of your right, title, and interest in and to such User Data, including, without limitation, any copyright or other intellectual property rights you may have in such data. If ownership of User Data by Licensor is prohibited by law, or ownership of the User Data is assigned or transferred to you by operation of law or otherwise, or ownership of the User Data in Licensor was never effectuated and cannot be effectuated, you will grant and hereby grant to Licensor an exclusive, transferable license in, for and to the User Data, subject to your non-exclusive license to use the User Data.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must do one or both of the following, at Licensor’s discretion (i) return all copies of the Software to Licensor, or (ii) destroy all copies of the Software.
EXPORT CONTROLS. None of the Software, User Data, or underlying information or technology may be downloaded, exported, or re-exported into any country to which the United States (”U.S.”) has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not a national or resident of, or located in or under the control of, any country subject to such export controls.
RESTRICTED RIGHTS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, or subparagraph (d) of the Commercial Computer Software—Licensing at NASA FAR Supplement 16-52.227-86, or their equivalent, as applicable.
MISCELLANEOUS. This Agreement represents the complete agreement between the parties concerning the Software and this license, and supersedes any and all prior agreements or representations. This Agreement may only be amended by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as if this Agreement had been entered into in between California residents and fully performed within California.