Terms of Order and Sale
Effective Date: November 1, 2015
These terms and conditions of order and sale ("Order Terms") set forth the terms upon which Own My Swing, Llc, ("Own My Swing", "we", "us" or "our") sells, and you order and purchase, the Own My Swing product (the "Product") offered by Own My Swing through the website ("OwnMySwing.com" or the "Site"). The term "you" means both the individual placing the order and the entity on whose behalf such individual is acting, if any.
By ordering and/or purchasing the Product, you represent and warrant that you have read and understood these Order Terms. This is a binding legal agreement between you and Own My Swing and includes an arbitration clause under which certain claims may not be brought in court or decided by a jury. You should also carefully review our Private Policy before placing an order for goods or services through the Site. Do not order the product if you do not accept these Order Terms.
1.1 Own My Swing will use reasonable commercial efforts to deliver the Product as described and in a timely manner. You understand that the Product is under development, and that numerous technical, financial, and practical obstacles may interfere with delivery of the Product to you and/or the features and functions of the Product thereafter.
1.2 You may not cancel or modify any order for the Product placed through the Site. Notwithstanding the foregoing, if Own My Swing fails to commence shipping the Product after the one-year anniversary of the promised shipping date, upon written request from you, Own My Swing may process a full refund to you.
2. Pricing and Payment
2.1 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your credit card or other payment source will be charged by us or our e-commerce platform immediately upon your placement of an order through the Site.
2.2 You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. Credit cards, PayPal or such other payment method specified by the Site will be accepted for all purchases by us or our e-commerce platform. You represent and warrant that the payment information that you supply is true, correct and complete, and that charges incurred by you will be honored by your credit card company or other payment processing service.
3.1 Risk in the Product passes to you on Own My Swing delivery of the Product to the carrier, and you are responsible for any loss or damage to Product from that point.
4. Restrictions on Use
4.1 You shall use the Product only for personal purposes and shall comply in full with all terms and conditions imposed by us upon the operation and use of the Product. You shall not reverse engineer or otherwise violate our intellectual property rights associated with or embodied in the Product.
5. Intellectual Property
5.1 Own My Swing, or its licensors, owns all intellectual property rights in the Product. You shall acquire no interest or rights in the intellectual property rights by virtue of these Order Terms, except as expressly granted herein or in the applicable terms and conditions.
6. Replacement of Product
6.1 If you believe any Product shipped to you is faulty, contact Own My Swing in writing to request a return. Own My Swing may, in its discretion, accept returns for goods that are defective or damaged provided that notice is provided to Own My Swing in writing within thirty (30) days of your receipt of such Product. No returns will be accepted by Own My Swing thereafter. You will comply with Own My Swing returns procedures when returning Product.
6.2 Own My Swing is under no obligation to accept any returns of the Product where the defect or damage was caused by you or the defect or damage occurred after shipment by Own My Swing.
6.3 Own My Swing may ship a replacement Product to you only after receipt of the applicable Product by Own My Swing and the product is diagnosed as being defective by our Engineer. If no fault is found the user will be charged for all freight and time to assess the product at Own My Swing current hourly service charge (US $150.00 per hour).
6.4 Own My Swing is under no obligation to accept any returns, or pay a refund of the Product where the user has just changed their mind and now does not want the product.
6.5 Own My Swing where it sees fit to accept a return, will charge a re-stocking fee of US$70.00.
6.6 Support maybe be registered by (a) sending email to firstname.lastname@example.org or (b) channeled via our Help Desk http://focusband.freshdesk.com
The Help Desk also includes a Knowledge base where users should search for their apparent fault before opening a new support ticket. The Knowledge base is updated regularly so the user is encouraged to browse this module
If you allow location services, we may collect, use, or store your precise geographic location. In general, most devices will indicate when location services are operating by showing an icon. You always have the ability to control the location services, but enabling location services may be necessary to use some of our Products and Services. You may choose to publish your location in User Content posted on or through the Services or on your profile. For example, if you share a drive on other social services, your location data will be visualized through a birds-eye view of your drive. We may also use aggregate, anonymous location data to share and report statistics through the Services. For example, we may use location data to display the longest drive of the week on the Services. We may also share location data in aggregate, anonymous form with market research companies or advertisers for targeted advertising.
7.1 The product is provided "as is" and Own My Swing nor its Licensors makes no warranties, express or implied, with respect to the product or any other subject matter hereof, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of third party patents. Without limiting the foregoing, we make no warranty that the Product offered through the Site will meet your requirements, that the results that may be obtained from use of the Product will be effective, accurate or reliable, or that the quality of the Product will meet your expectations.
8. Limitation of Liability
8.1 We do not accept liability beyond the remedies set forth in these Order Terms. In no event shall Own My Swing or its agents or Affiliates have any liability to you or any other person for any collateral, consequential, indirect, punitive, special, exemplary or incidental damages, whether based on contract, tort (including negligence), product liability, strict liability, under statute, or any other theory or form of action, even if Own My Swing or our Agents/Affiliates have been advised of the possibility thereof, arising out of or related to these Order Terms OR the sale, delivery, use or performance of the Product offered through the Site.
8.2 Our sole and maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual purchase price paid by you for the Product ordered through the Site.
8.3 Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to your purchase of the Product.
9.1 You are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Own My Swing and its officers, directors, employees, and agents ("Indemnitees") from any liabilities, damages, losses, expenses, costs and attorneys' fees arising from your use of the Product not expressly in accordance with these Order Terms or the applicable terms and conditions for such Product.
10. Force Majeure
10.1 Own My Swing shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.
11. Applicable Law and Jurisdiction
11.1 The Site is controlled by us from our offices within the State of California, USA. The validity and interpretation of these Order Terms shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, and will apply to all matters relating to the purchase of the Product available through the Site.
11.2 We make no representation that the Product available through the Site is appropriate or available for use in locations outside of Australia and the United States, and accessing the Product or associated services from territories where the Product or associated services are illegal is prohibited. By accessing the Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws.
11.3 Any legal proceedings against Own My Swing relating to these Order Terms shall be filed within one (1) year after shipment of the Product to you.
12. Entire Agreement
12.1 These Order Terms represent the entire agreement and understanding between you and Own My Swing concerning the subject matter thereof and supersedes all prior agreements and understandings of the parties with respect thereto.
12.2 These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for the Product which are subject to additional or altered terms shall be null and void, unless Own My Swing expressly agrees otherwise in writing signed by an authorized representative of Own My Swing.
13.1 In the event that any part of this provision shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this provision shall otherwise remain in full force and effect.
13.2 Own My Swing failure to insist upon strict performance of any of the provisions contained in these Order Terms shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by Own My Swing of any other provisions of prior, concurrent or subsequent default by Own My Swing in the performance of or compliance with any of the terms and conditions set forth herein.