By accessing and using the Swing IQ Services, including by downloading and installing the Apps, you represent that (1) you have read, understand and accept (on behalf of yourself or the entity that you represent) the Terms; (2) you are of legal age to form a binding contract with Majestic; and (3) you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VF LICENSED SPORTS GROUP, LLC AND GOVERNS YOUR USE OF THE SWING IQ SERVICES AND SWING IQ PRODUCT. IF YOU WERE TO DISAGREE WITH THESE TERMS AND CONDITIONS YOU ARE REQUESTED NOT TO USE THE SWING IQ SERVICES AND APPLICATION, AND WHENEVER NEEDED UNINSTALL THE APPLICATION.
Requirements for Use of the Swing IQ Services
Account Registration and Password
In order to use certain features of the Swing IQ Services, you may have to create an account (“Member Account”). When you set up your Member Account, you will be required to create log-in credentials by providing certain types of personal information (“Login Credentials”). You represent that the information that you provide about yourself is accurate and complete, and you agree to update your account information, as necessary, including providing Majestic with your current email address, so that you may receive notifications and other account-related communications. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. You agree to notify us of any unauthorized use of your Login Credentials. Majestic does not does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Member Account or for any third party’s fraudulent use or misuse of information submitted by you. Majestic reserves the right to terminate any username and password, which Majestic reasonably determines may have been used by an unauthorized third party.
You may also link your Member Account with certain third party social networking services, including Facebook, (each an “SNS Account”) by either (1) providing your SNS Account login information to Majestic; or (2) allowing Majestic to access your SNS Account, if either or both methods of access are permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Majestic and grant Majestic access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Majestic to pay any fees or making Majestic subject to any usage limitations imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH SOCIAL NETWORKING SERVICE PROVIDERS.
Use of the Swing IQ Services
With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
Subject to the terms and conditions herein, Majestic grants you a personal, revocable, perpetual, limited, non-sublicenseable license to use the software embedded in the Swing IQ Product (“Firmware”) in object code form only, solely for and as necessary to use the Swing IQ Product for your personal, non-commercial use.
By using the Swing IQ Services and submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the operation and provision of the Swing IQ Services. You also agree that Majestic has the right to elect not to accept, post, store, display, publish or transmit any User Content in our sole discretion.
Except for User Content, the Swing IQ Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Majestic or its licensors. You acknowledge that the Swing IQ Services and any underlying technology used in connection with the Swing IQ Services contain Majestic’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Swing IQ Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. Other trademarks, logos, and images that are available in connection with the Swing IQ Services are the property of their respective owner, which may or may not be affiliated with, connected to, or sponsored by Majestic. All rights in the Swing IQ Services not expressly granted to you by Majestic are retained by Majestic and its licensors.
Alerts And Notifications
As part of your use of the Swing IQ Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Changes to the Swing IQ Services
Majestic may update, change or discontinue, temporarily or permanently, any feature or component of the Swing IQ Services at any time without further notice. You agree that Majestic shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Swing IQ Services. You agree that Majestic has no obligation to provide any updates to the Swing IQ Services or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (1) the App will automatically download and install all available updates; or (2) you may receive notice of or be prompted to download and install available updates.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SWING IQ SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MAJESTIC (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SWING IQ SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SWING IQ SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE FROM VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAJESTIC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON THE SWING IQ SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
Limitation of Liability
Electronic Communications. The communications between you and Majestic use electronic means. For contractual purposes, you (a) consent to receive communications from Majestic in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Majestic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SWING IQ SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY, instead electing that all claims and disputes be resolved by a judge.
Release. You hereby release and forever discharge Majestic (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Swing IQ Services (including any interactions with, or act or omission of, other users). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Consumer Complaints. In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
VF Licensed Sports Group, LLC.
4408 W. Linebaugh Ave
Tampa, Florida 33624