Terms of Use

These Terms of Use (the “Terms of Use”) govern your use of: (1) the website located at www. Swing-IQ.com (the “Site”) operated by Majestic, a division of VF Licensed Sports Group, LLC and its affiliates (“Majestic,” “we” or “us”); the software application entitled “Swing IQ” (the “App”) offered by Majestic; (3) Majestic’s sensor-enhanced athletic apparel (the “Swing IQ Product”); and (4) the functionality provided by the App and Swing IQ Product and the services and resources available or enabled via the Site (collectively with the Site and App, the “Swing IQ Services”).

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

The Swing IQ Services and Swing IQ Product is not intended for use by individuals under the age of 13. If you are 13 years of age or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. You may connect to the App using the device sold with the Swing IQ Product that is manufactured, distributed, or sold by or on behalf of Majestic. You may not connect to the App with any device that is not manufactured, distributed, or sold by or on behalf of Majestic (such as a knock off or counterfeit version of the Swing IQ Product); otherwise intends to resemble or purports to be the Swing IQ Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Swing IQ Services.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Application or Site. Any new version of the Terms of Use will not apply retroactively but replaces and supersedes the previous Terms of Use. Your continued use of the Swing IQ Services following the posting of such changes constitutes your acceptance of the updated Terms of Use.

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.

Privacy

Your privacy is very important to us. Any information Majestic collects through your use of the Site or Swing IQ Services is subject to the Majestic Privacy Policy, which discloses how we collect your content and information. We encourage you to read the Privacy Policy to help you make informed decisions.

Use of the Swing IQ Services

You may download, install and use the App in accordance with these Terms of Use. The App is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, computer code, software, fonts or any other element containing any intellectual property rights held, owned, controlled by Majestic or licensed to Majestic to be incorporated into the App. (“App Properties”). Subject to the terms and conditions herein and in consideration of the rights to use the Swing IQ Services granted by Majestic to You, when you download, install and use the App, Majestic grants you a personal, revocable, limited, non-transferable, non-sublicenseable license to use the App on any iOS- or Android-enabled mobile device that you own or control. This license does not grant you the right to undertake any operation of reverse-engineering, extraction, de-compiling, improvements, modification, marketing, renting, licensing, translation of the Site or all or part of any App Properties. Any use of all or part of any App Properties that is not expressly allowed by these Terms of Use is prohibited.

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.

The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, communicate to the public, distribute, host, or otherwise commercially exploit the Swing IQ Services or any portion of the Swing IQ Services; (b) you shall not use any metatags or other “hidden text” using Majestic’s name or trademarks; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Swing IQ Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any illegitimate means to breach any authentication method implemented by Majestic in order to enable connection by the user to the App; (e) you shall not use any manual or automated software, devices, or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Swing IQ Services in order to build a similar or competitive website, application, or service; (g) except as expressly stated herein, no part of the Swing IQ Services may be copied, reproduced, communicated to the public, distributed, republished, downloaded, displayed, posted, or transmitted by you in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Swing IQ Services. Any future release, update, or other addition to the Swing IQ Services shall be subject to the version of these Terms of Use published by Majestic as of the date you install or use such future release, update, or other addition. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, or enhancements of the Swing IQ Services. Majestic, and its suppliers and licensors, reserve all rights not granted in the Terms of Use. Any unauthorized use of the Swing IQ Services terminates the licenses granted by Majestic pursuant to the Terms of Use.

User Content

The Swing IQ Services allows for the creation and submission graphics, images, video, audio, data and other material under your Member Account (“User Content”), and the hosting, sharing and/or publishing of such User Content. You shall be solely responsible for User Content you submit, and the consequences of our posting or publishing such User Content in connection with the provision of the Swing IQ Services. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of 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.

You agree that these rights and licenses include a right for Majestic to make such User Content available to, and pass these rights along to, others with whom Majestic has contractual relationships related to the provision of the Swing IQ Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Majestic determines such access is necessary to comply with its legal obligations. You hereby agree that such involvement by these third parties is acceptable. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or contents. Other than this limited license and other rights you grant in these Terms of Use, Majestic acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms of Use in any of your User Content.

Intellectual Property

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.

Disclaimers

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

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MAJESTIC (OR OUR SUPPLIERS AND LICENSORS) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SWING IQ SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MAJESTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Majestic’s total liability to you for all damages (regardless of the form of action or claim, e.g. contract, warranty, tort, strict liability, negligence, or any other legal theory) exceed the greater of: (1) the amounts paid by you to Majestic during the twelve (12) months immediately preceding the events or omissions giving risk to such damages, or (2) the amount of one hundred U.S. dollars ($100.00), if you have not had any payment obligation to Majestic, as applicable. The foregoing limitations will apply even if the above stated remedy or any other remedy set forth in these Terms of Use fails of its essential purpose. ACCESS TO, AND USE OF, THE SWING IQ SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Swing IQ Services. We may suspend or terminate your rights to use the Swing IQ Services (including your Member Account) at any time, and from time-to-time, for any reason in our sole discretion, including for any use of the Swing IQ Services in violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your Member Account and right to access and use the Swing IQ Services will terminate immediately. Upon any such termination, we may delete your User Content and other information related to your account. We will not have any liability whatsoever to you for any termination of your rights to use the Swing IQ Services, including for termination of your Member Account. You may cancel your Member Account at any time by contacting us. Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including, without limitation, ownership provisions, indemnification, disclaimers and limitations of liability.

Indemnification

By using the Swing IQ Services you agree that you will defend, indemnify and hold harmless Majestic and its partners, affiliates, service providers, licensors, officers, directors, shareholders, employees and agents from and against any and all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or related to (a) your use of the Swing IQ Services, (b) your breach or alleged breach of these Terms of Use, (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Swing IQ Services, and (d) any negligent acts, omissions, or willful misconduct by you. Majestic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Majestic’s defense of such claim. You agree not to settle any matter without the prior written consent of Majestic. Majestic will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

General Terms

Entire Agreement. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Majestic with respect to the Swing IQ Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Swing IQ Services. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Assignment. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Majestic’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and void. Majestic may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

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.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of use and any applicable purchase or other terms, these Terms of Use shall govern.

Governing Law. These Terms of Use are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Swing IQ Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Tampa and Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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.

Contact Us

Please contact us if you have any questions about these Terms of Use.

VF Licensed Sports Group, LLC.
4408 W. Linebaugh Ave
Tampa, Florida 33624
support@swingiq.com