| Products | Ball Tracking Service | Other Services (e.g. Installation) | |
| Warranty Coverage | Product performs in all material respects with published specifications (if any) when used as intended. | Service performs in material accordance with published documentation (if any) when used as intended. | Services performed in a workmanlike manner, consistent with industry standards. |
| Warranty Period | 90 days from delivery of product | Term of subscription (claims must be made within 30 days of non-conformance) | 30 days from completion of service |
| Customer Remedies | (1) Correction of defects (2) if not cured within reasonable time (≥30 days): right to withdraw and receive refund (less certain fees and expenses) | (1) Correction of defects (2) if not cured within reasonable time (≥30 days): right to terminate service and receive pro-rata refund of unused prepaid fees | (1) Re-performance of non-conforming services (2) if not corrected: refund of fees for defective services |
| Exclusions | Damage from misuse, improper installation, third-party greens, wear & tear, modifications, accidents, natural disasters, improper maintenance, etc. No warranty on used/refurbished products | No guarantee of uninterrupted/error-free service or data accuracy. Subject to Internet/communication limitations | Excludes defects caused by customer's own instructions/specifications or by third-party products, equipment, actions, or site conditions |
| Claim Process | Written notice of defect within 14 days of discovery and within warranty period. Viewlicity may request inspection. | ||
| Transferability | Warranty is non-transferable; applies only to original customer. | ||
| Disclaimers | Except as expressly stated, all other warranties (implied or statutory, e.g., merchantability, fitness for purpose) are disclaimed. | ||
LIMITED PRODUCT WARRANTY
Subject to the provisions in the Terms and Conditions of Sale of Viewlicity USA Inc. ("Viewlicity's Terms of Sale") and the provisions in the Sales Documents, Viewlicity warrants to Customer that when operated in accordance with the documentation, and used within the scope of the licenses granted therein, the Product in the form originally provided by Viewlicity will perform in all material respects in accordance with Viewlicity's published specifications for such Products, if any (the "Limited Product Warranty") for a period of ninety (90) days after delivery of the Product to Customer (the "Product Warranty Period"). The Limited Product Warranty is conditioned upon Customer following the claims process outlined in Section "WARRANTY CLAIMS" below, which Viewlicity may change from time to time. This Limited Warranty extends to Customer only, and not to any resale customer of Customer or end consumer, and is non-transferable.
REMEDY
Customer's sole and exclusive remedy, and Viewlicity's sole and exclusive liability under the Limited Product Warranty is, in the first instance, for Viewlicity to use commercially reasonable efforts to correct any defects that Customer identifies in writing (including reproduceable errors of Contractual Software) during the Product Warranty Period which renders the Product materially non-conforming to the published specifications of the applicable Product, if any. If the breach is not cured within reasonable time following Viewlicity's receipt of Customer's notice, but within no less than thirty (30) days, Customer may withdraw from the applicable Contract and receive, subject to Customer returning the respective Products, a refund from Viewlicity of the purchase price and any pre-paid, unused Fees less any expenses incurred by Viewlicity in its attempt to cure, including travel, shipment, installation, and project management costs.
BALL TRACKING SERVICE WARRANTY
Viewlicity warrants to Customer that the Ball Tracking Services shall perform in material accordance with Viewlicity's applicable published documentation, if any (the "Ball Tracking Limited Warranty"). Viewlicity does not warrant that the Ball Tracking Services will be uninterrupted, error-free, or secure, or that any data stored or transmitted through the Ball Tracking Services will be accurate or preserved without loss. Customer acknowledges that the Ball Tracking Services may be subject to limitations, delays, and other issues inherent in the use of the Internet and electronic communications. If the Ball Tracking Services fail to perform materially in accordance with the applicable documentation, and Customer notifies Viewlicity in writing within thirty (30) days of the non-conformance, Viewlicity will use commercially reasonable efforts to correct the non-conformance. If Viewlicity is unable to do so within a reasonable time but within no less than thirty (30) days, Customer's sole and exclusive remedy shall be to terminate the affected Ball Tracking Services and receive a pro rata refund of any pre-paid, unused Fees. This remedy is exclusive and in lieu of all other remedies.
NON-BALL TRACKING SERVICES WARRANTY AND REMEDY
Viewlicity warrants to Customer that the Services other than Ball Tracking Services (i.e., Installation Services) will be performed in a workmanlike manner, consistent with generally accepted industry standards, and that for a period of thirty (30) days from completion of the Services (the "Services Warranty Period" and, together with the Product Warranty Period, each a "Warranty Period"), the Services delivered under a Contract will conform in all material respects to the applicable requirements for such services in the respective Invitation (the "Services Limited Warranty" and, together with the Ball Tracking Limited Warranty and the Product Limited Warranty, collectively, the "Limited Warranties" and each, a "Limited Warranty"). Any claim relating to a breach of the Services Limited Warranty must be made in writing by Customer within the Services Warranty Period. Customer's sole and exclusive remedy, and Viewlicity's sole and exclusive liability for breach of the Services Limited Warranty is for Viewlicity to use commercially reasonable efforts to re-perform the non-conforming Services. If after using such commercially reasonable efforts, the applicable defects in the Services have not been corrected, at Customer's option, Viewlicity agrees to refund the fees paid by Customer for the defective Services.
WARRANTY CLAIMS
Customer must give Viewlicity detailed written notice of any Products or Services that Customer alleges do not conform to the applicable Limited Warranty, stating the alleged non-conformities (each, a "Warranty Claim"). Any Warranty Claim must be made within fourteen (14) days after Customer is aware of the alleged non-conformity and, in any event, within the applicable Warranty Period. Unless expressly stated otherwise in the Sales Documents, the Warranty Period of any software shall be limited to the term of the relevant Subscription: Contractual Software shall be limited to the Warranty Period applicable to the underlying Products, whereas Ball Tracking Services shall be limited to the Subscription term. The Limited Warranty expires when, and no claims may be made after, the Warranty Period ends. Customer will follow Viewlicity's then-current Warranty Claims process. At Viewlicity's request, Customer will allow Viewlicity access to the Products to inspect the Products or Services and evaluate the alleged non-conformity.
WHAT THESE LIMITED WARRANTIES DO NOT COVER
The Limited Warranties do not cover: (a) accessories or peripherals (including putting greens) not manufactured by Viewlicity, which shall be subject only to any transferable warranty the manufacturer of such product may issue; (b) damage to Products during or after delivery; (c) damage caused by normal wear and tear; (d) user error, including unsuitable or improper use; (e) use under circumstances or resale for uses exceeding Viewlicity's specifications or limitations or contrary to any instructions or information from Viewlicity; (f) unauthorized use, or unauthorized or improper installation, repair, modification, or alteration; (g) improper storage; (h) defects or failures of Products sold or Services performed arising from, in whole or part, Customer's instructions, information, design, plans, or other non-Viewlicity specifications; (i) faulty or negligent treatment; (j) any warranties or representations given by Customer on resale of Products or use of Services; (k) repackaging or rebranding; (l) modification or alteration of Products or Services; (m) abuse or accidents; (n) faulty assembly or commissioning by Customer or third parties related to Customer; (o) unsuitable operating equipment or media; (p) chemical, electrochemical, or electrical influences; (q) use of unsuitable working material; (r) damage caused by natural calamities; (s) Service finish defects due to mishandling; (t) Product warping, color discoloration, surface finish defects, or color matching; (u) improper maintenance, including unauthorized repair; or (v) non-conforming specifications or technologies caused by placement or installation of Viewlicity's Products on top of third-party putting greens. Notwithstanding the foregoing, if the Customer is a Consumer, no Limited Warranty shall be voided due to a failure by Customer to use any particular item or service and Customer shall not be required to use any item or service manufactured or offered by Viewlicity to repair or service a Product unless such item or service is provided by Viewlicity free of charge; provided, however, that any damage caused to a Product or Service by Customer or any non-authorized third party, may void the applicable Limited Warranty.
No Limited Warranty shall apply to used or refurbished Products. Except when Viewlicity has otherwise expressly provided in the Sales Documents an express written warranty, all used or refurbished Products, and all Services related thereto are sold and performed "AS IS AND WITHOUT WARRANTY."
Any depictions, statements, claims, advertising, technical advice, trials, projections, diagrams, samples, drawings, illustrations, and other descriptions or other information from Viewlicity or its Affiliates, applicable to Products, Services, or a Contract, whether included in catalogs, datasheets or otherwise, are descriptions or approximations only, and do not constitute any specifications, representations, warranties, or guarantees, implicitly or explicitly.
No employee, dealer, distributor, sales representative, or any other person or entity is authorized to offer any different or additional warranties or remedies, or to change the Limited Warranty, without the signature of an authorized officer of Viewlicity. No descriptions, representations and other information or claims made by an employee, dealer, distributor, sales representative, or any other person or entity affiliated with Viewlicity are binding on Viewlicity. Customer may obtain a copy of the applicable Limited Warranty by going to www.puttview.com/terms or calling +1-984-300-7888.
EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY PROVIDED IN THIS LIMITED WARRANTIES DOCUMENT, VIEWLICITY MAKES NO REPRESENTATIONS OR WARRANTIES, STATUTORY OR OTHERWISE, REGARDING OR RELATING THE PRODUCTS AND ANY SERVICES, AND VIEWLICITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. VIEWLICITY MAKES NO WARRANTY OF ANY KIND THAT THE BALL TRACKING SERVICES OR CONTRACTUAL SOFTWARE, ANY SUPPORT RELATED THERETO, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. NOTWITHSTANDING THE FOREGOING LANGUAGE IN THE PREVIOUS PARAGRAPH, IF CUSTOMER IS A CONSUMER, NO IMPLIED WARRANTIES ARE DISCLAIMED; HOWEVER, SUCH IMPLIED WARRANTIES SHALL ONLY EXTEND FOR AS LONG AS THE APPLICABLE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIEWLICITY OR VIEWLICITY'S AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, WHETHER ARISING FROM THE SALE OF PRODUCTS OR PROVIDING OF SERVICES, THE INSTALLATION AND/OR SETUP OF ANY PRODUCTS, ANY TRAINING, ANY SERVICES, ANY DEFECT IN THE PRODUCTS OR SERVICES, ANY NON-CONFORMITY WITH WARRANTIES, ANY USE OR INABILITY TO USE THE PRODUCTS, OR OTHERWISE, REGARDLESS OF THE THEORY OF RECOVERY, EVEN IF VIEWLICITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VIEWLICITY OR VIEWLICITY'S AFFILIATES BE LIABLE FOR DAMAGES TO GOODS OR MATERIALS PROCESSED IN OR HANDLED WITH THE PRODUCTS. THESE TERMS CONTAIN CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES RELATING TO THESE TERMS, A BREACH OF THESE TERMS, THE SALES DOCUMENTS, THE PRODUCTS OR THE SERVICES, REGARDLESS OF THE THEORY OF RECOVERY.
IN NO EVENT WILL VIEWLICITY OR VIEWLICITY'S AFFILIATES BE RESPONSIBLE FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE ARISING OUT OF OR RELATING TO (I) IMPROPER USE OF THE PRODUCTS OR BALL TRACKING SERVICES; (II) CUSTOMER'S DETERMINATION AS TO THE SUITABILITY OR FITNESS OF THE PRODUCTS OR SERVICES FOR A PARTICULAR PURPOSE; (III) THE USE OR APPLICATION OF THE PRODUCTS OR SERVICES, ALONE OR IN CONJUNCTION WITH OTHER PRODUCTS OR SERVICES; (IV) THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CUSTOMER; OR (V) FROM DEFECTS OR DEFICIENCIES IN CUSTOMER'S OTHER EQUIPMENT. ANY UNAUTHORIZED MODIFICATION, TAMPERING, OR INTERFERENCE WITH THE PRODUCTS OR THE BALL TRACKING SERVICES IS STRICTLY PROHIBITED AND WILL RESULT IN THE IMMEDIATE VOIDING OF ALL WARRANTIES AND LIABILITIES FROM VIEWLICITY.
VIEWLICITY'S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF, OR RELATING TO A CONTRACT, OR PRODUCTS, OR SERVICES, OR THE USE (OR INABILITY TO USE) ANY PRODUCTS OR SERVICES, WHETHER IN WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO VIEWLICITY FOR THE PARTICULAR PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS.