Terms & Conditions

By accessing or using Swingbyte, you agree to be bound by the following terms and conditions of use:

These terms and conditions of use may be changed at any time by Swingbyte posting changes online. Your continued access and use of Swingbyte's Web site will mean that you agree to be bound by the most current version of the terms and conditions of use. Please check the terms and conditions regularly.

Section 1: Copyright warning

Swingbyte endeavors to ensure that information is correct but does not accept any liability for error or omission.

Users are permitted to copy some material for their personal use, but may not republish any substantial part of the data either on another website or as part of any commercial service without the prior written permission of Swingbyte.

Section 2: Conditions of use

Swingbyte seeks to enhance its relationship with its clients and business partners through its site. We therefore expect that you and anyone else using your Swingbyte accounts will be responsible and have respect for the utilities on the Web site and for other users. For your benefit Swingbyte reserves the right to prohibit abusers of the site and its contents and to terminate any accounts this user might have.

Abuse would include things like acts, which violate the law, posting threatening, abusive or harassing or vulgar materials, transmission of viruses and other disruptive material, transmission of junk or spam mail, advertising and endorsement of products or services without Swingbyte's permission, and attempts to collect or store personal information about other users of Swingbyte's Web site.

You are solely responsible for any and all information that you distribute in any way ('Your Content') using Swingbyte and any consequences that may result from Your Content. You acknowledge that, like you, each user of Swingbyte is solely responsible for any and all information. Swingbyte does not review and has no obligation to monitor such content.

Swingbyte has the right to refuse and remove any content uploaded, posted distributed using Swingbyte's Web site, including any of Your Content. Swingbyte may also retain Your Content and disclose Your Content (including the contents of your private communications):

if required by law:
to properly operate and maintain Swingbyte's Web site
in connection with any claim that Your Content violates the rights of any third-party
to protect itself, its officers, directors and employees, the users of Swingbyte's site and the public
to enforce these terms and conditions.

By providing Your Content through any publicly accessible areas of Swingbyte's site, you automatically grant to Swingbyte a perpetual, royalty free, irrevocable, non-exclusive right and license to use reproduce, modify, adapt, publish, translate, create derivative works from and distribute such of Your Content into any form, medium or technology now known or hereafter developed. In addition you waive any and all moral rights in such of Your Content.

Section 3: Company's Liability; Disclaimer of Consequential Damages

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Swingbyte makes no representations about the results to be obtained from using the Swingbyte Site or the Content. The use of the Swingbyte Web site and the Content is at your own risk.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE Swingbyte SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF Swingbyte AND ITS SUPPLIERS. ACCORDINGLY, Swingbyte ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE Swingbyte SITE. IF YOUR USE OF THE Swingbyte SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, Swingbyte IS NOT RESPONSIBLE FOR THOSE COSTS.

THE Swingbyte SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Swingbyte, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Swingbyte, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE Swingbyte SITE.

IN NO EVENT SHALL Swingbyte, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE Swingbyte WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE Swingbyte AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Swingbyte IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 4. Order Acceptance
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Swingbyte reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Section 5. Termination of Usage
Swingbyte, Inc. may terminate User access, or suspend any User's access to all or part of its sites and services, without notice, for any conduct that Swingbyte, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or Swingbyte.
Section 6: Links to Other Sites
Swingbyte may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Swingbyte of the content on such third-party websites. Swingbyte is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for such sites.
Section 7: Indemnity
You agree to defend, indemnify and hold Swingbyte, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content and the Services in a manner that violates or is alleged to violate these Terms and Conditions. Swingbyte shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 8: Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Swingbyte, or in any way relating to use of the Swingbyte Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Swingbyte or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 9. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE Swingbyte WEBSITE, OR IN THE SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE Swingbyte SITE, SERVICES, AND CONTENT.

Swingbyte Exclusive Express
Limited Warranty

30 Day Return Policy

If, for any reason, you are not satisfied with your Swingbyte (“Products”), our return policy allows you to return the Products purchased by you after obtaining a Swingbyte return material authorization ("RMA") during the 30 day period following date of original purchase. If the item is returned unused, undamaged, in its original condition, and in the original packaging in accordance with this policy, we will exchange it or offer a refund of the purchase price paid, which refund will be made by crediting the account used to make the original purchase. The RMA may be obtained by contacting Swingbyte at support@swingbyte.com.

The Product must be received by Singbyte within 10 days after issuance of the RMA.

All Products must be packed in the original, unopened and unmarked packaging including any accessories, manuals, documentation, and registration that shipped with the Products. A $15.00 open box fee may be assessed on any opened hardware or accessory, and damage and missing part restocking fees may apply. The RMA number must be included with the returned Product.

Shipping and handling charges, gift wrap fees, and certain taxes paid (e.g., state, customs, VAT) may not be refundable. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to Swingbyte. If you return Products to Swingbyte

  • (a) without an RMA from Swingbyte,
  • (b) beyond the 10 day RMA issuance period, or
  • (c) without proper packaging,

Swingbyte retains the right to either refuse delivery of such return or charge you a restocking fee. The time to credit your account may vary, depending on processing time. Please allow a minimum of 4 weeks for Swingbyte to credit the account used to make the original purchase.

The foregoing applies solely to Swingbyte Products purchased directly from Swingbyte. Returns for Products purchased through other retail outlets are subject to the return and refund policies for the respective retailer from whom such purchase was made.

Warranty Information

General Terms of Warranty: Swingbyte warrants the Swingbyte swing analyzer (the "Product") against defects in materials and workmanship under normal use for a period of ONE YEAR (365) days from the date of retail purchase by the original purchaser ("Warranty Period"). Under this Express Limited Warranty, if a covered defect in the Product arises and a valid claim is received by Swingbyte within the Warranty Period, at its option and to the extent permitted by law, Swingbyte will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product. The foregoing are your sole and exclusive remedies under this Express Limited Warranty. This Express Limited Warranty is valid only in the United States for Products sold in the United States.

A replacement Product or part assumes the remaining warranty of the original Product or one year (365) days from the date of replacement or repair, whichever is longer.

When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes Swingbyte's property. Parts provided by Swingbyte in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed.

Instructions to Make a Warranty Claim: To make a warranty claim, you must contact Swingbyte to obtain a Return Merchandise Authorization (“RMA”), and then deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Swingbyte. In accordance with applicable law, prior to issuing an RMA, Swingbyte may require that you furnish proof of purchase details and/or comply with registration requirements. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Swingbyte will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Swingbyte website (www.Swingbyte.com.)

Exclusions and Limitations: This Express Limited Warranty applies only to the Product manufactured by or for Swingbyte that can be identified by the "Swingbyte" trademark, trade name, or logo affixed to it. The Express Limited Warranty does not apply to any

  • (a) Swingbyte products and services other than the Product,
  • (b) non-Swingbyte hardware product,
  • (c) consumables (such as batteries), or
  • (d) software, even if packaged or sold with the Product or embedded in the Product.

Refer to the licenses accompanying the software for details of your rights with respect to its use.

Swingbyte does not warrant that the operation of the Product will be uninterrupted or error-free. Swingbyte is not responsible for damage arising from failure to follow instructions relating to the Product's use.

This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Swingbyte or if the Product is inserted or installed in a casing not provided by Swingbyte. In addition, this Express Limited Warranty does not apply:

  • (a) to damage caused by accident, abuse, misuse, water damage, fire, or other external causes;
  • (b) to damage caused by operating the Product outside the permitted or intended uses described by Swingbyte or with improper voltage or power supply; or
  • (c) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Swingbyte.

Recovery and reinstallation of software programs and user data are not covered under this Express Limited Warranty.

This Express Limited Warranty does not cover the cost of returning the Product to Swingbyte; this is your responsibility.

No Swingbyte reseller, agent, or employee is authorized to make any modification, extension, or addition to this Express Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired to the greatest extent permitted by law.

No Implied Warranty: THIS EXPRESS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE PRODUCT. THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

Limitation of Damages: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SWINGBYTE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.

Consumer Protection: Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.

Governing Law and Arbitration: This Express Limited Warranty shall be governed by the laws of the State of Illinois without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Express Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:

  • a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
  • b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  • c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Cook County, Illinois and the federal courts in the Northern District of Illinois for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Swingbyte may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Privacy Policy

Swingbyte policy is to respect and protect the privacy of our users. Swingbyte will never willfully disclose individually identifiable information about its customers to any third party without first receiving that customer's permission. This policy statement tells you how we collect information from you and how we use it.

There are cases where Swingbyte may ask you for personal information, such as your name or address. We only do this when you register for mailing lists or services that require registration. Swingbyte needs to collect this information for ensuring your satisfaction in browsing our web site, tracking or verifying compliance with Swingbyte policies as well as federal, state and local laws and/or for editorial and feedback solicitation purposes. When we intend to use your personal information, we tell you up front. This way you can decide whether you want to give us the information or not. For example, we may want to send you materials via email or regular mail at your request. In case you change your mind or some personal information may change, we will endeavor to provide a way to correct, update or remove the personal data you give us.

Use of cookies

There has been an increase in the use of cookies on the WWW during the last two years and it is an area that, rightly or wrongly, concerns many people. On your first visit to the Swingbyte site, a "cookie" may be sent to your computer from the Swingbyte server. A cookie is a file that stores a personal preference file so that the originating server recognizes you as a unique user. It cannot tell us that you are "Person A" from Location A. We use cookies to track user trends and patterns and to service your account in a personal manner. This helps us better understand and improve areas of the Swingbyte web site that our users find valuable - you know the pages that people go back to time and time again and the ones that people look at once. While this activity depends on the use of a "cookie," visitors to a Swingbyte web site always have the option of disabling cookies via their browser preferences. Note that all modern browsers, version 4 and above of both Netscape Navigator and MS Explorer have cookies turned on as a default. However, note that some parts of a Swingbyte web site may not function properly if you refuse a cookie. What cookies cannot do is read your hard drive or sell your secrets to another organization. A cookie can only be read by the organization that sets it.

Links to other sites

Users should be aware that when you are on Swingbyte's web site, you could be directed to other sites that are beyond our control. There are links to other sites from Swingbyte pages that take you outside our service. For example, if you "click" on a link in an article item, the "click" takes you off the Swingbyte web site. This includes links from partners that may use Swingbyte logos as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, or solicit personal information.

While Swingbyte strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk. Swingbyte policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Swingbyte control and is not to be applied in any manner contrary to applicable law or governmental regulation. We reserve the right at our discretion to make changes to this policy at any time. Please check this page periodically for changes.