WARRANTY LIMITATION:
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
COMMERCIAL USE:
THIS SKYTRAK PRODUCT IS NOT WARRANTED FOR COMMERCIAL, NON-CONSUMER, USE. WITH RESPECT TO COMMERCIAL USE OF THIS SKYTRAK PRODUCT, SKYTRAK MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL SKYTRAK BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
SKYTRAK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE CAUSED BY SWINGING A GOLF CLUB OR BY A HIT GOLF BALL, AND THE USER ASSUMES ALL RESPONSIBILITY TO INSURE THE PROPER AND SAFE SETUP AND USE OF THE SKYTRAK SYSTEM.
EVEN IF SKYTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SKYTRAK’S ENTIRE LIABILITY SHALL BE LIMITED TO COSTS OF REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT THE SOLE OPTION OF THE COMPANY.
Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied or expressed warranty, so the above limitations or exclusions may not apply to you. This warranty may give you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.