365 Day Limited Warranty
One Seed, LLC warrants the ScoreBand PLAY/ScoreBand PRO/ScoreBand GOLF/ScoreBand PULSE/ScoreBand VIBE/ScoreBand VIBE SL600 devices (the "Product"), and only 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 Limited Warranty, if a hardware defect arises and a valid claim is received by One Seed, LLC within the Warranty Period, at its option and to the extent permitted by law, One Seed, LLC will either (1) repair the Product at no charge or (2) exchange the Product with a new replacement Product of equal or greater value. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. This 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 from the date of replacement or repair. When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes One Seed, LLC’s property. Parts provided by One Seed, LLC in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed.
Instructions to Obtain Warranty Service: To obtain warranty service, you must deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by One Seed, LLC. In accordance with applicable law, One Seed, LLC may require that you furnish proof of purchase details before receiving warranty service. For specific instructions on how to obtain warranty service on your Product, contact One Seed, LLC at 888-722-0444.
Exclusions and Limitations. This Limited Warranty applies only to the Product manufactured by or for One Seed, LLC that can be identified by the "ScoreBand" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) ScoreBand products and services other than the Product, (b) non-ScoreBand 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.
ScoreBand does not warrant that the operation of the Product will be uninterrupted or error-free. ScoreBand is not responsible for damage arising from failure to follow instructions relating to the Product's use. Warranty does not cover product failure due to water damage. Products are water-resistant, not water-proof. The products are not intended for extended exposure to moisture (submersion, shower, bath, faucet, etc.)
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 ScoreBand or if the Product is inserted or installed in a casing not provided by ScoreBand. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-ScoreBand products; (b) to damage caused by accident, abuse, misuse, or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Product or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Product.
Online auction/re-list purchases: Products purchased through online auction or relisting sites (i.e. eBay, Craiglist) are not eligible for warranty coverage.
This Limited Warranty does not cover the cost of returning the Product to One Seed, LLC; this is buyer's responsibility.
No ScoreBand reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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.
Implied Warranties: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
Limitation of Damages: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ONE SEED, LLC 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 Limited Warranty shall be governed by the laws of the State of South Carolina 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 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 Charleston County, South Carolina and the federal courts in South Carolina for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, One Seed, LLC may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.