Terms & Conditions

Effective Date: August 12, 2024

Acceptance of Terms and Conditions

These Terms and Conditions ("Terms" or "Agreement") govern your purchase and use of products, services, software, and this website operated by Uneekor, Inc. ("Uneekor," "Seller," "we," "our," or "us").

By purchasing products from Uneekor, placing an order, accessing or using this website (the "Site"), or otherwise requesting or using our products or services (collectively, the "Products"), you agree to be bound by these Terms, regardless of where or from whom the Products are purchased or procured.

These Terms are subject to change without prior notice. The version posted on the Site at the time an order is placed will govern that order unless otherwise agreed to in writing by Uneekor.

Purchase orders submitted by customers are accepted for administrative purposes only. Any additional or conflicting terms contained in a purchase order shall be null and void. No course of dealing or usage of trade shall modify or interpret these Terms.

This Agreement constitutes the complete and exclusive agreement between the parties and supersedes all prior or contemporaneous communications, agreements, representations, and understandings relating to the subject matter herein.

Governing Law

These Terms shall be governed exclusively by the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal action or proceeding relating to these Terms or the Products shall be brought exclusively in the state or federal courts located in Delaware. Customer consents to the exclusive jurisdiction and venue of such courts and waives any objection to venue.

Risk of Loss

Title to Products and risk of loss or damage pass from Seller to Customer upon shipment (F.O.B. Shipment, freight prepaid and added).

Notwithstanding the foregoing, title to any software remains with the applicable licensor(s), and Customer's rights to such software are governed by the applicable software license agreement.

Transfer of License

You can transfer your license key for all Uneekor licenses to any user at any time for a transfer fee of $100 per Launch Monitor device, and for a transfer fee of $50 for any hardware Add-Ons / Accessory. If the license key is transferred before the expiration of the trial period or the annual subscription, the remainder of either period will be transferred to the new user.

Payment

Customer agrees to pay the total purchase price for all Products, including applicable shipping charges.

Orders will not ship until payment has been received in full unless otherwise agreed by Seller.

Customer is responsible for all applicable taxes, duties, import fees, governmental charges, or similar assessments associated with the purchase, except where Seller is required by law to collect and remit such amounts. Customers claiming a tax exemption must provide appropriate documentation at the time of purchase.

Pricing and Product Availability

Seller reserves the right to modify pricing, product specifications, product offerings, promotions, and availability at any time due to changing market conditions, supplier pricing, product discontinuation, inventory availability, pricing errors, or other business considerations.

All orders are subject to product availability and, where applicable, installation scheduling availability. Seller does not guarantee that every order can be fulfilled.

Except as expressly provided in Uneekor's Limited Warranty, Seller disclaims all express and implied warranties relating to pricing, availability, title, accuracy, merchantability, or fitness for a particular purpose.

Limitation of Liability

Except as expressly provided in these Terms, and notwithstanding the failure of any essential purpose of any remedy, Seller, its affiliates, suppliers, subcontractors, and agents shall not be liable for:

• Any incidental, indirect, consequential, punitive, or special damages, including without limitation loss of profits, revenue, savings, business interruption, or loss of business opportunity, regardless of the theory of liability and even if advised of the possibility of such damages.
• Claims made by third parties against Customer.
• Any loss arising from Customer's implementation of recommendations or conclusions related to the Products or Services.
• Product downtime, inability to use the Products, or any loss, corruption, or damage to data or software.

If Seller is found liable for any claim, Seller's total aggregate liability shall not exceed the lesser of:

• The depreciated value of the Product or Services giving rise to the claim; or
• $50,000.00

Indemnification

Customer agrees to indemnify, defend, and hold harmless Seller, its officers, directors, employees, shareholders, affiliates, and agents from any claims, damages, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, arising from:

• Customer's misuse of the Products;
• Customer's sale or offering of services involving the Products; or
• Customer's violation of these Terms.

Intellectual Property & Acceptable Use

All content made available through the Site or incorporated into Seller's software or Products, including text, graphics, images, videos, software, source code, documentation, trademarks, logos, and other materials, is owned by Seller or its licensors and is protected by applicable intellectual property laws.

Customer may not:

• Copy, reproduce, distribute, publish, display, transmit, license, modify, create derivative works from, sell, or otherwise exploit any content without prior written consent.
• Use the Site or Products for any unlawful purpose.
• Use robots, spiders, scrapers, automated tools, or similar technologies to access or collect information from the Site.
• Reverse engineer, decompile, disassemble, modify, translate, or otherwise attempt to derive the source code of any software associated with the Site or Products.

Miscellaneous

Seller may assign, subcontract, or transfer any of its rights or obligations under these Terms without Customer's consent.

Any accepted purchase orders that remain unfulfilled may be cancelled upon reasonable notice to Customer with return of any deposit received.

These Terms shall be binding upon and benefit the parties and their respective successors and permitted assigns.

No waiver, amendment, or modification of these Terms shall be effective unless in writing and signed by both parties.

Failure by either party to enforce any provision shall not constitute a waiver of future enforcement.

The relationship between Seller and Customer is solely that of seller and customer. Nothing in these Terms creates any partnership, joint venture, agency, employment, or independent contractor relationship.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Third-Party Camera Disclaimer

Uneekor does not provide support for third-party cameras or hardware that it does not manufacture.

Uneekor makes no representations or warranties, express or implied, regarding the compatibility, functionality, or performance of its Products or software with third-party cameras or hardware.

Uneekor expressly disclaims all responsibility and liability for damages, losses, or claims arising out of or relating to the use of third-party cameras or hardware with Uneekor Products or software.

Electronic Notices

Customer consents to receive notices electronically from Seller, including through email or the Site.

Customer may withdraw consent to electronic notices by contacting Seller.

Legal Notices

All legal notices required under these Terms must be submitted in writing and delivered either:

• Personally; or
• By United States Postal Service Express Mail, Federal Express, DHL, or another recognized overnight delivery service with prepaid postage and delivery confirmation.

Contact Information

Uneekor, Inc.
Attn: Legal Notices
15770 Laguna Canyon Road, Unit 100
Irvine, CA 92618

Phone: (888) 262-6498

Notices shall be deemed received upon the earlier of actual receipt, three (3) days after mailing by prepaid mail, or one (1) business day after delivery by recognized overnight courier.