WARRANTY / TERMS / RETURNS

IMPORTANT: THESE TERMS AND CONDITIONS OF SALE (“TERMS”) GOVERN YOUR PURCHASE OF JAYBIRD PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY JAYBIRD LLC (“JAYBIRD” OR “WE”). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE LEGALLY ACCEPTING THESE TERMS. IN ADDITION, THE LIMITED WARRANTY AND DISCLAIMERS APPLY TO ANY PURCHASE OF JAYBIRD PRODUCTS FROM AN AUTHORIZED RETAILER.

 

JAYBIRD LIMITED WARRANTY

Subject to the terms, conditions, and disclaimers contained herein, Jaybird warrants that Jaybird branded products will be free of defects in materials and workmanship and will not fail because of perspiration for one (1) year from the date of shipment, as shown on the packing slip, if the product was purchased from www.Jaybirdsport.com (the “Jaybird Website”), or one (1) year from the date of purchase, as shown on the receipt, if the product was purchased from a retailer (the “Limited Warranty”). As used above, the phrase “fail because of perspiration” means that the electronics in the product cease to function as a direct result of the effects of perspiration and excludes other causes of failure, including without limitation broken wires, cracked casings, and dead batteries, even if they may have some indirect relation to perspiration. In addition, as part of the Limited Warranty for the Jaybird Reign® product only, we warrant for one (1) year from the date of shipment, as shown on the packing slip, if the product was purchased from the Jaybird Website, or one (1) year from the date of purchase, as shown on the receipt, if the product was purchased from a retailer, that the product will not fail because you wear it under normal conditions in water, such as in a shower, pool, or other water source, provided that the Reign product is not worn or used in water at a depth greater than 1 meter, such as while diving, and is not submersed in water for longer than 30 minutes at a time. As used above, the phrase “fail because you wear it under normal conditions in water” means that the electronics in the Reign product cease to function as a direct result of the effects of water, within the limits of use described above, and excludes other causes of failure of the product, such as dead batteries or other Excluded Conditions (see below). This Limited Warranty does not cover consumables, such as batteries, unless they fail due to a defect in materials or workmanship.

Any reference to Jaybird branded audio products being “sweat proof,” “sweat resistant,” and/or “water resistant,” or words of similar import, means that they are designed to withstand moisture under normal non-water sports and everyday use, such as perspiration and accidental splashes of water. Although the openings for the microphone and speakers on our audio products have been carefully engineered to be moisture-resistant, the products are not designed to be submersed in water or liquid of any kind, nor are they designed for water sports or other water-based activities. Any modification of a Jaybird audio product to adapt it for water-sports or any other water environment will void the Limited Warranty.

This Limited Warranty extends only to the original end-user of the product and is not assignable or transferable to any other person. This Limited Warranty does not cover (1) any damage or loss that occurs after we place the product with the carrier for shipment to you or to any retailer, (2) any damage caused by normal wear and tear, abnormal use or conditions, neglect, abuse, misuse, accident, improper storage or handling, unauthorized modifications or repairs, improper use of any electrical source, undue physical or electrical stress, user error, or failure to follow product instructions (“Excluded Conditions”), (3) any product with an altered or missing serial number or any counterfeit product, (4) subject to the additional Limited Warranty for use of the Reign product in water, as expressly stated above, any damage from external causes such as storm, flood, fire, dirt, sand, earthquakes, Acts of God, exposure to sunlight, weather, heat, or corrosive environments, electrical surges, or third-party products, or (5) product fit or appearance other than failure to provide a product that is materially equivalent to the product description on the product packaging or on the Jaybird Website.

WE DO NOT WARRANT THAT PRODUCTS WILL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT ALL PRODUCT ERRORS WILL BE CORRECTED. OUR ONLY LIABILITY UNDER THIS LIMITED WARRANTY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE, AT OUR OPTION, TO REPAIR OR REPLACE THE PRODUCTS OR REFUND THE AMOUNT PAID FOR PRODUCTS RETURNED TO US, LESS A PRORATED AMOUNT FOR ANY PERIOD OF SUBSTANTIALLY PROBLEM-FREE USE. THE PRORATED AMOUNT WILL BE BASED ON THE EXPECTED LIFE OF THE PRODUCT. Replacement products may include refurbished Jaybird products that have been certified to conform to the original product descriptions. If we elect to repair any defective product and are unable to do so after a reasonable number of attempts, we will provide you a replacement product or will refund your purchase price, less a prorated amount for any period of substantially problem-free use. IN NO EVENT WILL JAYBIRD’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT, LESS A PRORATED AMOUNT FOR ANY PERIOD OF SUBSTANTIALLY PROBLEM-FREE USE, REGARDLESS OF THE NUMBER OF CLAIMS, THE FORM OF ACTION, OR THE THEORY OF LIABILITY. We have no liability to pay for any repairs performed by anyone other than us, unless in each instance we have given express written approval for such repairs. Any unauthorized attempt to repair any product will void the Limited Warranty on the product. For any product you purchase from us that is covered by another manufacturer's warranty, your warranty is limited to that warranty. In such event, we will reasonably assist you, upon written request, to place a warranty claim with the manufacturer.

THIS LIMITED WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, AND JAYBIRD EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF ANY PRODUCTS THAT YOU PURCHASE FROM US, REGARDLESS OF THE NUMBER OF CLAIMS, THE FORM OF ACTION, OR THE THEORY OF LIABILITY AND EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED IN THIS “LIMITED WARRANTY” SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

To obtain information about or make a claim under this Limited Warranty, you must contact us on our Support Page.

 

HEARING LOSS AND SKIN IRRITATION CLAIMS AND DISCLAIMERS

PERMANENT HEARING LOSS MAY OCCUR IF EARPHONES OR HEADPHONES ARE USED AT EXCESSIVE VOLUMES. EXPOSURE TO NOISE FROM EARPHONES OR HEADPHONES IN EXCESS OF 85 DECIBELS FOR MORE THAN 8 HOURS A DAY WILL LIKELY CAUSE IRREPARABLE HEARING DAMAGE. YOUR EARS MAY ADAPT TO A HIGHER VOLUME OF SOUND OVER TIME, WHICH MAY SOUND NORMAL BUT CAN PERMANENTLY DAMAGE YOUR HEARING. YOU ACCEPT ALL RESPONSIBILITY FOR HEARING DAMAGE RESULTING FROM THE UNSAFE USE ABOVE 85 DECIBELS OF EARPHONES OR HEADPHONES. IN ADDITION, SOME RESEARCH HAS SUGGESTED A POSSIBLE LINK BETWEEN THE USE OF WIRELESS ELECTRONIC DEVICES CLOSE TO THE HEAD AND BRAIN DAMAGE OR OTHER SERIOUS AND POTENTIALLY LIFE-THREATENING MEDICAL CONDITIONS. YOU ACCEPT ALL RESPONSIBILITY FOR ANY AND ALL SUCH DAMAGE AND MEDICAL CONDITIONS THAT MAY RESULT FROM THE USE OF EARPHONES OR HEADPHONES. JAYBIRD SHALL HAVE NO LIABILITY FOR ANY SUCH DAMAGE OR MEDICAL CONDITIONS.

WEARABLE HEALTH AND ACTIVITY TRACKING BANDS HAVE BEEN REPORTED TO CAUSE SKIN IRRITATION AND RELATED CONDITIONS, SUCH AS BLISTERS AND RASHES, IN SOME USERS, EVEN WHEN THE MATERIALS USED IN THE TRACKING BANDS SATISFY REGULATORY REQUIREMENTS. YOU ACCEPT THE RISK THAT WEARING JAYBIRD PRODUCTS, SUCH AS THE REIGN® BAND, MAY CAUSE SKIN IRRITATION AND RELATED CONDITIONS, AND YOU FURTHER ACCEPT RESPONSIBILITY FOR ANY AND ALL RESULTING MEDICAL CONDITIONS AND DAMAGES. JAYBIRD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH CONDITIONS OR DAMAGES.

By purchasing and/or using a Jaybird branded audio product, you agree to defend and indemnify Jaybird, its subsidiaries, affiliates, licensors, distributors, retailers, content providers, service providers, employees, officers, directors, agents, and contractors (collectively, the “Indemnified Parties”) against, and hold the Indemnified Parties harmless from, any and all claims, actions, causes of action (regardless of the number of claims, the form of action, or the theories of liability); losses; actual, direct, indirect, special, punitive, exemplary, incidental, consequential, and other damages, including but not limited to loss of revenue or income, pain and suffering, and/or emotional distress; and awards, judgments, fines, costs, expenses, and attorneysʼ fees, including but not limited to those of the Indemnified Parties (any of the foregoing, a “Claim”), arising from or otherwise relating to any hearing loss or damage and/or any of the other medical conditions referenced in the preceding paragraphs and/or arising from or otherwise relating to the use of earphones or headphones or other Jaybird products purchased by you. You agree that the Indemnified Parties will have no liability in connection with any such damage, injury, conditions, or Claims, and you agree not to bring any legal or other actions or proceedings against or otherwise hold any Indemnified Party liable or responsible for any such damage, injury, conditions, or Claims.

 

RETURNS

For questions about Warranty, Returns or Cancellations please visit our Order Center Here.

 

MISCELLANEOUS

Use of all Jaybird Reign® products is subject to the Reign Terms of Use and the Reign Privacy Policy, both of which are found on the Jaybird Website. If after reviewing those Terms of Use and Privacy Policy, you determine that you do not want to be bound by them, you may return the unused and undamaged Reign product in its original packaging for a refund. Similarly, use of all other Jaybird branded products are subject to this Limited Warranty and related terms and conditions. If you do not wish to be bound them, you may return the unused and undamaged Jaybird in its original packaging for a refund. Any such returns shall be made to your seller, whether Jaybird for sales on the Jaybird Website or your retailer

Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We reserve the right to furnish materially equivalent substitutes for products which cannot be obtained in sufficient quantities or to cancel the excess portion of the order. We shall not be in default if our performance is delayed or rendered impossible by acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, or any other cause beyond our reasonable control. We may revise or modify products, product information, or pricing without notice. We are not responsible for any typographic, facsimile, or printing errors.

You represent and warrant that you have read and understood our Privacy Policy, which is part of these Terms and which Jaybird may change, modify, or delete without notice. You also agree to be bound by the Website Terms of Use of this site, which Jaybird may change, modify, or delete without notice. It is your obligation to check the most current versions of our Privacy Policy and Website Terms of Use regularly.

You represent and warrant that you are at least 18 years of age, that you are familiar with the laws and regulations, if any, in the place you live relating to the purchase, possession, use, and sale of electronics equipment, and that you know of no legal requirement prohibiting you from purchasing, possessing, using, or selling any such equipment.

You agree to use all products safely and legally and to defend and indemnify the Indemnified Parties against, and hold them harmless from, any and all Claims incurred by them or asserted, awarded, or otherwise imposed against them arising from or relating to your failure to do so and/or your removal, disabling, alteration, or covering of any safety features or warnings on any products (any such act, an “Alteration”). You agree not to bring any legal proceedings against or otherwise hold any Indemnified Party liable or responsible for any damage, death, or injury suffered by you, any other person, or any property, resulting from your failure to use products safely and legally and/or from any Alterations.

The prevailing party in any action or other proceeding brought with respect to these Terms shall be entitled to recover, in addition to any and all other available relief, its costs, reasonable attorneysʼ fees, and other collection expenses. YOU AND JAYBIRD EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY AND ALL ACTIONS OR PROCEEDINGS BROUGHT UNDER OR WITH RESPECT TO THESE TERMS AND/OR WITH RESPECT TO ANY PRODUCTS SOLD ON THIS SITE.

These Terms shall be governed and interpreted according to the laws of the Utah, without regard to any conflicts of laws principles. The Convention on Contracts for the International Sale of Goods shall not apply. You irrevocably consent to personal jurisdiction in Utah in connection with any dispute between you and Jaybird arising out of or relating to these Terms and/or any products sold on this site. The exclusive venue for any dispute between the parties arising out of or relating to these Terms will be the state and federal courts in Salt Lake County, Utah. If a court of competent jurisdiction finds any provision of these Terms to be void, invalid, illegal or unenforceable, the provision will be limited, modified, or if necessary severed, to the extent required to eliminate such problem, and all other provisions shall continue in full force and effect.

These Terms shall be binding upon and inure to the benefit of the successors, heirs, devisees, personal representatives, and permitted assigns, if any, of the parties.

These Terms constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior written and oral communications, agreements, representations, warranties, statements, negotiations, understandings, and proposals, with respect thereto. To the extent that any purchase order, confirmation, or the like is inconsistent with these Terms, these Terms will govern, unless expressly agreed otherwise in a writing that expressly states that it supersedes these Terms in a specified manner and is signed by you and a duly authorized representative of Jaybird.

This Limited Warranty and related terms and conditions shall be governed and interpreted according to the laws of the Utah, without regard to any conflicts of laws principles. The Convention on Contracts for the International Sale of Goods shall not apply. You irrevocably consent to personal jurisdiction in Utah in connection with any dispute between you and Jaybird arising out of or relating to this Limited Warranty and related terms and conditions. The exclusive venue for any dispute between the parties arising out of or relating to these this Limited Warranty and related terms and conditions will be the state and federal courts in Salt Lake County, Utah. If a court of competent jurisdiction finds any provision of this Limited Warranty or related terms and conditions to be void, invalid, illegal or unenforceable, the provision will be limited, modified, or if necessary severed, to the extent required to eliminate such problem, and all other provisions shall continue in full force and effect.

 

EUROPEAN UNION

This Limited Warranty applies to you if you are a citizen or resident of any of the member states of the European Union (“EU”). Also, if you are a citizen or resident of an EU member state, you have legal rights under EU Directives governing the sale of consumer goods, and those rights are not affected by this Limited Warranty, except as may be permitted by applicable EU law. You may have additional rights under applicable national legislation of EU member states.



REIGN™ TERMS AND CONDITIONS OF USE

THESE REIGN™ TERMS AND CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE USER, AND JAYBIRD LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE REIGN WEBSITE, ANY REIGN APPLICATIONS, OR ANY REIGN SERVICES. IF YOU HAVE ALREADY PURCHASED A REIGN PRODUCT, AND YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY RETURN THE REIGN PRODUCT TO YOUR RETAILER IN ITS ORIGINAL CONDITION AND PACKAGING FOR A FULL REFUND.

Jaybird LLC, a Utah limited liability company (“Jaybird”) offers its Reign™ activity tracker (the “Reign Device”), online and mobile software applications that interface with the Reign Device, and a Go-Zone Pro Service that offers personalized support to users of the Reign Device and associate applications and services. Collectively, the Reign Device, software applications, Go-Zone Pro Service referenced above, and all other related services provided by Jaybird are referred to herein individually and collectively as the “Reign Services.” Full use of the Reign Services requires you to purchase or otherwise lawfully obtain a Reign Device, a compatible smartphone, Internet access at speeds compatible with the Reign Services, and the most recent version of the Jaybird Reign mobile application. The Reign Device as a consumer good is also covered by the Jaybird Limited Warranty, which is incorporated herein. To the extent there is any conflict between the Jaybird Limited Warranty and these Terms and Conditions of Use (the “Terms of Use”), these Terms of Use shall be controlling.

In exchange for your agreeing to and abiding by these Reign Terms of Use, Jaybird grants you a non-exclusive limited license to use the Reign Services subject to these Terms of Use. By accessing or registering for the Reign Services, you agree to be bound by these Terms and of Use.

Jaybird may change these Terms of Use at any time in its discretion. Your use of the Reign Services after Jaybird makes any such changes constitutes your acknowledgement and acceptance of the changes. Please review these Terms of Use regularly. If you do not agree to follow and be bound by these Terms of Use, you may not access or use the Reign Services in any way. We reserve the right to terminate your account for any reason, including if we determine you have violated these Terms of Use, at any time and with or without prior notice to you. If we terminate your account, your data will thereafter be inaccessible to you.

We may modify or discontinue the Reign Services in our sole discretion and at any time, with or without prior notice, without liability to you or any third party.

 

RESTRICTIONS ON USE

The Reign Services were designed to assist users in monitoring personal activity parameters. The Reign Services are not a medical device and do not give medical advice, nor are any Jaybird personnel providing Go-Zone Pro Services or other Reign Services medical doctors, nurses, or any other kind of health care professional. By electing to use the Reign Services, you agree to only use the Reign Services for their intended purposes.

The Reign Device and Reign Services are not intended for use by children under 13 years old. If you are under 13 years old, you may not use the Reign Device or the Reign Services.

 

WARNINGS AND PRECAUTIONS

INFORMATION DELIVERED THROUGH THE REIGN SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS OR OTHER MEDICAL CONDITION. THE REIGN DEVICE IS NOT A MEDICAL DEVICE. IN THE EVENT OF A MEDICAL EMERGENCY, CALL A QUALIFIED HEALTH CARE PROFESSIONAL OR DIAL 911 AS APPROPRIATE.

CONSULT WITH YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE BEGINNING OR CHANGING ANY PHYSICAL ACTIVITY REGIME. You may only use the Reign Services if you are in good health or have approval to do so from your physician or another qualified health care professional.

Take your fitness level, health, and limitations into account when exercising. If you experience any pain or discomfort while engaging in any physical activity, stop and seek appropriate medical attention. Jaybird shall not have any responsibility or liability for any health problems or injuries that may occur as a result of your use of the Reign Services. Without limiting the generality of the foregoing, you agree that Jaybird has no reasonability or liability for any damages, death, or medical bills that may arise out of your use of the Reign Services.

WEARABLE HEALTH AND ACTIVITY TRACKING BANDS HAVE BEEN REPORTED TO CAUSE SKIN IRRITATION AND RELATED CONDITIONS, SUCH AS BLISTERS AND RASHES, IN SOME USERS, EVEN WHEN THE MATERIALS USED IN THE TRACKING BANDS SATISFY REGULATORY REQUIREMENTS. YOU ACCEPT THE RISK THAT WEARING JAYBIRD PRODUCTS, SUCH AS THE REIGN® BAND, MAY CAUSE SKIN IRRITATION AND RELATED CONDITIONS, AND YOU FURTHER ACCEPT RESPONSIBILITY FOR ANY AND ALL RESULTING MEDICAL CONDITIONS AND DAMAGES. JAYBIRD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH CONDITIONS OR DAMAGES.

 

INFORMATION PRESENTED BY JAYBIRD

While Jaybird tries to ensure maximum accuracy in all aspects of the Reign Services, no warranty is provided regarding the information presented. Reliance on the information provided by the Reign Services is at your own risk. Jaybird is not liable for any incorrect, ineffective, or unreliable information provided to you through Reign Services or for the misuse of any information it provides.

 

PRIVACY AND SECURITY

Use of the Reign Services is subject to the Reign Privacy Policy which is incorporated herein by this reference, as such Privacy Policy may be changed from time in Jaybird’s sole discretion.

It is your responsibility to securely store your email, password, and login credentials for the Reign Services. If another person gains access to your account, you may be held responsible for that person’s use of your account. As a result, you should notify us immediately if you learn that someone else has accessed your account without authorization. Jaybird will have no liability or responsibility for any activities that take place using your email, password, and login credentials.

The use and distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with the Reign Services is strictly prohibited.

Jaybird reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, including without limitation terminating your account, as Jaybird may determine in its sole discretion.

 

THIRD PARTY SERVICES

The Reign Services may link to, sync with, or otherwise interact with other services, websites, or applications that are not maintained by, or related to, Jaybird. For example, you may sync your use of the Reign Services with your Facebook account. Jaybird is not responsible for the content or services offered by such third-party providers. You access third-party content or services at your own risk and subject to the terms of use and privacy policies, if any, promulgated by the providers of the third-party content or services. Jaybird does not endorse any third-party content or service providers by allowing the Reign Services to interface with those third-party providers.

 

INTELLECTUAL PROPERTY

You acknowledge that the patents, trademarks, copyrights, and other intellectual property associated with the Reign Services, together with the Reign Services themselves, are the exclusive property of Jaybird and/or its subsidiaries, affiliates, and/or licensors. You agree not to infringe, misappropriate, or otherwise violate any intellectual property owned by Jaybird.

In particular, but without limitation, you may not use any product names, trade names, slogans, logos, and other trademarks and services marks associated with the Reign Services without the prior written authorization of Jaybird, except for the sole purpose of properly identifying products or services originating from Jaybird.

 

DATA OWNERSHIP

Jaybird owns all information collected through the Reign Services. As outlined in the Privacy Policy, however, if you choose to cancel your account, you may also request that we delete all your personally identifiable information by advising Jaybird support in writing at the mailing address listed below. However, Jaybird will not have the obligation to delete, nor may you request that Jaybird delete, any anonymous or anonymized, non-personally identifiable information, and/or aggregated data, that Jaybird may have received and/or otherwise obtained from you.

 

COMMUNICATION WITH JAYBIRD

Jaybird may contact you via email at all times. You agree to provide accurate information to the best of your knowledge in all written or verbal communications with Jaybird.

 

CONTACT JAYBIRD

By Mail:
Jaybird LLC
Suite A-111
3676 California Avenue
Salt Lake City, UT 84104 USA

By Phone:
1.866.244.3399

By Email:
http://www.Jaybirdsport.com/support/

 

DISCLAIMERS

YOU USE THE REIGN SERVICES COMPLETELY AT YOUR OWN RISK, AND THE REIGN SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE. JAYBIRD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS OF THE REIGN SERVICES WILL BE UNTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS, SERVERS, AND OTHER HARDWARE USED IN PROVIDING THE REIGN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPOENENTS. JAYBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE REIGN SERVICES IN TERMS OF ACCURACY, RELIABILITY, EFFICACY, OR OTHERWISE. THE REIGN SERVICES MAY CONTAIN INACCURACIES OR ERRORS, AND JAYBIRD MAY MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO THE REIGN SERVICES AT ANY TIME. YOU, AND NOT JAYBIRD, ASSUME THE ENTIRE LIABILITY AND COST OF ALL REPAIRS, CORRECTIONS, THERAPIES, TREATMENTS, AND SERVICES (HEALTHCARE AND OTHERWISE) NECESSITATED BY ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM OR RELATING TO THE USE OF THE REIGN SERVICES. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE REIGN SERVICES WILL NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE THE RIGHTS OF OTHERS, AND JAYBIRD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE REIGN SERVICES.

Actual results may differ materially from any forward-looking statements provided by the Reign Services. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by Jaybird based on assumptions and estimates that Jaybird believes are reasonable but that are inherently uncertain and unpredictable.

 

LIMITATIONS ON LIABILITY

JAYBIRD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JAYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JAYBIRD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US $500 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO JAYBIRD FOR THE APPLICABLE CONTENTS, SERVICES, OR DEVICES OUT OF WHICH LIABILITY AROSE.

By using the Reign Services and accepting these Terms of Use, you hereby irrevocably and unconditionally waive and agree to release and hold harmless Jaybird, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, directors, and agents from any and all claims, causes of action, damages, judgments, liabilities, and expenses (including but not limited to costs and attorneys’ fees), regardless of the number and nature of the claims (whether arising in contract, tort, or otherwise), arising from or otherwise relating to any act or omission of Jaybird, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, directors, or agents or by any law enforcement authorities during or as a result of any investigations with respect to the use of the Reign Services.

 

INDEMNITY

You agree to defend, indemnify, and hold Jaybird, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, and contractors (collectively the “Indemnified Parties”) harmless from and against any and all claims, actions, causes of action (regardless of form and number), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees, including but not limited to those of the Indemnified Parties (“Claims”) arising from or otherwise relating to your violation of these Terms of Use. You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all Claims arising out of or otherwise relating to your use of any information or other services provided through the Reign Services and/or any information that you provide, that you cause to be provided, or that is provided on your behalf, to Jaybird.

 

MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without reference to any of the choice of law provisions thereof. You specifically consent to personal jurisdiction in the State of Utah in connection with any disputes between you and Jaybird arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. The parties to these Terms of Use each agree that the exclusive jurisdiction and venue for any dispute arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Salt Lake City, Utah. If any action or proceeding is brought to enforce any provision of or declare a breach of these Terms of Use, the prevailing Party shall be entitled to recover, in addition to any other amounts awarded, its costs and reasonable attorneys’ fees, including but not limited to those incurred in any and all appeals or other higher court reviews.

Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Jaybird shall not constitute a waiver of the right to pursue other available remedies.

Any failure or delay by Jaybird to exercise or partially exercise any right, power or privilege hereunder shall not be deemed a waiver of any of the rights, powers or privileges under these Terms of Use. The waiver by Jaybird of a breach of any term, condition or provision of these Terms of Use shall not operate as, or be construed as, a waiver of any subsequent breach.

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be void, invalid, unenforceable, or illegal, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its violability, invalidity, unenforceability or illegality. The other provisions of this Agreement will be unaffected. These Terms of Use, as amended from time to time by Jaybird in its sole discretion, constitute the entire agreement of the parties relating to the subject matter hereof.

 

EUROPEAN UNION

These Terms of Use apply to you if you are a citizen or resident of any of the member states of the European Union (“EU”). Also, if you are a citizen or resident of an EU member state, you have legal rights under EU Directives governing the sale of consumer goods, and those rights are not affected by these Terms of Use, except as may be permitted by applicable EU law. You may have additional rights under applicable national legislation of EU member states.

Last updated 04/11/2016
See Privacy/Legal for further notices