Terms of Sale (Firebelly)

These terms of sale (“Terms”) apply to all orders accepted by SportTech, LLC (“SportTech”) for the sale of its Firebelly product which is a wearable timing and tracking device for swimmers (“Firebelly”), except in the case that you and SportTech have executed a written agreement that supersedes these Terms. To the extent Firebelly contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent Firebelly consist of items other than Software.

ORDERING FROM THE FIREBELLY WEBSITE

ORDERS

You can browse and place orders for Firebellys through, www.firebelly.me. We’ll ask you for your name, phone number, e-mail address, shipping and billing address, and other information so we can fulfill your order. When you place an order, SportTech’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you.  SportTech does not view or store your credit card information. We store your shipping address so we can process your order through our fulfillment partner.  For more information on SportTech’s data use practices please see the SportTech Privacy Policy.

By placing an order through our website you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Firebelly products purchased by you are for personal or gift use and not for commercial use.

PRICING

Prices listed through the Firebelly website are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to SportTech. You agree to indemnify and hold SportTech harmless from and against any liabilities, interest, penalties or fees assessed against SportTech arising from your failure to pay any such taxes. All product prices are subject to change at any time.

ACCEPTANCE AND FULFILLMENT

All orders are subject to acceptance by SportTech. After you place an order, you will receive an email from SportTech confirming that SportTech has received it. Acceptance of your order will occur upon your receipt of another email from SportTech containing a shipping confirmation, tracking number and carrier information. If an order is on back order, we’ll send you an email indicating that this is the case, followed by another email when the items in question are in stock containing a shipping confirmation, tracking number and carrier information. SportTech reserves the right not to accept your order for any reason or no reason. Sport Tech reserves the right to restrict multiple quantities of a Firebelly being shipped to any one customer or postal address.

RESALE

Purchases made through the Firebelly website are intended for end users only, and are not authorized for resale or to be exported.  Your purchase is for your own use and may not be sold, leased, or transferred to restricted countries, restricted end users, or restricted end uses according to U.S. export and sanctions laws.

SHIPPING AND DELIVERY

SportTech will pack the Firebelly product in accordance with its standard practices. You can choose the method of shipment and timing of delivery for products ordered, and will be charged shipping and handling charges accordingly. Title to the products (except to the extent that the products consist of Software) and risk of loss will pass to you upon SportTech’s delivery of the products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. SportTech will make reasonable efforts to meet the scheduled shipment dates, but in no event will SportTech be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

RETURN POLICY

If you are unsatisfied with any product purchased from the Firebelly website for any reason, you will have forty-five (45) days from the date of purchase to request a full refund.  The Firebelly product must be returned to SportTech in the original packaging along with all Firebelly accessories and a copy of the paid receipt.

LIMITED PRODUCT WARRANTY

SportTech warrants to the original purchaser that your Firebelly product and accessories (collectively, the "Product") shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the "Warranty Period").

This warranty does not apply to a product or part of a product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by SportTech, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) use with non-SportTech products; (b) accident, abuse (including dropping the product on a hard surface), misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the product such as discoloration or stretching; or (d) operating the product (i) outside the permitted or intended uses described by SportTech, (ii) not in accordance with instructions provided by SportTech  or (iii) with improper voltage or power supply.

REMEDIES

If such a defect arises and a return authorization request is received by SportTech within the applicable Warranty Period, SportTech will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by SportTech itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.

HOW TO OBTAIN WARRANTY SERVICE

To obtain warranty service, a return authorization must be requested from SportTech. To request a return authorization, please contact us at the number set forth below. The return authorization number must be included along with your returned product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by SportTech. As may be required by applicable law, SportTech may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. 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 warranty service, and SportTech will not be responsible for any such loss.

EXCLUSIONS AND LIMITATIONS

SportTech does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover software embedded in any Product and related services provided by SportTech.

COMPATIBILITY

You acknowledge that you have verified the compatibility of the Firebelly products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Firebelly product). You are solely responsible for determining the compatibility of the Firebelly product with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Firebelly product and does not otherwise constitute a basis for receiving a refund after the 45 day refund policy identified above.

LIMITATIONS ON LIABILITY

IN NO EVENT WILL SPORTTECH BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT SPORTTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SPORTTECH AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SPORTTECH’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO SPORTTECH BY YOU FOR THE FIREBELLY PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

CONSULT YOUR DOCTOR BEFORE USING FIREBELLY

Firebelly is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using Firebelly, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using Firebelly and consult with a medical professional. SportTech is not responsible for any health problems that may result from training programs, consultations, products, or events you learn about from SportTech. If you engage in any exercise program you receive or learn about from SportTech you agree that you do so at your own risk and are voluntarily participating in these activities.

SOFTWARE LICENSE

SportTech grants to you a nonexclusive, nontransferable license to use the Software, in executable form, solely as embedded in the Firebelly product, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of SportTech, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. SportTech reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement. Any software that is part of your purchase will have its own license agreement, including any open source provisions.

DISPUTE RESOLUTION

You agree that any dispute between you and SportTech arising out of or relating to these Terms, or any other Firebelly products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

GOVERNING LAW

The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of laws principles.

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim against SportTech, you agree to try to resolve the Dispute informally by contacting This email address is being protected from spambots. You need JavaScript enabled to view it.. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or SportTech may bring a formal proceeding.

WE BOTH AGREE TO ARBITRATE

You and SportTech agree to resolve any Disputes through final and binding arbitration.. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work or any other location we agree to.

JUDICIAL FORUM FOR DISPUTES

You and SportTech agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and SportTech consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

LIMITATION ON CLAIMS

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Firebelly products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Please publish modules in offcanvas position.