SRM Terms and Conditions

 

Updated March 24, 2015

 

Schoberer Rad Messtechnik - SRM and Ingenieurburo Schoberer - IBS GmbH, and SRM Service Center, Inc. d/b/a SRM USA, (“SRM”) has created and offers this website and web-store governed by the following legal notices and conditions. By using SRM’s website/store you agree to these conditions and terms.

 

SECURITY/PRIVACY

 

The internet is an open network and is not secure. If you choose to send and receive any electronic communications with SRM through use of this website/store either through e-mails or posting messages, you acknowledge and recognize the inherent risk of such an open network. SRM does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. With respect to the transmission of personal information including, but, not limited to, credit card information, personal information, URL’s, IP addresses, or other information collected through registration, purchases, surveys, or bogs, SRM will make reasonable efforts to protect that information using reasonable security measures that meet generally acceptable industry standards for security. Personal and credit card information should only be provided through SRM’s check-out procedure which uses encryption technologies to provide secure on-line transactions to protect this information.

 

ELECTRONIC COMMUNICATIONS

 

Communications between SRM and you on the website/store may be done electronically. SRM may communicate with you electronically, whether by e-mail, posting of notices on the website, or other electronic means. By using the SRM website/store, you agree that such electronic communications are communications considered to be in writing. Do not send personal information such as addresses or credit card information by e-mail. This information should only be provided through the secured payment device on the website/store.

 

YOUR ACCOUNT

 

You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer and mobile devices, and you agree to accept responsibility and liability for all activities that occur under your account and password. SRM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not purchase items from SRM’s website without the direct involvement of a parent or legal guardian who is over the age of 18. Any purchases by a person under the age of 18 are null and void.

 

LINKS TO OTHER SITES

 

The links available on the website/store to you may redirect you to leave SRM’s website/store. When this occurs, SRM cannot guarantee that the hyperlinks set out on our website/store will be accurate in any respect. The third party websites accessed through these hyperlinks are developed and maintained by person(s) or entity(ies) over which or whom SRM has no control or right of control. SRM cannot and does not monitor these websites linked to our pages on the internet. Accordingly, SRM assumes no responsibility or liability for the content of any website referenced to by any hyperlink, and SRM does not warrant or guarantee the content of these websites in any manner or respect. SRM believes that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common and customary expectations of those who make use of the internet. These links are provided only for your convenience and information purposes only, and their inclusion does not constitute or imply approval or endorsement by SRM of their sites or their content.

 

INTELLECTUAL PROPERTY

 

All content and information on the website/store, including, but, not limited to, text, graphics, logos, images, audio clips, data compilations, software, photos, and pricing, is the property of SRM and protected by the laws of the United States, Colorado and International copyright and any applicable patent laws for all items contained therein.

 

SRM’s graphics, logos, page headers, button icons, scripts, service names are trademarks, or trade dress of SRM in the United States, Colorado and all other countries, and protected by all applicable laws. The trademarks and trade dress may not be used in any manner prohibited by law or prohibited by SRM, including, but, not limited to, any manner likely to cause confusion among customers or to disparage or discredit SRM. There may be other trademarks not owned by SRM appearing on the website/store. Those trademarks are the property of their respective owners, who may or may not be affiliated with SRM. If you believe that your work has been copied by SRM, please contact SRM at usa@srm.de.

 

LICENSE AND SITE ACCESS

 

By using the website/store, SRM grants to you a limited license to use its website/store pursuant to these conditions and terms. This limited license does not permit you to copy or reproduce the website/store, or any portion of it, without the express written consent of SRM.

 

REVIEWS, COMMENTS, COMMUNCIATIONS AND OTHER CONTENT

 

You may post content on certain portions of SRM’s website/store, and submit other content or information to SRM, provided that the content is legal, not damaging to third parties, or otherwise objectionable, as determined by SRM. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content.

 

Posting content or submitting material shall grant SRM the right to use and display such content pursuant to a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub- licensable license. You grant SRM and sub-licensees the right to use the name that you submit in connection to the obligation to monitor and edit or remove any activity or content. SRM accepts no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS, RETURNS, REFUNDS AND TITLE

 

All items purchased from SRM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the common carrier whether UPS, Fed Ex, DHL, U.S. Mail or other carrier.

 

SRM does not take title to returned items until the item arrives at our Service Center in Colorado Springs. At our discretion, a refund may be issued without requiring a return. In this situation, SRM does not take title to the refunded item. For more information about our returns and refunds, please see SRM’s return policy.

 

PRICING AND PRODUCT DESCRIPTIONS

 

SRM makes every effort to ensure the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, SRM shall have no obligation to fulfill the order, and will, at SRM’s sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. SRM does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by SRM is not as described, your sole remedy is to return it in the unused condition.

 

RETURN POLICY

 

SRM upholds the highest standard of quality for each of our products. We guarantee that the quality of all our products will meet or exceed expectations. If for any reason you are not completely satisfied with your purchase, you may return any item in its original condition within 30 days of receipt and we will gladly provide a refund, replacement, or an exchange. A restocking fee may be assessed on new/unused items returned after 30 days.

 

PRESS RELEASES

 

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of SRM’s knowledge and information, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

SRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BUT, NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICLUAR PURPOSE. SRM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SRM ARE FREE OF VIRUSESS OR OTHER HARMFUL COMPONENTS. SRM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT, NOT LIMITED TO, ACTUAL AND CONSEQUENTIAL, ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

CLAIMS AGAINST SRM

 

If you have a claim against SRM, you agree that it will be resolved through mediation, and if not successful, binding arbitration. This means that you are giving up your right to sue SRM in a court of law. Any arbitration will be conducted through the Judicial Arbiter Group or other comparable mediation and/or arbitration entity pursuant to Colorado Uniform Arbitration Act, C.R.S. § 13-22-201 et. seq. You also agree not to bring a class action suit against SRM, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action for equitable relief, if that is the only available appropriate relief under the circumstances.

 

APPLICABLE LAW

 

The laws of the state of Colorado and federal law to the extent applicable governs the use of SRM’s sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in in the state courts for El Paso County, Colorado.

 

SRM’S RIGHT TO AMEND AND REMOVE POLICIES

 

SRM has the right to modify, amend or delete any policy posted on its sites at any time or any reason without notice. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

 

SRM’S ADDRESS

 

SRM Service Center, Inc. d/b/a SRM USA

720 W. Monument Street

Colorado Springs, CO 80994