Terms & Conditions
SPYDER DIGITAL RESEARCH INC. ONLINE STORE aka SDRI STORE, aka www.spyderstyle.com, aka Seller (COLLECTIVELY "US", "WE", "OUR"), IS PROVIDED TO THE PURCHASER (COLLECTIVELY "YOU", "YOUR") UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. THIS AGREEMENT APPLIES TO PURCHASES MADE THROUGH SPYDER DIGITAL RESEARCH INC. STORE CONSISTING OF THE SPYDER DIGITAL RESEARCH INC. WEB SITE www.spyderstyle.com AND THE RESPECTIVE WEB SITES AT OUR SUBSIDIARIES, AND PHONE ORDERS PLACED DIRECTLY WITH SPYDER DIGITAL RESEARCH INC. SALES PERSONNEL. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. ACCEPTANCE OF TERMS
By placing an order through SDRI Store you agree to be bound by all of the terms and conditions set forth in this agreement. All communications and transactions initiated through www.spyderstyle.com will be governed by these terms and conditions as the entire, exclusive and definitive agreement between you and SDRI Store.
SDRI Store reserves the right, in its sole discretion, to modify, alter, or otherwise update these terms and conditions at any time without notice. Such changes shall become effective upon publication at this Web site. You may review the most current version of the Terms and Conditions at http://www.spyderstyle.com.
Your total order price will include the price of the product and service (on the day of ordering) plus any applicable shipping and handling charges, taxes, duties, and fees. Unless otherwise stated, all order prices are exclusive of state and local use, sales and similar taxes. Such taxes, when applicable, shall be borne by purchaser. The total order price does not include any forwarding agents' fees covering consular invoices and all such fees shall be borne by you. Any necessary documents required by the country of destination are at your expense.
SDRI Store reserves the right to change prices for products displayed at the Web site at any time. From time to time, a product listed on the SDRI Store Web site may be priced incorrectly due to clerical or technical error, or due to a change in the cost of sales. SDRI Store reserves the right to correct such pricing errors at any time prior to the shipment of any order. In the event of such a pricing change, at our sole discretion, SDRI Store shall either cancel any outstanding orders, or notify you directly and provide you with the opportunity to cancel the order prior to shipment and payment.
SDRI Store will, unless otherwise agreed, only accept payment via credit card. At the time your order is placed, SDRI Store obtains a confirmation from the credit card company for the validity of the credit card. Credit card billing occurs, unless otherwise agreed, when your order ships. At the time your order is shipped, SDRI Store obtains a confirmation from the credit card company for the validity of the credit card. Shipment will not occur unless the validity of the credit card is confirmed.
Payment is due when product is shipped unless otherwise agreed by SDRI Store or stated in any acknowledgement of order invoice amount. Amounts not paid when due bear interest at the highest rate allowed under applicable law. In addition, if you default in any payment, SDRI Store may suspend work under contract, delay or withhold delivery, or cancel contract with you and retain any progress payments or payments on account already received under this or any other contract with you.
4. PRODUCT AVAILABILITY
SDRI Store shall make every effort to ship products to you in accordance with the availability that may be indicated on our Web sites. Notwithstanding the foregoing, SDRI Store expressly states that we shall not guarantee product availability under any circumstances.
SDRI Store will make a reasonable effort to ship products to you in accordance with your selected shipping instructions. If necessary, SDRI Store reserves the right to select an alternate carrier to avoid substantial delay in product shipment. In the absence of specific instructions, SDRI Store will ship by the method it deems most appropriate. All product is shipped F.O.B., SDRI Store "F.O.B." means that the title of products passes to you when SDRI Store delivers them to the carrier and risk of loss passes to you when the carrier delivers products to the address you designate. SDRI Store is under no obligation to replace products lost or damaged in transit. Any payment by SDRI Store of freight charges shall be for your account, and shall not extend the obligations of SDRI Store with respect to delivery. You must notify SDRI Store of damaged or missing items from your order within 5 business days after you received your product.
SDRI Store shall not be liable for any loss, damage or expense howsoever arising from delay in delivery including but not limited to delays caused by governmental order, strikes, lockouts, fires, disasters natural or manmade, weather, and other causes beyond its control. You shall at request of SDRI Store supply SDRI Store with details necessary to allow SDRI Store to make delivery. If you do not comply with such request you shall not be entitled to withhold any payment and shall indemnify SDRI Store against any consequential loss, damage or expense. Notwithstanding any express agreement as to date of delivery SDRI Store shall be entitled to postpone or cancel delivery in whole or in part when it is delayed in or prevented from making or obtaining any goods or materials or part or components or services therefore or making delivery thereof by strikes, lockouts, trade disputes or labour troubles or any cause beyond Seller's control including, but without limitation.
Separate charges for shipping and handling will be shown on the invoice. You will only be charged one shipping and handling charge for each order regardless of the number of shipments.
6. RETURN POLICY
You agree to comply with and be bound by the return policies in connection with returns of products purchased through SDRI Store. Our current return policy is incorporated herein by reference and made part of these Terms and Conditions. Note: this return policy is not a warranty.
You agree to comply with and be bound by the warranties or guarantees in connection with purchase of products through SDRI Store. Our warranty and guarantee is incorporated herein by reference and made part of these Terms and Conditions.
8. DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE PRODUCT OR SERVICE IS AT YOUR SOLE RISK. THE PRODUCT AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- SDRI STORE MAKES NO WARRANTY THAT (i) THE PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SDRI STORE OR THROUGH OR FROM THE PRODUCT OR SERVICE SHALL CREATE ANY WARRANTY NOT STATED IN THIS AGREEMENT.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SDRI STORE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SDRI STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCT OR SERVICE.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
11. INTELLECTUAL PROPERTY
Content included on or comprising the SDRI Store site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S., Canadian and international copyright laws, and SDRI Store owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The SDRI Store logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SDRI Store and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
SDRI Store does not want to receive confidential, proprietary or trade secret information through the www.spyderstyle.com site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to SDRI Store will be deemed non-confidential, and, by submitting any such information, you are granting SDRI Store an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or are otherwise required by law to do so.
If any claim is made against you alleging that product infringes any patent rights, registered designs, copyright or other industrial property rights of another then you shall forthwith notify SDRI Store with full particulars, and SDRI Store or its suppliers or licensors (as case may be) shall be at liberty at their expense to conduct all negotiations and/or litigation in respect thereof and (if necessary) in name of you and if as a result of such negotiations or litigation you shall be unable to use the product substantially for purpose for which it was bought SDRI Store shall take it back and refund price thereof to you and such refund shall not in any event exceed the total price of the product ordered by you.
12. CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SDRI Store of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SDRI Store cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that SDRI Store, in its sole discretion, may terminate your password and account if SDRI Store believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
14. LAWS AND JURISDICTION
You and SDRI Store agree that any dispute, controversy or claim arising out of or relating to this agreement, or to the performance breach or termination thereof, shall be settled by the laws of the Province of Ontario, Canada which shall govern this agreement and to submit to the exclusive jurisdiction of the Ontario courts based in Canada. Any failure by SDRI Store to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
Each party shall bear its own costs, except that the prevailing party in such court will be entitled to recover its reasonable attorneys' fees. Administrative fees and the fees and expenses of the court shall be borne by the party bringing suit. Any additional costs, fees or expenses incurred in enforcing judgment shall be charged against the party resisting enforcement.
16. LINKS TO AND FROM THIRD PARTY WEB SITES
The SDRI Store Web site may contain links to other sites, or may be linked to by other sites. The links are meant to enable access to publicly available information to those who are allowed to the SDRI Store Web site only. SDRI makes no representations whatsoever about any other Web site that you may access through the SDRI Store site, or that may provide you with access to, or information about, the SDRI Store site. When you leave the SDRI Store site, it is understood that SDRI Store has no control over the content on that Web site. In addition, a link to or from a non-SDRI Store Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. SDRI Store makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied. Any pricing or promotional offers you may view on any third party Web site is not valid until confirmed by SDRI Store under the Terms and Conditions listed herein.
These Terms and Conditions may not be modified, altered or amended without the written agreement of SDRI Store. If there is any inconsistency between these Terms and Conditions and any other agreement included with or relating to products or services purchased from SDRI Store these Terms and Conditions shall govern.
These Terms and Conditions represent the entire agreement between you and SDRI Store regarding your relationship with SDRI Store and supersede any prior statements or representations. By using the SDRI Store YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. If you are dissatisfied with SDRI Store in any way, including these Terms and Conditions, your sole and exclusive remedy is to discontinue using SDRI Store.
HOW TO CONTACT US
If you have any comments or questions about this agreement, please do not hesitate to contact us at:
Postal Address: SDRI Store, 213 Sterling Rd., Toronto, Ontario, Canada, M6R2B2
Web site: www.spyderstyle.com
Privacy & Security
We Gather the Following Personal Information About Customers:
Information That You Give Us: We receive and store any information you enter on our website or that you give us in any other way. You can choose not to provide certain information, but this will limit your ability to purchase products offered on the website, or to take advantage of some of our features for website customers.
When you place an order with us, your contact information is used to communicate related information, such as order and shipment confirmation, release date changes and requests for more information to facilitate the processing of your order. You may opt-out of these communications by canceling your order.
We use customer contact information from the account form to customize future shopping for you, to improve our website and products, and, if you choose, to send you information about our company and to inform you of sales and special offers. If, after receiving a non-order related email, you do not want to receive such emails in the future, you can notify us, by clicking on the "unsubscribe" link attached to each email.
We obtain information about you when you search, buy, participate in a contest or questionnaire, communicate with customer service, or otherwise contact us or post information on the website. For example, you provide information when you search for a product; place an order through SDRI or provide information to update or create your account with us (you may have more than one account if you have used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; create any wish or gift list; participate in any forums or discussion areas or product reviews; or create any alerts or other email notification services we may offer now or in the future. The information collected typically includes your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; content of reviews you may provide; e-mails to us; and any other personal information that you provide to us or post on the website.
We occasionally run our own email surveys and we ask visitors for contact, demographic and technical information. We use contact data from our surveys to send users information about our company. This information is also used to contact visitors to learn more about specific problems they might have reported or to give them rewards, if such a reward program is part of the survey. The demographic information is used to learn more about the types of people who visit our site.
We run contests on our site in which we ask visitors for contact information (such as their email address). We use this information to contact the winners. We may share contest information entered on our website with our business and marketing partners.
Automatic Collection of Information: If you purchase any products online, or have any other interaction with our website, we will receive and store information that you provide or that is generated by your actions. For example, like many websites, we use "cookies," which are placed on your computer (explained in more detail below), to remember your name and the contents of your shopping cart. This allows you to leave our site, come back later, and still have the contents of your shopping cart intact. It also lets us personalize your experience at SDRI, tailoring the content to your interests. A number of companies offer utilities designed to help you visit websites anonymously, but if you use these utilities, it may limit your ability to use personalized features that we offer.
The information we receive or can determine from your interaction with our website includes your Internet (IP) address; login and password information; e-mail address; web browser type and version; operating system and computer platform; purchase history, which we may aggregate with similar information from other customers; the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time; cookie number; products you viewed or searched for; areas of our website you visited; and the phone number you used to call our toll-free number. We also may log the length of time of your visit and the number of times you visit and purchase from us. We assign you a unique internal identifier to help keep track of your future visits.
E-mail Communications: We provide email links on our "Support" page that allow you to contact us directly with any questions or comments you may have. We may receive a confirmation when you open any e-mail that we send to you, if your computer supports such capabilities. If you send us any email, we will retain such email and your email address for response. We also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary or duplicate messages to you.
An Explanation of "Cookies" Cookies are alphanumeric identifiers that are placed by us on your computer's hard drive through your web browser to enable our systems to recognize your browser when you make future visits to our website, and to store certain information (such as items placed in your shopping cart) between visits.
Sharing of Information
Sharing with Third Parties. We may share customer information that we collect with third parties. Usually, this information will be shared with a third party that has a relationship with us as a business partner or marketing partner. (See information on Third Party Relationships below.) Also, we may use the information that you provide us, or that we collect about you, in connection with the promotion of our products and services and those of our affiliates. It is not our policy to sell or rent lists of our website customers to unaffiliated third parties.
Sharing with our Contractors. We also may employ other companies and individuals to perform functions on our behalf. Examples include order fulfillment, package delivery, postal mail and e-mail communications, customer lists management, data analysis, marketing assistance, credit card processing, and customer relationship management. These companies and individuals have access to personal information needed to perform their functions, but they are not permitted to use such information for other purposes without our permission.
Promotional Offers May be Sent to You. We may send you offers on behalf of our company, if we believe that you may be interested in receiving these offers. If, after receiving a non-order related email, you do not want to receive such emails in the future, you can notify us, by clicking on the "unsubscribe" link attached to each email.
Sale or Acquisition of Business Units. As we continue to develop our business, we may buy or sell business divisions or companies, we may merge or combine with another company, or our company itself, or all or a significant part of its assets, may be acquired by another company. In such transactions, customer information generally is one of the transferred and shared business assets. The information transferred and shared remains subject to the promises made in any pre-existing privacy notice (unless, of course, the customer has agreed to be subject to new privacy notice terms).
Other Circumstances. If we want to share personal information other than as permitted or described above, we will notify you, and you may choose to instruct us not to share the information.
Third Party Relationships
We have several types of third-party relationships.
- We may choose in the future to offer an affiliate program through a third-party affiliate manager. This program allows other websites to earn money by directing people (through links) to our website. If you sign up as an affiliate, your contact information (website address and related information, email address, mailing and payment addresses, and contact information) is sent to the third-party affiliate manager, who activates your affiliate status and pays you based on the sales you generate for SDRI, Inc. You may apply for this program using an Affiliate Program application. The Affiliate Program area is clearly labeled, and your information is never collected or shared unless you also fill out an Affiliate Program application.
- We bundle software with many of our products. None of your personal information will be provided to these software manufacturers by SDRI. You may choose to register your product independently with the software manufacturer. It is your responsibility to understand the privacy commitments of the software manufacturer, and SDRI accepts no responsibility for the future use of any information provided by you to the software manufacturer in this manner.
Security of Information Stored by Us
During transmission of information by you to our website, we use Secure Sockets Layer (SSL) software, which encrypts information you input. We have to transmit the entire credit card number to the credit card processor or company during order processing.
To the extent that you use our website, and connect to us through your computer, anyone with access to your computer may be able to access our website and conduct transactions in your name. We have no ability to know who has access to your computer, or to your credit card information, or who you have authorized to use such computer or information. Persons with access to your computer may be able to view any private or stored account information or other information that you have given to us. Accordingly, you are responsible for any transactions that are made in your name by someone who has access to your computer or your credit card number. It is important for you to protect against unauthorized access to any login or password information, and to your computer.
You May Access, Change or Modify Your Personal Information
If you have purchased from us or created an account, our site provides you the opportunity to review, correct, or update your account information. You can do this by accessing www.spyderstyle.com and clicking on the "My Account" link.
Your Right to Choose (Opt-Out)
You always may choose not to provide information. Obviously, if you choose not to provide necessary information, we may not be able to process your orders or inquiries. If we permit you to update any information that we store about you, we may keep a copy of the previous information for our records.
If, after receiving a non-order related email, you do not want to receive such emails in the future, you can notify us, by clicking on the "unsubscribe" link attached to each email.
We May Change These Terms
Use of Our Website by Children
SDRI does not sell products for purchase by children. We sell products for purchase by adults. If you are under 18, you may use SDRI only with the involvement of a parent or guardian.
Terms and Conditions of Use, Notices, and Revisions
If you choose to visit our website, your visit and any dispute over privacy is subject to this privacy notice and our Terms and Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the State of Oregon. If you have any concerns or questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact:
Spyder Digital Research Inc.
213 Sterling Rd
Toronto, Ontario, Canada
As is the case with any business, our business changes over time, and our privacy notice and the Terms and Conditions of Use also will change. We may e-mail reminders of our notices and conditions. You should frequently check our website to see recent changes to these terms and policies. Unless stated otherwise, our current privacy notice applies to all information that we have about you and your account.
Related Practices and Information
Terms and Conditions of Use may be found through the links on the bottom of the home page under "Terms & Conditions".
Still Have a Question?
If you didn't find what you needed here, feel free to call our Customer Service center at 416-769-0002 to speak with a Customer Service Representative. If you prefer, contact us via e-mail at email@example.com. Hours of operation: Open Monday-Friday 9AM-6PM EST.
SDRI offers first-rate service and support through our generous warranty policy. Our 1-, 2-, 3-, and 5-year policies include comprehensive, complimentary web-based resources, expert in-house technical support, and worldwide repair and/or replacement coverage. To benefit from this warranty, please contact SDRI Support at www.spyderstyle.com where you can find online support and contact information. You may also contact representatives at the original point of purchase who will be able to help guide you. Warranties vary depending on the product:
A SDRI limited warranty is included with all protection plans. Please read the terms and conditions below.
SDRI Limited Warranty Policy
SDRI (“SDRI”) warrants, to the original purchaser, that this equipment shall be free of defects in materials and workmanship for a period of one (1), two (2), three (3), or five (5) years, depending on the model, from SDRI’s date of original shipment when the equipment is used normally and is properly serviced when needed. If you discover a defect covered by the warranty set forth above, your sole and exclusive remedy will be for SDRI, in its sole discretion to (i) repair or replace the product at no charge to you; or, if a repaired unit or replacement product is not available, (ii) to refund the current market value of your product. You acknowledge and agree that replacement product, at the sole option of SDRI, may be a new product or a remanufactured product. In order to receive the remedy set forth above, you must return the product during the warranty period and include with each returned product (i) a copy of your original purchase invoice to verify your warranty; (ii) a Return Material Authorization number; (iii) your name, address and telephone number; (iv) a copy of the bill of sale bearing the appropriate SDRI serial numbers as proof of date of original retail purchase; and (v) a description of the problem. The customer must pay all transportation costs for a returned product. The product will need to be returned to SDRI within the country of original retail purchase. This warranty applies only to hardware products; SDRI software, media, and manuals are licensed and warranted pursuant to separate written agreement. This warranty does not apply if the product has been misused or has been damaged by accident, abuse, misuse, or misapplication; if it has been modified without permission of SDRI; or if any SDRI serial number has been removed or defaced.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, ALL PRODUCTS ARE SOLD “AS IS” AND SDRI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT FURTHER LIMITING THE GENERALITY OF THE FOREGOING, DOES NOT WARRANT (1) THE PERFORMANCE OR RESULTS OBTAINED FROM USING THIS PRODUCT, (2) THAT THE PRODUCT IS APPROPRIATE FOR THE CUSTOMER’S PURPOSES, (3) THE MANUAL IS ERROR FREE, OR (4) THAT NO DATA WILL BE LOST WHILE USING THE PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE IS ASSUMED BY THE CUSTOMER. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to hardware products manufactured by or for SDRI that can be identified by the "SDRI" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-SDRI hardware products or any software, even if packaged or sold with SDRI hardware. Manufacturers, suppliers, or publishers, other than SDRI, may provide their own warranties to the end user purchaser, but SDRI, in so far as permitted by law, provides their products "as is". Software distributed by SDRI with or without the SDRI brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
SDRI does not warrant that the operation of the product will be uninterrupted or error-free. SDRI is not responsible for damage arising from failure to follow instructions relating to the product’s use. This warranty does not apply: (a) to consumable parts, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-SDRI products; (d) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by SDRI; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of SDRI or a SDRI Authorized Service Provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of SDRI; or (h) if any SDRI serial number on the product has been removed or defaced.
No SDRI dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
Any loss, corruption or destruction of data while using a SDRI product is the sole responsibility of the user, and under no circumstances will SDRI be held liable for the recovery or restoration of this data. To help prevent the loss of your data, SDRI highly recommends that you keep TWO copies of your data; one copy on your external hard disk, for instance, and a second copy either on your internal hard disk, another external hard disk or some other form of removable storage media.
SDRI IS NOT RESPONSIBLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY LEGAL THEORY, INCLUDING LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH SDRI PRODUCTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
Your opening of your package, your use of the product, or your return of the enclosed Registration Card acknowledges that you have read and agree to the terms of this Agreement. You further agree that it is the complete and exclusive state of the agreement between us and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.
Read carefully all information related to warranty and precautions of use of your new SDRI product in the user’s manual.
For products purchased in North America, you may contact SDRI at 213 Sterling Rd., Toronto, Ontario, Canada, M6S4A9. Email: firstname.lastname@example.org. Website: www.spyderstyle.com. Customer service: 416-769-0002
On rare occasions, a newly purchased SDRI product may be delivered in non-working order. We are working to avoid these issues, but unfortunately, these situations may arise from time to time. Within 15 calendar days of purchase, should you experience an issue with your new SDRI product, we ask you to return the product to the place where it was originally bought. You will be required to give a proof of purchase.
Please be sure to back up your data before returning your product to SDRI for repair. SDRI cannot under any circumstances guarantee the integrity of data remaining on a returned product. We make no provisions for data recovery and cannot be held liable for any data loss on products returned to SDRI.
All products returned to SDRI must be securely packaged in their original box and shipped with postage prepaid.
Store Return Information
- All product is shipped F.O.B., SDRI Store "F.O.B." means that title and risk of loss pass to purchaser upon delivery to the carrier. SDRI Store is under no obligation to replace products lost or damaged in transit. Any payment by SDRI Store of freight charges shall be for Purchaser's account, and shall not extend the obligations of SDRI Store with respect to delivery.
NOTE: Your product was carefully inspected and packaged before shipping. If it arrived damaged, that damage occurred during shipment. You MUST file a claim with the carrier. Call the carrier for information on how to file a damage claim. Do not discard the shipping carton.
- Purchaser may select the carrier and the manner of shipment by providing SDRI Store with instructions at the time the order is placed. However, if necessary, SDRI Store reserves the right to select an alternate carrier to avoid substantial delay in product shipment. In the absence of specific instructions, SDRI Store will ship by the method it deems most appropriate.
- SDRI Store is not liable for shipping delays caused by governmental order, strikes, lockouts, fires, disasters natural or manmade, weather, and other causes beyond its control.
- Seller agrees that unsold or returned resale product in unsold or "as new" condition will be accepted by Seller for credit or refund at Seller's discretion. Purchaser acknowledges that opened software, products returned for credit which are incomplete in any manner, or which are not returned in what the Seller's sole judgment is "resalable condition," is not returnable for credit or refund.
- If terms and conditions stated on your purchase order differ from those stated on your invoice and you do not notify SDRI Store in writing of such within fifteen days, it shall signify your acceptance of SDRI Store's original terms as stated on the invoice.
- Clerical errors are subject to correction. All change orders must be confirmed in writing before they can be accepted. All confirming orders must be clearly marked on the purchase order.
- Unless otherwise stated, all prices are exclusive of state and local use, sales and similar taxes. Such taxes, when applicable, shall be born by Purchaser.
- The sales price does not include any forwarding agents' fees covering consular invoices and all such fees shall be born by Purchaser. Any necessary documents required by the country of destination are at Purchaser's expense.
- Product specifications subject to change without notice.
NOTE: Please keep all packing material and documents in the event that your equipment has to be serviced or returned.
Terms and Conditions for Product Return or Exchange
- Any product purchased from an authorized SDRI reseller is subject to the Terms and Conditions of the particular reseller from which it was purchased. If you need to return a product purchased from an authorized SDRI reseller you MUST contact that reseller for return authorization. Returns or exchanges for products purchased directly from SDRI Store must be made within 30 days of shipment and are subject to the terms and conditions listed below.
- Qualifying product must be returned complete, in what the Seller's sole judgment is "resalable condition," and must include original packing materials, manuals, blank registration cards, and all other accessories originally provided with the product. Restocking fees of up to 100% of the original purchase price will be applied if the product, accessories, or packaging are damaged, missing or in non-salable condition. All non-defective returns are subject to a 15% restocking fee.
- Prior to returning ANY product for credit or exchange, you must obtain a Return Materials Authorization (RMA) number from a SDRI Store customer service representative. Please have the following information available when calling for an RMA number: the customer name under which the product was purchased, the sales order number, the serial number, and the reason for return. The sales order number can be found at the top of the packing slip that came with the product. The serial number can be found on the white SDRI bar code sticker on the bottom or back of the product.
- The RMA number MUST be visible on at least two box sides of the return packaging. Products that receive RMAs must be received, shipping pre-paid, with a valid RMA number, on our dock, within 10 days of the RMA number issuance or they WILL BE REFUSED and returned to the sender at the sender's expense.
- All returned products MUST be insured for full value and shipped, pre-paid via a carrier who can provide proof of delivery to SDRI in the event of loss. SDRI Store will not be responsible for carrier loss or damage, or loss due to damage resulting from improper packaging.
NOTE: Returned product that arrives with shipping charges, postage or import duties due, WILL BE REFUSED, and returned to sender at sender's expense.
Credits will generally be processed within fifteen business days following a receipt of the authorized return based on the following:
Credit Cards: The credit card upon which the original purchase has been charged will be credited the eligible charges, less shipping.
Net Terms: Customers on terms will receive a credit to their account, less shipping charges.
Check: Customers who have paid by check will receive a check, less shipping charges, to the party listed as the "bill to:" party on the invoice.
NOTE: The actual amount of any credit will be determined at the sole discretion of SDRI Store depending on the condition of the returned product and the adherence to the above terms and conditions. It may take up to one full billing cycle for the credit to appear on your credit card statement. Please contact your credit card company to check the status of your return.