Terms and Conditions of Use

      
 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE ("Terms and Conditions") CAREFULLY BEFORE USING THIS WEBSITE. All users ("User(s)") of the Simetra.com, Inc. ("Simetra.com") Web site ("the Site") agree that the access and use of this Site are subject to the following Terms and Conditions and other applicable laws. If any User does not agree to these Terms and Conditions, such User is advised not to use this Site. Prior policies regarding the use of this Web site are hereby superceded by the Terms and Conditions.

General

Simetra.com provides the information, services, text, graphics, links or other material ("Content") on this Site to the User, subject to the User's acceptance, without modification, of the Terms and Conditions. The Terms and Conditions are applicable upon the User's access to the Site. The Terms and Conditions and the Content may be modified, amended, or supplemented by Simetra.com without notice at any time for any reason, and shall be effective immediately upon the posting of such modifications on this Site. The listing of a price is not an obligation to sell. Product offerings are based on availability. All orders for products are subject to quantity limitations established at the discretion of Simetra.com.

Exchange and Return Policy

A valid RMA number must be included w/all products returned. RMA numbers are valid for 15 business days. A Finance charge of 5% APR will be added on all past due accounts. All items returned must be in new condition w/all original packaging materials and manuals. Warranty items over 30 days are subject to manufacturer repair and not replacement. Customer agrees to pay all collection expenses for unpaid accounts (attorneys and courts). Our warranty does not cover accidental damage, abuse, misuse, software or hardware modifications or installation from anyone other than our qualified technicians. All Products/Services are property of Simetra Systems, Inc. until paid in full (6-month warranty on all software upon installation). ALL CUSTOM DATABASES AND WEB SITES ARE NON-REFUNDABLE

Copyright

All Content on the Site is copyrighted as a collective work under the United States and other copyright laws and is the property of Simetra.com. The collective work includes works that are licensed to Simetra.com. No Content, including, but not limited to text, graphics, code and/or software, may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner, nor may be used to create a derivative work without the prior written consent of Simetra.com. Users may print and download portions of material from the different areas of the Site solely for non-commercial use; provided, however, that each User agrees that it shall not change or delete any copyright or proprietary notices from any Content or materials obtained or downloaded from the Site.

Submissions

A User's submission of comments, suggestions, ideas, or any intellectual property, (collectively, "Ideas") shall constitute an assignment of all rights, title, and interest to those Ideas, which will thereby become the exclusive property of Simetra.com. Simetra.com shall be entitled to the unlimited use of the Ideas submitted to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Simetra.com--whether for commercial or non-commercial purposes-and shall be under no obligation to compensate the User for the use of such Ideas.

Disclaimer & Limitation of Liability

  1. SIMETRA.COM SHALL NOT BE RESPONSIBLE TO THE USER OR ANY OTHER THIRD PARTY FOR THE ORDERING, FULFILMENT, DELIVERY OR THE CONDITION, QUALITY, OR PERFORMANCE THEREOF, IN RESPECT OF ANY PRODUCTS ORDERED FROM, OR IN CONNECTION WITH THE SITE.
  2. SIMETRA.COM DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, THE PRODUCTS, OR OTHER SERVICES AVAILABLE FROM THIS SITE (INCLUDING, BUT NOT LIMITED TO, THE FULFILLMENT OF PRODUCT ORDERS) OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. WHILE THE SIMETRA.COM SITE INCLUDES LINKS TO OTHER SITES ON THE INTERNET AS A CONVENIENCE TO USERS, SUCH LINKS DO NOT CONSTITUTE AN ENDORSEMENT BY SIMETRA.COM OF SUCH WEBSITES OR THE CONTENT, PRODUCTS, ADVERTISING, OR OTHER MATERIALS PRESENTED ON SUCH WEBSITES. SIMETRA.COM HAS NO CONTROL OVER AND TAKES NO RESPONSIBILITY FOR THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH SITES, AND THE USER HEREBY WAIVES ANY CLAIM AGAINST SIMETRA.COM WITH RESPECT TO SUCH SITES.
  4. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SIMETRA.COM NOR ANY OF ITS EMPLOYEES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, CONSEQUENTIAL OR COMPENSATORY DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
  5. THE User hereby acknowledges AND AGREES that THE LIMITATION ON LIABILITY and the disclaimer SET FORTH herein SHALL APPLY TO ALL CONTENT, PRODUCTS, AND OTHER SERVICES AVAILABLE THROUGH THIS SITE.
  
 

Purchasing & Warranty

  • All Systems come with a 1-year parts and 2-year labor warranty in store
  • Warranty does not cover software problems
  • No Refunds on special orders exchanges only if defective for the same
  • Shipping Fees and handling are non-refundable
  • Refunds are subject to a 20% restocking fee after 5 business days
  • All Software sales are final
  • $20.00 Charge on all returned checks
  • Refund is made within 5 business days
  • Check with dealer for further details.

Indemnification

Each User agrees to indemnify, defend and hold harmless Simetra.com its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any breach by the User of the Terms and Conditions hereunder.

Notice

Simetra.com may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Simetra.com's account information.

Miscellaneous

The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to the Terms and Conditions, the use of this Site, or the products or services provided through this Site, any such dispute shall be decided by binding arbitration under the rules of the American Arbitration Association in Los Angeles, California. The decision of the arbitrator(s) shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. Any cause of action or claim you may have with respect to the web site must be commenced within one (1) year after the claim or cause of action arises. Simetra.com's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms and Conditions. Simetra.com may assign its rights and duties under the Terms and Conditions to any party at any time without notice. Any rights not expressly granted herein are hereby reserved by Simetra.com.

IF YOUR INTERNET ACCESS DEVICE PERMITS YOU TO DO SO, PLEASE PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.