Conditions of Use

Welcome to SMR Software, Inc's web portal. We hope you will have a pleasant experience while you are at our site. By visiting our site, please be aware that you are indicating your agreement to these conditions.

COPYRIGHT

All content of our site is copyrighted. Much of the graphics, text and computer code contained at our site is owned and copyrighted by SMR Software, Inc, while the remainder belongs to individual manufacturers of products we resell. These items and intellectual properties are the property of SMR Software, Inc or it's suppliers and are protected by US and international copyright laws. All rights are reserved by the respective owners. All software used on, sold by, or downloaded from this site are the property of SMR Software, Inc or it's suppliers. Much of the shopping cart software used at this site is not the property of SMR Software and is provided courtesy of, and protected under GNU license. If you believe that work you have created has been copied in a way that constitutes copyright infringement, please contact us to review such material.

ELECTRONIC COMMUNICATIONS

When you sign up for an account, or fill a form at this web site, you are engaging in electronic communication with our company. In doing so, you are consenting to receive electronic communications from us as well. When you download files from our web site, you consent that you are receiving items that have value, and that you will honor the conditions of any download agreement associated with the receipt of said files. SMR Software respects the privacy of your communications, and will make reasonable effort to protect your privacy as outlined in our privacy policy outlined elsewhere at our web site.

YOUR ACCOUNT

In using this site, you are responsible for maintaining the confidentiality of your account & password. SMR Software accepts no responsibility for damages, real or perceived, relating to unauthorized use of your account. SMR Software expects that all users are of legal age to enter into a sales contract, or that a parent or guardian will be involved in authorizing any purchases. SMR Software reserves the right to terminate any account, refuse service, remove or edit content or cancel orders at our sole descretion.

SITE ACCESS & LICENSE

SMR Software, Inc grants you a limited license to view (access) pages at our site for your personal use. You may not modify any part of it or access the databases through means other than the established web page routes. You may not download, copy, or reproduce and/or republish any content without express written consent of SMR Software, Inc, with the sole exception of files specifically offered for download, which will be subject to their own licenses. In the event that a downloaded file has no license agreement associated with it, laws of fair use will prevail. You are granted a limited, non-exclusive, revocable right to create hyperlinks to the SMR Software site so long as you do not portray any business partnership or association , or portray any false, misleading or offensive character or material.

REVIEWS & COMMENTS

You are invited to post reviews of SMR Software products at this site. SMR Software forbids the posting of obscene, illegal, defamatory or otherwise objectionable content as judged by SMR Software personnel. You may not post content identifying others, or identifying yourself for contact, nor may you use SMR Software reviews and comment areas to endorse competing products. In the review section, you may not post content having nothing to do with the product being reviewed, nor post "Spam" messages. SMR Software reserves the right to remove any posted content at any time without reason or notification. You agree that you are personally responsible for any content you may post, you assert that any content you enter is your own and does not violate another's rights, and you agree to indemnify and defend SMR Software, Inc from any third party's actions resulting from content you might post. SMR Software accepts no liability for any content posted by any individual.

PRODUCT DESCRIPTIONS

SMR Software makes reasonable effort to accurately describe each item we sell, but we cannot warrant that all information found at this site is accurate, up to date, complete or reliable. In the event that you are unhappy with a purchase from SMR Software, please contact us so we may attempt a satisfactory resolution. Also, please view our returns policy elsewhere at this site.

RISK OF LOSS

Once shipped, all products come under the contract of the shipping company. A notice of damage must be submitted in accordance with the shipping company's procedures.

COMPUTATIONAL ERRORS

SMR Software, Inc reserves the right to reject any order. In the event of a computational error where prices as listed are not applied correctly to an order, or where shipping is not computed correctly, SMR Software may ask the customer for corrected funds. In the event that a computational error is made to the customers detriment, applicable portions of funds paid will be returned to the customer in accordance with the credit card merchant agreement terms.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL CONTENT, MATERIALS, SOFTWARE, SERVICES AND INFORMATION CONTAINED AT THIS SITE ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." SMR SOFTWARE INC. MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ACCURACY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, OR AVAILABILITY. YOU EXPRESSLY AGREE THAT USAGE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMR SOFTWARE, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMR SOFTWARE, INC 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 E-MAIL SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMR SOFTWARE, INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR 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.

APPLICABLE LAW

By using the SMR Software site, you agree that any concerns, disputes, or conflicts which may arise shall be governed by the laws of the state of Minnesota, and you consent to give exclusive jurisdiction to appropriate courts or mutually agreed arbiter in the state of Minnesota. You agree that any damages sought shall be limited to the full purchase price of any order(s) you have placed.

Our legal address is:

SMR Software, Inc.
32 NW 4th St
Grand Rapids, MN 55744

SITE POLICIES

Please review our other policies, such as our shipping and returns policy, posted separately on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.
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