Terms, Conditions & Privacy
Swiperstrips by Safer
Innovations Group, LLC - Limited Warranty
Safer Innovations Group, LLC warrants the Swiperstrips
product to be free from manufacturing defects in workmanship and materials
under normal use for the current winter season purchased. Should failure occur,
Safer Innovations Group, LLC requires the return of the Swiperstrips product to
determine the cause. Upon receipt of said return, Safer Innovations Group, LLC
will inspect the Swiperstrips product and determine cause of failure. If Swiperstrips
product are determined to have failed due to material and/or workmanship, Safer
Innovations Group, LLC will replace or issue a credit for the Swiperstrips
product at their sole discretion.
Disclaimer and Limitations on our Liability
By using this site, services and products, you do so at your own risk. The site, services and all products are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Safer Innovations Group, LLC and its officers, employees, managers, members, parents, subsidiaries, corporate affiliates, agents, and licensors (referred to collectively as "affiliates") disclaim all warranties of any kind, express or implied, with respect to the site, services and products (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
In particular, Safer Innovations Group, LLC and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site, services and/or products (including, without limitation, any reviews, recommendations, comments or other content available on or through the site, services and/or products) or the content of any web sites or resources linked to the site, services and/or products. Safer Innovations Group, LLC and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site, services and/or products; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site, services and/or products; (e) any bugs, viruses, Trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on or through the site, services and/or products.
Except as expressly provided in these terms or in any applicable additional terms, Safer Innovations Group, LLC and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised or offered for sale on or through the Swiperstrips by Safer Innovations Group, LLC site, services and/or products, or any linked web site.
To the fullest extent permitted by applicable law, neither Safer Innovations Group, LLC nor its Affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential or exemplary damages, including, damages for loss of revenues, bodily harm, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to use of the site, services and/or products.
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 and disclaimers may not apply to you. To the extent Safer Innovations Group, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Safer Innovations Group, LLC’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless Safer Innovations Group, LLC and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Safer Innovations Group, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Safer Innovations Group, LLC in such defense.
Under no circumstances will Safer Innovations Group, LLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, the Services and/or the Product, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration may be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in a preferred city/location, to be determined by Safer Innovations Group, LLC, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Safer Innovations Group, LLC to enforce any right or provision of these Terms will not prevent Safer Innovations Group, LLC from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site, Services and/or Products, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services and/or Products.
This Limited Warranty specifically excludes damage resulting
from “acts of nature”, misuse, abuse, neglect, alteration, modification,
improper installation, stretching, an attempt to lift and reapply, use outside
of recommended temperature range and application to untreated/uncleaned
windshield. Safer Innovation Group LLC’s definition of material, i.e. EPDM
rubber, is considered a consumable and is therefore excluded from the provision
of the Limited Warranty. Except for the Limited Warranty stated above, there
are no warranties of Safer Innovation Group, LLC products, or any part thereof,
whether expressed or implied. Any implied warranty of merchantability or any
warranty of fitness for a particular purpose is expressly disclaimed. Some
states do not permit the disclaimer of implied warranties.
Repair or Replacement
If Safer Innovations Group LLC’s Swiperstrips are suspected
of being defective, it must be returned to an authorized dealer or place of
purchase for warranty inspection. Removal, installation, or reinstallation
costs are not covered by this Limited Warranty. Safer Innovations Group LLC
will issue an RGA number (returned goods authorization) to dealer or place of
purchase for the returned item(s). Upon receipt, Safer Innovations Group LLC’s
will inspect and determine cause of failure. If the Swiperstrips are determined
to have failed due to material and/or workmanship, Safer Innovations Group
LLC’s will replace or issue a credit for the item(s) returned for limited
warranty. Without proper receipt of the original product, as stated, processing
of the return cannot occur.
Please allow up to 30 days from receipt of your return to be