Terms & Conditions

Please read these Terms carefully. By accessing www.soekris.com (the “Site”) as a User or placing an order with Soekris Engineering, Inc. (“Soekris”) to purchase products (the “Products”) as a Customer, you indicate your acceptance. We may revise the Terms or Site any time; revisions apply to access or orders placed after the revision date. Updates to these terms will be posted on the Soekris website. Please review these Terms and the list of revisions whenever you access the Site.

Limited License

Your sole right regarding the Site is a limited, revocable, non-exclusive, and non-transferable license (the “Limited License”) to access the Site and purchase Products under these Terms (the “Permitted Uses”). Any use of the Site, its content (“Content”), or any materials linked to the Site, is entirely at your own risk (this includes without limitation any Content about Products).

For the wellbeing of the Site and all Users, we require that you (i) use the Site or Content only as these Terms specifically allow; (ii) respect the Site and Users by not introducing any content that (a) is offensive, (b) violates any third party’s rights, or (c) is likely to disrupt the Site, such as a computer virus; (iii) provide accurate, complete information to Soekris (and notify us of changes within 14 days); (iv) keep confidential, and take full responsibility for, any password we issue you; and (v) abide by all applicable laws.

Any breach of these Terms, or use other than a Permitted Use, terminates the Limited License. We may also require the breaching User to indemnify and hold harmless Soekris and its affiliates (and their respective shareholders, directors, officers and employees) from and against any related losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs).

Intellectual Property Rights

Unless otherwise expressly stated, Soekris owns and has the exclusive right to the Site and Content. Third party names and trademarks are exclusively owned by, and appear with the permission of, their respective owners.

We respect intellectual property rights and insist Users do the same. We will terminate the Limited License of any User who, in our sole discretion, infringes intellectual property rights. Any party who believes any portion of the Site infringes its rights under copyright law is encouraged to notify us under the procedure in the following link: www.soekris.com/copyright

Sale of Products

Terms for Product sales are in our Online Store.

DISCLAIMER; LIMITATION OF LIABILITY

WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, CONTENT, OR ANY LINKED MATERIAL. THEY ARE PROVIDED "AS IS," AND YOU ASSUME ALL RISK OF USE. WE DISCLAIM ALL STATUTORY, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION IS TO STOP USING THE SITE, CONTENT, AND/OR LINKED SITE.

IN NO EVENT WILL SOEKRIS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFIT, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL OUR LIABILITY TO ANY USER FOR DAMAGES OF ANY KIND EXCEED THE AMOUNT, IF ANY, PAID BY THE USER TO US TO ACCESS THE SITE OR ITS SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING THE CLAIM, IF THE LIABILITY RESULTS FROM THE SITE.

Third Party Names or Links Posted on the Site

The Site may contain links to third party web sites and material. Unless expressly stated on the Site, we do not endorse them and are not responsible for them.

Submissions

We welcome you to communicate through the Site. Please keep in mind that any text, messages, or other information in whatever form you provide us (collectively, “Submissions”), becomes our property and we may use it in our sole discretion.

Privacy

Soekris respects your privacy rights. Our Privacy Policy is incorporated into these Terms by reference: www.soekris.com/privacy

Site Access

We operate the Site from Santa Cruz, California. We make no representation that the Site is appropriate or available outside the United States. Access from locations where the Site or Content may be illegal is prohibited.

Choice of Law; Dispute Resolution

These Terms are governed by California law (expressly excluding California’s choice-of-laws provisions and, if applicable, the U. N. Convention on Contracts for the Sale of Goods), with exclusive jurisdiction in Santa Cruz County. The prevailing party in any action or arbitration is entitled to reasonable attorneys’ fees and costs. Any dispute shall be resolved by binding arbitration in Santa Cruz County, California under the rules of the American Arbitration Association, other than any dispute regarding a party’s intellectual property rights.

Sole Agreement; Validity; Waiver

These Terms supersede any other understandings between us regarding the Site. In the event of any inconsistency between these Terms and any other document, these Terms prevail. Each provision is separate, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The waiver or failure of a party to exercise any right in these Terms shall not be deemed a waiver of any other or subsequent right.

Assignment

We reserve the right to assign any right in the Site or Content to a third party. This includes without limitation any rights related to User and/or Customer information, provided that such third party agrees to abide by the then-applicable Soekris Privacy Policy.

Contact Us

Please direct comments and questions regarding these Terms to us at:

SOEKRIS ENGINEERING, INC.,
Attn: Michelle Kristensen, CFO
e-mail: michelle@soekris.com

Effective Date of Current Terms: February 21, 2008