General Legal Statement
Survival Metrics.com General Legal Statement: 012012
Survival Metrics, LLC, the owners, publishers of this website, and anyone else whose information may be included on, or linked to this web site cannot attest to or endorse the safety of using any equipment, supplies, or services evaluated or referred to therein, and such shall at all times be used in accordance with any instructions provided by the manufacturer or supplier. Some survival and outdoors equipment and supplies, such as, but not limited to: matches, flint, tinder, wire, chemicals, medical supplies, saws, cutting implements, and pyrotechnic devices, for example, are inherently unsafe and can injure, maim, or kill even when used appropriately. Any survival situation is inherently dangerous and could result in your or any other survivor's injury, maiming, or death, even if such equipment is used appropriately for its intended purpose. By using this website and any products available through this website, you assume any and all such risks.
Copyright and Trademark notice
Copyright (c) 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014 by Survival Metrics, LLC . All text, graphics, audio files, Java
applets and scripts, downloadable software, and other works on this web site
are the copyrighted works of Survival Metrics, LLC, All Rights Reserved, or
their partners, affiliates, and vendors. Any unauthorized redistribution or
reproduction of any copyrighted materials on this web site is strictly
The following are the protected Trademarks of Survival Metrics, LLC, and
registered with the United States Patent and Trademark Office: “Learn, Carry,
Use, Live.”; “ResQBrite Signal Panel by Survival Metrics”; “Survival i-Shield by
Survival Metrics”; “Head for Survival by Survival Metrics”; “Escape &
Evade”. All rights reserved.
Hyperlink disclaimer Hyperlink Disclaimer:
The Survival Metrics, LLC site contains hyperlinks to other Internet sites not under the editorial control of Survival Metrics, LLC. These hyperlinks are not express or implied endorsements or approvals by Survival Metrics, LLC, of any products, services or information available from these sites.
Informational content disclaimer policy
THE GOODS AND INFORMATION PROVIDED ON THIS WEB SITE IS/ARE PROVIDED ''AS IS'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. SURVIVAL METRICS, LLC'S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION OR PRODUCT RECEIVED (IF ANY). SURVIVAL METRICS, LLC IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Collection and Use of Personal Information
. Survival Metrics, LLC may collect Personal Information when you use certain services on the Survival Metrics, LLC web site at Survivalmetrics.Com or when you visit cookie-enabled web pages. Survival Metrics, LLC may also log your IP address when you use the Survival Metrics.Com web site. Survival Metrics, LLC uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the Survival Metrics.Com web site. Survival Metrics, LLC’s website at Survivalmetrics.Com may also use ''cookie'' files, or similar, to better serve your needs by creating a customized web site which fits your needs.
3. Sharing and Disclosure of Personal Information
. Survival Metrics, LLC will not sell or rent your Personal Information to any individual, business, or government entity. Survival Metrics, LLC will share your Personal Information with other entities should you request Survival Metrics, LLC to share such information, or if Survival Metrics, LLC is required to respond to court orders, subpoenas, or other legal process.
4. User Accounts
. Survival Metrics, LLC allows users to set up personal accounts to shop in our on-line store. You have the ability to edit your User Information at any time, and may delete your account at your convenience. Under no condition will Survival Metrics, LLC share your user account information with another individual, business or government entity, unless Survival Metrics, LLC is required to respond to court orders, subpoenas or other legal process.
. All user account pages are protected with Secure Socket Layer (''SSL'') encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.
. Survival Metrics, LLC reserves the right to amend this policy at any time. Survival Metrics, LLC will contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms of this policy are amended. Survival Metrics, LLC, the owners, publishers of this website, and anyone else whose information may be included on, or linked to this web site have no duty to update this site or the content hereof and Survival Metrics, LLC, the owners, publishers of this website, and anyone else whose information may be included on, or linked to this web site shall not be liable for any failure to update such information.
. You may contact Survival Metrics, LLC directly by e-mailing firstname.lastname@example.org should you have any questions regarding this policy.
Terms of Service Agreement
. Survival Metrics, LLC (''Survival Metrics.Com”) provides its on-line services, products and Web Site to you, the User, subject to this Terms of Service Agreement (''TOS''). Survival Metrics, LLC reserves the right to alter the TOS at any time without notice to User. By using the Survival Metrics, LLC website, located at the URL: www.survivalmetrics.com , User agrees to abide by this TOS Agreement.
2. On-line Services and Disclaimer of Warranty
. The Survival Metrics, LLC web site at Survivalmetrics.Com provides on-line resources including, but not limited to, on-line information regarding Survival Metrics, LLC’s products and information regarding the use of survival and other products that may or may not be sold at the Survival Metrics.com website. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The on-line resources, informational content, and software on this web site is provided ''AS IS'', AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Survival Metrics, LLC assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Survival Metrics, LLC web site at Survivalmetrics.Com..
4. User account
. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Survival Metrics, LLC at email@example.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Survival Metrics, LLC shall not be responsible for User's failure to abide by this Paragraph.
5. Informational content supplied by Users
. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Survival Metrics, LLC web site at Survivalmetrics.com, or privately transmitted through the Survival Metrics, LLC web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Survival Metrics, LLC web site. Survival Metrics, LLC does not and cannot control the informational content Users transmit through the Survival Metrics, LLC web site. Under no circumstances shall Survival Metrics, LLC be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Survival Metrics, LLC be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct
. User agrees to not use the Survival Metrics, LLC web site at Survivalmetrics.Com to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, ''cyberstalk'' or harass another User, or engage in conduct that negatively affects the on-line experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of Survival Metrics, LLC;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of Survival Metrics, LLC's web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including ''spam'' or ''junk mail.''
Survival Metrics, LLC does not pre-screen uploaded, posted or transmitted content, but Survival Metrics, LLC reserves the right to inspect, edit and delete any content that Survival Metrics, LLC knows, or has reason to know, has violated this TOS Agreement. Survival Metrics, LLC reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Survival Metrics, LLC may disclose any informational content Users post, upload or transmit to the Survival Metrics, LLC web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Survival Metrics, LLC, the public, or other Users.
7. Content submitted by Users
. Survival Metrics, LLC does not claim ownership of any informational content submitted by Users to the Survival Metrics, LLC web site. User grants Survival Metrics, LLC a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Survival Metrics, LLC web site. This license exists only so long as User allows its content to remain on the Survival Metrics, LLC web site and will terminate in the event that User removes such content. Information delivered to the Sites (whether via posting, electronic mail, or otherwise) should not be considered by you to be confidential, and Survival Metrics, LLC shall not be responsible to keep such information confidential, and Survival Metrics, LLC shall not be liable for any use or disclosure thereof. All such information is, and shall remain, the sole and exclusive property of Survival Metrics, LLC and may be used by Survival Metrics, LLC for any purpose whatsoever, commercial or otherwise, without compensation. Survival Metrics, LLC welcomes your comments on our offered products, but Survival Metrics, LLC is not seeking any unsolicited ideas, suggestions, or materials relating to the development, design, manufacture or marketing of the products we sell.
. You agree to indemnify and hold Survival Metrics, LLC, and its subsidiaries, owners, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No resale
. User agrees not to reproduce, copy, duplicate, or sell any portion of the Survival Metrics, LLC web site at Survivalmetrics.Com.
10. Limits and modifications
. Survival Metrics, LLC may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in any present or future on-line communities, or to the number of times Users may access the Survival Metrics, LLC web site. Survival Metrics, LLC reserves the right to modify any and all portions of the Survival Metrics, LLC web site without notice. Under no circumstances shall Survival Metrics, LLC be liable to User or any other party for such limits or modifications.
11. Termination of User account
. Survival Metrics, LLC may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall Survival Metrics, LLC be liable to User or any other party for such termination of User's account.
12. Third party advertisers
. Survival Metrics, LLC may allow third party advertisers to advertise on the Survival Metrics, LLC web site. Survival Metrics, LLC takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. Survival Metrics, LLC shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
13. Hyperlink policy
. The Survival Metrics, LLC site at Survivalmetrics.Com contains hyperlinks to other Internet sites not under the editorial control of Survival Metrics, LLC. These hyperlinks are not express or implied endorsements or approvals by Survival Metrics, LLC, of any products, services or information available from these sites.
14. Survival Metrics, LLC's intellectual property rights
. User agrees not to distribute, license, or create derivative works from any of Survival Metrics, LLC's copyrighted or trademarked material, including graphic files and software, available on the Survival Metrics, LLC web site at Survivalmetrics.Com.
15. No warranties
. THE GOODS, INFORMATION, AND ANY DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED ''AS IS'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
16. Limitation of liability
. SURVIVAL METRICS, LLC'S MAXIMUM LIABILITY FOR ANY PRODUCT DEFECT, INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT OR INFORMATION RECEIVED (IF ANY). SURVIVAL METRICS, LLC IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
. Notices may be posted to the Survival Metrics, LLC web site at Survivalmetrics.Com or e-mailed to Users using the e-mail address Users submitted during the registration process.
. This TOS Agreement constitutes the entire agreement between you and Survival Metrics, LLC and governs your use of the Survival Metrics, LLC web site at Survivalmetrics.Com. This TOS Agreement shall be governed by the laws of the State of Colorado. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver in the State of Colorado. The failure of Survival Metrics, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
19. Kit Contents Displayed
. In every instance where the contents of a kit or product is shown, whether on Survival Metrics, LLC’s website at Survivalmetric.Com or in any other publication, notice, posting, reference or advertisement, the contents of that kit or product is subject to change. Survival Metrics, LLC and its suppliers and vendors reserve the right to add, replace, or withdraw items at ours and their discretion.
Survival Metrics, LLC’s POLICIES for operations: 012012
- Survival Metrics, LLC has its Principal Place of Business within the state of Colorado as listed on the Colorado Secretary of State website.
- MAKING A PURCHASE Making a purchase could not be easier. Just browse our on-line catalog, click on any items that you wish to buy, and enter them into the shopping cart. After you have finished your selections, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order.
- We accept Visa/Mastercard credit card payment only from United States banks, or verified PayPal accounts. If you are shopping from North America, place your order and use your credit or debit card with affixed VISA or MASTERCARD logo. International customers are able to purchase items using their verified PayPal account.
- International shipments are made via the U.S. Postal Service First Class Mail International service only. The U.S. Postal Service First Class Mail International service does not provide delivery confirmation or insurance. We retain proof of shipment and the U.S. Customs form in the event the shipment is lost. However, buyer retains the risk of loss using this method. A U.S. Customs number will be issued to the buyer at the time of shipment. Inquiries about the status of the shipment of an order must be made to the destination country’s customs agency.
- We charge when the item is purchased, as we use an automated, third party credit/debit card processing service. You may send your credit card information on our secure website.
MAIL-IN ORDERS : If for some reason you cannot get your card to work on our site, we can do regular mail-in orders using checks or money orders drawn on U.S. based banks and in U.S. dollars. You must be pre-approved before doing this, as some items cannot be done via mail-in order. Contact us for details. LARGE ORDERS: If you are planning a large order, we may be able to grant a discount at our sole discretion. We ENCOURAGE large orders, and we will work to get you a fair price. So e-mail us today to talk about your large order requirements.
Your order is processed (not shipped) within 72 hours after we receive it. We strive to ship within 3-5 business days. Larger orders may take longer, depending on supply. On occasion, some items may be backordered.
- Backorders: We will not ship the complete order until the entire order is complete (i.e., all items are ready to ship). However, if we expect any delay in excess of 10 business days, we will notify you. If we are unable to secure any specific item, we will notify you and await your instructions. If we do not hear from you within 60 days, we will automatically refund your money for that item (shipping and taxes, if applicable, will be refunded for orders where the entire order cannot be filled.) and again notify you of our action.
- There are NO overnight or other special shipment options.
- All shipments are FOB Denver, Colorado, or areas in the greater Denver, Colorado area.
- Shipping and handling charges are included in your shipping price.
- Holiday Season: Orders received between October 15th and January 1st are in the Holiday Season. We will strive to get your order shipped within 3 business days. HOWEVER, as with most retailers during this season, we can get swamped with orders. Please be advised: Your order during this period may take 10 business days to ship. We do NOT offer expedited shipping, no matter what the holiday or occasion. So please, plan in advance.
- Survival Metrics.com makes no guaranty, express or implied, that an order will be received at the shipping destination on a certain date, under any circumstances. TAX CHARGES For orders received from the state of Colorado, (i.e., the billing address is located within the state of Colorado) state sales tax will be applied to all in-state (Colorado) orders. Our Principal Place of Business is located within the State of Colorado, as listed on the Colorado Secretary of State website.
- CREDIT CARD SECURITY: We know of no documented cases of credit card fraud using our shopping system over the Internet. A SSL encryption method is employed.
- CANCELLATIONS Orders may ONLY be cancelled within 24 hours of making the order. This means we must receive your cancellation e-mail within 24 hours after making your purchase. No other cancellations are allowed. The 24 hours begins after you make your purchase, irrespective of business day or holiday/weekend day. If, after 24 hours from your purchase, we do not receive a cancellation e-mail from you, your order will be processed and you will not be refunded the full price. There are no exceptions to this policy. All proper cancellations are subject to a 15% processing/restocking fee.
RETURNS POLICY :
- ALL returns require a Return Authorization number (R.A.#) , which may be obtained by e-mailing us at firstname.lastname@example.org. No refund or credit will be granted to any item sent back without a proper R.A.#., and will be subject to a minimum 15% restocking fee at Survival Metrics, LLC’s discretion.
- Survival Metrics, LLC will repair, replace, or give store credit on defective products at its sole discretion. As a general rule, Survival Metrics, LLC follows manufacturer warranty policies when determining issues regarding repair, replacement, etc.
- Returns of items that Survival Metrics, LLC special orders from a manufacturer will not be allowed. This includes items not in the on-line catalog or unusually large quantities of on-line catalog items.
- Survival Metrics, LLC allows the return, with an issued R.A.#, of non-defective, un-used items for up to 15 contiguous days after the shipping date with receipt of the item at our Returns Address (below) within that 15 day period, and subject to a minimum 15% restocking fee. Any exception to this rule is at Survival Metrics, LLC’s sole discretion. If Survival Metrics, LLC, in its sole discretion, allows this type of return, a restocking fee of a minimum of 15% up to a maximum of 75% may be charged, and especially if the item cannot be resold (e.g., the item or its packaging has been disfigured or marred / marked, discontinued items, missing items, etc.)
- No returns on food items, special orders, or discontinued items are allowed.
- Orders returned by a freight delivery carrier as refused, bad address, or any other reason without prior notification or authorization will be subject to a minimum 15-75% restock fee at Survival Metrics, LLC’s sole discretion.
- Warranty, if any, on defective products may take 21 business days or longer for replacement.
- Non-defective returns will receive purchase credit only, to be redeemed only at Survivalmetrics.Com. No cash refunds are allowed. In accordance with and subject to the Returns Policy above, ship returns via U.S. Postal Service (only), with delivery confirmation, to:
Survival Metrics, LLC
7550 West Yale Ave
Suite # A-225
Denver, CO 80227