Effective as of September 29, 2022
1. Welcome to SDR Communications, Inc.
SDR Communications, Inc. (“SDR” or “we,” “our” or “us”) operates the website located at the URL sdr-communications.com, (including, without limitation, both mobile and online versions of our website). Thank you for visiting our website.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Please note that there are additional policies that apply to your use of this Site:
2. Acceptance of these Terms of Service
Your access to and use of the Site is subject to your continued compliance with these Terms of Service and all applicable laws. Your right to access and use the Site will terminate immediately, without any further action by SDR, if you breach these Terms of Service.
3. Modification, Termination and Changes to Terms of Service
We reserve the right, in our sole discretion, to modify, terminate or update these Terms of Service at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Service will supersede and replace any previous Terms of Service effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Service as posted here for any changes. Your continued use of the Site after the posting of changes to these Terms of Service will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Site if you do not agree with any changes to these Terms of Service.
4. Use of the Site
You may use the site for personal, noncommercial purposes only. You may not use the Site if you are under the age of 13. If you are between the ages of 13 and 18, you may only use the Site with the involvement of a parent or guardian. To use services, or otherwise access the Site, you must be 18 years of age or over.
Pursuant to 47 U.S.C. Section 230(d) as amended, SDR hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
5. Intellectual Property Rights
The Site and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, data compilations and the design, selection and arrangement thereof, and the trademarks, service marks and logos and HTML used to generate the pages (“Marks”) contained therein are the exclusive property of SDR or our licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
No right, title, or interest in or to the Site, or the Marks is transferred to you and all rights not expressly granted are reserved. Any use of the Site that is not expressly permitted by these Terms of Service may be a breach of these Terms of Service and may violate copyright, trademark and other laws.
SDR tries to ensure that the information on the Site is accurate and complete. Your use of the Site is at your risk. SDR does not warrant that the functional aspects of the Site will be error free or that the Site, or the server that makes it available, are free of viruses or other harmful components. SDR makes no warranties about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any information found on this Site. SDR reserves the right to withdraw, temporarily or permanently, any information from the Site at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Site, you acknowledge, agree, and confirm that SDR is not liable to you or any third party for any such withdrawal.
You may not under any circumstances:
- Access data not intended for you;
- Use the Site for any unintended purpose;
- Attempt to probe, scan, or test the vulnerability of the Site without proper authorization;
- Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Site, or overload, “flood,” “spam,” “mailbomb,” “crash,” or tamper with, impair, damage, attack, exploit or penetrate the SDR system or network, or otherwise attempt to interfere with or compromise the system integrity or security of SDR or any connected networks, or take any action to impact the proper operation of the Site and any person’s or entity’s use or enjoyment thereof;
- Bypass the measures we may use to prevent or restrict access to or use of the Site, including by hacking into secured or non-public areas of the Site, circumventing any geo-blocking mechanisms or otherwise;
- Use the Site to collect any personally identifiable information submitted through the site; or
- Forge communications on behalf of SDR (i.e., impersonate SDR), or to SDR impersonating someone else.
7. Privacy and Communications
CONSENT TO INFORMATION COLLECTION AND STORAGE ON OUTSIDE PLATFORMS
We collect limited information about customers, as is necessary to respond to inquiries and fulfill orders. The type of information we collect consists of: First and last name; Phone number; E-mail address; Physical address; and Company name (if applicable). We use Grasshopper to collect this information as needed for the scheduling and communication about field services and technician visits. We use Outlook to collect this information by e-mail. SDR maintains a data system that stores the information collected on Zoho Workdrive. Access to Zoho Workdrive is limited by SDR’s Internal Systems Administrator, and is only granted to certain of our employees who must create individual usernames and passwords for additional security.
CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by mail to a physical address. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
MOBILE MESSAGING TERMS
When you provide us with your mobile telephone number, you agree that SDR may send you text messages (including SMS and MMS) to that mobile telephone number. SDR will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You may opt-out of receiving any future text messages from SDR at any time by texting “STOP” in response to a text message that you receive. If you opt-out, you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any text messages from us unless you re-subscribe. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Site.
You agree to notify us of any changes to your mobile telephone number, and you agree to provide a current and updated mobile telephone number. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
8. Modification or Suspension of the Site and Right to Terminate Your Use of the Site
We reserve the right to change, suspend, or discontinue any aspect of the Site at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Site entirely. Any description of features on the Site shall not be considered to be a representation by SDR that such features will always be included on the Site. From time to time, we may restrict access to some or all of the Site. We also reserve the right to restrict your use of or access to the Site, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Site may become unavailable to you at any time and for any period.
9. Links to Third-Party Websites
10. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
All contents of the Site including but not limited to text, design, graphics, interfaces, or code are the property and Copyright of SDR. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to SDR, or other respective owners that have granted SDR license to use such marks.
If you believe that any content appearing on the Site, including content created and/or displayed by SDR or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
A notification of claimed copyright infringement should be e-mailed to our copyright agent at firstname.lastname@example.org with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:
SDR Communications, Inc.
872 S. Milwaukee Ave., #269
Libertyville, IL 60048
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material;
- how we can contact you, such as your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
- a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SDR and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SDR’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
11. Warranty Disclaimer
The information, software, products and services included in or available through the Site are continually upgraded and updated. While SDR will use commercially reasonable efforts to verify the accuracy of any information it places on the Site, SDR does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. SDR AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE SITE, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
SDR reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Site and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.
12. Indemnity and Release
You agree to defend, indemnify, and hold harmless SDR and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against SDR by any third party due to or arising out of or in connection with (i) your use of and access to the Site, including any data transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.
CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. Limitations on Liability
IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
UNDER NO CIRCUMSTANCES WILL SDR AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR DATA. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS SDR AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. SDR MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
14. Law and Jurisdiction
These Terms of Service and any dispute that may arise between you and SDR shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
15. Binding Arbitration and Class Action Waiver
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at email@example.com with “Arbitration Request” in the subject line. You may also contact us by mail at:
SDR Communications, Inc.
872 S. Milwaukee Ave., #269
Libertyville, IL 60048
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with SDR only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Service or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Lake County, Illinois.
16. Waiver and Severability
No waiver by SDR of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of SDR to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Service without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
19. Entire Agreement
These Terms of Service and the other agreements referred to herein constitute the sole and entire agreement between you and SDR with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
It is our goal to provide you with first-rate service, so if you have any questions or comments about these Terms of Service, please feel free to contact us by e-mail at firstname.lastname@example.org or write to us at:
SDR Communications, Inc.
872 S. Milwaukee Ave., #269
Libertyville, IL 60048