POLICIES

SVALT designer and founder, Chad, brings a personal experience to SVALT’s locally made products, so please contact us if you have questions about any of the following policies:

• Orders and Shipping
• 15-Day Returns and Replacements
• 1-Year Limited Warranty
• Trade-ins
• Legal
• Privacy
• Terms of Service

Orders and Shipping Policy

All Orders - Shipping Lead Times
SVALT makes products locally with each product hand built to a customer’s selected order configuration. Aluminum parts are hand finished and anodized in weekly batches by color, and estimated build lead times may vary by anodized color.

Orders ship out based on the estimated build lead time listed under the product’s dropdown selector located above the “Add to cart / Buy it now” buttons on each product and accessory product page. The listed estimated build lead time can also be found in your order’s email notifications and within the product model name’s selected color, such as “Gray: 1-3 days.” The estimated build lead time is the period of time from order processing to dropping off the shipment with the shipping carrier, and does not include shipping transit times. The lead time is provided for normal business days. The lead time is for a single item, and an order with multiple items will increase the lead time. Please contact us if you have any questions about when your order is estimated to ship out.

Orders received before 10AM (PST) during normal business days are processed the same day. Orders received after 10AM or during non-business hours are processed the following business day. Orders are automatically authorized when placed, then each individual order is reviewed for fraud before payment is capture, or the order will be canceled if fraud is detected.

Normal business days are Monday to Friday, excluding Saturdays, Sundays, holidays, inclement weather or other "Acts of God" (circumstances beyond anyone's control).

All Orders - Communications
Email is used for all order communications. A valid email address must be used for an order, otherwise the order may be cancelled. Email notifications are automatically sent through the order process, and direct emails may need to be sent on occasion. Automated notifications are sent when you place an order and again when your order has been processed for shipment. A shipping tracking number is issued when the shipping label is created, however, the shipping status will not be updated until the shipping carrier has scanned the package, which usually happens at the end of the business day. We provide shipping update notifications when the shipping carrier has updated our systems that the shipment is out for delivery and when the shipment has been delivered. For the most up-to-date shipment status, please refer directly to the shipping carrier’s tracking systems, and please use the shipping carrier’s customer account and tracking services to manage your delivery as required.

If you have any special requirements for your shipment, such as requiring a signature for delivery, an adult signature or special delivery instructions for the shipping carrier, then please add these to the order notes and/or contact us within an hour of placing your order.

Domestic Orders
SVALT ships domestically within the United States by UPS, but USPS might be used for small accessory items. SVALT is an Oregon based company that does not collect sales tax. The customer is solely responsible for their local state and county compliance. Check with your local tax office for additional details. We cannot ship to P.O. Box addresses. If an order is placed with a P.O. Box, then we will contact you, and the order may need to be cancelled with a new order placed that uses a full street address. For California residents, see CA Proposition 65 Warning.

International Orders
SVALT makes USA products in Portland, Oregon, USA. International customers can choose to use DHL or UPS to ship and import products into their country. The customer is solely responsible for their country’s compliance, and SVALT does not collect import fees (including brokerage fees, customs, duties, tariffs, VATs, taxes, and other import country fees) on the behalf of the country of import. SVALT cannot reimburse you for your country’s import fees. In most cases your country will require you to pay import fees at the time of delivery. Check with your local tax and customs office if you require additional details. You can also use one of the free online duty calculators for a basic duties estimate (use HTS harmonized import tariff code 8473.30.0002). Note that failure to pay import fees or refusal of delivery may result in the abandonment of the shipment and will result in the forfeiting of refund and replacement options.

International shipments require a valid shipping address, contact phone and contact email for the shipping carrier to collect additional information required by your country’s customs office, arrange import fees payment, and schedule delivery (note that a signature is typically required for delivery). If the shipping carrier has not connected with you about the import of your shipment within 24 to 48 hours after a shipment has been dropped off with the carrier (shipping label created and shipment registered as being in their system), then it is recommended that you reach out directly to the shipping carrier. Note that if shipping into Europe, then customs will request your Tax ID to process import, and if you are importing as a company instead of an individual, then your country’s customs office may require you to provide an EORI number and complete associated paper work.

We cannot ship to remote international locations, or remote residential addresses. We cannot ship to P.O. Box for any country. If a shipping option is not available after you enter your shipping address, then that country may not be supported at this time, however, you can contact us for confirmation or to request that we add your country.

International orders are limited to a single product per shipment, so if you wish to place an order for more units, then please contact us before placing an order.

Completed Orders
Once an order’s shipment has been transferred to the shipping carrier (UPS, USPS, DHL, etc), then the order is deemed complete and SVALT has fulfilled it’s order obligation.

Cancelled Orders
If you wish to cancel an order for a full refund, then please contact us as soon as possible because we custom build each product to a particular order configuration. If an order is already built and/or if payment for the order has been captured, then a cancelled order has a 5% restocking fee. If an order has a shipping label (an automated email notification will be sent with the shipment tracking number once a shipping label has been created for an order), then a cancellation request will go through a return process. If you wish to cancel an order, then please contact us as soon as possible so we can begin the process and attempt to reduce costs.

Edited / Customized / Modified / Delayed Orders
SVALT offers customers the ability to connect directly with SVALT designer and founder Chad, who enjoys helping customers find the best solution for their workstations. This can lead to customers requesting a change to their original order, such as an edit of the order from one model to another, or possibly a customized or modified item. Customer communications and requests for changes or communications about an order’s estimated build lead times are considered official changes to the order. Cancelled special non-standard customized or modified orders include a 10% restocking fee.

Pre-Orders for Pre-Release Items
Pre-orders will ship out within an estimated pre-order lead time presented on the pre-release product page at the time of your pre-order and as included within the order’s “est. build lead time” product configuration. The estimated lead time has a range based on our best case and worst case expectations, however, unforeseen issues can arise with manufacturing that could alter our estimates. In this case, the change to the estimated lead time will be communicated to the pre-order customer by email updates. Cancelled pre-orders include a 10% restocking fee.

Damaged, Lost or Stollen Shipments
Please ensure that the shipping address provides a secure delivery location. If a shipment has been damaged, lost or stollen, then contact us within 24 hours of the shipment delivery or the shipping carrier’s indicated delivery.

Estimated Transit Time Map for UPS Ground
The following map comes from UPS and is provided here for estimate purposes only. It may change at anytime, see UPS for updates and conditions.

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15-Day Return and Replacement Policy

SVALT offers a 15-day return and replacement for incorrect or defective items to US customers (international customers, please contact us to discuss options).

All of the following must be met to qualify for return:

• You are the original US purchaser with proof of purchase directly through SVALT (svalt.com).
• Contact us to provide the reason you are requesting a return.
• Return item to SVALT (delivered to SVALT) within 15-days from when customer received shipment (delivered to customer).
• Return item new, unused and undamaged.
• Return item with all new, unused and undamaged accessories and packaging.

Non-qualifying reasons for return:

• Exclusions listed above or elsewhere in this policy.
• International orders are not set up for returns and replacements. All international orders are final. If an issue does occur with an international order, then please contact us to discuss the situation.
• Sending an item back to us prior to contacting us and receiving approval for return or replacement.
• Items returned and/or received by SVALT past the 15-day return period from when the original shipment was delivered to customer.
• Items which are: not in new and original condition, showing wear and tear that is not ordinary, exposed to water, damaged due to accident, abuse, misuse, unusual stress, improper repair, modification, showing signs of third-party repair or accessories, or which have been disassembled will not qualify for a replacement and will receive only a partial refund, if otherwise qualifying for refund.
• Only items that are incorrect or defective when you received them will be replaced. We reserve the right to refuse any return not due to an incorrect or defective item.
• Items are hand finished and some variation across surfaces is considered normal. The non-visible bottom/back surfaces and interior surfaces are considered non-cosmetic.
• Items damaged in transit must be reported to SVALT within 24 hours of receiving shipment.
• Performance results vary and are not guaranteed.
• Refurbished and/or factory second items are non-returnable and non-refundable.
• Discounted and/or sale items are non-returnable and non-refundable.
• Special non-standard customized or modified orders are non-returnable and non-refundable.

Return process and details:

• Once you have contacted SVALT and your return has been approved, then we will email you instructions for returning the item.
• Please note the following about shipping: 1) Use a shipping method that includes tracking, such as UPS, Fed Ex or USPS. At your request, SVALT can provide a prepaid USPS shipping label to return the qualified replacement item to SVALT from the original order address for US customers with Continental US addresses only. 2) You are responsible for shipping the replacement items in the original or equally protective shipping box and cushioning material. 3) SVALT is not responsible for items lost or damaged during transit to SVALT. 4) SVALT will cover the cost to ship the replacement item from SVALT to the original order address for US customers with Continental US addresses only. 5) You are responsible for covering all taxes and other fees levied by your state for the replacement shipment.
• Once the returned item is received and inspected, we will send an email to notify you that we have received your item and the status of your return request.
• Upon receipt of a replacement product or part, the original product or part becomes property of SVALT.
• Unless the same product is no longer available, your replacement will be an identical product to the original. If an identical product is no longer available, the closest product available in terms of performance, reliability, appearance, and functionality to the original product will be sent to you as a replacement product.
• Repair or replacement may include repaired or refurbished parts or product sources from various manufactures. Repaired or replaced items carry the remaining warranty of the original item.
• The time it may take for your replacement product to reach you may vary, depending on component availability, product availability, and where you live. An email will be sent with tracking information when your replacement is processed for shipment back to you.

Refund process and details:

• If your return does not qualify for replacement or if a replacement is not available, then your return will be processed for refund.
• In the case of a non-qualifying return, then the refund amount will be based on the following: 1) SVALT will not refund shipping, duties, customs and/or taxes paid by customer for the original order or return. 2) If customer requested a pre-paid return shipping label, then that cost will be deducted from the refund amount. 3) A restocking fee will be deducted from the refund amount for all returns. The restocking fee is 15% of the price paid for the returned item, but will not be less than a minimum restocking fee of $40 per non-qualifying return. 4) If the return is not in new, unused and undamaged condition, then based on the returned condition an additional fee may be deducted from the return amount or no refund will be issued.
• In the case of a replacement return with no available replacement, then the refund amount will be based on the following: 1) SVALT will not refund shipping, duties, customs and/or taxes paid by customer for the original order. 2) If the return is not in new, unused and undamaged condition, then a fee will be deducted from the return amount or no refund will be issued based on the returned condition.
• If you are approved for a refund, then your refund will be processed, and a refund credit will be applied to your original method of payment.

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1-Year Limited Warranty Policy

SVALT offers a one-year limited warranty for defects in materials and manufacture to US customers (international customers, please contact us to discuss options).

By using SVALT products you agree to be bound by the terms of the SVALT 1-Year Limited Warranty as set out below. Do not use the product until you have read the terms of the warranty. If you do not agree to the terms of the warranty, do not use the product and return it within SVALT’s return policy.

To qualify for warranty service all of the following must be met:

• You are the original US purchaser with a dated proof of purchase, receipt, or SVALT order reference number.
• Contact us and provide the reason you are requesting warranty service.
• Return item within one-year of purchase date.

Non-qualifying reasons for warranty service:

• Exclusions listed above or elsewhere in this policy.
• The warranty only covers defective materials and manufacture; THERE ARE NO IMPLIED WARRANTIES AND NO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE.
• Any item that has been used other than as intended, shows wear and tear that is not ordinary, exposed to water, or damaged due to accident, abuse, misuse, unusual stress, improper repair or improper modification.
• Cosmetic damage, including but not limited to scratches, dents, aluminum anodizing finish, and padding warpage.
• Performance results vary and are not guaranteed.
• Failure to follow instructions relating to the intended use.

Warranty process:

• Once you have contacted SVALT and your warranty service request has been approved, you will be provided with shipping and packaging information.
• Please note the following about shipping: 1) You are responsible for covering the cost to ship the warranty item to SVALT, as well as any applicable import fees for non-domestic shipments. 2) You are responsible for shipping the items in the original or equally protective shipping box and cushioning material with a shipping method that includes tracking. 3) SVALT is not responsible for items lost or damaged during transit to SVALT. 4) SVALT will cover the cost to ship a qualifying warranty item from SVALT to the original order address for US customers with Continental US addresses only.
• Once the warranty item is received and inspected, we will send an email to notify you that we have received your warranty item and will inform you of the approval or rejection of your warranty request.
• Upon receipt of a warranty service item, the original component or product becomes property of SVALT.
• Items approved for warranty service will be repaired or replaced.
• Repair or replacement may include repaired or refurbished parts or product sources from various manufactures.
• Repaired or replaced items carry the remaining warranty of the original item.
• The the time it may take for your warranty serviced product to reach you may vary, depending on component availability, product availability, and where you live. An email will be sent with tracking information when your warranty serviced item is processed for shipment back to you.

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Trade-In Policy

SVALT offers trade-ins on select products to help reduce consumption of resources and waste generation. Please contact us to learn about trade-in options for your product.

Trade-in conditions and notes:

• Upgrade costs and trade-in amounts are determined on a case-by-case basis depending on the customer’s selected upgrade, returned item’s model configuration, returned item’s condition, returned accessories, and what returned accessories can be reused with the customer’s new order.
• Terms of the upgrade and/or trade-in to be tentatively agreed to by email with customer, but final trade-in values depend upon SVALT receiving, reviewing and confirming condition of returned items.
• Availability is subject to change without notice.

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Legal

© Svalt Design, LLC. All rights reserved.
SVALT is a registered trademark of Svalt Design, LLC.

Cool By Design, Cooling Dock, and Cooling Stand are trademarks of Svalt Design, LLC.

Patented, see SVALT Virtual Patent Marking page.

Designed and assembled in Portland, OR, USA.
Made in USA, includes foreign electronic parts.

California residents, see CA Proposition 65 Warning.

Product offerings and specifications are subject to change without notice. Inventory and the availability to ship are subject to change. Performance results not guaranteed. There are no implied warranties or warranties for fitness for any particular purpose. Use of components not supplied directly through SVALT (svalt.com) and product disassembly and/or assembly can lead to product damage, safety issues or personal injury or death.

Laptop, external monitor, keyboard, mouse, and other computers and accessories are shown for demonstration purposes and are not included. SVALT is not affiliated with Apple and Apple has not offered any endorsement of, or relationship to, SVALT or its products.

Apple, Mac, MacBook, MacBook Air, MacBook Pro, Retina, Touch Bar and Touch ID are trademarks of Apple Inc., registered in the U.S. and other countries. Intel and Turbo Boost are trademarks of Intel Inc., registered in the U.S. and other countries. Other product and company names mentioned herein may be trademarks of their respective companies.

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Privacy Policy

Your privacy is important to SVALT and this policy represents our commitment to safeguard and protect your personal information. This policy governs use of the www.svalt.com website (the “Site”), which is provided by SVALT DESIGN, LLC doing business as SVALT, an Oregon Limited Liability Company (“SVALT,” “we,” “us” or “our”). This Privacy Policy governs our collection of information from you (“you,” “your” or a “user”) through your use of the Site. Please read this Privacy Policy carefully so that you understand our online privacy practices.

BY VISITING AND USING THE SITE YOU AGREE THAT YOUR VISIT, AND ANY DISPUTE OVER OUR ONLINE PRIVACY PRACTICES, IS GOVERNED BY THIS PRIVACY POLICY.

TYPES OF INFORMATION WE COLLECT.

We use the information gathered to better understand your needs, to improve the contents of our web pages and to monitor technical performance of our network. The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through optional registration; and (2) other information gathered as users navigate through the Site.

Information You Provide To Us.

We may collect and store information, personal or otherwise, that you voluntarily supply either while using our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name, address, or email address) that you electronically submit to us for purposes such as registration for certain features on our Site, signing up for email newsletters, or posting comments on message boards or any public posting areas on our Site. We may also ask for information (including a credit card number) from users who make a purchase or conduct other transactions on our Site. The information supplied helps us to provide the product or service requested, offer you more personalized features, and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services offered to users of the Site.

Other Information.

We also may collect and store information that is generated automatically as you navigate through our Site. For example, we may employ a standard feature of browser software called a "cookie" to assign each user a unique, random number that resides on your computer. The cookie does not personally identify you; it merely identifies the computer that accesses the Site. Unless a user voluntarily identifies himself or herself, the Site will not be able to ascertain the identity of the user, even if a cookie is assigned to a user's computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information previously. Of course, you are free to set your web browser to disable cookies or otherwise limit the information we collect; however, doing so may render your computer unable to take advantage of certain features enjoyed by other users of the Site.

We also may use web beacons and other methods to access cookies and to count users who visit our Site or open our HTML-formatted email messages. Our Site's servers automatically collect limited information about your computer's connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site's content to you upon request and to measure traffic within the Site.

We may use cookies, web beacons and similar technologies to collect non-personally identifiable information about users of our Site and about activity that occurs within our Site, and we may use this information to, among other things, serve targeted information including offers on our Site. The information collected allows us to analyze how users use the Site and to track user interests, trends and patterns.

HOW WE USE AND SHARE YOUR INFORMATION.

We use the information we collect in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may export data to the US and provide your information to third parties, such as service providers, contractors, and sponsors, for a variety of purposes.

Our Use of Information.

The information we gather and collect enables us to provide you with our website and to help you partake of our services. You agree that we may use your information to:

- contact you for customer service purposes

- contact you to inform you of important changes or additions to our Site or the services offered over our Site

- to send you administrative notices, offers and any other communications that we believe may be of interest to you

- operate, improve and maintain our products and services, including analyzing user behavior, and

- administer promotions, provide features and display relevant content to you.

You may withdraw your permission and prevent our use of your information by contacting us using the contact information below.

Information We Share.

You consent to our sharing of information for the purposes described below:

1) Service Providers and Contractors:

We reserve the right to disclose to service providers and contractors all of the information that we collect online about you and other visitors to conduct business on our behalf. These activities could include emailing you with email software (Apple Mail) through email servers (Microsoft 365 Exchange), processing orders through e-commerce platform (Shopify) with your selected payment methods (Shopify Payments and PayPal), fulfilling orders through e-commerce services (Shopify and/or ShipStation), processing shipments with digital and physical documents (UPS, USPS and DHL), email newsletter signup and distribution (Klaviyo and/or MailChimp), online use monitoring (Shopify, Shopify Theme by Out of the Sandbox, and Google Analytics).

2) By Law or to Protect Rights:

We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce our intellectual property rights, or to protect the rights, property or safety of SVALT and our employees, and if necessary to defend against third-party claims. We may also disclose information when requested to comply with a court order, investigation, or governmental request.

3) Business Transfers:

If SVALT goes through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of our assets, you acknowledge and consent to the transfer of your information. You further acknowledge and consent to the continued use of your information by the recipient so long as they comply with this Privacy Policy.

4) With Your Consent:

We may share information when you provide us with your consent to do so. This may occur when you consent affirmatively or it may occur through your use of the Site as provided in this Policy. For instance, when you request information or services from our affiliates, partners, service providers, or other third parties through us, or when you post information to our Site, you provide your consent for us to share that information with others.

5) We Won’t Sell your Information:

We will not share your personal information with any third party who is not affiliated with us except as described in this privacy policy. We don’t like spam any more than you do and we will not share your personal information to be used for the purpose of sending you unsolicited commercial offers.

Please bear in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example through comments and reviews or through email - that information can be seen, collected and used by others besides SVALT. We cannot be responsible for any unauthorized third-party use of such information.

MODIFYING YOUR INFORMATION AND OPTING OUT.

If you share information with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time. Please contact us by phone, email, or postal mail using the information below to effect changes.

STORAGE OF INFORMATION.

All information gathered on our Site is stored within a database accessible only by us, using cloud services. We use industry standard measures, including encryption or password protection where appropriate. However, as effective as the reasonable security measures we implement may be, no system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet.

ADDITIONAL INFORMATION ABOUT SVALT.

We do not publish text, images, or multimedia content that portrays nudity, foul language, violence, or other information not suitable for children. The Site is not directed to children under the age of 13 and we will not knowingly maintain personally identifiable information from or about anyone under 13.

CHANGES TO THIS POLICY.

The Internet and relevant state and federal law is always evolving. If we need to change this Privacy Policy at some point in the future, we'll post the modified Privacy Policy on this Site and update the Effective Date of the policy to reflect the date of the changes. If you are concerned with how your information is used you should check this webpage periodically. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

CONTACT AND ADDITIONAL PRIVACY QUESTIONS?

If you have any questions or concerns about SVALT’s Privacy Policy, please use our contact page or mail us at: Svalt Design, LLC. 600 NW Naito Pkwy Unit G Portland, OR 97209

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Terms of Service Policy

About these SVALT Terms of Service

Svalt has tried to draft simple and understandable terms for humans to read, but it is a challenge given the complexity of the legal world. To help you understand the Terms, we’ve provided this brief description. Of course, this is not a substitute as there are details we’ve had to exclude, so you should read the full terms below.

Your use of the Website

When you visit www.svalt.com and consider or purchase one of our products you are getting more: more performance, more design, and always more cool. www.svalt.com is your home for more on the web. In addition to the opportunity to view and purchase great Svalt products, we may offer opportunities for fans to share their thoughts. When you use our products you do so at your own risk.

We are pleased to provide you with this website, the online store and any forums. We will respect and protect your data and your privacy. When you use our services you are required to observe the laws and these terms, and avoid causing harm. Certain kinds of data are not suitable for our services, and you agree not to misuse our services.

Anything you post on a forum or otherwise add or upload to our website is provided by you, and you agree that you have authorization to use it and to allow us to use it. We don’t own your content, but may need access to it and rights in it solely to provide the services. We’re also constantly improving the website and licensed content and we welcome your input into how we can do better—we may use your suggestions, but you’re not an employee and we can’t pay you. The software providing the services, and things like graphics, logos, trademarks and code belong to us and not to you.

These terms limit your remedies in the event something goes wrong, so please read them carefully. For example, if there’s a mistake and your posts to the forum are deleted, we won’t compensate you for that loss. We also can’t guarantee that the services will be available when you want them, that what we offer is without fault or that our service is what you need for your purposes. In any event, if we do cause harm to you and need to compensate you for the harm, your remedy for that harm is limited to $100. If you cause harm to us or violate these terms, such as by providing inaccurate information or uploading infringing content, we may defend ourselves and require you to pay the costs of the defense or any judgment against it, or we may force you to defend us against a third-party.

LEGAL TEXT – TERMS OF SERVICE

These www.svalt.com terms of service (also called the "Agreement") contain the terms and conditions that govern your access to and use of the website and set forth the agreement between Svalt Design, LLC ("Company," "we," "us," or "our") and you or the entity that you represent ("you").

1. IMPORTANT INFORMATION

Legal Entities. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind the company and its Affiliates to this Agreement, in which case the terms "you" or "your" shall refer to such entity and its Affiliates.

Minors. The Service is available only for individuals who are thirteen (13) years or older. If you are thirteen (13) or older but under eighteen (18) (or the legal age of majority where you reside if that jurisdiction has an age of majority older than eighteen (18)), you must review the terms of this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and your parent or guardian must accept this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a minor, then you agree to and accept full responsibility for that minor's use of the Service and any purchase from us related to the Service.

2. CHANGES

2.1. Changes to this Agreement. We reserve the right at any time to modify this Agreement by notice to you, which notice shall be made by posting a revised version of this Agreement on the website, or by notifying you in accordance with these terms. The modified terms will become effective as stated in the message announcing the change in terms.

If you do not agree with the new terms, your only recourse is to cease use of the website. Your continued use of the website after the effective date of any modification to this Agreement will be deemed your acceptance of such modifications. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the effective date of any such change(s).

You acknowledge that it is your responsibility to check the website regularly for modifications to this Agreement.

We last modified this Agreement on the date listed at the beginning of this Agreement.

2.2. Changes to the Service. We may change or discontinue the services we offer, or change or remove features or functionalities of the website from time to time. If you do not agree to the change(s), your only recourse is to cease use of the website and to terminate this Agreement.

3. YOUR RIGHTS AND OBLIGATIONS

3.1. Generally. You may access and use the website solely in accordance with this Agreement. You agree to adhere to all laws, rules, and regulations applicable to your use of the website.

You represent and warrant are the owner and controller of all of the Content you submit to the website. You may not use the website in conjunction with Content that you consider confidential.

In addition to the foregoing obligations, you acknowledge that you are solely responsible for taking steps to maintain appropriate security, protection and backup of your Content. We make no other representation regarding the security of your Content. You are solely responsible for determining the suitability of the Services in light of the type of your Content.

You are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services need to access and use the website and paying all charges related thereto.

3.2. Third Party Content or Resources. Certain components or features of the Service may include Third Party Content and /or hyperlinks to websites, resources, or Content owned or operated by third parties, over which We have no control. We are not responsible for the accuracy or availability of such Content or such sites or resources or for any Content, advertising, products, or material on or available from such third party's sites or resources. We are not responsible or liable for any damages that you may incur, directly or indirectly, as a result of your use of, and/or in reliance upon, any such third party Content, sites or resources.

4. COPYRIGHT

4.1. All copyright, trade marks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to us or otherwise used by the Company as permitted by law.

4.2. In accessing the website you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.

5. PROPRIETARY RIGHTS

5.1. Your Content. By submitting or posting such Content on the website, you are representing that you are the owner of such materials and/or have the necessary rights, licenses, and authorization to distribute it.

5.2. Intellectual Property Rights in Your Content. As between you and us, you or your licensors own all right, title, and interest in and to your Content. Except as otherwise expressly provided in this Agreement, we obtain no rights under this Agreement from you or your licensors to your Content, including any related intellectual property rights.

5.3. Your Suggestions. You hereby grant to us all right title and interest to any Suggestions that you make to us concerning the website or Svalt products. In the event this grant is not sufficient for us to fully realize and use the Suggestions, you grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into any works of the Company, including the website and the products, any of your Suggestions.

5.4. Trademarks. The marks “Svalt” and “More Cool” or similar marks of Company used in connection with the Service are trademarks or registered trademarks of Company in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be trademarks of their respective owners. You are granted NO right or license in any of these trademarks by this Agreement.

6. OUR ADDITIONAL RIGHTS

6.1. Access to and Use of Your Content. By submitting or posting your Content on areas of the Service that are accessible by others, you grant us a worldwide, royalty free, non-exclusive license to access, use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the website for the purpose of providing the website to you, responding to you or other's request for technical assistance with respect to the website or products, or at your request in connection with customer support matters, and to access and use the metadata related to your use of the website for analysis and research, in order to improve the website. This license includes the right to transmit your Content across various networks, in various media and modify or change your Content to comply with technical requirements of connecting networks, computers, servers, or devices.

6.2. Inspection of Your Content. We do not control your Content, and we do not have any obligation to monitor or review your Content for any purpose. Notwithstanding the foregoing, we reserve the right to take steps we believe are reasonably necessary to enforce and/or verify compliance with this Agreement. Without limiting the foregoing, We may, without notice (unless required by law) or liability to you, access, use and/or preserve your account information, your Content and/or your Submissions, and we may disclose your account information, your Content and/or your Submissions to law enforcement authorities, government officials and/or any other party as we reasonably believe necessary or appropriate: (i) if we are legally required to do so to comply with legal process or governmental request, (ii) to enforce this Agreement, (iii) to detect or prevent security, fraud or technical issues, (iv) to protect the rights, property and/or safety of Company, its customers, you, or any other person, or (v) as permitted by law. We also reserve the right to notify the appropriate authorities, without prior notice to you, if we reasonably believe that your Content violates any applicable law. YOU AGREE TO HOLD COMPANY HARMLESS FROM AND AGAINST, AND WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY CLAIMS YOU MAY HAVE AGAINST US RESULTING FROM ANY DISCLOSURE, INVESTIGATION OR ACT OR OMISSION OF US IN THE COURSE OF CONDUCTING OR COOPERATING WITH AN INSPECTION AS SET FORTH IN THIS SECTION.

6.3. Submission License. For purposes of clarity, you retain ownership of your Submissions; however, we need certain rights to your Submissions to be able to make them available through the Services. Accordingly, you hereby grant to us and our service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. For purposes of clarity, this license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so, for example, that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and you’re your Submissions, and your provision thereof to and through the Services, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Services.

6.4. Submissions Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor your Submissions; (ii) alter, remove, or refuse to post or allow to be posted any of your Submissions; and/or (iii) disclose any of your Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Services; to protect us and our employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Services' users; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

7. DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. LIMITATION OF LIABILITY

COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE "COMPANY ENTITIES") SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT, DATA, SECURITY OF DATA, OR LOSS OF OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE COMPANY ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY OR DAMAGES ARISING IN CONNECTION WITH OR RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING AS A RESULT OF ANY (A) TERMINATION OR SUSPENSION OF YOUR ACCOUNT, OR (B) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES, OR OTHER INTERRUPTIONS, OR C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS; OR (D) ANY INVESTMENT, EXPENDITURE, OR COMMITMENT BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE, (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION OF YOUR CONTENT; (IV) THE DELETION OF, DESTRUCTION, DAMAGE, LOSS, CORRUPTION OF, OR FAILURE TO STORE SEND OR RECEIVE ANY OF YOUR CONTENT, TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

IN ANY CASE, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES UNDER THIS AGREEMENT OR ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT THAT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR $100.00, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. PRODUCT PERFORMANCE

The Company carefully tests and considers the performance of its products but cannot anticipate or test every combination, nor test in all environments. The products described on the website are not guaranteed to provide the performance described. There is no warranty of fitness for any particular purpose. You are solely responsible for determining if the products are appropriate for your intended use. If you are not satisfied by the performance of products, your remedy may be limited by the return, refund and warranty policy for any product.

10. INDEMNITY

10.1. You shall defend, indemnify and hold us and our affiliates harmless from and against any and all third-party claims, damages, losses, liabilities, demand, costs and expenses (including reasonable attorneys' fees and costs), relating to or arising, directly or indirectly, in whole or in part, from:

(i) Your Content;

(ii) Your Submissions;

(iii) Your use of the website;

(iv) Any breach or violation by you of this Agreement or of any applicable law;

(v) Any action taken by us as part of our investigation of a suspected violation of this Agreement by you, or as a result of its finding or decision that such violation has occurred; or

(vi) Your violation of any rights of another, or a dispute between you and another customer of Company.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement, or compromise negotiations, as requested by us. In no event will you settle any claim or action without our prior written approval.

10.2. You agree not to sue us, our affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the website, or to take any other action during the investigation of a suspected violation or as a result of our conclusion that a violation of this Agreement has occurred.

11. GENERAL TERMS

11.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, as if performed wholly within the state and without giving effect to the principles of conflict of law.

11.2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives and intent of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the remainder of the Agreement will remain in full force and effect.

11.3. Assignment. You may not assign, delegate or sublicense any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Company. Any assignment or transfer in violation of this Section will be void.

11.4. No waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or of any other right or provision. All waivers must be in writing to be effective.

11.5. Entire Agreement. This Agreement, which incorporates the Privacy Policy, constitutes the entire agreement between you and us regarding the website and shall supersede any prior agreements between you and us concerning the website (including, but not limited to, any prior versions of the Agreement). This Agreement does not amend any other separate agreement you may have with us, including any purchase order.

11.6. Notices to You. We may provide you with notices regarding the website, including changes to this Agreement, by email to your email address (if provided), by regular mail, or by postings on the website. Notices that are provided by posting on website will be effective three (3) days after posting. Notices that are provided by email will be effective when We send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

11.7. Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.

11.8. Survival. The sections which, by their nature, shall survive the termination or expiration of this Agreement or of the website include, without limitation: Proprietary Rights, Disclaimer, Indemnification, Limitation of Liability, and General Provisions.

12. DEFINITIONS

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

"Content" means material, information, software (including machine images), data, text, audio, music, sound, video, images, photographs, graphics, messages, files, attachments, or other materials.

"Privacy Policy" means the Privacy Policy currently referenced at Privacy Policy.

“Website” means our Content, our Marks, and the services provided by us via the www.svalt.com site and related sites, under this Agreement, and does not include your Content or Third Party Content.

"Suggestion" or “Suggestions” means any suggested improvement or enhancement to the website or Company products, and any recommendation or other feedback with respect to the Company or website that you provide to us.

"Third Party Content" means Content made available to you by any third party on the website or in conjunction with the website.

"Your Content" means Content other than Third Party Content and your Submissions that are input, uploaded, posted, or otherwise created or otherwise made available by you within the website.

"Your Submission" or “Your Submissions” means community Content like that you post or otherwise submit to forums, sample code repositories, public data repositories, or similar community-focused areas of the website.

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