TERMS OF SALE

Last Revised: July 24, 2025

APPLICATION OF THIS TERMS OF SALE

These SRC Technologies Group, Inc. Terms of Sale (“Terms”) are between you and SRC Technologies Group, Inc. (“SRCTG,” “we,” “our,” or “us”). For purposes of these Terms, “Site” includes the website on which these Terms appear and “you” or “your” means the person accessing the Site and any persons that allow others to provide information about themselves to us. You should carefully read through these Terms before submitting any orders for purchase or requesting a repair or trade as THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU INCLUDING BINDING ARBITRATION AGREEMENT AND CLASS ACTION & JURY TRIAL WAIVER CLAUSE. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS APPLY TO ALL OFFERS, SALES, RESERVATIONS, SUBSCRIPTIONS, REQUESTS, AND PURCHASES OF ALL PRODUCTS OR SERVICES (“OFFERINGS”) THROUGH THE SITE. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. BY ORDERING, REQUESTING, OR PURCHASING ANY OFFERINGS THROUGH THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS ANY ADDITIONAL TERMS AS PROVIDED HEREIN AND ANY ORDER OR REQUEST CONSUMMATED THROUGH THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER OR REQUEST.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Offerings will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.

These Terms are considered a “click-through” agreement and include the Terms of Use governing the Site. In the event that there is a conflict between these Terms and the Site’s Terms of Use, these Terms will supplement or amend the Terms of Use, but only with respect to the matters governed by these Terms. Although not part of these Terms, please review the Privacy Policy posted on the Site to better understand how you can update, manage, access, and delete your information.

ADDITIONAL TERMS

We may also require you to follow additional rules, policies or guidelines to complete your order, purchase, reservation, or participate in any Offerings (“Additional Terms”). Additional Terms may be provided in a separate “click-through” agreement or disclosure at purchase or prior to participation. If any Additional Terms are different than these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms. 

RELIANCE ON INFORMATION POSTED

While every effort is made to ensure the accurate display of Offerings on the Site, the depiction may depend on the viewers monitor or mobile device and may not be accurate. Additionally, the material on the Site may be changed, updated and/or deleted without notice and are subject to correction for technical, clerical or typographical inaccuracies or errors. We do not guarantee the accuracy or completeness of any information contained on the Site, including pricing, product images, specifications, or availability and we will not be responsible for any such inaccuracies or errors. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information at any time without prior notice (including after you have submitted an order). Orders placed through the Site may be declined or cancelled for any lawful reason, including without limitation, due to the foregoing issues or if an Offering is unavailable, reached maximum capacity, or out of stock.

This Site may include content provided by third parties, including materials provided by other users, reviewers, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

THIRD-PARTY LINKS

This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site terms. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

MINIMUM AGE

We do not allow persons under the age of eighteen (18) to make purchases of Offerings through the Site. By entering into a transaction through the Site, you represent and warrant that you are eighteen (18) years of age or over.

ORDER PLACEMENT

When you send units for repair, trade, or place an order to reserve, request repair services, purchase and/or pay for Offerings through the Site, you agree that your order is an offer to purchase or reserve, under these Terms, the Offerings listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email. Acceptance of your order and the formation of the contract of sale between SRCTG and you will not take place until we have sent the order confirmation email. We reserve the right to revoke any offer or to refuse any order or request that you place through the Site. We may, in our sole discretion, limit or cancel quantities or enrollments purchased per person, per household or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers. This Agreement is subject to any Additional Terms that you accept in connection with completion of a transaction on the Site.

Upon sending units for repair, trade, placing an order for the purchase of goods, or a request for services, you may receive an order acknowledgement or a repair completion notice to your registered email detailing the Offerings ordered, confirming the availability of parts or completion of repairs as may be applicable, but your order shall not be deemed accepted until approval by your chosen payment method is received, at which point you will receive an order confirmation (i.e., payment confirmation) email. ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELLABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE CANCELLATION AND REFUNDS POLICY OUTLINED BELOW.

SRCTG reserves the right to assign or fulfill orders for Offerings from third-party suppliers and in that event the order may be subject to Additional Terms of third-party suppliers. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.

PRICING AND PAYMENT

Prices on the Site are subject to change without notice but will only apply to orders placed after such changes. Prices for Offerings purchased are those in effect when an order is received. Pricing for initial estimates may change due to instructions and the cost of the repair. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Site, prices may exclude taxes (if applicable), which are additional and will be itemized upon confirmation of payment.

Payment or pre-authorization of funds by credit card or other payment method accepted by the Site is required before an order will be deemed accepted and shall be due consistent with all timelines stated on the Site or otherwise communicated in writing to you by SRCTG. BY SUBMITTING SUCH INFORMATION YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF. You agree to pay all charges that may be incurred by you or on your behalf through the Site and consistent with all provisions as may be stated on the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase. 

By accepting these Terms, you acknowledge and understand that any and all credit or debit card payments submitted through the Site may be processed by a third-party payment processing company (“Payment Processor”) and you shall be subject to any and all terms and conditions of the Payment Processor, including without limitation any additional fees or privacy policies related to personal information (“Payment Processor Terms”). You acknowledge SRCTG is not responsible for information, including personal information, retained by Payment Processor or for any Payment Processor Terms and shall hold SRCTG harmless from same.

SHIPPING, TURNAROUND AND DELIVERY

As the customer, you will be responsible for the payment of all shipping and handling fees, as well as any bench fees, as stated and subject to change on the Site. Repair services average two (2) to four (4) business days after receipt of a unit, however, repair time may vary depending on availability of parts and the nature of the repair and SRCTG makes no guarantees on repair time. Repaired units or purchased Offerings will not ship until payment has been received in full. Expedited shipping may be available in some circumstances, please call us at [insert phone number] for charges.

You, as the customer, shall bear all risk of loss or damage while a unit is in transit to or from SRCTG. The return shipping and handling fee is due on the date of our shipment of the unit to you, but not later than thirty (30) days following receipt of the unit by SRCTG. 

CANCELLATION AND REFUNDS

We want you to love your purchase but we understand that, on occasion, our customers needs may change. Should you need to cancel your order or return a product, you must:

  • Within thirty (30) days of purchase, initiate the Return Material Authorization (“RMA”) process by contacting our Customer Service Department at [insert phone number]. The Customer Service Department will provide a RMA number; and

  • You must include the RMA number with the returned product. Cancellations and returns will not be accepted without a RMA number.  

Please note that not all orders can be cancelled or returned, and each request is handled on a case-by-case basis. To be eligible for a refund or exchange, returned items must: 

  • Not have been installed;

  • Be in salable condition; 

  • Be in the original packaging; 

  • Include the RMA number with the returned product; and

  • The product must not have been identified on the website as a “final” sale or “non-returnable” item at.   

Refunds will be processed within approximately fifteen (15) business days of our receipt of the customer’s merchandise. If approved, the customer will be notified and the refund will be credited back to the same payment method customer used to make the original purchase on the website. 

Return shipping charges are the responsibility of the customer and freight collect returns will not be accepted.  The customer will bear the risk of loss during any return shipment. 

WE OFFER NO REFUNDS OR EXCHANGES ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE OR FINAL SALE.

DISCLAIMER OF WARRANTIES 

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE OFFERINGS PURCHASED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE OFFERINGS ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE OFFERINGS WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF THE OFFERINGS AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

LIMITATION OF LIABILITY

OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF 1) AS APPLICABLE, THE PRICE OF THE PRODUCTS OR THE PRICE OF THE SERVICES PURCHASED BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY OR 2) FIFTY DOLLARS ($50). 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY PURCHASE THROUGH THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

The limitation of liability set forth above shall: (i) only apply to the extent permitted by applicable law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your transactions through the use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

INJUNCTIVE RELIEF

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Missouri. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “QUESTIONS” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Offerings, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your order, request, or purchase of any Offerings through the Site involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants’ counsel and SRCTG will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and SRCTG will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee. 

Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and SRCTG will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.  

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site and any other actions with us. 

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at sales@srctechgroup.com and including in the subject line “Rejection of Arbitration Provision.”

OTHER TERMS

  • Merger. These Terms constitute the entire agreement between you and us with respect to any transactions made to obtain Offerings through the Site and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the subject matter contained herein.

  • Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

  • Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Springfield, Missouri, except where the jurisdiction and venue are mandated by applicable assignment. 

  • Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site as further described in our Privacy Policy.

  • No Waiver. ​No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

  • Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

  • Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free. 

QUESTIONS

If you have any questions or comments about these Terms or this Site, please contact us at: 

SRC Technologies Group, Inc. 
2401 East Sunshine Street
Springfield, MO 65804
Attention: President
sales@srctechgroup.com