TERMS OF PURCHASE

1. General.

a. You and ERS Group, Inc. ("Smart Scouter" or “ERS Group”) agree that your order is an offer to purchase the products(s) listed in your order ("Product") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by Smart Scouter via confirmation that specifically references your order or when Smart Scouter ships to you the Product you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by Smart Scouter. When you send your order to Smart Scouter to purchase the Product, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.

b. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Smart Scouter.

c. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.

2. Payment Terms. Smart Scouter accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit card will charged at time of purchase on our website.

3. Shipping Charges; Customer Location. Separate charges for shipping will be added to the cost of the Product. Smart Scouter will only accept orders from billing and shipping addresses located within the 50 United States and the District of Columbia. Smart Scouter reserves the right to limit quantities.

4. Taxes. All applicable local, city, and state taxes are your responsibility and will be applied to the order. You agree to pay these taxes.

5. Title. Smart Scouter will ship the Product to you from Smart Scouter's manufacturing or distribution facility, as applicable, with title and risk of loss passing to you upon Smart Scouter's delivery of the Product to the first common carrier. Title to any applicable software will remain with the licensor(s).

6. Governmental Authorizations. You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Product that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither Smart Scouter nor any of its employees is your agent or representative in governmental matters.

7. Warranty.

a. Limited Warranty. ERS Group warrants the Product to be free from malfunctions and defects in both materials and workmanship for six (6) months from the date of purchase (“Warranty Period”). ERS Group will repair or replace, at its option, the Product if it fails to function properly during the Warranty Period, subject to the conditions and/or limitations stated herein. Such repair or replacement is your sole remedy under this Limited Warranty.

b. Limitations. Limited Warranty service will not be provided unless the Product, returned in the manner set forth below, is accompanied by a copy of your original dated sales receipt. ERS Group reserves the right to require you to provide your original dated sales receipt.

c. Service. If something goes wrong with the Product, send it postage paid with a brief written description of the problem to:

We will inspect the Product and contact you within seventy-two (72) hours to give the results of our inspection. There is no charge for inspection. However, if the warranty described above in Section 7.a. does not cover the damage (i.e., the damage occurred as a result of misuse of the Product), ERS Group will undertake to repair damaged Products that are repairable, as determined in ERS Group’s discretion, provided that ERS Group will charge you $60/hr plus cost of material.  Such repair cost shall be deducted from the refund amount, if any.  If it is determined that the Product is not repairable, ERS Group will ship the Product back to you, and you will pay for shipping.

e.                   ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. ERS GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE TERMS OF THIS EXPRESS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL ERS GROUP BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT. IN ADDITION, ERS GROUP SHALL IN NO EVENT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DIRECT OR INDIRECT DAMAGES OR OTHER SPECIAL, INDICENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR SOME PRODUCTS, SO THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMTED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

f. Notwithstanding any terms of this Limited Warranty to the contrary, no warranty coverage shall be provided for a Product purchased from, through, or with the assistance or involvement of any Internet auction web site. Smart Scouter reserves the right to modify its warranties prospectively at any time, in its sole discretion.

8. Software License. All software is provided subject to the end user license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. If you do not agree to abide by the end user license agreement, you must return the software to Smart Scouter, with the software unused, for a refund of your purchase price.

9. 30 Day Money Back Return Policy. Smart Scouter's "30-Day Money Back Return Policy" that is in effect on the date of invoice applies to the Device you purchase under this Agreement.

10. Products. Smart Scouter's policy is one of on-going product update and revision. Smart Scouter may revise or discontinue products at any time. Smart Scouter will ship products that have the functionality and performance of the products ordered, but differences between what is described in hardcopy or electronic versions of Smart Scouter products documentation and what is shipped are possible. Smart Scouter attempts to be as accurate as possible, but does not warrant that product descriptions or any other content or materials on this site are accurate, complete, current, or error-free. If a product you purchase from this site is not as described, your sole remedy is to return it in unused condition under the return policy. The parts and assemblies used in building Smart Scouter Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.

11. Limitation of Liability. EXCEPT FOR PERSONAL INJURY, SMART SCOUTER'S TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR PRODUCT(S) SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. SMART SCOUTER WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. Compliance with the Law; Resale Sales and U.S. Government Sales Not Intended. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Product or this Agreement. The Product is intended for purchase and use only in the United States.

You agree and represent that you are buying for your own internal use only, and not for resale. Smart Scouter has separate terms and conditions governing purchase for resale.

We are sorry, but Smart Scouter will not accept any order for the Product from the U.S. government.

13. Export Compliance. The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract.

14. Third Party Products and Services. Products and/or services of parties other than Smart Scouter are sold or provided on this site. In addition, Smart Scouter may provide links to the sites of affiliated companies and certain other businesses. Smart Scouter is not responsible for examining or evaluating such third party products or services. Smart Scouter does not assume any responsibility or liability for the product, content, or actions of all these and any other third parties, and Smart Scouter does not warrant or provide technical support for the offerings of any third party products or services.

15. Wireless Plan. The pricing of the Wireless Plan is described on this site. You understand that the Product requires a wireless service in order to send information wirelessly, and this wireless service is charged monthly. Your agreement to purchase the Product shall not be affected if the Wireless Plan is terminated for any reason whatsoever either before or after your purchase of the Product. In that regard, Smart Scouter shall not be responsible for return of the Product or for damages resulting from inability to use the Product with a wireless service if the Wireless Plan is terminated for any reason whatsoever either before or after your purchase of the Product.

16. Cancellation of Wireless Plan.  You can cancel the wireless plan upon written notice (email is acceptable) to Smart Scouter.  There is an early cancellation fee of $75, the cancellation takes five (5) business days, and billing will stop at end of five (5) days. You can reactivate a cancelled wireless plan at anytime.  The Product must be shipped to a Smart Scouter office for reactivation. The customer pays for shipping.

17. Governing Law. The terms and conditions of your purchase shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts or choice of laws principles. In any matter connected with this Site or the terms and conditions of your purchase, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Northern District of Georgia, or if that court lacks subject matter jurisdiction, in the courts of the State of Georgia.