Terms and Conditions
Welcome to SYSTM.com ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights and international treaty provisions owned, controlled or licensed by Incase Designs Corp., or its affiliates ("Incase"). The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by Incase. SYSTM, SYSTM.COM, INCASE, GOINCASE.COM, INCASEMUSIC.COM and all other SYSTM trademarks appearing at this Site are trademarks of Incase.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.
SYSTM's Communications to You
You agree that Incase may post notices on this Site or may, unless your profile settings specify otherwise, send electronic mail to you, and that such communications satisfy any legal requirement that communications be in writing.
Most SYSTM products displayed at the Site are available from select retailers in the United States and in select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available through other retailers' stores. The prices displayed at the Site are quoted in U.S. Dollars.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Comments and Reviews
All comments and reviews will be screened prior to posting so please avoid including any personal information or inappropriate language. Be nice.
Compliance with the Law and Resale Sales
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 products on our Site or this Agreement. You agree and represent that you are buying for your own personal use only, and not for resale.
Links to Other Web Sites and Services
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT INCASE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your systm.com purchase, please see our 'return' policy.
You agree to defend, indemnify and hold SYSTM / Incase harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Unless otherwise specified and except to the extent Incase products are offered for sale in the United States through this Site, this Site and the Contents hereof are displayed solely for the purpose of promoting SYSTM's products and services available in the United States and select foreign markets. This Site is controlled and operated by Incase from its offices in Chino, California.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California.
Incase Designs Corp.'s ("Incase") warranty obligations for the Incase product you have just purchased (the "Product") are limited to the terms set forth in this document. Incase warrants the Product against defects in materials and workmanship for a period one (1) year from the date of original purchase ("Warranty Period") when the Product is purchased through an authorized reseller. If a defect arises and a valid claim is received by Incase within the Warranty Period, at its option, Incase will repair the Product or exchange the Product with a functionally equivalent new product. Incase warrants repaired Products and replacement products provided hereunder against defects in materials and workmanship from the date of the repair or replacement for ninety (90) days or, if longer, for the remainder of the Warranty Period. If the Product is exchanged, the replacement product becomes your property and the Product becomes Incase's property. When a refund is given, the Product becomes Incase's property.
Exclusions and Limitations
Incase's limited warranty applies only to the Product when purchased through an authorized reseller. The warranty does not apply to any non-Incase product, even if packaged or sold with the Product. The warranty excludes without limitation any scratching or surface damage to any non-Incase product, even if packaged or sold with the Product. This warranty applies only to the normal use of the Product, normal wear and tear excepted, in accordance with written use instructions, if any, provided with the Product (either in writing or through a hyperlink to such instructions). This warranty does not apply to damage caused by accident, abuse, misuse, or modification of the Product.
No Other Warranties
To the maximum extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied. Incase specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If incase cannot lawfully disclaim or exclude implied warranties under applicable law, then to the extent possible any claims under such implied warranties shall expire on expiration of the warranty period. No incase reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
To the maximum extent permitted by law, Incase is not responsible for direct, or for special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including without limitation any costs of replacing personal property, or costs of recovering or reproducing any program or data stored in a device used with or carried in the incase product.
For consumers who have the benefit of consumer protection laws or regulations in their country of purchase or, if different, their country of residence, that cannot be disclaimed as set forth above ("consumer laws"), the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer laws. To the extent that liability under such consumer laws may be limited, Incase's liability is limited, at its sole option, to replacement or repair of the product.
Obtaining Warranty Service
If you wish to make a claim under this warranty with respect to the Product, please see our FAQs and follow the instructions for filing a claim.
Collection and Use of Personal Information
Personal information means any information that is related to an identified person, or that may be used to identify an individual, including, but not limited to: first and last name; email address; a home, postal or other physical address or other contact information; title, gender, occupation, industry, or personal interests; and other personal information necessary or useful to provide a product or service that you have requested. The types of personal information we collect and what we do with that information are listed below.
Domain Name and IP Address
We collect the domain names and IP addresses of our visitors for statistical purposes, in order to measure use, to improve the content or responsiveness of our site or to customize the content or layout of the site for the individual visitor. We do not disclose this information to third parties. We may also aggregate information relating to our visitors' traffic patterns from the data that we collect and retain concerning the IP addresses and domain names of our visitors, and we may divulge such aggregate information about our users with third parties such as our business partners, distributors, and service and support providers.
You may visit our website anonymously if you wish, by using appropriate software or webservices available from or through third parties.
We maintain a log file of all actions that are initiated or facilitated using our website in order to capture, record and store data concerning the transaction. Access to this data is restricted to internal usage by authorized SYSTM / Incase employees who administer our network and website.
You should know that e-mail is not necessarily secure against all forms of interception. If your communication includes sensitive information about you and you would prefer not to transmit this information in this fashion, please contact us by mail or telephone rather than e-mail. See "Oversight And Questions" section below for this contact information.
We collect e-mail addresses that are volunteered by the visitor, from e-mail messages addressed to our company or its employees, through visitor participation in surveys, contests and site registrations or provided by the visitor when placing an order on the site.
We use the e-mail addresses for marketing purposes and to inform those interested in our products about events, products, services or other items of interest. Additionally, we use the e-mail addresses to notify visitors about recent updates to our website, to provide product or service news notifications or to send newsletters and promotions. We also use the e-mail addresses to process orders for products, services, brochures and other written materials, to respond to customer questions, to provide customer service and to inquire as to customer satisfaction and feedback.
You may opt-out of receiving the promotional or marketing e-mails at any time by (1) specifying your preference at the time of creating your profile; (2) changing your e-mail preferences in any user profile that you may have created. If you choose to opt-out of receiving e-mails via any of the above listed methods, SYSTM's records will be updated within ten days of receipt of your request. These opt-out procedures will not be available for e-mails that are necessary to provide confirmation of a completed transaction (such as a purchase or change in the visitor's user profile).
Tell-A-Friend or Email Your Wish List
If you choose to use our referral service or to email your wish list, we will ask you for your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site. SYSTM does not store this information and uses it for the sole purpose of sending this one-time email.
Credit Card Information
We collect credit card and billing information from visitors who make purchases from our online store. We use this information to bill the customer for product purchases. Credit card data will not be saved.
Collection and processing of credit cards is performed by the third-party service provider NetSuite, www.netsuite.com. Order delivery is performed by UPS, ups.com. These third party providers are not authorized or permitted to use personal information for any other reason other than those pertaining to processing order transactions.
Other Personal Information
When you register with our site, you provide other personal information including your name, mailing address, billing address and phone number. This information is used mainly to process orders placed on our online store and to facilitate customer service and the delivery of products you have ordered. We may also use a mailing address that a visitor provides for a variety of SYSTM-related reasons. We may send periodic mailings to visitors to inform our visitors who have provided a mailing address of new products, services or promotions. Your mailing address and telephone number may also be used to contact you about orders placed on-line or to provide information that you have requested.
If you do not wish to receive such mailings, you may request to be removed from the contact list by changing your account preferences in your user profile or email us.
If you post reviews or comments on the systm.com site and blog, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in comments on our blog. Please note that all product reviews are screened prior to posting and SYSTM will not post reviews containing personally identifiable information or inappropriate language.
Personal Information Released to Outside Parties
Any information that you provide to us will be used for our purposes only. Except as specified in this Policy, your information will not be shared with individuals outside the employ of SYSTM / Incase or with other companies.
In some instances we may provide your name and delivery address to third parties that we use for delivering specific products to you (such as delivery companies and other affiliates). The process of fulfilling orders placed via the online store may also require SYSTM to share your information with other third parties such as automated data processors and credit card processors. In such cases, your information is not retained by these third parties or used by these companies for any secondary reasons. You may request that your information not be forwarded to any third party by contacting SYSTM via telephone at 888-283-8288. These opt-out procedures will not be available if you choose to purchase products via our online store or via telephone as forwarding information is necessary in order to facilitate such a transaction.
As a good corporate citizen, SYSTM / Incase complies with applicable law and legal obligations to respond to governmental, law enforcement and court requests for personal information and other information and data about our visitors and their transactions. SYSTM / Incase's legal counsel may access and use your personal information and other information or data in the event of a dispute, in response to legal process or law enforcement inquiries, abuse of our website, or violation of our Terms of Service Policy
A cookie is an element of data that a website can send to your browser, which may then be stored on your system. To use portions of SYSTM's website you must set your browser to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
Editing Your Personal Profile
We provide a means to create a personal account or profile of personal information when you register on the retail section of our site. We realize that your personal information, including your name and e-mail address, is subject to change. To the extent that you provide us with personal information, we wish to maintain its accuracy. Our goal is to provide a variety of means for you to contact us should you need to update or correct your personal information. Personal information is collected and stored by a third-party service provider NetSuite, www.netsuite.com. This third party provider is not authorized or permitted to use personal information for any other reasons than those pertaining to order transactions. To change or delete the information in your personal account, by selecting "My Account" on the top menu bar of the Store section of our site and follow the prompts to edit your profile. Additionally, you may request changes in your personal account or profile by contacting SYSTM. Any submitted changes to your account will occur within seven business days.
Your store account information is password-protected for your privacy and security. We safeguard the security of the data you send us with certain physical, electronic, and managerial procedures. We have taken reasonable precautions to protect against misuse, theft, loss, unauthorized access, disclosure, alteration or destruction of your personal information. Additionally, we use industry-standard 128-Bit SSL Encryption to enhance the security of data transmissions.
While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. We suggest that you change your passwords often, that your passwords include a combination of letters and numbers, and that you make certain that you are using a secure browser. Products and services are available which can help give you privacy protection while navigating the Web. See an overview of many privacy-related tools.
We maintain your personal information on servers and computers located in the United States and operated under our direct supervision and control. We do not forward your personal information outside the United States.
We will take reasonable steps to insure that all data collected is accurate, complete and timely for the purposes for which they are to be used. We urge you to check your profile regularly to insure that such information is accurate, complete and timely.
We do not structure our website to attract children. Accordingly, we do not knowingly collect information from anyone who is age 13 and under.
Third Party Sites
Oversight and Questions
We welcome comments and questions on this policy. As stated above, we are dedicated to protecting your privacy, and we will make every reasonable effort to keep your information secure. Questions regarding our policy should be directed via e-mail or by telephone: 888-283-8288, Consumer Support or by fax: 909-203-4847. Additionally you may contact us by writing to SYSTM at Incase Designs Corp., 1843 Pipeline Ave, Chino, CA 91710.