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Terms of Use

TERMS  OF USE

Pacific Research Laboratories, Inc.

Terms of Use for sawbones.com, pacific-research.com and supershroud.com

Last updated:  July 17, 2017

THESE TERMS OF USE (THESE “TERMS”, "TERMS OF USE") SET FORTH THE TERMS AND CONDITIONS BY WHICH PACIFIC RESEARCH LABORATORIES, INC. (“SAWBONES,” “PRL,”, “SUPER SHROUD”, “WE,” OR “US”) OFFERS YOU ACCESS TO ITS WEBSITES (THE “SITES”).

Please read these Terms of Use carefully before using any of our websites at pacific-research.com, sawbones.com or supershroud.com (the “Sites”). Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms.

BY ACCESSING OR USING ANY OF THE SITES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SITES.

We may occasionally update these Terms. When we do, we will also revise the “last updated” date at the beginning of the Terms. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. You agree that your continued use of these Sites after such changes have been published to these Sites shall constitute your acceptance of such revised Terms.

1.  Copyright; License To Use The Sites

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use these Sites for your personal use and not for resale or further distribution, and to print and download portions of the materials available on these Sites solely for your personal, non-commercial use. Your license to use these Sites is limited by the terms set forth in these Terms of Use.

Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to these Sites, including all related intellectual property rights. These Sites are protected by applicable intellectual property laws, including United States copyright law and international treaties.

2.  Restrictions

You must comply with all applicable laws when using these Sites and any content or materials obtained on these Sites. Except as may be expressly permitted by applicable law or explicitly authorized by PRL or, where applicable, the provider of the applicable Site Content (as defined below) in writing, you will not, and will not permit or authorize any third party to: (a) store, copy, modify, distribute, transmit, publish, resell, reverse engineer, or prepare derivative works of any of the information, audio, visual, and audiovisual works, or other content made available on these Sites, including, without limitation, any information, audio, visual, and audiovisual works, or other content that you may download (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use these Sites or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to these Sites to another person; (d) use these Sites or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of these Sites; (f) use these Sites in a manner that threatens the integrity, performance, or availability of these Sites; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of these Sites or Site Content.

3.  Use Policies

You are solely responsible for any content and other material that you submit, publish or display on these Sites or transmit to other members and/or other users of these Sites. You will not use these Sites to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable information; (b) harm us or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to modify, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt these Sites or servers or networks connected to these Sites, or disobey any requirements, procedures, policies or regulations of networks connected to these Sites; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; or (k) collect or store personal data about other users.

4.  Termination, Modification, Access

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of these Sites without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of these Sites. We also reserve the right, in our sole discretion, to reject, refuse to post or accept, or remove or delete any posting or Submission by you, and to restrict, suspend, or terminate your access to these Sites at any time, for any or no reason, with or without prior notice, and without liability.

5.  Privacy Policy

We may collect registration and other information about you through these Sites. Our collection and use of this information is governed by our Privacy Policy available here.

6.  Submissions

You agree to grant, and hereby do grant, to PRL a non-exclusive, royalty-free, assignable, worldwide, perpetual license, with the right to sublicense, reproduce, transmit, distribute, create derivative works of, publicly use, display, and use for any purpose whatsoever (including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the Sites and our products and services) any materials or other information (including, but not limited to, ideas, concepts or techniques for new or improved services and products) you post, submit or publish to these Sites by any means or by any media now known or hereafter developed or that you otherwise provide to us (whether by email, through contact forms provided on these Sites, or otherwise) (collectively, “Submissions”). You further agree that any such Submissions (whether information, feedback, data, questions, comments, suggestions or the like) shall be deemed not to be confidential, and warrant that such Submissions do not violate or infringe the intellectual property or other rights of any party. You also hereby grant PRL the right, but not the obligation, to use your name in connection with the submitted materials and other information, as well as in connection with any and all advertising, marketing and promotional material related thereto. You further agree and acknowledge that you shall have no recourse against PRL for any alleged or actual infringement or misappropriation of any proprietary right in any Submissions.

BY POSTING OR PROVIDING ANY SUBMISSION OR OTHER INFORMATION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION OR INFORMATION BY US WILL NOT INFRINGE ON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.

7.  Disclaimers

You understand that PRL cannot and does not guarantee or warrant that files, software, or any Site Content of any kind, or from any source, available for downloading through these Sites, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to these Sites for protection of the security of your own computer system, hardware and software included, and the reconstruction of lost data. Site Content is provided solely for informational purposes. Site Content is not intended to create, and receipt and review of it by any person or entity does not constitute, an offer for sale of any product from PRL to anyone, nor—other than your agreement to be bound by these Terms of Use—does it create an actual or implied contractual relationship between you and PRL.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ANY OF THESE SITES AND ALL SITE CONTENT. THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT, IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. PRL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SITES, SITE CONTENT, OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED BY, OR LINKED TO, THE SITES OR ANY SITE CONTENT. THE SITES AND SITE CONTENT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. AMENDMENTS ARE PERIODICALLY MADE TO THE SITES AND SITE CONTENT. PRL MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THESE SITES AND SITE CONTENT AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER AND THIS AGREEMENT WILL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE SITES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH THE SITES. PRL DOES NOT WARRANT THAT THE SITES OR ANY SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITES OR ANY SITE CONTENT WILL BE CORRECTED.  IF YOU ARE DISSATISFIED WITH THE SITES OR ANY SITE CONTENT, OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF PRL IN OPERATING THESE SITES OR OTHERWISE WITH RESPECT TO ANY SITE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES AND SITE CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THESE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

8. Limitations of Liability

IN NO EVENT SHALL PRL BE LIABLE TO YOU WITH RESPECT TO YOUR USE OF OR ACCESS TO, OR YOUR INABILITY TO USE, THESE SITES OR THESE SITES CONTENT, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD OR OTHERWISE, AND FURTHER INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, OR UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF INFORMATION.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification

You will indemnify and hold us, any and all suppliers of Site Content, and our and their respective subsidiaries, affiliates, officers, agents, employees, and representatives harmless from any costs, damages, expenses, and liability caused by your use of the Sites or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Sites or Site Content.

10. Links to Third Party Sites

These Sites may contain links to third party products, services, and Web sites. We exercise no control over the third party products, services, and Web sites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and Web sites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and Web sites.

11. Modification and Severability.

PRL reserves the right to make changes to these Sites, these Sites Content, the services provided therein, and these Terms at any time at any time and from time to time. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

12. Disclaimer Relating to Specified Countries.

In accordance with US legal restrictions PRL's offices in the U.S. and all U.S. personnel are barred from responding to or referring to any other person any inquiries or requests relating to business in or with certain countries. In light of these restrictions, no orders or requests involving any such country will be processed utilizing this Site.

13. Legal Notices

Enforcement of these Terms will be governed by the laws of Washington state, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of these Sites will lie in the state and federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing

14. Contacting Us

If you have any questions about our Terms of Use on these Sites, you may email us at info@sawbones.com.

Pacific Research Laboratories and Sawbones
10221 SW 188th Street
PO Box 409
Vashon, Washington 98070

Email Address: info@sawbones.com

Telephone number: (206) 463-5551

Confidence Through Practice™