Terms and Conditions
Last updated: September 25, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the https://protolife.com website (the "Service")
operated by ProtoLife Inc ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third-party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
By using the service you agree that you are granting to ProtoLife a non-exclusive
license to copy, store, adapt, edit and transform all all data, works and materials
("Customer Data") you upload to or store on the Service. This license also extends to
any Customer Data we transmit at your request; any Customer Data you provide to us
for uploading to, transmission by or storage on the Service; or any data we generate
for you as a result of your use of the Service.
By using the service you warrant to ProtoLife Inc and its licensors that your
Customer Data will not infringe the intellectual property rights or other legal rights
of any person, and will not breach the provisions of any law, statute or regulation,
in any jurisdiction and under any applicable law.
As part of the routine operation of the Service we combine Customer Data
with internally gathered performance data and with "Log Data" (described in our
data for any business purpose, including, without limitation, to develop and improve
the Service or to develop other ProtoLife Inc products or services.
Except for Customer Data you provide as described above, the Service and its original
content, features and functionality are and will remain the exclusive property of
ProtoLife Inc and its licensors. The Service is protected by copyright, trademark,
and other laws of both the United States and foreign countries. Our trademarks and
trade dress may not be used in connection with any product or service without the
prior written consent of ProtoLife Inc.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by ProtoLife Inc
ProtoLife Inc has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third-party web sites or
services. We do not warrant the offerings of any of these entities or individuals
or their websites.
You acknowledge and agree that ProtoLife Inc shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such third-party web sites or
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ProtoLife Inc and its
licensee and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password, or b) a
breach of these Terms.
Limitation Of Liability
In no event shall ProtoLife Inc, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including, without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
ProtoLife Inc its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of
California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
An online contact form is available at /contact