This website, www.sealsurvival.com (“Website”), is the property of SEAL Survival Gear, Inc. (Seal Survival) a Colorado Corporation and its use as well as the purchase of goods from SEAL Survival is subject to the terms of this Agreement as found below.
1. General Conditions
SEALsurvival.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.1 Online Store
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By viewing the site or purchasing from us you are expressly agreeing to these Terms of Service, as well as those of Shopify, Inc. Further, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.2 Permission to Use Site
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.3 Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
1.4 Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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 dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Website or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Seal Survival or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. For more detail, please review our Returns Policy.
1.5 Products or Services (As Applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
1.6 Third-Party Links & Products
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
2. Intellectual Property
Seal Survival® as well as Be a Survivor not A Statistic® are registered trademarks of Seal Survival Gear, Inc., its affiliates, subsidiaries or assigns, in the United States and other countries. GOAL ZERO Switch 8™, SERFAS USL-6 Thunderbolt light®, HydraPak Elite Reservoir™, Lifeline™, Adventure Medical™, and Survival Pod and other marks indicated on our Website are trademarks or registered trademarks of the individual companies or individuals that manufacture those products and or Seal Survival Gear, Inc. in the United States and other countries. All rights are reserved with regard to the aforementioned trademarks and other trademarks of Seal Survival which may not be included or any reason.
Seal Survival does not lay claim to any third-party mark used on this website or within its products. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Seal Survival products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Seal Survival Gear, Inc. or its respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of Seal Survival Gear, Inc. or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this Website, and the selection, coordination, and arrangement of such content, are owned by Seal Survival or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of this Website for any purposes. Nothing stated or implied on this Website confers on you any license or right under any copyright of Seal Survival or any third party.
This Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Website, or use the contents of this Website in litigation, or for any commercial or promotional purposes, without the express written consent of Seal Survival Gear, Inc. or its lawful successors and assigns. For usage permission, contact us.
Seal Survival grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Seal Survival. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Seal Survival. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Seal Survival and our affiliates without express written consent. You may not use meta tags or any other hidden text using Seal Survival’s name or trademarks without the express written consent of Seal Survival. Any unauthorized use terminates the permission or license granted by Seal Survival.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Seal Survival so long as the link does not portray Seal Survival or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Seal Survival logo or other proprietary graphic or trademark as part of the link without express written permission.
This Site may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Seal Survival (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Seal Survival to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site.
SEAL SURVIVAL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE/PRODUCTS OR CO-BRANDED WEB SITE OR PRODUCT, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Seal Survival. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. By using this Website, you agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.
All products purchased from this Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Seal Survival. Title to products purchased on this Website, as well as the risk of loss for such products, passes to you when Seal Survival delivers these items to the carrier.
Seal Survival attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Some Seal Survival products displayed on this Website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on this Website may not be available in retail stores.
Seal Survival has made every effort to display as accurately as possible the colors of our products that appear on this Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.
3. Disclaimer of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service, website or products will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You, the Buyer, agree to defend, indemnify, and hold harmless Seal Survival Gear, Inc. and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Seal Survival Gear, Inc. arising out of or relating to your use of the Website, the purchase and use of our Products, the use of any Third-Party Products found within our Products as well as any violation of this Agreement, or your violation of any rights of another in connection with this Agreement.
In no case shall SEALsurvival.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Notwithstanding Any Other Warranties Or Disclaimers Found Elsewhere On Our Products, Seal Survival Offers The Following Product Warranties:
BUYER ASSUMES ALL RISK OF USE FOR THIS PRODUCT. IT IS THE BUYER’S OBLIGATION TO SEEK COMPENTENT EMERGENCEY PREPAREDNESS INSTRUCTION PRIOR TO USING THE PRODUCTS FOUND WITHIN THE SEAL SURVIVAL GO BAG-ALPHA™.
SEAL Survival Gear, Inc. (Seller) offers the original Buyer (Buyer), supplying proof of purchase or a registered warranty card, a 30 day Limited Warranty that the Seller’s product (Product) is free from defects in materials and workmanship. This Limited Warranty commences on the date the Product is purchased. SEAL Survival Gear, Inc. does not offer a warranty for any third-party products found within our Product. If the Buyer discovers a covered defect in our Product; the Buyer should contact SEAL Survival Gear, Inc. to secure a return authorization number prior to attempting to return the Product. The Product will be repaired or replaced at the Seller’s discretion. SEAL Survival Gear, Inc. does not offer repairs or replacements on third-party products found within its Product, including but not limited to, the Go-Bag Alpha pack. That is the extent of our liability under this Limited Warranty and upon expiration of the applicable 30 day warranty period, all such liability shall terminate. We reserve the right to require proof of purchase for all warranty claims.
We do not warranty our Products against normal wear and tear (such as rips, edge cuts, abrasions or natural product degradation etc.). The Buyer acknowledges SEAL Survival Gear, Inc. does not offer any warranty for the Buyers unauthorized modification, alteration, improper use, improper maintenance, accidental use, misuse, negligence, abuse or damages if the Product is used for a purpose for which it was not designed. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. Except for those rights expressly stated in this Limited Warranty, we shall not be liable for direct, indirect, incidental, or other types of damages arising out of, or resulting from the use of the Product. This Limited Warranty is in lieu of all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose (some states do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on the duration of an implied warranty, so the above exclusions may not apply to you).
WARNING: The Products offered by SEAL Survival Gear, Inc. are designed to be used in emergency situations only. The purchase of the Product(s) represents the Buyer’s acknowledgment the Buyer understands how to use the Product(s) and that they have received proper training on the use of the Products prior to use. Some aspects of emergency situations are by their nature, potentially hazardous and dangerous. Any person using our equipment or products in any manner is personally responsible for learning the proper techniques involved, and assumes all risks and accepts full and complete responsibility for any and all damages and injury of any kind, including death, which may result from the use of any equipment purchased through SEAL Survival Gear Inc. Books, catalogs and information on our Website may offer general guidance on emergency equipment, techniques and supplies, but these statements are no substitute for personal instruction by a qualiﬁed instructor well versed in all appropriate emergency safety techniques.
4. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
4.1 User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
5. General Provisions
We may discontinue this Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice. We may discontinue or restrict your use of this Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, instructor, instructee or agency relationship exists between you and Seal Survival as a result of this Agreement or your use of this Website. Nothing contained in this Agreement is in derogation of Seal Survival’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Seal Survival with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Seal Survival to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. The terms of this agreement shall not be construed against the drafter of the agreement. In the event of any dispute arising under this Agreement or as result of the use of Seal Survival Gear Inc. products this Agreement shall not be interpreted for or against any party hereto on the ground that such party drafted or caused to be drafted this Agreement or any part hereof.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement between Seal Survival and the purchaser regarding the purchase of our Products as well as our Website and its content, and supersedes any prior or contemporaneous communications between Seal Survival and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved by SEAL Survival Gear, Inc.