PEW Science Website Terms and Conditions
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register as a member of PEW Science, we will ask you to expressly agree to these terms and conditions. Even if you do not register as a member of PEW Science, by using our website, you accept these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website, even if you do not register as a member of PEW Science.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright, Trademark, and Intellectual Property Notice
2.1 Copyright (c) 2019-2021 PEW Science, LLC
2.2 PEW-SOFT™, Hearing Damage Level™, Silencer Sound Standard™, and Sound Signature Review™, and Suppression Rating™ are trademarks owned by PEW Science, LLC.
2.3 Subject to the express provisions of these terms and conditions:
(a) we, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Permission to Use Website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) use our website services by means of a web browser,
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of Website
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Registration and Accounts
5.1 To be eligible for a PEW Science Membership on our website under this Section 5, you must 18 years of age.
5.2 You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
5.3 You must not allow any other person to use your account to access the website.
5.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.5 You must not use any other person's account to access the website.
5.6 If you:
(a) are employed by a silencer manufacturer, dealer, distributor, or re-seller; and/or
(b) use your membership for any purpose, other than personal use (as described in Section 3 of these terms and conditions);
your membership registration is limited to the Advanced tier, as described here, and you may not register for the Basic or Professional membership tiers.
5.7 Strict penalties will be enforced for a breach of any of these terms and conditions, including those in Section 5. Penalties are described in Section 10.
5.8 Memberships may be cancelled at any time. Memberships are billed for the full payment term, upon purchase, and automatically renew. Monthly memberships renew monthly and annual memberships renew annually. When a membership is cancelled, it will remain active until the current paid term expires, and no payment will be charged for any additional terms. Refunds are not issued upon cancellation.
6. User Login Details
6.1 If you register for a membership with our website, you will be asked to use an e-mail address and choose a password.
6.2 You must not use your membership or e-mail address for or in connection with the impersonation of any person. Your e-mail address must not be liable to mislead.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6.6 You must not use your membership or e-mail address to circumvent, mislead, or violate these terms in conditions in any way, including violating Section 5.
7. Cancellation and Suspension of Membership
7.1 We may:
(a) suspend your membership;
(b) cancel your membership; and/or
(c) edit your membership details, at any time in our sole discretion with or without notice to you.
7.2 You may cancel your membership subscription on our website using the “My Profile” link on the Login Box of the website.
8. Limited Warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website.
9. Limitations and Exclusions of Liability
9.1 Nothing in these terms and conditions will limit or exclude any liabilities in any way that is not permitted under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
10. Breaches of these Terms and Conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise;
(g) suspend or delete your account on our website;
(h) publicly advertise your breach on our website and on any public media, without liability for any business losses you may incur as a result of such public advertisement;
(i) permanently suspend the testing, evaluation, and inclusion of your product or products in the Silencer Sound Standard, in perpetuity; and/or
(j) permanently prohibit any entity associated with your business entity from accessing our website.
10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10.3 The penalties described herein also apply to any business entity for which an employee or associate of said entity breaches these terms and conditions; for example, the breach of these terms and conditions by the employee of a firearm manufacturer, dealer, or distributor results in a breach of these terms and conditions by his or her employer, and the employer will also be subject to the penalties described herein.
11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
12. Assignment
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13. Severability
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third Party Rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire Agreement
15.1 Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16. Law and Jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with United States law.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United States.
17. Our details
17.1 This website is owned and operated by PEW Science, LLC.
17.2 We are registered as a limited liability company in the State of Texas.
17.3 You can contact us:
(a) using our website contact form, here;
(b) by email, here.
Privacy Policy
This privacy policy ("policy") will help you understand how PEW Science ("us", "we", "our") uses and protects the data you provide to us when you visit and use pewscience.com ("website", "service").
We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
What User Data We Collect
When you visit the website, we may collect the following data:
Your IP address.
Your contact information and email address.
Other information such as interests and preferences.
Data profile regarding your online behavior on our website.
Why We Collect Your Data
We are collecting your data for several reasons:
To better understand your needs.
To improve our services and products.
To send you promotional emails containing the information we think you will find interesting.
To contact you to fill out surveys and participate in other types of market research.
To customize our website according to your online behavior and personal preferences.
Safeguarding and Securing the Data
PEW Science is committed to securing your data and keeping it confidential. PEW Science has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.
Our Cookie Policy
Once you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behavior (analyze web traffic, web pages you spend the most time on, and websites you visit).
The data we collect by using cookies is used to customize our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.
Please note that cookies don't allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.
If you want to disable cookies, you can do it by accessing the settings of your internet browser.
Links to Other Websites
Our website contains links that lead to other websites. If you click on these links, PEW Science is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.
Restricting the Collection of your Personal Data
PEW Science will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.
