Terms of Service

1. What our products are — and what they are not

We sell measuring tools, including crab gauges, designed to help you quickly estimate the size of a catch. Our products are measuring aids only.

Always confirm current regulations — sizes and seasons can change by area. This is a measuring aid, not an official document.

Our products are not issued, approved, endorsed, certified, or verified by any government agency, fish and wildlife department, regulatory body, or enforcement authority, and we are not affiliated with any such agency. No measurement taken with our products is an official determination of legal size, of the legality of a catch, or of compliance with any law, rule, season, closure, permit condition, or bag limit.

2. Assumption of risk and your responsibilities

You acknowledge and agree that:

• Size limits, seasons, gear rules, closures, and other regulations change frequently, vary by state, water body, and area, and may change without notice to us.
• You must independently verify current regulations with the applicable authority before and during any fishing or crabbing activity.
• Measurement results can vary with how a product is used, the condition or orientation of the catch, wear, temperature, moisture, and user technique.
• Fishing, crabbing, boating, and related activities are inherently risky. You assume all risks associated with those activities and with the use of our products.
• You are solely responsible for any citation, fine, penalty, forfeiture, license suspension, legal proceeding, injury, loss, or damage arising from your activities, including any that involve or follow the use of our products.

3. Eligibility

You must be at least 18 years old and able to form a binding contract to purchase from us. By ordering, you represent that you meet these requirements and that the information you provide is accurate and complete.

4. Products, pricing, and availability

We work to describe and price our products accurately, but we do not warrant that product descriptions, photographs, colors, dimensions, pricing, or other content are accurate, complete, reliable, current, or error-free. Products are made to order, and slight variation in color, finish, and dimensions is normal.

We may, at any time and without prior notice: correct errors or inaccuracies; change or discontinue products; change prices; limit quantities; and refuse, cancel, or limit any order. If we cancel an order after you have been charged, your sole remedy is a refund of the amount you paid for the cancelled items.

5. Orders and payment

Your order is an offer to buy. We accept it when we charge your payment method or ship the product. Payments are handled by our third-party payment processor; we do not receive or store your full payment card details. You represent that you are authorized to use the payment method you provide. Prices are in U.S. dollars and exclude applicable taxes and shipping unless stated otherwise. You are responsible for any applicable sales, use, or similar taxes.

6. Personalization

Personalized products are produced using the text you submit. You are solely responsible for that text, and you represent that you have the right to use it and that it infringes no one's rights and violates no law. We may refuse or cancel any personalization request for any reason, including text we consider unlawful, infringing, offensive, hateful, threatening, obscene, or otherwise objectionable. We are not responsible for typographical errors in text you provide — please check your spelling before ordering.

Because personalized items are made specifically for you, they are not returnable except as described in our Returns policy.

7. Shipping, delivery, and risk of loss

Shipping timeframes are estimates, not guarantees. Products are made to order, so allow production time in addition to transit time. Title and risk of loss pass to you when we deliver the package to the carrier. We are not responsible for carrier delays, misdelivery, theft after delivery, or losses caused by an incorrect or incomplete address you provide. See our Shipping policy for details.

8. Returns

Returns and refunds are governed by our Returns policy, which is incorporated into these Terms.

9. Reviews and other content you submit

If you submit a review, photograph, comment, or other content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and display that content in any media in connection with our business. You represent that you own or control the rights to the content and that it is accurate and not unlawful, defamatory, infringing, or deceptive. We may edit, decline to post, or remove any submission at our discretion. Do not submit content that is false or misleading, or that you were compensated to submit without disclosing it.

10. Acceptable use

You agree not to: use the site for any unlawful purpose; interfere with or disrupt the site or its security; attempt to gain unauthorized access to any system or account; scrape, harvest, or collect data from the site by automated means; resell or commercially exploit the site; or misrepresent your identity or affiliation.

11. Intellectual property

11.1 Our rights

The site and its contents — including the design, shape, proportions, notch configuration, and overall appearance of our products (our trade dress), together with all text, graphics, logos, photographs, product descriptions, and compilations — are owned by us or our licensors and are protected by United States and international copyright, trademark, trade dress, patent, and unfair competition laws. Ebb & Claw, our logo, and our product names are our trademarks, whether or not marked with ™ or ®. Nothing on this site grants any license or right to use any of our trademarks without our prior written permission.

11.2 Limited license to you

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the site for personal, non-commercial purposes, and to use a product you purchase for its intended personal use. All rights not expressly granted are reserved. Purchasing a product transfers ownership of that physical item only — it transfers no copyright, trade dress, patent, trademark, or other intellectual property right, and no right to reproduce it.

11.3 No copying, scanning, or reproduction of our products

Because our products are manufactured by additive manufacturing, this restriction is central to our business. Without our prior written permission, you agree not to, and not to permit or assist anyone else to:

• 3D-scan, photogrammetrically capture, digitize, measure for the purpose of replication, or otherwise create a digital model, CAD file, mesh, STL, or other manufacturing file derived from any of our products;
• mold, cast, machine, print, or otherwise manufacture any product that copies or is substantially derived from our products;
• distribute, sell, share, upload, or publish any such file or reproduction, including to any file-sharing, model-sharing, or print-on-demand service;
• reverse engineer, disassemble, or decompile any product or software for the purpose of creating a competing or substantially similar product; or
• remove, alter, or obscure any branding, marking, or notice on a product.

You acknowledge that a breach of this Section 11.3 would cause us irreparable harm for which monetary damages would be an inadequate remedy, and that we are entitled to seek injunctive and other equitable relief — without posting bond and without waiving the arbitration agreement in Section 16 — in addition to any other remedies available.

11.4 Resale and commercial use

Retail purchases are for personal use. Purchasing our products at retail does not authorize you to resell them commercially, to represent yourself as an authorized dealer, or to use our trademarks in your own marketing. If you want to stock our products, contact us about wholesale terms.

11.5 Feedback

If you send us ideas, suggestions, or feedback about our products or business, you agree they are non-confidential and non-proprietary, and you grant us an unrestricted, irrevocable, worldwide, royalty-free right to use, implement, and commercialize them for any purpose, with no obligation to compensate or credit you. Please do not send us ideas you expect to be kept confidential or paid for.

11.6 Copyright complaints (DMCA)

We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act. If you believe content on our site — including a customer review photo — infringes your copyright, send a written notice to contact@arkossystems.com (subject line: "DMCA Notice") containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and where it is located on our site; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We will remove or disable access to material we determine in good faith to be infringing, and we terminate the accounts of repeat infringers in appropriate circumstances. If you believe your content was removed in error, you may send a counter-notice with the equivalent information required by 17 U.S.C. § 512(g).

12. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY PRODUCT WILL BE ACCURATE FOR ANY PARTICULAR PURPOSE, WILL COMPLY WITH OR HELP YOU COMPLY WITH ANY LAW OR REGULATION, WILL PREVENT ANY CITATION, FINE, OR PENALTY, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Our limited 30-day remedy

Separately from the disclaimers above, and as described in our Returns policy, we will replace or refund any product that arrives damaged, defective, or incorrect if you notify us within 30 days of delivery with proof of the issue. This is our sole express warranty and your exclusive remedy for a defective product.

Because we provide that limited written remedy, and to the extent the Magnuson-Moss Warranty Act or your state's law prevents us from disclaiming implied warranties entirely, any implied warranty — including merchantability and fitness for a particular purpose — is limited in duration to thirty (30) days from delivery, which is the duration of our written remedy. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

Nothing in these Terms waives or limits any right you have under non-waivable consumer protection law, including the Washington Consumer Protection Act (RCW 19.86) and comparable statutes in your state. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR FISHING OR CRABBING PRIVILEGES, OR FOR ANY FINES, CITATIONS, PENALTIES, FORFEITURES, LEGAL FEES, OR CONFISCATION OF EQUIPMENT OR CATCH, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so parts of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by our gross negligence or willful misconduct, or for fraud.

14. Indemnification

You agree to defend, indemnify, and hold harmless Arkos Systems, LLC and its members, managers, officers, employees, contractors, agents, suppliers, and affiliates from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use or misuse of any product or the site; (b) your violation of these Terms; (c) your violation of any law, regulation, rule, season, limit, permit, or license; (d) any content you submit, including personalization text and reviews; (e) your violation of the rights of any third party; or (f) your fishing, crabbing, boating, or related activities. We may, at your expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

15. Third-party services and links

We rely on third parties for payment processing, shipping, email delivery, hosting, and analytics. We are not responsible for the acts, omissions, products, services, policies, or content of any third party, including shipping carriers and payment processors. Links to third-party sites are provided for convenience only and are not endorsements.

16. Dispute resolution — arbitration and class action waiver

Governing statute. This section is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

Informal resolution first. Before starting arbitration or any other formal proceeding, you agree to send a written Notice of Dispute to contact@arkossystems.com that includes your name, the email and address associated with your order, your order number, a description of the dispute, and the specific relief you seek. We will do the same for any dispute we raise. Both parties agree to try in good faith to resolve the dispute for 60 days after the notice is received. This step is a condition precedent to starting arbitration, and the 60-day period tolls any applicable limitations period.

Binding arbitration. If the dispute is not resolved within 60 days, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the site, or any product — including the validity, enforceability, or scope of this arbitration agreement — will be resolved by binding individual arbitration and not in court, except as stated below. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Consumer Minimum Standards, or by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if JAMS is unavailable. Arbitration will be conducted by a single arbitrator, in writing or by telephone or video conference where the rules allow, or in-person in Benton County, Washington if an in-person hearing is required. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

Arbitration costs. We will pay all filing, administration, and arbitrator fees that exceed what it would cost you to file the same claim in court, as required by the administrator's consumer rules. If the arbitrator finds your claim frivolous or brought for an improper purpose, the allocation of fees will be governed by the administrator's rules. Each party otherwise bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.

Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If the class action waiver is unenforceable, this whole section is void. The class action waiver above is an essential part of this arbitration agreement. If a court or arbitrator decides that the class action waiver is unenforceable or invalid as to all or part of a dispute, then this entire arbitration section will be null and void as to that dispute, and that dispute will proceed in court under Section 17 below — but the rest of these Terms will remain in effect. Under no circumstance do the parties agree to class, collective, or representative arbitration.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property. Seeking such relief does not waive this arbitration agreement.

Opt-out. You may opt out of this arbitration agreement by emailing contact@arkossystems.com within 30 days of the date you first accept these Terms (or first purchase, if earlier), with your name, the email address used, and a clear statement that you opt out of arbitration. Opting out affects no other part of these Terms and will not affect your ability to purchase from us.

Changes. If we materially change this arbitration section after you accept it, you may reject the change by emailing us within 30 days of the change, in which case the most recent version you accepted will govern.

Survival. This arbitration agreement survives termination of these Terms and the end of your relationship with us.

Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

17. Governing law and venue

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Subject to the arbitration section above, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Benton County, Washington for any matter not subject to arbitration.

18. Changes to these Terms

We may update these Terms at any time. Changes take effect when posted, and the "last updated" date above will change. Your continued use of the site or a new purchase after we post changes means you accept the updated Terms. The version in effect at the time of your order governs that order.

19. General

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest of these Terms remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a merger or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, weather, labor disputes, supply shortages, carrier failures, utility or internet outages, or governmental action.

Entire agreement. These Terms, together with our Privacy Policy, Shipping policy, and Returns policy, are the entire agreement between you and us regarding the site and your purchases, and supersede any prior agreements.

Survival. The sections on product nature, assumption of risk, disclaimers, limitation of liability, indemnification, intellectual property, dispute resolution, and these general terms survive termination.

Electronic communications. You consent to receive communications from us electronically — by email or by posting on this site — and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

Notices. We may send you notice at the email address associated with your order or account. You must send us notice at contact@arkossystems.com. Notice is effective when sent, except that a Notice of Dispute under Section 16 is effective when received.

No third-party beneficiaries. These Terms create no rights in anyone other than you and us, except that our members, managers, officers, employees, contractors, agents, suppliers, and affiliates may enforce the disclaimer, limitation of liability, and indemnification sections.

Wholesale and business orders. These Terms govern retail purchases by consumers. Wholesale, bulk, reseller, and other business orders are governed by the separate written terms we agree with you; if those terms conflict with these Terms, the separate written terms control for that order.

Headings. Section headings are for convenience only and do not affect the meaning of any provision.

Interpretation. These Terms will not be construed against either party as the drafter.

Export and sanctions. You represent that you are not located in, and will not use our products in, a country or by a person subject to United States embargoes or sanctions.

20. Contact

Questions about these Terms? Email contact@arkossystems.com.