RPG INNOVATIONS, LLC
TERMS AND CONDITIONS OF USE
Last Updated on 4/17/15
Welcome to www.outpetcare.com, a website of RPG Innovations, LLC and/or any of its affiliates of affiliated brands, including Out!, Simple Solution, Bags on Board, Vet’s Best and other (“RPG” or “We”). The following states the terms and conditions (“Terms”) under which you may use this site and use the services available through this site, including, without limitation purchasing products, creating user profile, submitting content. If you do not accept the Terms, you are not authorized to use this web site. By accessing and/or using this site, you agree to these Terms. RPG may change, revise or update the Terms at any time by updating this posting. You should visit this page periodically to review the Terms because they are binding on you. The term “you” refers to all individuals or entities accessing this site for any reason.
These Terms state the legally binding terms with respect to your use of the Site. RPG reserves the right to modify or change the Terms at any time without prior notice to you. Such modification or change shall be effective upon posting on this site.
NOTWITHSTANDING ANYTHING CONTAINED IN THE TERMS OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO THE LIMITATIONS ON RPG’S LIABILITY STATED IN THESE TERMS.
General Use and Restrictions.
- Use of Site. The use of this site and its content is at your own risk. We provide information about products and services and certain other third party information on this site. This site is provided at no charge for informational purposes and RPG does not warrant the accuracy of the information in this site. RPG may also make improvements and/or changes in the products and services described in this site at any time without notice. Any information contained in this site does not represent a commitment on the part of RPG in the future.
- Availability of Site. When using this site, information will be transmitted over a medium that may be beyond the control and jurisdiction of RPG. Accordingly, RPG assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this site. From time to time, RPG, or its designated service provider, may need to take the web site down or otherwise make it unavailable due to scheduled, preventative, required or emergency maintenance, repairs, abnormal usage, updates, or other changes.
- Use of Content. You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms.
- Account. If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify RPG of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
- Passwords. This site has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts relating to this Site. It is your sole responsibility to a) control the dissemination and use of activation codes and passwords, b) authorize, monitor and control access to and use of your account and password, and c) promptly inform us of any need to deactivate a password. You grant RPG the right to transmit, monitor, retrieve, store and use your information in connection with the operation of this site.
- Children’s Privacy. We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 12. We do not collect personally identifiable information from any person we actually know is under the age of 13.
- Submissions and User Generated Content. You shall not submit, post or transmit to, through or with this site any content or material which: a) is unlawful, constitutes, advocates or encourages conduct that is a criminal offense, could give rise to civil liability or otherwise violate any applicable local, state, provincial, national or international law; b) infringes upon any intellectual property right or other right of any entity or person, including without limitation, any copyright or trademark; c) advertises or otherwise solicits funds or is a solicitation for goods or services; d) contains a virus or other harmful component or distributes a virus or other harmful code; e) otherwise violates the Terms; f) defames, invades privacy, is threatening, harassing, abusive, racist, sexist, sexually explicit, pornographic, profane, indecent, hateful, embarrassing or otherwise objectionable as determined in the sole discretion of RPG; Furthermore, you shall not: a) after receiving a warning, continue to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed; b) post chain letters or pyramid schemes; c) impersonate another person; d) harvest or otherwise collect information about others; e) post the same note more than once or “spam;” or f) engage in any other conduct that restricts or inhibits any person from using or enjoying the site. RPG does not regularly monitor submissions but reserves the right to do so. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You are solely responsible for any information, communication or material you submit to this site and you, not RPG, have full responsibility for such information, communication or material, including its legality, reliability, appropriateness, originality or copyright. You agree that all information submitted to this site is non-confidential (including any business information, idea, concept or invention) and you automatically grant RPG a royalty-free, perpetual, irrevocable and worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such information. If you wish to keep such information private or proprietary, do not submit them.
- Blogs and Submission Areas. If you use a blog, question and answer, submission area, message board, ask our expert, user reviews, and other similar areas (“Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications and your reliance of or on any information or communications found in the Public Areas. You agree to use your common sense and courtesy in your blogging or any other activity in the Public Area. RPG is not responsible for the consequences of any communications in the Public Areas. Answers to any submissions by you, whether provided by us or other users, are for informational purposes only. If you submit a question, you agree that any responses are intended as general advice only. The answers and any other content herein are not intended to be a substitute for professional maintenance, repair, operations and technical advice. Always seek the advice of an appropriate qualified and fully trained maintenance, repair, operations or technical expert. Therefore, you are solely responsible for making sure that the responses and your reliance thereupon are appropriate for your situation and you are solely responsible for ensuring that your actions with regard to that situation are prudent. RPG shall not have any liability based upon any responses to your submissions, even if such responses are from RPG. All blogging and other related activity in the Public Area should be respectful and comply with any applicable laws. You should not disclose any confidential, proprietary, non-public or trade secret information about RPG or its business associates (including suppliers and customers) or otherwise violate RPG’s policies on confidential information.
- System Integrity. In accessing or using this web site, you agree that you will not: a) interfere, damage, limit, interrupt, destroy or attempt to interfere, damage, limit, interrupt or destroy the complete, full, timely and proper working and functionality of this site or service or its infrastructure, host or network, b) use any device, software, routine, malicious code, repeated “hacks” or “attacks,” bot, spider, virus or other similar item on or in the site or its infrastructure, host or network; c) impose or attempt to impose any unreasonable or disproportionately large load on this web site or its infrastructure, host or network, including without limitation, spamming, overloading, mailbombing, denial of service attacks, “spam”, crashing, phreaking or other unsolicited overload techniques; d) use this web site to send advertising, promotions, solicitations, viruses or other information to other users or persons; e) violate any law or encourage or advocate conduct which would violate any law, infringe upon the rights of others, or give rise to civil liability; or f) modify, remove, delete, or copy any part of this web site.
- Links and External Sites. This site may contain from time to time advertisements, references, links or pointers to other sites owned and operated by third parties or others (“Linked Sites”). By using such a link, you agree that RPG does not endorse and is not responsible for the content of the Linked Sites, availability of such sites, or the actions or omissions of its owners or operators. You access such Linked Sites at your own risk. You should contact the site administrator or Webmaster for such Linked Site if you have any concerns regarding such links or the content thereof.
- Intellectual Property. This site, its content, design and graphics and all intellectual property rights associated therewith are owned by RPG © 2015 RPG All rights reserved. Permission is granted to view and access a single copy of this site for use as a resource for your personal use only and for no other purpose. Any other use is prohibited. You may not copy (other than set forth above), reproduce, reverse engineer, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the site, in whole or in part. All trademarks, service marks, trade names, graphics, and logos (collectively, the “Marks”) are owned by RPG and its affiliates or by other respective owners that have granted RPG the right and license to use such marks. RPG prohibits your use of any Marks contained in this site without its permission.
- Policy, Notices and Procedures Regarding Claims of Copyright Infringement. RPG respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 6. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:
By Mail: RPG Innovations, LLC Legal Department
2727 Chemsearch Blvd., Irving, TX 75062
By Fax: +1 972-438-0100
By Email: RPG.IP@RPG.comNOTE: The preceding information in this Section is provided exclusively for notifying RPG that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
- Indemnification. You hereby agree to indemnify and hold harmless RPG and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your entry and/or use of the Site (including, without limitation, any Service), and/or (b) any breach, or alleged breach, of any of the Terms by you.
- Disclaimer. The site and its content, including without limitation, text, graphics, and links, are provided “AS IS” and without warranties. You expressly agree that the use of the site is at your own risk. To the fullest extent permitted by law, RPG disclaims all representations and warranties, whether express or implied, statutory or otherwise. RPG specifically disclaims implied warranties of merchantability, fitness for a particular purpose, fitness for an intended use and non-infringement. Without limiting the foregoing, RPG makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site, its content, submissions and responses. RPG does not warrant or represent the results that may be obtained from the use of the site. RPG does not warrant or represent that the site or its content is accurate, suitable, complete, or up-to-date, nor that access to or use of the site or the server which makes it available will be uninterrupted, error-free, or free of viruses or other harmful components. RPG is not liable or responsible for any infections, contaminations, delays in operation or transmission, line failures, errors, omissions, interruptions, lack of availability, or defects arising out of your use of the site or with respect to the material provided or contained in the site. This site may contain typographical errors and RPG is not liable for such errors. To the extent applicable and transferable, RPG transfers any manufacturer’s warranties to you.
- Limitation of Liability. In no event is RPG liable to you for any damages (including personal injury, wrongful death, lost profits, property damages, special, indirect, incidental, consequential damages, direct, exemplary, loss of data, loss of business, punitive or other damages of any kind even if RPG knew, should have know or is or was advised of the possibility of such damages) resulting from the use of or inability to use the site or its contents, information, submissions or responses or the use or reliance thereof, whether based on warranty, contract, tort, negligence or any other theory. Without limiting the above, RPG shall only be liable to you to the extent of actual damages incurred by you, capped at $1,000. Any claim arising in connection with your use of this Site or its content, submissions, or responses must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these terms are exclusive and are limited to those expressly provided herein. You specifically agree that RPG is not liable for any defamatory, offensive or illegal conduct of any user. RPG is not liable for our supplier’s performance or lack of performance or late or missed delivery dates. If you are dissatisfied with the site, your sole and exclusive remedy is to discontinue use of the site. Some jurisdictions may not permit disclaimers or limitations set forth herein, in which case RPG’s liabilities are limited to the fullest extent permitted by applicable law. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
- Modifications to the Site. For the avoidance of doubt, RPG may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.
- Jurisdiction and Choice of Law. The site has been created and is owned and operated by RPG Corporation, from its offices at 2727 Chemsearch Boulevard, Irving, Texas 75062. The laws of the State of Texas, United States shall govern this site, these terms and conditions and any dispute related thereto, without regard to conflict or choice of law rules. Use of this site is unauthorized in any jurisdiction that does not give effect to all of these Terms, including without limitation this paragraph.
- Arbitration. Any controversy, dispute or claim brought by you against RPG or its parent corporations, subsidiaries, affiliates, directors, officers, agents, suppliers, representatives shall be resolved by binding arbitrations in accordance with the international commercial arbitration rules of AAA. Any such controversy, dispute or claim brought by you shall be arbitrated on an individual basis and shall not be consolidated with any other controversy, dispute or claim. The arbitration shall be conducted in Dallas, Texas, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- Entire Agreement. These Terms constitute the entire agreement between you and RPG with respect to this site and it supersedes all prior agreements between you and RPG with respect to this site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any court proceedings as a business record generated and maintained in printed form.
- Severability. If any of these Terms is declared to be illegal, invalid or unenforceable, such provision(s) will be severed from this document. The remaining Terms shall remain in full force and effect as if such severed provision(s) was (were) never a part of these Terms.
- Violation of Terms. If you violate these Terms, you agree to defend, indemnify and hold RPG, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions, demands, liabilities, damages, and settlements, including, without limitation, reasonable legal fees, resulting from your violation of these Terms. RPG may terminate or suspend your right to use or access this site immediately without notice, in the sole discretion of RPG, if you fail to comply with the Terms, if we are unable to verify or authenticate any information you supply or release to us, or for any other conduct that is harmful to the interests of another user, third-party provider, or RPG or its merchants, suppliers or customers. In the event of such termination, you are no longer authorized to access any portion of the Site. Serious violations of these Terms and any relevant RPG’s policy may result in termination of your employment with RPG.
- Forward-looking Statements. This site may contain forward-looking statements which may involve risks and uncertainties. Actual results may differ from these statements as a result of changes in external competitive market factors, unanticipated changes in the company’s industry, or economy in general, as well as various other factors.