Radio Systems Group | Services | Use Limitation | Prohibited Use | Ownership | Duration | Information | Third Parties | Account | Spam | Laws | International | Forums | Testimonials | Severability | Representations | Liability | Release | Waiver | Assignment | Agreement |
This document was last updated 22 June 2010.
1. Radio Systems Group. Radio Systems® Corporation is a member of a group of companies comprising its subsidiaries (including PetSafe Limited), its ultimate holding company and its subsidiaries (together "we," "us", "our" or the "Group"). For details of the members of the Group relevant to your country click here.
2. Services. This Website is owned and operated by one or more members of the Group (referred to herein as the "Owner", "we," "us," or "our"). The Owner provides you with access to a variety of services, including but not limited to product information and product purchasing (collectively "Services"). The information contained on this Website, including, without limitation, text, images, graphics, photos, software, audio and video files, e-mails, posted comments and all other interactive features and content ("Content") is provided for your use conditional upon your acceptance without modification of the Terms.
3. Use Limitation. You may download material from the Site only for your own personal, non-commercial use. While we encourage you to download and print information to help understand our Services and shop, unless otherwise specified, no material on this Site, including but not limited to the Content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission of the Owner and with express attribution to the Owner. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, “mirror” any material contained on this Site or any other server. Any unauthorised use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
You represent and agree that you are at least 18 years of age or possess legal parental or guardian consent, and are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties in these Terms. You further represent that you agree to comply with these Terms.
4. No Unlawful or Prohibited Use. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any www.petsafe.net server and/or other Group server, or interfere with any other person’s use and enjoyment of the Site, other accounts, computer systems or networks connected to any www.petsafe.net server and/or other Group server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Use of the Content for any purpose not expressly permitted in these Terms is prohibited. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our Website and we will cooperate with law enforcement officials and regulatory authorities as appropriate. The Owner may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site.
5. Ownership, Copyright and Trademark. You agree and acknowledge that the Owner is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of relevant Group member countries. Any unauthorised use of any material on this Site may breach such laws. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.
The trademarks, logos, and service marks used and displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of the Owner and third-parties including the Owner's partners, affiliates, and dealers whose registered and unregistered trademarks are used on this Site with the permission of these third-parties. Under no circumstances may you use any of the Trademarks, whether owned by or licensed to us. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms. Without prejudice to the above, if you make any copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose you will be breaching the intellectual property rights of the Owner, which it vigorously protects.
The Owner respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide the Owner with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information - name, address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorised, and that all of the information in this notice is accurate and you are the copyright owner or authorised to act on the copyright owner’s behalf. This notice should be signed and provided to the Owner's designated copyright agent as set forth below:
6. Duration. These Terms will continue to be effective until we terminate them. You may (without prejudice to our rights in respect of any antecedent breach(es)) terminate these Terms at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. We may terminate your use of this Site immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.
Any contact or communication which you may make with us or our employees via this Site must be for the Owner's business-related purposes and all such communications are the property of the Owner, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under law. You understand that information transmitted over public networks may be accessed by third parties and the Owner will not be liable for any such unauthorised disclosure.
The Owner and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when the Owner's products or marketing strategies might seem similar to ideas submitted to the Owner. Please do not send your unsolicited ideas to the Owner or anyone at the Owner. If, despite our request that you not send us your ideas and materials, you still send them, please understand that the Owner makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Third Party Content and Linked Sites. You acknowledge that the opinions and recommendations expressed or made available in this Site are those of the respective author(s) and are not necessarily those of the Owner or endorsed by the Owner. This Site contains links to other sites created and maintained by other organisations, which may or may not be related to the Owner. These links are provided for your convenience and are for reference only and you agree that links do not imply that the Owner is affiliated or associated with, or that any linked site is authorised to use any trademark, trade name, logo or copyright of the Owner. You understand that the linked sites are not controlled by the Owner and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links but we are not obligated to do so.
9. Member Account, Password and Security. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify the Owner immediately of any unauthorised use of your account or any other breach of security of which you become aware. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
12. International Users. Materials published at this Site may refer to products, programs or services that are not available in your country. The Owner makes no representation that this Site or the materials at this Site are appropriate or available for use at your location. You may not use the Site or export information or materials at this Site in breach of these Terms or any applicable laws.
13. Chat Rooms and Bulletin Boards. If any chat rooms, forums, or bulletin boards are provided on the Site, they are provided by the Owner as a service and convenience to its visitors. You should however, understand the risks involved with using this type of site. Therefore, before you participate in any chat room, forum or bulletin board on this Site, it is important that you read, understand and agree to the following terms and conditions and all of the Terms on this Site.
You agree that you will not upload any material to this Site that infringes any proprietary right, including, but not limited to, copyrights or trademarks. You also agree not to upload any material that is obscene, libellous, defamatory, harassing, hateful, or racially, ethnically or otherwise objectionable. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users.
The Owner does not screen, review or control the information and listings posted by users, nor does it screen, review, or control any of the people who participate. The Owner is not responsible for the information or material provided on this Site by others and cannot guarantee the accuracy of the information provided by any other party. The Owner is not responsible for and does not endorse the opinions, advice or recommendations generated by participates in chat rooms, forums or bulletin boards. Because we do not control the transactions between you and other users, you hereby acknowledge that the Owner is in no way liable for any claims arising from your use of this Site. As a condition of your use, you agree to indemnify the Owner for all claims relating to any material or information posted by you on this Site. Remember that there are risks in dealing with people you do not know and that the Owner has no control over such risks. You need to exercise care in these transactions. People may provide information that is offensive, false, harmful, or deceptive. Please be cautious when sharing information, especially personal information, with others. Your use of the information is at your own risk.
Information submitted to the chat rooms, forums, or bulletin boards may be routed through the Owner's servers or servers of third parties, and may be viewed by the general public. Therefore, you should have no expectation of privacy for the information you post. This information may be collected and used by third parties. It is not secure or private.
The Owner may decide (in its absolute discretion) at any time to monitor the information and postings; if the Owner takes such action it shall not constitute the Owner as editor of such content and the Owner accepts no liability in relation thereto. The Owner reserves the right at its discretion to screen, refuse to post, remove or edit any and all information or postings from the chat rooms, forums and bulletin boards, or to bar access of any individual to the Site, or its chat rooms, forums, or bulletin boards.
In participating in chat rooms, forums and bulletin boards, you agree not to market or sell any products or services or solicit others to do so, or use the chat room, forum, or bulletin board for any commercial purpose. You will not misrepresent your identity or affiliation. You also will not breach the Terms of the Site.
14. Testimonials. All testimonials are based on information received from the Owner's customers as the result of their experience with the products sold and Services offered on the Site. The Owner does not compensate its customers in exchange for their testimonials.
15. Severability. If any provision of these Terms is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and removed from these Terms, and the remaining provisions will remain in full force and effect.
16. No Representations or Warranties. Your use and browsing of this Site is at your sole risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
The information and materials on the Website, including, but not limited to, Content, user content and third party content, could include technical inaccuracies, typographical errors, and false, defamatory, inaccurate or misleading information. You acknowledge and agree that use of the website and services is entirely at your own risk. The Owner (including its officers, directors, employees, and agents) makes no representations or warranties with respect to the operation of this website, any information or materials on the website, including, without limitation, website content, user content or third party content, all of which is provided on a strictly “as is” or “as available” basis, without any warranties of any kind.
The Owner expressly disclaims all implied warranties so far as is permitted by law including, without limitation, in relation to the security, reliability, timeliness, accuracy and performance of the Website and Services, warranties as to merchantability, fitness for a particular purpose, and non-infringement of trademark rights, patent rights, copyrights, other intellectual property rights and other proprietary rights. The Owner expressly disclaims any warranties for other services or goods received through, or advertised on or in connection with the Website, or accessed through any links on the Website, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of trademark rights, patent rights, copyrights, other intellectual property rights and other proprietary rights so far as is permitted by law.
The Owner does not warrant that this Website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components.
17. Limitations on Liability. Under no circumstances shall the Owner be liable at law or in equity, for any damages, special, direct, indirect, incidental, consequential, exemplary or punitive damages including, without limitation, loss of use or lost profits (even if the Owner has been advised of the possibility of such damages), loss of savings, loss of data or costs of procurement of substitute goods or services or content arising out of, or in any manner connected with the use of the Website or Services, or any information or materials thereon, including without limitation, Content, user content or third party content provided on the Website or through the Services, regardless of whether the damages or alleged damages arise from use or misuse of the website or services, from inability to use the Website or Services, or the interruption, suspension, modification, alteration, or termination of the Website or Services. Such limitation also will apply with respect to damages or alleged damages incurred by reason of other services or goods received through, or advertised on or in connection with, the Website, the Services, or any links on the Website. These limitations shall apply to the fullest extent permitted by law.
The total liability of the Owner to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the site or product(s) purchased (whichever is the greater).
Nothing in these terms shall operate to limit or exclude any person’s liability for death or personal injury caused by their negligence or for fraud or fraudulent misrepresentation.
18. Release. You hereby release the Owner, and any member of its Group, and/or affiliates, successors, assigns, directors, officers, employees, agents, service providers, and suppliers, from all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way related to, any information or materials on the Website, including, without limitation, Content, user content or third party content, the security, reliability, timeliness, accuracy and performance of the Website or Services, other services or goods received through, or advertised on or in connection with the Website, or accessed through any links on the Website.
19. Waiver. Any failure by the Owner to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. No waiver of any provision of these Terms by the Owner shall be valid unless it is in writing and signed by the Owner.
21. Entire Agreement. These Terms (and the terms contained in documents/policies referred to herein) contain the entire agreement between you and the Owner relating to your use of the Website and supersede all prior agreements, representations and understandings between you and the Owner with respect to the Website.
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