TERMS AND CONDITIONS
TERMS
AND CONDITIONS FOR USE
Planet Eagle USA, Inc. ("Planet Eagle") and its affiliates provide
their services to you subject to the following conditions. If you visit,
maintain membership or shop at www.PlanetEagle.us, you accept these conditions.
Please read them carefully. In addition, when you use any current or future
Planet Eagle service or visit or purchase from any business affiliated
with Planet Eagle, whether or not included in the www.PlanetEagle.us Web
site, you also will be subject to the guidelines and conditions applicable
to such service or business. If these conditions are inconsistent with
such guidelines and conditions, such guidelines and conditions will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to www.PlanetEagle.us.
ELECTRONIC COMMUNICATIONS
When you visit www.PlanetEagle.us or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Planet Eagle or its content suppliers and
protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Planet Eagle
and protected by U.S. and international copyright laws. All software used
on this site is the property of Planet Eagle or its software suppliers
and protected by United States and international copyright laws.
TRADEMARKS
PLANET EAGLE, PERCEPTACLES and INSANITY RELIEF and other Planet Eagle
graphics, logos, page headers, button icons, scripts, and service names
are trademarks, registered trademarks or trade dress of Planet Eagle USA,
Inc. or its affiliates in the U.S. and/or other countries. Planet Eagle's
trademarks and trade dress may not be used in connection with any product
or service that is not Planet Eagle's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
Planet Eagle. All other trademarks not owned by Planet Eagle or its affiliates
that appear on this site are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by Planet
Eagle or its affiliates.
LICENSE AND SITE ACCESS
Planet Eagle USA, Inc. 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 Planet Eagle. 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, or similar
data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written
consent of Planet Eagle, USA, Inc. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Planet Eagle and our
affiliates without express written consent. You may not use any meta tags
or any other "hidden text" utilizing Planet Eagle's name or
trademarks without the express written consent of Planet Eagle. Any unauthorized
use terminates the permission or license granted by Planet Eagle. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Planet Eagle so long as the link does not portray
Planet Eagle, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use
any Planet Eagle logo or other proprietary graphic or trademark as part
of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. Planet Eagle does sell products for children,
but it sells them to adults, who can purchase with a credit card. If you
are under 18, you may use www.PlanetEagle.us only with involvement of
a parent or guardian. Planet Eagle and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT
Visitors may post reviews, comments, and other content; chat and post
and other communications; and submit suggestions, ideas, comments, questions,
or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam." You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of a card
or other content. Planet Eagle reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Planet Eagle and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Planet Eagle and its affiliates and sublicensees the right to use the
name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not
cause injury to any person or entity; and that you will indemnify Planet
Eagle or its affiliates for all claims resulting from content you supply.
Planet Eagle has the right but not the obligation to monitor and edit
or remove any activity or content. Planet Eagle takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Planet Eagle and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please notify Planet Eagle USA, Inc. by sending
written notification to: Planet Eagle USA, Inc., Legal Department, 535
Madison Avenue, Suite 400, Covington, KY 41011,
RISK OF LOSS
All items purchased from Planet Eagle are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Planet Eagle and its affiliates attempt to be as accurate as possible.
However, Planet Eagle does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Planet Eagle itself is not as described, your
sole remedy is to return it in unused condition.
PRICING
With respect to items sold by Planet Eagle, we cannot confirm the price
of an item until you order; however, we do NOT charge your credit card
until after your order has entered the shipping process. Despite our best
efforts, a small number of the items in our catalog may be mispriced.
If an item's correct price is higher than our stated price, we will, at
our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation. Please note that
this policy applies only to products sold and shipped by Planet Eagle.
Your purchases from third-party sellers using Planet Eagle payment systems
are charged at the time you place your order, and third-party sellers
may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Planet Eagle and its subsidiaries may operate stores,
provide services, or sell product lines on this site. In addition, we
provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content
of their Web sites. Planet Eagle does not assume any responsibility or
liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and
other conditions of use.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PLANET EAGLE USA, INC. ON AN "AS IS"
AND "AS AVAILABLE" BASIS. PLANET EAGLE MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANET EAGLE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. PLANET EAGLE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM PLANET EAGLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLANET EAGLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting www.PlanetEagle.us, you agree that the laws of the state of
Ohio, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between
you and Planet Eagle or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to www.PlanetEagle.us or
to products you purchase through www.PlanetEagle.us shall be submitted
to confidential arbitration in Cincinnati, Ohio, except that, to the extent
you have in any manner violated or threatened to violate Planet Eagle's
intellectual property rights, Planet Eagle may seek injunctive or other
appropriate relief in any state or federal court in the state of Ohio,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY
Please review our other policies, such as our Privacy Notice, posted on
this site. These policies also govern your visit to www.PlanetEagle.us.
We reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS
Planet Eagle USA, Inc. 535 Madison Avenue Suite 400 Covington, KY 41011
http://www.PlanetEagle.us
