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.