PetSafe GPS Locator - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	PetSafe GPS Locator Affiliate Agreement THIS AGREEMENT (the "Agreement") is made by and between Radio Systems, a Tennessee Corporation (“RSC"), and you (the "Affiliate," and collectively, the "Parties"). Affiliate's Acceptance of the Agreement. The Affiliate signifies its irrevocable acceptance of the Agreement upon the earlier of: (i) clicking on the "Submit" button during the Sign Up process; (ii) by participating in the Affiliate program; (iii) by linking or otherwise directing traffic to the RSC website; or (iv) logging on to the Affiliate account. If the Affiliate does not agree to be bound by the Agreement, then the Affiliate should not take any of the foregoing actions described in (i) through (iv)-the Affiliate should not participate in the Affiliate Program. The Affiliate is not authorized to participate in the Affiliate Program or use any materials/actions described above without agreeing to be bound by the Agreement. WHEREAS Affiliate wishes to include certain materials promoting RSC, and to include a link to RSC's website within those materials on Affiliate's website; NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows: 1. Promotional Materials. RSC shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to RSC's website, as specified by RSC. 2. Use of Promotional Materials. The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications: a. Affiliate may not use any graphic, textual or other materials to promote RSC's website, products or services other than the Promotional Materials, unless RSC agrees to such other materials in writing prior to their display. b. Affiliate may only use the Promotional Materials for the purpose of promoting RSC's website (and the products and services available thereon), and for linking to RSC's website. c. The Promotional Materials will be used to link only to RSC's website, to the specific page and address as specified by RSC. d. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by RSC. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from RSC for such alteration of modification. 3. License. RSC hereby grants to Affiliate a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement. 4. Intellectual Property. RSC retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3. 5. Relationship of Parties. This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between RSC and Affiliate. Affiliate shall provide services for RSC as an independent contractor. Affiliate shall have no authority to bind RSC into any agreement, nor shall Affiliate be considered to be an agent of RSC in any respect. 6. Commissions. a. In exchange for Affiliate's display of the Promotional Materials, and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, RSC shall pay to Affiliate a commission (the "Commission") based on the agreement between the parties. Affiliate understands that the agreed amount of the Commission is that displayed on the RSC’s website, www.petsafegpslocator.com. b. Parties agree that the first payment of the Commission is paid to the Affiliate by RSC is initiated on monthly after Affiliate signs up, unless agreed on other terms and Affiliate obtains prior written consent for such change from RSC. c. Definition of Sale. RSC defines “Sale” when a customer successfully purchases the GPS Locator product with a verified U.S. Credit Card and RSC makes the first successful charge on the same credit card. “Sale” does not include the purchase of any Service plan or any future sales. d. RSC shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by RSC within 14 days of discovering such discrepancy. e. RSC shall pay all Commissions accrued and payable to Affiliate monthly via check payments on the "Commission Payment Date". If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $75.00, then such accrued and payable balance shall be held over to the following month, and paid together with the Commissions due for that month should the total amount be $75.00 or greater. f. RSC is not responsible for lost commissions resulted by deleted cookies by customers unless the sale is undoubtedly proven and agreed on by both parties and not disputed by other affiliate(s). g. Payment periods are defined and calculated from Sunday to Saturday by U.S. Eastern time. h. Chargebacks. RSC may apply a debit to the Affiliate's Account in an amount equal to a Commission previously credited to the Affiliate's Account in circumstances of: (i) product returns; (ii) duplicate entry or other clear error; (iii) non-bona fide Transactions; (iv) non-receipt of payment from, or refund of payment to, the Customer by the RSC; or (v) Affiliate's failure to comply with RSC’s Terms of Service or other agreement with RSC ("Chargeback"). Chargebacks may be applied to Affiliate's Account at any time, including previous payment cycles. i. Chargeback Period. The number of days by which applied debits are calculated as a result of chargebacks (and cancellations) are governed by the Affiliate’s account standing with RSC. The Chargeback Period is determined by the RSC and displayed on the Affiliate's online account. j. Fees. Affiliate may be charged a Service Fee for aforementioned debits (“Chargebacks” section of this agreement). The amount of the Service Fee is posted on the Affiliate’s online account k. In the event that Affiliate materially breaches this Agreement and RSC terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and RSC shall not be obligated to pay such Commissions to Affiliate. 7. Affiliate's Representations and Warranties. Affiliate represents and warrants the following: a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement. b. Affiliate's website does not contain any materials that are: i. Sexually explicit, obscene, or pornographic; ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); iii. Graphically violent, including any violent video game images; or iv. Solicitous of any unlawful behavior c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future. d. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above. e. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein. f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate's website that reference RSC or RSC's website unless RSC gives prior written consent to the distribution of such materials. Affiliate will not use RSC's name (or any name that is confusingly similar to RSC's name) for any purpose on its website, in its promotional materials, or in any other context except to promote RSC's website as specified in this Agreement. Affiliate will not register any domain name that incorporates RSC's name, or that is confusingly similar to RSC's name. g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing RSC or RSC's website. 8. Indemnification. Affiliate shall indemnify RSC and hold harmless RSC from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless RSC for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials. 9. Confidentiality. Any information that Affiliate is exposed to by virtue of its relationship with RSC under this Agreement, which information is not available to the general public, shall be considered to be "Confidential RSC Information." Affiliate may not disclose any Confidential RSC Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from RSC. 10. Term. a. This Agreement shall take effect upon acceptance of the agreement, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 10. b. Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least 30 days prior to the intended date of termination. 11. CAN-SPAM Act. Affiliate using online or other electronic methods of sales channels must comply with the 2003 CAN-SPAM Act. Affiliate agrees that RSC may terminate the Affiliate from the Affiliate Program if the rules of the aforementioned Act are not followed. 12. Taxes. RSC shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with RSC as set forth in this Agreement. RSC shall not withhold any taxes from the Commissions paid to Affiliate. RSC requires Affiliate to provide Internal Revenue Service Form W-9 before making the first commission payment. By submitting a W-9, Affiliate certifies that the tax id number provided is correct and accurate and that Affiliate is not subject to backup withholding. 13. Limitation of Liability. RSC shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether RSC was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement. 14. No Representations or Warranties; Limitations on Liability; Release. (a) The information and materials on the Website, including, but not limited to, RSC Content, User Content and Third Party Content, could include technical inaccuracies, typographical errors, and false, inaccurate or misleading information. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND WEBSITE SERVICE IS ENTIRELY AT YOUR OWN RISK. RSC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE OPERATION OF THIS WEBSITE, ANY INFORMATION OR MATERIALS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, RSC 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. TO THE FULLEST EXTENT PERMITTED BY LAW, RSC EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RSC EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND WEBSITE SERVICE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RSC 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 WTHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. RSC DISCLAIMS THAT THIS WEBSITE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPUTER CODE. Some jurisdictions do not allow the disclaimer of implied warranties. In some jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they related to implied warranties. (b) UNDER NO CIRCUMSTANCES SHALL RSC BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIONAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS (EVEN IF RSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), LOSS SAVINGS, LOSS 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 WEBSITE SERVICE, OR ANY INFORMATION OR MATERIALS THEREON, INCLUDING WITHOUT LIMITATION, RSC CONTENT, USER CONTENT OR THIRD PARTY CONTENT PROVIDED ON THE WEBSITE OR THROUGH THE WEBSITE SERVICE, REGARDLESS OF WHETHER THE DAMAGES OR ALLEGED DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR WEBSITE SERVICE, FROM INABILITY TO USE THE WEBSITE OR WEBSITE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR WEBSITE SERVICE. 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 WEBSITE SERVICE, OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In some jurisdictions, some of the foregoing limitations may not apply to you. (c) You hereby release RSC, and its subsidiaries, divisions, affiliates, successors, assigns, directors, officers, employees, agents, service providers, and suppliers, from all claims, demand 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, RSC Content, User Content or Third Party Content, the security, reliability, timeliness, accuracy and performance of the Website or Website Service, other services or goods received through, or advertised on or in connection with, the Website, or accessed through any links on the Website. 15. Indemnity. You agree to indemnify and hold RSC, and its subsidiaries, divisions, affiliates, successors, assigns, directors, officers, employees, agents, service providers, and suppliers, harmless from any and all claims or demands, including all attorney fees and court costs, made by a third party due to, arising out of or relating to, the User Content you submit, post or make available on the Website or through the Website Service, your use of the Website or Website Service, your violation of the terms of use, or any other terms or conditions of this Agreement, your violation of any of the representations and warranties herein, your violation of any rights of a third party, or your violation of the law. 16. Notices. All notices provided by you to RSC will be sent to by e-mail to the following e-mail address: affiliate@petsafe.net. Any change in the above-referenced e-mail address will be posted on the Website. All notices provided by RSC to you will be sent to the e-mail address you provide to RSC during the registration process. If you change your e-mail address, you must notify RSC of your new e-mail address. All notices will be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid and is provided with an alternate e-mail address. RSC also has the option of providing you with notices by mail to the mailing address you provide during the registration process. Notices RSC provides by mail will be deemed given three (3) days after the date of mailing. 17. No Agency. Nothing in this Agreement will be construed to create any employment, agency, joint venture, partnership, franchise or fiduciary relationship between you and RSC. You are not authorized to make any warranty, contract or representation on behalf of RSC. 18. Jurisdiction. This Agreement and the relationship between you and RSC will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. In the event that a dispute arises between you and RSC relating to this Agreement, any legal proceeding(s) initiated will be filed and determined exclusively in the appropriate state or federal court in Knoxville, Tennessee. You and RSC agree to, and hereby do, submit to the personal and exclusive jurisdiction of the courts located within Knoxville, Tennessee. You agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. YOU FURTHER KNOWINGLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action relating to use of the Website or Website Service or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred. 29. Severability. If any provision of this Agreement is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and removed from this Agreement, and the remaining provisions will remain in full force and effect. Further, the illegal or unenforceable provision severed from this Agreement will be replaced with a legal provision that is as close as possible in meaning to the provision that was severed from the Agreement. 20. Assignment. RSC may, in its sole discretion, assign this Agreement and its rights and obligations hereunder to a third party. 21. No Waiver. The failure of RSC to exercise or enforce, or to delay in exercising or enforcing, any right or provision of this Agreement does not constitute a waiver of such right or provision or RSC’s right to take action with respect thereto. 22. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. 23. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: RSC GPS LOCATOR AFFILIATE PROGRAM Location SBU 10427 Electric Avenue KNOXVILLE, TN 37932 24. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. 25. Entire Agreement. This Agreement constitutes the entire agreement between RSC and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. IF AFFILIATE IS AN INDIVIDUAL, AFFILIATE REPRESENTS AND WARRANTS THAT AFFILIATE WAS AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT. 1. Acceptance of Terms By using any RSC brand (PetSafe, SportDog, Innotek, Invisible Fence websites (“the Website”) and/or the Website service (“the Website Service”) provided by Radio Systems Corporation (“RSC”), you are agreeing to comply with the terms of use, and all other terms and conditions, set forth in this Agreement. Your use of this Website will be subject to the most current version of this User Agreement posted on this Website at the time of such use. 2. Registration and Permissible Uses (a) In order to seek registration, you must provide all information requested by RSC during the application and registration process. RSC reserves the right, in its sole discretion, to refuse registration to you and others. (b) The right to use the Website Service is personal to each registered user of the Website Service, and is not transferable to any other person or entity. (c) Use of the Website Service is limited to use by end users located in the United States of America (d) The sole purposes for which the Website Service may be used are: (i) holding discussions and posting user-generated content. (ii) Registered members of a forum, who are identified by unique usernames, may have additional privileges, such as the ability to edit their previous posts, start new topics, and control their individual settings and profiles. Any other use is expressly and strictly prohibited. (e) You are responsible for maintaining the confidentiality of your account ID and/or password. You are responsible for all uses of your account, whether or not you actually or expressly authorize them. 3. Changes and Modifications to this Agreement Radio Systems Corporation (“RSC”) reserves the right, at its sole discretion, to change or modify the terms of use, Privacy Policy, and other terms and conditions, set forth in this Agreement at any time. Such changes and modifications will be posted at this location. Such changes and modifications will become effective immediately upon posting. You must review this Agreement on a regular basis to keep yourself informed of any changes or modifications. You may contact RSC with any questions you have relating to this Agreement by sending a letter to Forums Administrator, Radio Systems Corporation, 10427 Electric Avenue, Knoxville, TN 37932 or by clicking here to send an email. This Agreement, in its original form or as changed or modified by RSC, sets forth the entire understanding between you and RSC with respect to the subject matter hereof, and supersedes any and all prior representations, agreements and understandings between you and RSC. 4. Intellectual Property Rights (a) All content and materials, including, without limitation, images, graphics, source code, software, systems and databases, on the Website originating with RSC (“RSC Content”) is protected, to the maximum extent permitted, under U. S. and international copyright laws and international treaties and conventions. The following acts are strictly prohibited: use, copying, duplicating, downloading, reproduction, modification, performance, display, publication, selling, reselling, distribution, or otherwise exploiting for any commercial purpose, of RSC Content, in whole or in part; and, creation, use, copying, performance, display, publication or distribution of derivative works of RSC Content or compilations or collective works incorporating, or based upon, RSC Content. You agree to abide by any and all copyright notices displayed on the Website. You further agree not to decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in or associated with the Website. You may not use any meta tags or any other “hidden text” utilizing any RSC names or marks without express written consent from RSC. (b) All trademarks and service marks, including without limitation, “Radio Systems” and “PetSafe” , “SportDog”, “Innotek”, “Invisible Fence” (including logos and designs) located on the Website originating with RSC are the trademarks and service marks of RSC, and are protected under U. S. and/or international trademark laws. Such marks, and any marks confusingly similar thereto, may not be used under any circumstances by you or others. 5. Content License You shall not, and agree not to, post on the Website any content or materials (“User Content”) protected by copyright, patent rights, trademark rights, other intellectual property rights, or other proprietary rights without the express written permission of the owner of such rights, and the burden of determining that any such User Content is not protected by copyright, patent rights, trademark rights, other intellectual property rights, or other proprietary rights rests solely with you. When you post content and materials (“User Content”) to any area of the Website, you automatically grant, and represent and warrant that you have the right to grant, to RSC, a non-exclusive, irrevocable, perpetual, royalty free, worldwide license to use, copy, perform, display, publish, and distribute User Content, in whole or in part, and to create, use, copy, perform, display, publish, and distribute derivate works of User Content and compilations and collective works incorporating, or based upon, User Content in any media known now or in the future. Any comments or materials sent to RSC including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. RSC shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, RSC shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. 6. No Fees RSC does not charge any fees for use of the Website Service. 7. Privacy RSC has established a Privacy Policy to explain to users how their information is collected and used, which is located on the Website. Your use of the Website and Website Service signifies your acknowledgment of, and agreement to, RSC’s Privacy Policy. You also acknowledge and agree that RSC may disclose to third parties your user information to the extent that is necessary to aid in the completion of any transactions initiated through, facilitated by, or involving, use of the Website Service. You further acknowledge and agree that RSC may, in its sole discretion, preserve or disclose your User Content and user information, if required to do so by law or in the good faith believe that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the terms of use or other terms or conditions of this Agreement; respond to claims that any content violates the rights of a third party; respond to claims that contact information of a third party has been posted or transmitted without their consent or as a form of harassment; or protect the rights, property or personal safety of RSC, Website users or the general public. 8. Third Party Content RSC may provide links to third party websites independent of RSC, and over which RSC has no control, as a convenience to users of the Website. RSC does not control third party websites, and is not responsible for the contents of any linked-to, third party websites or any content in any third party websites or linked-to websites (Third Party Content). RSC’s User Agreement and Privacy Policy will not govern Third Party Content, so you must familiarize yourself with these other User Agreements and Privacy Policies. RSC provides these links merely as a convenience and the inclusion of such links does not imply that RSC endorses, recommends, or accepts responsibility for the content or use of these internet sites. 9. Responsibility for User Content and Third Party Content All postings, text, files, images, photographs, video, sounds, messages and other materials, including User Content and Third Party Content posted on, transmitted through, linked to, hyperlinked to, or otherwise made available via, the Website are the sole responsibility of the person from whom such User Content or Third Party Content originated. You are entirely responsible for each item of User Content that you post, e-mail or otherwise make available through the Website Service. RSC does not control, and is not in any way responsible for, the User Content or Third Party Content made available on the Website or through the Website Service. You understand that by using the Website and Website Service, you may be exposed to RSC Content, User Content and Third Party Content that is inaccurate, incorrect, misleading or otherwise objectionable. RSC does not endorse, approve or recommend any User Content or Third Party Content. RSC makes no representations or warranties, and disclaims all warranties, to the extent allowed by applicable law, as to the accuracy, truthfulness, correctness, completeness, or authenticity of any RSC content, User Content or Third Party Content. Linking to any other websites is at your own risk. You acknowledge and agree that you must evaluate, and bear all risks associated with, using the RSC Content, User Content and Third Party Content, that you may not rely on said RSC Content, User Content and Third Party Content, and that under no circumstances will RSC be liable in any way for any RSC Content, User Content or Third Party Content or for any damage or loss of any kind or nature incurred as a result of the use of any RSC Content, User Content or Third Party Content posted on, transmitted through, or linked to, or otherwise made available through, the Website or Website Service. You understand and acknowledge that RSC does not pre-screen or approve User Content or Third Party Content. You understand and acknowledge that RSC, in its sole discretion, will have the right, but not any obligation to refuse, delete or remove any RSC Content, User Content and Third Party Content that is available on the Website or through the Website Service if RSC determines that such RSC Content, User Content or Third Party Content violates the terms of use, or other terms or conditions, of this Agreement, is contrary to, or inconsistent with, the purposes for which the Website and Website Service are provided, violates the trademark rights, patent rights, copyrights, other intellectual property rights, other proprietary rights, or any other rights of other users or third parties, is offensive or otherwise objectionable in nature, violates RSC’s Privacy Policy, violates or potentially violates state or federal laws, or for any other reason whatsoever. 10. Transactions If there is a dispute between participants on the Website, or between any user and any third party, you understand and agree that RSC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release RSC, and its subsidiaries, divisions, affiliates, successors, assigns, directors, officers, employees, agents, service providers, and suppliers, from all claims, demand 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 such disputes or the Website or Website Service. 11. Reporting Infringements and Other Violations (a) If you believe that any of your material has been copied in a manner that constitutes copyright infringement, or if you believe that your trademark(s) or other intellectual property rights have been infringed, please notify RSC by e-mail to Forums Administrator or by regular mail to: Radio Systems Corporation Attention: Forums Administrator 10427 Electric Avenue Knoxville, TN 37932 In order to take any action with respect to your claim of intellectual property infringement, you must provide RSC with the following: (i) your name, address, telephone number and, if available, an e-mail address at which you may be contacted; (ii) identification of the copyrighted work, trademark, or subject matter of any other intellectual property right claimed to have been infringed; (iii) Identification, with specificity, of the material that you claim is infringing and the removal of which you are requesting with sufficient specificity to permit RSC to locate such material; (iv) a statement, under penalty of perjury, that you are the intellectual property owner or are legally authorized to act on behalf of the intellectual property owner; (v) a statement under penalty of perjury that you have a good faith belief that the use of the material in question is not authorized by the intellectual property owner, its agent or the law; (vi) a statement that all information submitted to RSC is accurate; and (vii) your physical or electronic signature. Subject to the provisions of the Digital Millennium Copyright Act and any other applicable laws, rules and regulations, RSC will remove the infringing material from the Website. (b) Please report any other violations of the terms of use or other terms or conditions of this Agreement to RSC at the above e-mail address or U. S. mail address. RSC’s failure to act with respect to any such other violations by you or by a third party does not waive its right to act with respect to subsequent or similar violations. 12. Access to Services (a) RSC grants you a limited, revocable, nonexclusive license to access and use the Website Service for the permissible uses set forth above. (b) The license granted to you does include the right to engage in the following conduct, which conduct is specifically prohibited: (i) violating of local state or federal laws; (ii) using the Website Service if you are not able to perform legally binding contracts, are not eighteen (18) years of age or older, or are temporarily or indefinitely suspended from use of the Website Service; (iii) interfering with any other user’s postings; (vi) posting User Content that is false, inaccurate, misleading, offensive, or otherwise objectionable; (vii) posting User Content that is contrary to, or inconsistent with, the Permissible Uses of the Website Service or the purposes for which the Website and Website Service are provided; (viii) violating RSC’s Privacy Policy; (ix) violating the rights of other users or third parties; (x) violating intellectual property rights, including, but not limited to trademark rights, patent rights, and copyrights, of RSC, other users or third parties; (xi) violating the terms of use, or any other terms or conditions, of this Agreement; (xii) distributing or posting User Content that constitutes or contains, spam, junk mail, commercial advertisements, affiliate marketing, or link referral code; (xiv) distributing viruses, any other computer code, files or programs, or any other technologies designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that that may harm RSC, the users of the Website or Website Service or other third parties; (xv) using data mining, robots, spiders, crawlers, or similar data gathering and extraction tools; (xvi) harvesting or otherwise collecting information about other users or third parties, including e-mail addresses, without their consent; (xvii) posting personal or private information about other users or third parties, including e-mail addresses, without their consent; (xviii) contacting any other users or third parties who have asked not to be contacted; (xiv) threatening physical violence or the destruction of property, or making any offensive comments; (xv) taking any action that might impose an unreasonable or disproportionately large load on the Website’s technical infrastructure; (c) Using the Website or Website Service beyond the scope authorized immediately terminates your license to access and use the Website Service. 13. Limitations on Services You acknowledge that RSC may establish limits concerning use of the Website and Website Service, including the maximum number of days that User Content will be retained by the Website Service, the maximum number and size of postings and other User Content, and the frequency with which, and times at which, you may access the Website Service. You acknowledge and agree that RSC has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted through the Website or Website Service. You acknowledge and agree that RSC reserves the right at any time to modify or discontinue the Website and Website Service in whole or in part with or without notice, and that RSC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Website Service. 14. Termination of Services You acknowledge and agree that RSC has the right, in its sole discretion, to delete or deactivate your registration, block your e-mail or IP address, remove from the Website any of your User Content, or otherwise terminate your access to, or use of, the Website and Website Service, immediately and without notice for any reason whatsoever. You acknowledge and agree that RSC will not be liable to your or any third party for any termination of your access to the Website or Website Service. You agree not to attempt to use the Website Service after said termination. 15. No Representations or Warranties; Limitations on Liability; Release (a) The information and materials on the Website, including, but not limited to, RSC Content, User Content and Third Party Content, could include technical inaccuracies, typographical errors, and false, inaccurate or misleading information. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND WEBSITE SERVICE IS ENTIRELY AT YOUR OWN RISK. RSC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE OPERATION OF THIS WEBSITE, ANY INFORMATION OR MATERIALS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, RSC 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. TO THE FULLEST EXTENT PERMITTED BY LAW, RSC EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RSC EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE AND WEBSITE SERVICE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RSC 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 MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TRADEMARK RIGHTS, PATENT RIGHTS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS. RSC DISCLAIMS THAT THIS WEBSITE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPUTER CODE. Some jurisdictions do not allow the disclaimer of implied warranties. In some jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they related to implied warranties. (b) UNDER NO CIRCUMSTANCES SHALL RSC BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS (EVEN IF RSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), LOSS SAVINGS, LOSS 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 WEBSITE SERVICE, OR ANY INFORMATION OR MATERIALS THEREON, INCLUDING WITHOUT LIMITATION, RSC CONTENT, USER CONTENT OR THIRD PARTY CONTENT PROVIDED ON THE WEBSITE OR THROUGH THE WEBSITE SERVICE, REGARDLESS OF WHETHER THE DAMAGES OR ALLEGED DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR WEBSITE SERVICE, FROM INABILITY TO USE THE WEBSITE OR WEBSITE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR WEBSITE SERVICE. 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 WEBSITE SERVICE, OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In some jurisdictions, some of the foregoing limitations may not apply to you. (c) You hereby release RSC, and its subsidiaries, divisions, affiliates, successors, assigns, directors, officers, employees, agents, service providers, and suppliers, from all claims, demand 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, RSC Content, User Content or Third Party Content, the security, reliability, timeliness, accuracy and performance of the Website or Website Service, other services or goods received through, or advertised on or in connection with, the Website, or accessed through any links on the Website. 16. Indemnity You agree to indemnify and hold RSC, and its subsidiaries, divisions, affiliates, successors, assigns, directors, officers, employees, agents, service providers, and suppliers, harmless from any and all claims or demands, including all attorney fees and court costs, made by a third party due to, arising out of or relating to, the User Content you submit, post or make available on the Website or through the Website Service, your use of the Website or Website Service, your violation of the terms of use, or any other terms or conditions of this Agreement, your violation of any of the representations and warranties herein, your violation of any rights of a third party, or your violation of the law. 17. No Agency Nothing in this Agreement will be construed to create any employment, agency, joint venture, partnership, franchise or fiduciary relationship between you and RSC. You are not authorized to make any warranty, contract or representation on behalf of RSC. 18. Jurisdiction This Agreement and the relationship between you and RSC will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. In the event that a dispute arises between you and RSC relating to this Agreement, any legal proceeding(s) initiated will be filed and determined exclusively in the appropriate state or federal court in Knoxville, Tennessee. You and RSC agree to, and hereby do, submit to the personal and exclusive jurisdiction of the courts located within Knoxville, Tennessee. You agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. YOU FURTHER KNOWINGLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action relating to use of the Website or Website Service or relating to this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred. 19. Severability If any provision of this Agreement is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and removed from this Agreement, and the remaining provisions will remain in full force and effect. Further, the illegal or unenforceable provision severed from this Agreement will be replaced with a legal provision that is as close as possible in meaning to the provision that was severed from the Agreement. 20. Assignment RSC may, in its sole discretion, assign this Agreement and its rights and obligations hereunder to a third party. 22. No Waiver The failure of RSC to exercise or enforce, or to delay in exercising or enforcing, any right or provision of this Agreement does not constitute a waiver of such right or provision or RSC’s right to take action with respect thereto. 23. Headings The section headings in this Agreement are for convenience only, and will not be used in the interpretation of this Agreement or to limit the scope or extent of any section. 24. Sections Surviving Termination Sections 3-5, 7-10, 13-16, 18-20, and 22-23 survive termination of the Agreement.
	I have read, understand and agree to the above terms and conditions.

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