The Website (“Site”) is owned and operated by Rolf C. Hagen Inc. (“Hagen”), owner of many brands, including but not limited to the following brands: AquaClear, Catit, Dogit, Elite, Exo-terra, Fluval, Glo, Habitrail, Laguna, Le Salon, Living World, Marina, Nutrafin, Nutrience, Prime, Tropican, Tropimix, Vision, Zoe and all affiliated sub-brands and Websites.
Your use of our Site constitutes your agreement to comply with the following conditions of use. Hagen may change the rules that govern your use of our Site from time to time, and your use of our Site after such changes constitutes your agreement to follow the rules as changed. In addition to changes in the rules, Hagen may change, edit, delete or revise portions of our Site at any time without notice.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content contained on the Site is owned, controlled, or licensed by or to Hagen and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Hagen reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Hagen server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hagen, including any Hagen account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hagen’s systems or networks, or any systems or networks connected to the Site or to Hagen.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hagen on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
OTHER TERMS AND CONDITIONS
Hagen’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Hagen may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Hagen makes no commitment to update the materials on the Site with respect to such products and services.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up a Hagen ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Hagen immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Hagen or any other user of or visitor to the Site due to someone else using your Hagen ID, password or account.
You may not use anyone else’s Hagen ID, password or account at any time without the express permission and consent of the holder of that Hagen ID, password or account. Hagen cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Hagen undertakes no obligation to update, amend or clarify information on our Site. No specified update or refresh date applied in our Site should be taken to indicate that all information on our entire Site has been modified or updated. Please remember when reviewing information on our Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on our Site to become inaccurate or incomplete.
News releases contained on our Site are dated to indicate the last time such information was modified by Hagen. No other specified date or refresh date applied in our Site should be taken to indicate that information contained in archived press releases was updated past its initial publication date. Hagen undertakes no obligation to update, amend or clarify previously published press releases. It is the user’s responsibility to insure that information obtained from our Site has not been rendered inaccurate or incomplete by subsequent events.
Products of Hagen and its brands are sold in Canada, the United States and in more than 100 countries worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this site is subject to the supply of each particular retailer, distributor or licensee. All descriptions of products are subject to change at any time without notice at the sole discretion of Hagen. Hagen provides access to Hagen international data and, therefore, may contain references or cross references to Hagen products, programs and services that are not announced in your country. Such reference does not imply that Hagen in your country intends to announce such products, programs or services.
Not all of the products shown on the Site are available in all markets. Hagen is not responsible for the consequences of importing, even for personal use, any product into a particular country. Actual product and/or packaging may differ slightly from what is shown on the Site. Hagen reserves all rights that are not expressly granted herein.
In the event a Hagen product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Hagen shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Hagen shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hagen shall issue a credit to your credit card account in the amount of the incorrect price.
TRADEMARKS AND COPYRIGHTS
Unless otherwise indicated, all product and service marks and logos displayed on our Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under Canadian and other copyright laws, and is the property of Hagen. The collective work includes works that are licensed to Hagen. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Hagen.
USER COMMENTS AND OTHER SUBMISSIONS
Please note that all comments, feedback, ideas, suggestions or other information submitted or offered to Hagen on or via our Site or otherwise (collectively “Submissions”) shall be and remain Hagen’s property. Any such disclosure or offer of any Submissions shall constitute an assignment to Hagen of all worldwide rights, titles and interest in all intellectual properties in the Submissions. Thus, Hagen will own exclusively all such rights, titles and interests in any Submissions, and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Hagen is and shall be under no obligation to maintain any Submissions in confidence, to pay any compensation for any Submissions, or to respond to any Submissions.
DISCLAIMER AND INDEMNITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, OUR SITE, ALL CONTENTS OF OUR SITE AND ALL SERVICES OFFERED IN CONNECTION WITH OUR SITE ARE PROVIDED ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAGEN DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HAGEN DOES NOT WARRANT THAT YOUR USE OF OUR SITE, OR THE OPERATION OR FUNCTION OF OUR SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH HAGEN ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON OUR SITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE: (1) THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE; AND (3) THAT HAGEN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF HAGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD HAGEN HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF OUR SITE.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Hagen be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Hagen has been advised of the possibility of such damages.
You agree to indemnify and hold Hagen, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Hagen by any third party due to or arising out of or in connection with your use of the Site.
Hagen may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hagen’s rights or property, or the rights or property of visitors to or users of the Site, including Hagen’s customers. Hagen reserves the right at all times to disclose any information that Hagen deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hagen also may disclose your information when Hagen determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Hagen may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
This Agreement is effective unless and until terminated by either you or Hagen. You may terminate this Agreement at any time. Hagen may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to our Site if in Hagen’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Hagen, you must promptly destroy all materials downloaded or otherwise obtained from our Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Quebec, Canada without regard to its conflicts of laws’ provisions and all litigation must occur within Quebec.
THIS NOTICE MAY BE AMENDED FROM TIME TO TIME. CONTINUED ACCESS TO THE SITE IS SUBJECT TO THE TERMS THAT APPLY AT THE TIME OF ACCESS. IT IS THEREFORE YOUR RESPONSIBILITY TO INFORM YOURSELF OF THE CURRENT TERMS OF THIS NOTICE.