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Terms & Conditions

Last updated: June 26, 2019


These terms and conditions (“Terms”) contain the terms governing your use of the website owned by Cobalt Rocket, LLC, including www.animalpackers.com (the “Site”).


If these Terms change, we will post updated Terms on our website at least thirty days before the effective date of the change. You can tell if these Terms have changed by checking the “updated” date that appears above. If you have provided us with your email address and have not opted out of receiving communications from us, we will also notify you of any such substantive change by sending an email at least thirty days before the effective date of the change to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding substantive changes to the Terms. If you do not agree to the new Terms, you should stop using the website. Otherwise, the new Terms will take effect after thirty days. Each time you make a purchase on the Site or via any mobile application we offer, you will be required to agree to the then existing version of these Terms to proceed with your purchase. The Terms operative at the time of any purchase will apply to that purchase.


If you have any questions about these Terms, please contact us as described in the section entitled, “How do I contact you?” below.


NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND Cobalt Rocket, LLC HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW.


The prices offered on this Site and at trade shows may differ because the Site and tradeshows may choose to offer items at different prices or may run different promotional events at different times. For this reason, prices and promotions (e.g., promotion codes or free shipping) offered on this Site may not always apply at tradeshows, and tradeshow prices and promotions (e.g., coupons or additional discounts) may not always apply on this Site, unless otherwise stated.


Ownership

Cobalt Rocket, LLC owns the Site. Cobalt Rocket, LLC owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Site (the “Code”). The Content and Code of the Site are protected by copyright. Except as set forth in these Terms, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of Cobalt Rocket, LLC. You may not use the Content or Code from the Site for any purpose other than those set forth above. Cobalt Rocket, LLC owns or has the right to use all names, logos and trademarks which appear on the Site. You may not use any of these for any purpose without the prior express written permission of Cobalt Rocket, LLC. Your failure to comply within these Terms will constitute a breach of contract and will violate Cobalt Rocket, LLC or a third party’s copyright, trademark, and other proprietary and industrial property rights.


No License

The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal review. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Cobalt Rocket, LLC or any third party.


Use Of Information Submitted By You

If you respond to Cobalt Rocket, LLC with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information will not be deemed confidential. All such submissions will be deemed the property of Cobalt Rocket, LLC, and your submission of information will constitute an assignment to Cobalt Rocket, LLC of all worldwide rights, titles, and interests in such information. Cobalt Rocket, LLC will not be liable for any use or disclosure of such information. Cobalt Rocket, LLC will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Cobalt Rocket, LLC will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information, without any compensation or attribution to you.


Cobalt Rocket, LLC welcomes your comments and suggestions on the Site and on Cobalt Rocket, LLC products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, manufacturing or marketing its products. By submitting information, you warrant that Cobalt Rocket, LLC may publish such information, use it as part of its operations, and incorporate its concepts in Cobalt Rocket, LLC products without liability.


If you choose to share certain content on our website, such as pictures, Cobalt Rocket, LLC will receive information about you and you will be bound by our “User-Generated Content Legal Terms Of Use,” which can be found here. As such, we encourage you to review these provisions whenever you share content on our website.


Users and Accounts

To use certain services, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify Cobalt Rocket, LLC if you discover or suspect that your account has been hacked or its security breached.


You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site will be accessible on any particular equipment or device or with any particular software or service plan.


We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of them and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination.


Privacy

Our privacy policy, which can be found here, describes the data that we gather about or from users of the Site and how we process, use and share that data. Be sure to read it to understand these matters.


Responsible Use of the Site

You may use the Site for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Site: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Site; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Cobalt Rocket, LLC in its sole discretion). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Cobalt Rocket, LLC AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE SITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.


Provision or Suspension/Withdrawal of the Site

You understand and agree that: (a) the Site may change from time to time without notice to you and that any new feature that augments, enhances, or modifies the current Site is subject to these Terms ; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content which are contained in your account.


Mobile Access

If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or any related services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional provisions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any services via a mobile device, you agree to these Terms, and to any applicable terms of a mobile app you may use.


Disclaimers

Cobalt Rocket, LLC publishes information on the Site as a convenience to its visitors. Cobalt Rocket, LLC product information is provided for informational purposes only. While Cobalt Rocket, LLC attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Cobalt Rocket, LLC products described in the Site may not be available in your region. Cobalt Rocket, LLC does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.


Visitors assume all responsibility and risk with respect to their use of the Site. To the fullest extent permitted by applicable law, Cobalt Rocket, LLC disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Cobalt Rocket, LLC does not warrant that the Site is free of computer viruses, bugs or other harmful components. Cobalt Rocket, LLC does not warrant that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. Cobalt Rocket, LLC does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. Cobalt Rocket, LLC does not have any duty to update the Site or modify its Content or Code, and Cobalt Rocket, LLC shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.


IN NO EVENT SHALL Cobalt Rocket, LLC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.


Cobalt Rocket, LLC reserves the right to withdraw access to the Site and revise the services and products described in the Site at any time without notice.


Entire Agreement/Waiver

These Terms constitute the entire agreement between you and Cobalt Rocket, LLC with respect to the use of this Site. The failure of Cobalt Rocket, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.


How do I contact you?

For questions about our privacy policy, to make choices about receiving promotional communications, or to update your personal information you can contact us by postal mail, telephone or email as follows: Animal Packers. Cobalt Rocket, LLC, 300 East New Hope, Rd Suite 103, Cedar Park, TX 78613; (512) 900-8266; info@animalpackers.com.