Terms and Privacy
Last Updated: June 5, 2017
1. Definitions, Interpretation and Preliminary Matters
1.1. Preliminary Matters:
1.1.1. This Agreement (“Agreement”) is a legally binding contract that governs all interactions between you and Rogue Lemmings, Inc. DBA Catalyst (“Catalyst,” “we” or “us”), including placement of orders, shipping and use of our website. You may not use the website unless and until you understand and have agreed to this Agreement.
1.1.2. You can confirm your understanding of this Agreement and agree to this Agreement by clicking on a link on our website stating that you understand and agree to this Agreement, or by checking a box on our website stating that you understand and agree to this Agreement, or by continuing to view or use our website, or by placing an order on our website.
1.1.3. You should print this Agreement or save a copy of it for your reference.
1.2. Definition of Terms in this Agreement:
1.2.1. “Affiliate” of Catalyst means any subsidiary (including partial subsidiaries or indirect subsidiaries via multiple levels of ownership) of Catalyst, any holding company (including companies holding only part of Catalyst or indirect holding companies via multiple levels of ownership) of Catalyst, and any subsidiary (including partial subsidiaries or indirect subsidiaries via multiple levels of ownership) of a holding company (including companies holding only party of Catalyst or indirect holding companies via multiple levels of ownership) of Catalyst and any entity under 50% or greater common control with Catalyst.
1.2.3. “Cookie” means any cookie, data, software, website feature or programming used to track personal information, web browsing activities or to assist in serving advertising or customizing content or optimizing a website user’s experience.
1.2.4. “Catalyst” means Rogue Lemmings, Inc, a Delaware Corporation with its registered address at 187 E. Warm Springs Road, Suite B353, Las Vegas, NV 89119.
1.2.5. “Online Retailer” means a third party which provides e-commerce services including payment processing, shopping carts, order fulfillment and web hosting to Catalyst.
1.2.6. “Shipper” means any third party common carrier package delivery service Catalyst uses to ship orders, including the postal services of various countries.
1.2.7. “Submission” means any photograph, video, image, sound recording, or other media which is or could be the subject of intellectual property rights which is uploaded by you to Catalyst’s website, including in the context of entering a contest, promotion or giveaway offered by Catalyst.
1.2.8. Other terms may be defined in the body of the Agreement.
1.3. Interpretation of the Agreement:
1.3.1. As used in this Agreement, accounting terms not herein defined, and accounting terms partly defined but to the extent not defined, shall have the respective meanings given to them under Generally Accepted Accounting Principles.
1.3.2. The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and section, subsection, schedule and exhibit references are to this Agreement unless otherwise specified.
1.3.3. Words of the masculine gender shall be deemed to include the feminine or neuter genders, and vice versa, where applicable.
1.3.4. Words of the singular number shall be deemed to include the plural number, and vice versa, where applicable, unless such interpretation would cause this Agreement to be interpreted in a manner contrary to the obvious intent.
1.3.5. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be understood to be followed by the words “without limitation.”
2.1. Retention of Personal Information: To manage our relationship with you, we retains some of your personal information. Except as disclosed herein, we will not use, give, sell, license or allow third parties to access your personal information without your consent.
2.2. Order Information: Catalyst requires certain personal information from you in order to process any order you place on our website. This information includes your name, e-mail address, shipping address, credit card number, expiration date and verification code and credit card billing address. Orders cannot be processed without this information. We also use this information to contact you to communicate about the status of your order (including confirmations and shipping notices) or about your satisfaction with the order process and the products you ordered.
2.3. Online Retailers: Catalyst may use Online Retailers to process purchases you make via our website. These Online Retailers have access to and may store your billing information for their records and to bill you for your purchases. Although we makes commercially reasonable attempts to use trustworthy Online Retailers, we makes no warranty about the security of your billing information and disclaims any and all liability related to the failure of an Online Retailer to secure your billing information or to process your order correctly or to provide you with an error-free experience on its website.
2.4. Shippers: Catalyst and its Online Retailers may use Shippers to ship orders to you. These Shippers have access to your shipping address and may store your shipping address information for their records. Although we makes commercially reasonable attempts to use trustworthy Shippers, we makes no warranty about the security of your shipping address information and disclaims any and all liability related to the failure of a Shipper (whether that Shipper is providing services to us or to an Online Retailer) to secure your shipping address information or to process your order correctly or to correctly guide you through the shipping experience. You can learn more about shipping of your order on our shipping page.
2.5. E-mail: Catalyst uses e-mail as its primary means of communication with you. You must provide a valid e-mail address with any order and we will keep your e-mail address on file and associate it with any products you have purchased from us or registered with us. In addition:2.5.1. From time to time, we may e-mail you important information related to your account which is not in the nature of marketing. You may not opt out of these e-mails.
2.5.2. From time to time, we may e-email you marketing or promotional information related to our products or services or the products or services of other companies with whom we conduct business. You may opt into or out of these e-mails at any time.
2.6. Records: For legal and business purposes, Catalyst maintains records of your transactions with us and your interactions with our website. We may use this information to optimize our business practices or send you marketing e-mails as mentioned in section 2.5.2. We may make such information available to third parties with whom we have contracted to provide business consulting services. If we provide such records to third parties for this purpose we will do so in a manner that does not connect your name or other identifiable personal information with your interactions with our website. We will not provide such records to third parties for those third parties’ own marketing purposes.
2.7. Registration: Some features of Catalyst’s website require you to register a user name and password with the site. Some of this information is required and some is optional, but the more information you provide the better user experience and customer support we can provide to you. In addition, you may be required to register to obtain a warranty on your Catalyst-branded products sold by us. Our e-mail communications to you may be tailored to your needs or interests according to the registration information you have provided to Catalyst. Your registration information will be handled in accordance with section 2.5.
2.8. Privacy of Submissions and Content Entries: If you send (by uploading to our website or otherwise) a Submission to us, that submission is not private and we may use it in accordance with Section 3.2, including associating your name and location with the Submission. Entries in any contest, promotion or giveaway that we may offer may require you to provide additional personal information and you may receive e-mail or other contact from us regarding the contest. Contest entries are Submissions, are not private, and may be used in accordance with Section 3.2.
2.9 Other Information About You: When you access or use Catalyst's website, we may receive additional information about you from your computer or mobile device or from your actions, including your location, IP address, browser, operating system, where you click on our website or the order of your clicks, how long you look at each page of our website, any advertising you may click on, and the page from which you arrived at our website. We may use that information to improve our products or services or website and will handle such information in accordance with this Agreement.
2.11.Third Parties: Catalyst may offer services on our website that are provided by third parties or links to websites owned and operated by third parties (“Third Party Services”). Third Party Services are entirely the responsibility of those third parties and Catalyst disclaims any and all liability related to and makes no warranty regarding Third Party Services. The terms and conditions, including with respect to your privacy and personal information, of Third Party Services are entirely governed by those third parties’ terms of service, warranties or other information or agreements as may be available from those third parties.
2.12.Other Disclosure of Personal Information: Catalyst may disclose your personal information if we, in our sole discretion, believe it to be necessary (1) to comply with a court order, subpoena, discovery request, search warrant, administrative order, or other legal process, regardless of whether such response is legally necessary; (2) to ensure the public safety or the safety of other users of our website or our products; (3) to enforce this agreement or protect our rights or (4) in the event of a sale or transfer (whether or not for value) of Catalyst’s assets or business to any legal successor in interest.
3. Intellectual Property
3.1. Catalyst’s Intellectual Property: All intellectual property on our website is owned by Catalyst, its Affiliates, its licensors, or used under license from third parties, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g. CATALYST, ESCAPECAPSULE, the flame logo, "THE ONLY CASE YOU'LL EVER NEED", "ADVENTURE READY. EVERYDAY.", "OVERENGINEERED FOR DAILY USE", "WHERE RUGGED MEETS STYLE", "JOIN THE ADVENTURE", "TRUE SOUND ACOUSTICS", "ULTIMATE CASE FOR THE ULTIMATE DEVICE") are owned, registered and/or licensed by Catalyst. The design of Catalyst’s products, our packaging, our website (including the graphics, their selection and arrangement), our branding and marketing and all text and know-how related thereto are covered by copyrights, trademarks, service marks, trade secrets or patents owned by Catalyst or its Affiliates. All content on our website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under copyright laws and is the proprietary property of Catalyst. We reserve all rights to all intellectual property owned by Catalyst or its Affiliates or its licensors or used under license from third parties.
3.1.1. Allowed Uses: You may electronically copy or print portions of this site for your own personal non-commercial use. Text and media identified within the press section of our site is free to use for editorial purposes, but Catalyst must be informed of all such uses by e-mail at firstname.lastname@example.org. Other than as explicitly stated in this Agreement, you may not copy, use, modify, alter, adapt, display, stream, capture, decode, reverse engineer or derive any benefit (including non-commercial benefit) whatsoever from Catalyst’s or its Affiliates’ intellectual property without Catalyst’s express written consent.
3.1.2. Usage Guidelines: The following are trademarks or wordmarks owned by Catalyst or its Affiliates, its licensors or used under license from third parties and are used under license: CATALYST, ESCAPECAPSULE, the flame logo, "THE ONLY CASE YOU'LL EVER NEED", "ADVENTURE READY. EVERYDAY.", "OVERENGINEERED FOR DAILY USE", "WHERE RUGGED MEETS STYLE", "JOIN THE ADVENTURE", "TRUE SOUND ACOUSTICS", "ULTIMATE CASE FOR THE ULTIMATE DEVICE".
188.8.131.52. Fair Use: You may engage in “fair use” of our trademarks or wordmarks to (1) truthfully communicate your relationship to Catalyst-branded products or products purchased from Catalyst, (2) truthfully communicate the role of Catalyst-branded products or products purchased from Catalyst in creating any media you may have created using such products, (3) truthfully communicate that your product is compatible with Catalyst-branded products or products sold by Catalyst, (4) comment on media produced with Catalyst-branded products or products sold by Catalyst or (5) make factual statements about the Catalyst brand, Catalyst-branded products or products purchased from Catalyst.
184.108.40.206. Commercial Use: You may approach Catalyst about the commercial use of Catalyst’s trademarks and wordmarks by e-mailing us at email@example.com.
220.127.116.11. Prohibited Use: You may not alter any of our trademarks or wordmarks without our express written consent. You may not use our logos without our express written consent. You may not use any of our trademarks or wordmarks or confusingly similar trademarks or wordmarks: (1) in the name of your own company, product or service name, (2) in any online identity, user name, URL, domain name, logo or avatar, (3) as your own advertising, (4) to create derivative wordmarks or trademarks, (5) to confuse (whether or not intentionally) your product, service or company with ours, (6) to falsely imply that you are related to, affiliated with, endorsed by, the same as or associated with us, (7) for any purpose which intends to or has the effect of diluting, destroying the goodwill of, tarnishing, reducing the value of our trademarks or workmarks or associating them with any illegal, unethical, immoral, obscene, pornographic, tortious or otherwise undesirable activity, (8) for any purpose related to the improvement of any URL’s or page’s search engine ranking or to manipulate search results, (9) as part of any product or service, for the purpose of obtaining your own rights, or (10) for the purpose of industrial espionage or to harm Catalyst or its Affiliates in any manner.
18.104.22.168. Further Guidelines: You must always use the ™ or ® symbol as appropriate (as determined by the symbol we use on our own site with respect to the mark) when using our trademarks or wordmarks. “EscapeCapsule” is one word, with the first and seventh letters capitalized and the seventh through the thirteenth letters in bold typeface. “Escape Capsule,” “EscapeCapsule” “Escapecapsule,” “Escape-Capsule,” “escapecapsule” and all other nonconforming permutations of our product names are incorrect and may not be used. When using or referring to a trademark or wordmark used by Catalyst under licenses, please include the following notice: “Catalyst and EscapeCapsule are trademarks used under license from Labworks International Design Limited in the United States and other countries.” This notice should appear at the bottom of the pages on which our trademarks or wordmarks are used, or along with legal notices accompanying printed materials, as appropriate. We would appreciate it if you would inform us of any improper, uncredited or non-conforming use of our trademarks or wordmarks by sending an e-mail to firstname.lastname@example.org. The Catalyst name, logo, all product names, all custom graphics, all trademarks, and service marks appearing on this website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Labworks International Design Ltd (the “Marks”) or its affiliates. All other trademarks, product names, company names, logos, services marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without prior written permission of Catalyst or Labworks International Design Ltd.
3.2. Submissions: If you send (by uploading to Catalyst's website, submitting a url, posting on our Facebook page or otherwise) a Submission to us, you automatically grant Catalyst a perpetual, irrevocable, worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to (and to allow others acting on its behalf) use, edit, modify, create derivative works based upon, display, host, stream, reproduce, copy, market, distribute, sell or otherwise exploit for commercial purposes that Submission (including any information which may be included in that Submission, such as your user information or metadata or other information described in Section 2.9, whether or not you are aware that you are passing that information to Catalyst) in any manner Catalyst may think fit within applicable laws, including by distributing it to or via third-party websites, social networks or media channels. You agree not to submit any Submission that is obscene, pornographic, encourages unsafe or illegal activities or that violates applicable laws.
3.3. Infringement: Catalyst will remove copyrighted materials from its website in compliance with the Digital Millennium Copyright Act (“DMCA”) if notified in writing that such materials infringe upon any person’s copyright. Written communications to Catalyst with respect to the DMCA must contain all information required to be contained in a DMCA notice under the DMCA. If you fail to comply with all requirements of the DMCA, your notification may not be binding and Catalyst shall use its sole judgment with respect to the alleged infringement unless and until a compliant DMCA notice is received. Notices to Catalyst must be submitted in writing to the following address: DMCA Notice Department, Rogue Lemmings, Inc., 187 E. Warm Springs Road, Suite B353, Las Vegas, NV 89119.
3.4. Testimonials: If you submit a testimonial to Catalyst, we may at our sole discretion use it on our website for promotional or other purposes. We will contact you to obtain your consent to use your testimonial. If you consent to the use of your testimonial, it becomes a Submission and we may use it in accordance with section 3.2.
4. Your Access to Catalyst’s Website
4.1. Intent of Use: By using Catalyst’s website you swear that you are using it for your own personal shopping, information or entertainment only and that you are not using it with the intent to violate Catalyst’s or our Affiliates’ intellectual property rights, obstruct or interfere with the functioning of our website, products or services, conduct business intelligence gathering or industrial espionage, violate any applicable laws or harm our or our Affiliates’ business in any manner. You agree not to join any class action or other civil lawsuit against us or our Affiliates. If we learn that any violations of this Agreement or any use of its website constitutes or possibly constitutes a crime, we will fulfill any legal responsibilities it may have to notify the proper authorities in the appropriate jurisdiction of the relevant facts.
4.2. Automatic Updates: Catalyst’ website may be updated from time to time. Such updates do not alter the terms of this Agreement. Continued use of our website after any update indicates your continued agreement to this Agreement as it relates to any updated website, products or services and your desire to continue using the website, products or services in their updated state.
5. Billing, Shipping and Refunds
5.1. Billing by Online Retailers: If an Online Retailer processes your order, that Online Retailer is responsible for all aspects of billing and customer service inquiries related to that order, and Catalyst disclaims any liability for any aspect of the ordering or payment process. You should contact that Online Retailer for any related customer service.
5.2. Shipping: The Shipper handling your order is entirely responsible for all aspects of shipping your order, and Catalyst disclaims any liability for any aspect of the shipping process. Any questions, complaints or problems you may have should be directed to the Shipper using the information provided to you by Catalyst or the Online Retailer who processed your order. You are responsible for any duty, tax or VAT that may be charged in your jurisdiction if the Shipper has not covered it. Catalyst as its sole discretion may offer you non-monetary assistance in providing information or documentation to any competent customs authority making such a request.
5.3. Defective or Returned Products: All defective or returned products shall be handled according to Catalyst’s warranty applicable to that product. Our EscapeCapsule product is NOT warranted unless you register your product with us and agree to the terms and conditions of the warranty. Click the link above to visit the warranty page.
5.4. Cancellation of Orders: Catalyst reserves the right to cancel your order at its sole discretion at any time before shipping. We may cancel your order if we believe that your order was placed for a purpose other than obtaining the product, for the purpose of industrial espionage or to reverse engineer or copy the product or to destroy the goodwill of or do any harm to the product's or our or our Affiliates' reputation, branding or goodwill. We may also cancel orders for violations of this Agreement, for legal reasons or for any reason or no reason in our sole discretion.
6. Disclaimer of Warranties and Limitation of Liability
6.1. Disclaimer of Warranties: Catalyst provides its site “as-is.” Other than as expressly set out in this Agreement, neither we nor our Affiliates nor our employees, agents or owners make any specific promises about the website including its functioning, availability, reliability, ability to function on your computer or device, fitness for any particular purpose, merchantability, non-infringement or ability to provide the expected value. In some jurisdictions, warranties are implied by law; we exclude and disclaim any such warranties to the maximum extent permitted by law. Your rights will vary depending on your jurisdiction.
6.2. Limitation of Liability: To the maximum extent permitted by law, Catalyst and our Affiliates will not be responsible for indirect, special, consequential, exemplary or punitive damages, including damages to your person, your mental health, your computer or device or their data or your property or loss of goodwill or other intangible losses arising out of the use of the website. To the maximum extent permitted by law, the total liability of Catalyst and our Affiliates for any claim under these terms made by you, your successors, heirs or permitted assigns, including for any implied warranties, is limited to the lifetime amount you have paid us to use its website or purchase our products (or if we or our Affiliates choose, to supply you further products or services of equal or greater value as a substitute). In no case shall Catalyst or our Affiliates be liable for damages or losses that are not reasonably foreseeable.
7. Indemnification: You agree to indemnify and hold harmless Catalyst, its Affiliates, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the website, including any breach of this Agreement by you.
8. California Proposition 65 WARNING: Our products may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Proposition 65 is a California law that requires companies to inform California consumers about miniscule levels of chemicals that may be found in their products. A Proposition 65 warning label does not mean the product poses any danger to the consumer. We know you’re concerned about product safety and we take necessary steps to comply with applicable safety and health requirements. Information regarding California Proposition 65 is available on the website: http://oehha.ca.gov/prop65.html
9.1. Entire Agreement: This Agreement constitutes the entire agreement between Catalyst and you concerning the website and the subject matter hereof.
9.2. Amendment: Catalyst may amend this Agreement at any time. We will notify you if the Agreement is amended. Continued use of the website after we amend the Agreement constitutes your agreement to any such amendment.
9.3. Waiver of Default: No consent or waiver, express or implied, by Catalyst with respect to any breach of this Agreement by you or default by you shall be deemed or construed to be a consent or waiver with respect to any other breach or default by you of the same provision or any other provision of this Agreement. Failure on the part of Catalyst to complain of any act or failure to act by you or to declare you in breach shall not be deemed or constitute a waiver by us of any rights hereunder.
9.4. No Third Party Rights; Assignment: None of the provisions contained in this Agreement shall be for the benefit of or enforceable by any third parties including your creditors. You may not assign this Agreement or any of your rights or responsibilities under this Agreement to any third party. Catalyst may assign this Agreement or any of its rights or responsibilities under this Agreement, to the maximum extent permitted by law, upon its sole discretion and need only notify you of such assignment if it will materially alter your use of the website or your customer experience with us.
9.5. Severability: Except where it would materially alter the terms and conditions of this Agreement, in the event any provision of this Agreement is held to be illegal, invalid or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
9.6. Binding Agreement: This Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and permitted assigns.
9.7. Acknowledgement: You acknowledge that you have been advised to seek your own independent legal advice with regard to this Agreement, the website and all related matters.
9.8. Headings: The headings of the sections of this Agreement are for convenience only and shall not be considered in construing or interpreting any of the terms or provisions hereof.
9.9. Execution: This Agreement is considered executed when you agree to it via any of the methods described in Section 1.1.2.
9.10.Governing Law; Submission to Jurisdiction: This Agreement, and any dispute, controversy or proceeding arising out of or related to this Agreement, including validity, interpretation, effect and enforcement, shall be governed under the laws of the State of Delaware, without regard to its rules of conflicts of laws. Any controversy, claim or dispute that arises out of or relates to this Agreement shall be resolved by binding arbitration conducted in accordance with the American Arbitration Association Commercial Arbitration Rules, including rules for Emergency Measures of Protection. If the amount in dispute (or the damages likely to arise out of the dispute) is less than $75,000, the parties shall use the Rules for Expedited Commercial Arbitration. The Arbitration shall be conducted before a panel of three (3) arbitrators. Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Each arbitrator shall be a member of at least one United States state bar and shall have been actively engaged in the practice of law for at least 10 years. The arbitration shall be conducted in English and be held in Cincinnati, Ohio. All awards made pursuant to any arbitration proceeding conducted hereunder shall be in U.S. dollars, and if an award is made to any claimant which is greater than any amount offered in writing by the opposing party in settlement of such claim or if the opposing party has made no offer of settlement, then the opposing party shall pay all of such claimant’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all costs of arbitration, including all AAA fees and charges and the fees and expenses of all arbitrators. If no award is made to claimant or the amount of such award is equal to or less than any such amount offered in settlement, then the claimant shall pay the opposing party’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all such costs of arbitration. Notwithstanding anything contained herein to the contrary, Catalyst at all times shall have the right to seek collections or equitable remedies through the courts, including but not limited to injunctive relief, or otherwise as it deems necessary or desirable to protect its confidential and/or proprietary rights, trademarks or other intellectual property rights. The exercise by Catalyst of any rights shall be without prejudice to any other rights that Catalyst may have at law or in equity, under this Agreement or otherwise.9.11.No Bond Required: You agree that Catalyst need not post any bond, collateral or security to enforce its rights under this Agreement.
9.12.Intentional Breach; Treble Damages: If, as a result of an intentional or malicious breach of any provision of this Agreement, you cause economic damages or hardship to Catalyst, Catalyst shall be entitled to collect treble damages from you.
9.13.Waiver of Contrary Rights: To the maximum extent permitted by law, you waive any rights which are contradicted by the provisions of this Agreement.
9.14. Third Party Rights. Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623) by any person who is not a party to it.
9.15.Termination; Survival: Catalyst may terminate your access to and use of the website at any time, with or without cause and with or without notice, effective immediately. You may terminate this Agreement at any time by discontinuing your use of the website. The provisions and Catalyst’s rights under sections 1, 3, 5, 6, 7 and 8, and any other provisions which reasonably should be held to survive termination, shall survive termination of this Agreement.