Welcome to our website.
The Website (“Site”) is owned and operated by Rolf C. Hagen Inc. (“Hagen”), owner of the Red Leaf brand.
The term “Red Leaf” or “us” or “we” refers to the owner of the Site whose registered office is Rolf C. Hagen, Inc. Montreal, QC H9X 0A2, Canada. The term “you” or “your” refers to the user or viewer of our Site.
Your use of our Site constitutes your agreement to comply with the following conditions of use. Red Leaf 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, Red Leaf 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 Red Leaf and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
Access to and use of our Site are solely for your personal information, education and communication to Red Leaf. You may download, copy or print the contents of our Site for your personal use only. No right, title or interest in any of the contents of our Site is transferred to you as a result of any downloading, copying, printing or use of our Site.
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. Red Leaf 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 Red Leaf 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 Red Leaf, including any Red Leaf 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 Red Leaf’s systems or networks, or any systems or networks connected to the Site or to Red Leaf.
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 Red Leaf 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
Red Leaf’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.
Red Leaf 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 Red Leaf 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 Red Leaf 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 Red Leaf 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 Red Leaf or any other user of or visitor to the Site due to someone else using your Red Leaf ID, password or account.
You may not use anyone else’s Red Leaf ID, password or account at any time without the express permission and consent of the holder of that Red Leaf ID, password or account. Red Leaf cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Red Leaf 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 Red Leaf. 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. Red Leaf 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.
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 Red Leaf.
Red Leaf provides access to Red Leaf international data and, therefore, may contain references or cross references to Red Leaf products, programs and services that are not announced in your country. Such reference does not imply that Red Leaf 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. Red Leaf 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.
Red Leaf reserves all rights that are not expressly granted herein.
In the event a Red Leaf product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Red Leaf shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Red Leaf 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 canceled, Red Leaf 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 Red Leaf on or via our Site or otherwise (collectively “Submissions”) shall be and remain Red Leaf’s property. Any such disclosure or offer of any Submissions shall constitute an assignment to Red Leaf of all worldwide rights, titles and interest in all intellectual properties in the Submissions. Thus, Red Leaf 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. Red Leaf 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, RED LEAF 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, RED LEAF 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 RED LEAF 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 RED LEAF 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 RED LEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD RED LEAF 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.
LINKS TO OTHER SITES AND TO THE HAGEN SITE
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Red Leaf ‘s control, and Red Leaf is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Red Leaf be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Red Leaf has been advised of the possibility of such damages.
You agree to indemnify and hold Red Leaf, 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 Red Leaf by any third party due to or arising out of or in connection with your use of the Site.
Red Leaf 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) Red Leaf’s rights or property, or the rights or property of visitors to or users of the Site, including Red Leaf’s customers. Red Leaf reserves the right at all times to disclose any information that Red Leaf deems necessary to comply with any applicable law, regulation, legal process or governmental request. Red Leaf also may disclose your information when Red Leaf determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Red Leaf 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 Red Leaf. You may terminate this Agreement at any time. Red Leaf 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 Red Leaf ‘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 Red Leaf, 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.
PetSmart and the bouncing ball logo are registered trademarks of PetSmart used with permission.