Terms & Conditions

 

The following terms and conditions (“Terms of Use”) apply to all visitors to the PlanetbagTM website (the “Site”), which is owned and operated by Planetbag, LLC, a Delaware limited liability company with an address at 7040 Avenida Encinas, #104, Carlsbad, CA 92011 (“Planetbag”).

 

Important Legal Information

Use of this Web Site constitutes your acceptance of the following

Thank you for visiting www.planetbag.net. This Web Site is owned and provided by Planetbag, LLC (“Planetbag”). Please understand that all services provided through this Web Site, including the sale of any products, are provided subject to the following terms and conditions. BY USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, Planetbag reserves the right to deny future access to the Web Site and to seek all remedies available at law and in equity.

Planetbag reserves the right to change these Terms of Use from time to time at its sole discretion. Your continued use of the Site following the posting of changes to these Terms of Use means that you accept any such changes. However, if there is a conflict between any provision of these Terms of Use and any provision of the Subscriber Terms or Non-Subscriber Access Terms for the use of this Web Site, the provisions of the Subscriber Terms or Non-Subscriber Access Terms will take priority. In the case of any violation of these Terms of Use, Planetbag reserves the right to seek all remedies available by law and in equity for such violations. These Terms of Use apply to all visits to the Site and uses of the Services, both now and in the future.

Submissions of Information

You represent that all information that you submit in the course of using the Site or the services is truthful, materially complete and is not submitted for any fraudulent purpose. All information that you submit is subject to our Privacy Policy.

Licenses And Restrictions

All software used to operate the Site and the Services (“Software”) and all content on the Site (“Content”), including, but not limited to, design, text, graphics, other files, and their selection and arrangement, is owned or licensed by Planetbag. You may view, download and print Content only for your personal, non-commercial use. No other use of the Software or Content is authorized. You may not post material from this Site on another site or on a computer network, or frame or link to this site, without our prior written permission. You may not transmit or distribute Content from this Site to others.

In consideration of this authorization, you agree that any copy of Content which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Planetbag or any third party.

THE SOFTWARE AND ALL CONTENT ON THIS SITE ARE PROTECTED BY US AND INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS LAWS, INCLUDING COPYRIGHT LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM PLANETBAG. NO ONE IS PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY CONTENT FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Metatags, Hidden Text, Linking or Framing

Planetbag expressly prohibits any use of our trademarks, service marks, trade names or brand names in metatags, keywords and/or hidden text. The use of our trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this Web Site, or any page or portion thereof, without the prior written consent of Planetbag is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Planetbag Web Site or its Materials with any other site, advertisement, link or other information or materials not originating from this Web Site is expressly prohibited.

Credit Card Processing

This Site may offer access to certain Products and/or Services for which credit card payments may be accepted. Any credit card transaction may be processed by Planetbag and/or by a third party credit card processor, and you agree to such processing.

Age Restrictions

You must be at least 18 years old to use this Site or to submit personal information to this Site. If you are under 18 and want to use this Site, you must ask a parent or guardian to do so on your behalf. Your parent or guardian must first read and accept these Terms of Use. The US Children’s Online Privacy Protection Act applies to the online collection of personal information from children under 13. This Site is not aimed at children under the age of 13. If we discover that we have inadvertently collected personal information from a child under 13, we will delete that information and attempt to contact the child’s parent or guardian.

General Disclaimer

Although Planetbag has attempted to provide accurate information on the Site, we assume no responsibility for the accuracy of the information. We may change the Products and/or Services offered through the Site at any time without notice, although such changes will not affect any Products or Services to which you are currently subscribed except as provided in the Subscription Terms.

Subject to Change

Planetbag reserves the right to make changes or modifications to this Web Site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these terms and Conditions frequently, as your use of the Web Site following any changes to these Terms and Conditions shall constitute your acceptance of and agreement to be bound by the revised terms and Conditions whether or not you have actually reviewed them. Planetbag may in its sole discretion terminate, suspend or discontinue any aspect of the Web Site, including the availability of any features or products, at any time and without notice or liability. Planetbag may also restrict your access to all or any portion of the Web Site without notice or liability.

Products and Prices

Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this Web Site is subject to change at any time and without notice. As noted elsewhere herein, Planetbag is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.

All prices displayed on this site apply only to the products and services available on the Web Site and may not necessarily reflect the prices of such products or services, or similar items, available through retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an “offer to sell.” We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products, unless otherwise authorized. The receipt of an e-mail confirmation of your order is simply an acknowledgment that we have received your requested order and does not constitute an offer to sell.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLANETBAG AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PLANETBAG MAKES NO REPRESENTATION OR WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (3) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED TO OR FROM OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Please note that any representations and warranties expressly set forth in any Subscription Terms or Non-Subscriber Access Terms that are in force between you and Planetbag are not affected by the above disclaimers.

Limitation of Liability

PLANETBAG AND ITS SUPPLIERS (INCLUDING THIRD PARTY CREDIT CARD PROCESSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT SERVICES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE SITE, EVEN IF PLANETBAG OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Please note that any exclusions and limitations of liability expressly set forth in any Subscription Terms or Non-Subscriber Access Terms that are in force between you and Planetbag are not affected by the preceding paragraph.

Indemnification

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Planetbag and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any fines, sanctions, actions or third party claims and any resulting damages or liability of any nature arising in connection with your use of this Site, including the reasonable costs of defending or settling such actions or claims. Please note that you may have different or additional indemnification obligations under any Subscription Terms or Non-Subscriber Access Terms that are in force between you and Planetbag.

Advertising and other Linking

This Site may contain links to other sites, including advertisements linking to sites offering third party products and services. These sites are not maintained or controlled by us, and we are not responsible for their content or actions. Access to any other site linked to this Site is at the user’s own risk and Planetbag is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on or products or services offered by these sites. The inclusion of such links does not imply an endorsement of such third party sites.

Access to Password Protected/Secure Areas

Access to and use of password-protected and/or secure areas of the Site, including parts of the Site that give access to the Services, is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Trademarks

Planetbag and related logos are protected by state and federal trademark laws. You agree not to display or use these trademarks in any manner without Planetbag’s prior written permission. Other trademarks appear on this Site with permission from their respective owners. Your unauthorized use of trademarks appearing on this Site may constitute trademark infringement, which could subject you to substantial civil penalties.

Governing Law

This Agreement between you and Planetbag, LLC will be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of laws principles.

Jurisdiction

This Site is controlled and operated by Planetbag from its principal office in the State of California, USA. Planetbag makes no representation that materials on the Site are appropriate or available for use in other locations. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules. The Site is not intended to subject Planetbag to the laws or jurisdiction of any state, country or territory other than the State of California (including all applicable federal laws and the jurisdiction of the federal courts located in San Diego County, California, should a separate basis exist for their jurisdiction).

Notices

Planetbag may deliver notice to you under these Terms of Use by means of email, a general notice posted on this Site, or by written communication delivered by first-class U.S. mail to the address that you have provided to Planetbag. You may give notice to, or submit comments or questions to, Planetbag at any time via email or by letter delivered by first-class postage prepared U.S. mail or overnight courier to either of the following addresses:

Planetbag, LLC (“Planetbag”)
Attn: Terms of Use
7040 Avenida Encinas, #104

Carlsbad, CA  92011
E-mail: support@Planetbag.net

Survival

The provisions of these Terms of Use entitled “General Disclaimer,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

General Provisions

These Terms of Use, along with the Planetbag Privacy Policy and any Subscription Terms or Non-Subscriber Access Terms separately entered into between you and Planetbag, constitute the entire agreement and understanding between you and Planetbag with respect to use of this Site, superseding all prior or contemporaneous communications with Planetbag. These Terms of Use are severable and, in the event, any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement may not be assigned by you without the prior written approval of Planetbag but may be assigned without your consent by Planetbag to (i) a parent or subsidiary, (ii) an acquirer of substantially all of its shares or of the assets to which this agreement relates, or (iii) a successor by merger, consolidation or other form of reorganization. Any purported assignment in violation of this section shall be void.

 

Last updated: March 15, 2017

 


 

Privacy and Security

 

Thank you for visiting www.Planetbag.net. Planetbag, LLC (“PlanetbagTM”) is committed to honoring and protecting your privacy while at the same time providing you with a first rate on-line and shopping experience. As an important part of respecting your privacy, we believe that you have the right to know what information is collected by this Web site, how such information may be used, and what security measures are taken to protect your information.

 

Collection and Use of Information

When you visit our Website, place an order, request product information and/or contact us via e-mail, certain information is or may be collected. Among the types of information that may be collected are the following: 

  • domain names of visitors to our site;
  • if you place an order or contact us, your name, address, e-mail address and whatever credit card information you provide in connection with your purchase;
  • “navigational information” regarding the traffic patterns of our Web site, including the number of visits to a particular page and user-specific information on which pages a guest visits, average length of time spent on the site and similar site usage data; and
  • any information that you may choose to submit in connection with any e-mail messages, on-site surveys, registry programs, contests and the like.

We use this information in order to analyze, manage and improve our Website so that we may continually strive to provide you with the best shopping experience that we possibly can. Information on traffic patterns and the number of page visits and the like helps us to further develop and improve our site layout to better meet your needs. Of course, we also use information such as your name, e-mail address and credit card information to contact you, respond to your inquiries, send your order or requested information, and to process, deliver and receive payment for your purchases. We may use such information to notify you of services, special offers, new products and other services that we believe may be of interest to you, or to notify you of important new changes in our Web site. Finally, we use collected information to help us diagnose problems with our server or other technical issues relating to the performance of the Web site. 

Cookies

 
“Cookies” are small bits of data that a website can send to your browser and may then be stored on your hard drive. We use cookies in connection with certain features on our website, although we note that our cookies do not contain any personally identifying information such as your name. We use the cookies to enable us to store items in your shopping cart and may also use them to help provide you with customized or tailored information or services. You can set your web browser so that you will always be notified when you receive a cookie. 

Security

 
Planetbag makes every effort to protect the security of your personal information. Our Web site is hosted on secure servers and utilizes SSL secure server software. Any personal information that you provide is encrypted so that no-one can read it while it is being transmitted over the Internet. Any information collected by us is stored in private files behind a firewall designed to protect your information by denying unauthorized access by outside users. 

Opt In/Opt Out

 
If you do not wish to receive an e-mail regarding special offers, product updates or announcements, please let us know by sending us an e-mail to support@planetbag.net. Please be sure that your e-mail includes your name and address.

You can also let us know by mailing us c/o Planetbag, LLC (Planetbag), Internet and Sales, 7040 Avenida Encinas, Carlsbad, CA 92011, or by calling us at 1-760-670-5989. 

If you would like to correct or update any information that you have previously provided, you may do so via e-mail to support@planetbag.net, or by mail or phone call as set forth above. 

Please note that sometimes these requests may take up to 6-8 weeks to be effective, particularly if we are removing your name from postal mailings. In addition, when you purchase from us online we may need to contact you via phone, email or mail to address questions or issues specific to your order, even if you have opted to not receive communications. 

Providing Third Party Information

 
To serve you better, we may combine information you give us online or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with our Select Partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes. 

Our mailing lists are sometimes made available to companies whose products and services may be of interest to you. 

We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular. We may share or transfer such non-personally identifiable information with or to our affiliates, licensees, and partners. We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. 

We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours. 

Although unlikely, in certain instances we may disclose your personally identifiable information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Planetbag, LLC or to others. We may also disclose your personally identifiable information when we believe the law requires it. 

When you visit this Website or view one of our e-mails, we may use pixel tags (also called “clear” gifs), tracking links and/or similar technology to note some of the pages you visit on our Website and personalize your experience. We may also use pixel tags to determine what types of e-mail your browser supports. We may use the information collected through pixel tags, tracking links and similar technology in combination with your personally identifiable information. 

We may use the information you provide in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We will not sell or rent your personally identifiable information to third parties without your consent, except as disclosed in this Privacy Policy. 

As we continue to develop our business, we might sell certain of our assets. In such transactions, user information, including personally identifiable information, generally is one of the transferred business assets, and by submitting your personal information on the Website you agree that your data may be transferred to such parties in these circumstances. 

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is used. 

When you complete a feedback form or one of our surveys, you may opt-out of receiving future communications from us. You may change your preferences at any time by clicking the “unsubscribe” link at the bottom of each e-mail you receive from us or by e-mailing us at support@planetbag.net. You may remove your name from our mailing list by calling 1-760-670-5989.


 

DISCLAIMER

All information provided on this site is for general information purposes only and is provided by Planetbag, LLC, (“Planetbag”), a Delaware Limited Liability Company providing manufacturing, sales, and distribution of consumer products. With respect to any documents and information made available from this site, Planetbag, LLC, its employees, and other parties involved in the creation, production or delivery of this site are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this site. Neither Planetbag, LLC nor any of its employees or associates makes any warranty, express or implied, about this site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Likewise, neither Planetbag, LLC or any Planetbag, LLC member, employee or associate assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, procedure, method, apparatus, product, or process posted on the site. Neither Planetbag, LLC or its members, employees or associates assume any responsibility for loss or damages resulting from the use of information contained on this site.

Planetbag, LLC does not warrant or guarantee that any files, links, or pointers available through this site will be free of viruses or other codes that contain contaminating or destructive properties. In consideration for receiving this information on the Planetbag, LLC site, you agree to release and covenant not to sue Planetbag LLC, its members, employees and associates from and against any and all claims. You agree to hold Planetbag, LLC and its members, employees and associates harmless should your system become damaged in any way from using this website. You agree that your sole and the exclusive remedy for loss or dissatisfaction associated with using this site is to stop using the site.

PROPRIETARY RIGHTS

Images of people or places displayed on the site are the property of either Planetbag, LLC or a third party. The use of these images by you or anyone authorized by you is prohibited unless you obtain the express, written permission of Planetbag, LLC. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.