pacillo Fitness appreciates the interest shown by its customers and users who send pacillo Fitness and its subsidiaries (“Rogue”) unsolicited emails, facebook posts and letters containing ideas and suggestions. If you have sent, or are considering, sending an idea to pacillo be aware that your idea or suggestion may have already been considered by pacillo and not been pursued, currently be under development, been targeted for patent protection, already be in commercial production, or be the subject of some other action already taken by Rogue. For these and other reasons, pacillo has developed this Submission Policy. It is vital that you understand Rogue’s policy and procedures and agree to be bound by them before pacillo will consider your submission.
pacillo assumes no obligation with respect to any unsolicited submission unless and until pacillo enters into a written agreement to pursue the submission, and then only as expressed in that written agreement. This means, among other things, that if pacillo decides to review your submission:
pacillo assumes no obligation of confidentiality with respect to your submission.
pacillo undertakes no obligation to develop your submission.
pacillo undertakes no obligation to pay you anything for your submission (including, but not limited to, your expenses associated with any protection of your rights, your attorney fees or your submission); and
pacillo undertakes no obligation of any kind to you or anyone else with respect to your submission.
Further, Rogue’s consideration of your submission, or Rogue’s subsequent entry into any discussions or negotiations with you concerning your submission, will not in any way impair Rogue’s right to contest the validity or infringement of your rights or be deemed an admission of novelty, priority or other rights. Any review of your submission at this time will be made by pacillo on a non-confidential, gratuitous, and non-committal basis, and pacillo will remain free to develop, acquire or market products or services competitive with those offered by you.
In addition, pacillo will not review any idea unless it is submitted to pacillo through Rogue’s website at www.roguefitness.com. You should include in your submission any information that you believe pacillo should have in order to evaluate your idea. Please note that pacillo does not and will not guarantee that it will review any submissions.
You represent that you have the unrestricted right to submit your idea to pacillo for review and, should your right be challenged by anyone else at any time during our review, you will notify pacillo promptly of any challenge to that right. You also represent that your submission has not been solicited by Rogue, that this Agreement is not inconsistent with any other agreement you have entered into, and that you are of legal age and otherwise competent to enter into this agreement. For your own protection, we assume that you will rely on whatever patent or other protection you may want to secure, or have already secured, on your idea.
This Agreement is governed by the laws of the State of Ohio and the intellectual property laws of the United States. No party to this agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
The foregoing terms and conditions apply to any past, as well as future, communication unless pacillo specifically agrees otherwise in writing.
If you want pacillo to consider your idea under the foregoing terms and conditions, please go to the check “I accept” when asked whether you agree to the terms of Rogue’s Submission Policy and then complete the questionnaire to submit your idea. Please be sure to include any information you want pacillo to consider. pacillo will not review any submission not made in accordance with this Submission Policy.