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Customer Care Help Center: Security & Privacy


INTRODUCTION

These terms are effective as of January 1, 2014



Welcome to the Rawlings Gear website ("Site"). By accessing or using any features of this site ("Site"), owned and operated by Rawlings on behalf of itself and its subsidiaries ("Rawlings"), you agree to be bound by these terms of use ("Terms of Use"). All visitors to and users of any aspects of the Site ("Users") are bound by these Terms of Use. Rawlings expressly reserves the right to modify the Terms of Use at any time and from time to time without prior notice to you, and therefore, Rawlings recommends that you read these Terms of Use carefully each time you use the Site. Your access to and use of the Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the Site.



Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with Rawlings may vary from these Terms of Use. If a Rawlings subsidiary has separate terms of use for its website(s), or a separate agreement governing its use, the provisions of the subsidiaries' site's terms shall control in the event of a conflict with these Terms of Use. Except in the event of a conflict, as described in this paragraph, these Terms of Use apply in addition to any other policies or agreements that may apply to you related to any contests, sweepstakes, rewards or loyalty programs, surveys, transactions or purchases of goods or services, or other engagements you have with the Site



Some of the services may be subject to additional posted conditions. Your use of those services is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions will apply.



Use of the Site is subject to all applicable laws and regulations. Nothing contained in these Terms of Use shall limit Rawlings' right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of the Site.



Privacy

Rawlings believes strongly in the protection of the privacy of Users. Data collection and the use of data collected from the Site is governed by our Privacy Policy which we encourage you to review. Learn more about the Rawlings privacy policy.



Copyright Notice

All pages on this Site are subject to Rawlings copyright notices and intellectual property rights. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site and any compilation thereof ("Content(s)") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Rawlings, one of its subsidiaries or affiliates, or by third parties who have licensed their materials to Rawlings. The Content(s) are protected by U.S. and international copyright laws and Rawlings and its licensors expressly reserve all intellectual property rights in the Content(s). Access to this Site does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content(s), the Site or any related software. All software used on this Site is the property of Rawlings or its software suppliers and is also protected by U.S. and international copyright laws.



Any unauthorized use of the Content(s) is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.



Content

The Site contains Content(s) that Rawlings creates and may also include Content(s) provided by third parties, including, if applicable, users that register or provide comments, ratings and reviews. It also contains product information provided to Rawlings by third parties about products that are manufactured by or for people other than Rawlings. Rawlings does not accept responsibility for the accuracy, veracity or the quality of any third party content ("User Generated Content"). Specifically, User Generated Content contains information that may not reflect the opinions or beliefs of Rawlings. While Rawlings believes this content to represent the beliefs of those that submit it, you are advised not to rely on third party content without independent analysis.



Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site.



Trademark Notice

The Rawlings name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Rawlings. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Content(s). Access to this Site does not authorize anyone to use any name, logo or mark in any manner whatsoever.



Accuracy of Information

While Rawlings uses reasonable efforts to ensure the Content(s) are accurate and up-to-date, Rawlings makes no warranties or representations as to the accuracy or completeness of the Content(s) or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through this Site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. RAWLINGS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE.



Pricing; Order Acceptance; Payment; Sales Tax

While Rawlings strives to provide accurate product and pricing information, pricing or typographical errors may occur. Rawlings cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Rawlings shall have the right, at Rawlings' sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Rawlings may, at Rawlings' sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. While it is the Rawlings practice to confirm orders by email, the receipt of an email order confirmation does not constitute the acceptance of an order or the Rawlings confirmation of an offer to sell a product or service. Rawlings may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that Rawlings is unable to accept and must cancel. Rawlings reserves the right, at Rawlings sole discretion, to refuse service to any customer or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Rawlings' credit department. Rawlings will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped but if your order is canceled after your credit card has been charged, Rawlings will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchase. Tax exemption certificates cannot be accepted on these orders.



Shipping Charges

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. Rawlings offers shipping within the United States, U.S. territories, and to APO/FPO. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs, unless otherwise stated. Upon shipment, Rawlings may, but is not obligated to, email to you a tracking number.



Products, Services and Specifications

All features, content, specifications, products and services described or depicted on this Site are subject to change at any time without notice. All reasonable measures are taken to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. Rawlings cannot guarantee that your monitor will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.



Exchanges, Refunds, and Returns

Merchandise must be returned within 30 days of receiving the order. Refunds will be credited for the purchased price along with any applicable taxes. Please contact the Rawlings Customer Service department via email at service@RawlingsGear.com if you have any questions regarding on-line purchases or require warranty service.



Product Warranty

Please refer to your product or its packaging for the terms and conditions of any limited warranty for your purchase. If a warranty is offered, the warranty is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. Keep the original sales receipt. Proof of purchase is required to obtain warranty performance. No dealer, service center, retail store or other third party has the right to alter, modify or in any way change the terms and conditions of the warranty. The warranty, if any, included with your purchased product is your exclusive warranty.



Disclaimer

THIS SITE IS PROVIDED BY RAWLINGS ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAWLINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT(S), SERVICES OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAWLINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.



Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL RAWLINGS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF RAWLINGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RAWLINGS BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. Any cause of action you may have with respect to your use of this Site and the Content(s) of each must be commenced within one (1) year after the claim or cause of action arises.



Links to Third Party Websites

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Rawlings endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Rawlings makes no warranty or representation regarding any linked website.



Linking to the Rawlings Site

All links to the Rawlings Site must be approved in writing by Rawlings, except that Rawlings consents to links in which: (i) the link is a text-only link containing only the name "Rawlings"; (ii) the link "points" only to www.RawlingsGear.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and, (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Rawlings nor be such as to damage or dilute the goodwill associated with the name and trademarks of Rawlings. Rawlings reserves the right to revoke this consent to link at any time in its sole discretion.



Revisions to Terms of Use and Website

Rawlings reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time and from time to time. Changes to these Terms of Use will be effective when such changes are posted to the Site. Your continued use of this Site after any change will be considered acceptance of those changes. Rawlings may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and from time to time. Rawlings may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Rawlings may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Content(s) which you may have downloaded.



Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):



International Users

This Site is controlled, operated and administered by Rawlings from its offices within the United States of America. Rawlings makes no representation that materials at this Site is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content(s) in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations. Products purchased through Rawlings will not be shipped to any location outside of the United States, U.S. territories, or APO/FPO.



Choice of Law

These Terms of Use constitute the entire agreement between Rawlings and you with respect to your use of this Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be governed by the laws of the state of Missouri, United States of America without regard to its laws on conflicts of law, and the federal law of the United States of America. You acknowledge that the provisions of the United Nations Convention on Contracts for the International Sale of Goods are not applicable to any transaction with Rawlings. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in St. Louis, Missouri, United States of America.



Website Security

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Rawlings will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.



Rawlings reserves the right, without obligation, to take any of the following actions in Rawlings sole discretion at any time and for any reason without giving you any prior notice:



You agree that Rawlings will not be liable to you or any third party for taking any of these actions.



Copyright Violation Notice

If you feel the content of this Site violates your copyright, please send a notice of the violation to: General Counsel, Rawlings Website, 2381 NW Executive Center Drive, Boca Raton, FL 33431.



Your notice must include (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. ยง 512(c)(3)), Rawlings will act expeditiously to remove or disable access to any Content(s) that is claimed to be infringing upon the copyright of any person under the laws of the United States.