Thank you for using the Eastonsports.com Web site (the "Web Site"), which is provided by Easton Sports, Inc. (the "Company"). This page states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use this Web Site. Please read this page carefully. By accessing and using this Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Use of Material
The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference. You may not, without the permission of the Company, "mirror" any material contained on this Web Site on any other server.
The contents of this Web Site, such as text, graphics, images, audio, video and other material as well as the domain names, tagline, organization and user look-and-feel of this Web Site (collectively, the "Material"), are protected by copyright, trademark and other such laws under both United States and foreign laws, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by the Company or third parties. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your Web site, e-mail legal@eastonsports.com.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Company's Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Certain Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Links to Other Sites
The Web Site contains links to third party Web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Limitation of Liability
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
User Information
The Company may use the information it obtains relating to you, including, but not limited to, your Internet Protocol ("IP") address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
General
The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California without respect to its conflict of laws principles. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the United States District Court for the District of Los Angeles, or any California State court sitting in Los Angeles County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
Notice: Acceptance of Terms and Conditions of Use
Use of this Site is subject to certain Terms and Conditions of Use, which constitute a legal agreement between you and the Company. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use. Please review the Terms and Conditions of Use, and if you do not agree to the terms, do not use this Site.
Information for California residents:
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Provider of service: Easton Sports, Inc., 7855 Haskell Ave. Suite 200, Van Nuys, California, 91406, USA, telephone number (818) 782-6445.
Pricing information: No charge is imposed by the provider to the consumer for the use of the service.
Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at Easton Sports, Inc., 7855 Haskell Ave. Suite 200, Van Nuys, California, 91406, USA, by telephone at (818) 782-6445 or by email at customerservice@eastonsports.com. Any complaint not resolved between the provider and the consumer may be brought to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254.
PRIVACY PRACTICES AND DATA SECURITY
Your right to privacy and data security is a primary concern of the Company. When you visit this Web Site, we help you maintain control over your personal data on the Internet. The Company has created this Privacy Statement to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this Site - http://www.eastonsports.com.
We do gather certain information that you provide to us - some passively and some actively - and we want to ensure that all users of the Site are aware of exactly how and for what purpose that information is being used. The Company believes that the information you provide to us is integral to your enjoyment and successful use of the Site. Our collection of information enables us to provide you with a personalized web experience, and assists us in efficiently reaching an appropriate audience. The information we request is the minimum we believe necessary to achieve this goal.
Information Provided and Its Use
IP and e-mail Addresses - Our Site registers your IP and e-mail address. Your IP address is used to assist us in diagnosing problems with our server and administering our Web Site. Your e-mail address, where voluntarily provided by you through communicating with us via e-mail, or supplying such information in our interactive boxes, may be used by us to contact you with information that we believe you may find helpful or of interest. Users can always opt out of receiving future mailings from us (see below).
Cookies - Our Site uses cookies, which are pieces of information that most major Web sites transfer to your hard drive for record keeping purposes while at the site. Cookies, by themselves, do not contain any personally identifiable information. We use cookies to keep track of your selections on the Site and to help us determine which service and support information is appropriate to your machine and to optimize your experience on our Web site. They are also used to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit the Site.
Contact Information - Certain areas of the Site request contact information from users. We use the contact information you provide for marketing and promotional purposes. This information may also be used to contact you under some circumstances relating to your activity on our Web site. Again, you can always opt out of receiving future mailings from us (see below).
Demographic Information - Demographic and profile data is also collected in some areas of the Site. This data is used to tailor our users' experience at our Site, directing them to content we think may be of interest, and displaying content for which users have shown a preference.
Opt-Out/Remove/Change/Modify
Our users have the opportunity to opt-out of receiving communications from us at any time. To remove, change or modify any information you have provided to us from our database, or to no longer receive our service, please make such a request by editing your Preferred Player profile or by e-mailing webmaster@eastonsports.com or, to no longer receive communications from us, by replying to any e-mail you receive from us with the word "REMOVE" on the subject line. We will use all reasonable efforts to meet your request within seven (7) days.
Disclosure of Information
The Company will not disclose any of the information you provide us, other than as set forth in this statement, except where we are required to do so by law or to protect the rights of the Company. In addition to the disclosures set forth in this Statement, the Company may disclose certain information in the aggregate to provide more accurate information to our affiliates, partners, investors, advertisers and other third parties as may be necessary.
Contacting the Web Site
If you have any questions about this Privacy Statement, the practices of this Site, or your dealings with this Web Site, please contact legal@eastonsports.com.
You should be aware that this Site contains links to other sites. The Company is not responsible for the privacy practices or the content of such Web sites.
The Company reserves the right to change or modify this policy at any time by posting such change or modification on this page.
TRADEMARKS, LOGOS AND SERVICE MARKS
The trademarks, logos, and service marks (collectively the "Marks") listed below are trademarks of the Company and/or its affiliates. Any other Marks used on the Site are trademarks of their respective owners.
Marks used on the Site include, but may not be limited to, the following:
Easton
Easton Sports
Easton Sports, Inc.
Eastonsports.com
Oval E Logo