Terms & Conditions
- Use of Material
- Web Site Access, Security and Restrictions; Passwords
- Trademarks, Logos, and Service Marks
- Website Content
- Limitation of Liability ; Disclaimer of Certain Damages
- Order Acceptance
- Online Payments
- Links to Other Sites
- User Generated Material, Reviews, Feedback and other Postings to the Web Site
- Export Control
- Dispute Resolution and Arbitration
- Information for California Residents
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, including, without limitation, the files, text, graphics, images, audio, video and other materials accessed through or made available for use or download, 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. You may not frame or utilize framing techniques to enclose, or allow deep linking to, any name, trademarks, service marks, logos, Material or other proprietary information (including images, text, page layout, or form) of the Company without our express written consent.
Web Site Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for Your use or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Web Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Web Site, deep-link to any feature or content on the Web Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Web Site.
Violations of system or network security may result in civil or criminal liability. The Company 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 Web Site or any activity being conducted on this Web Site.
In the event access to the Web Site or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by the Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Web Site may be revoked by the Company at any time with or without cause.
Trademarks, Logos, and Service Marks
All trademarks, service marks, trade names, logos, trade dress, icons and domain names (collectively "Marks") located on this Web Site are the property of the Company, its parent or affiliate entities, their respective licensors or other third parties. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Marks of the Company or its parent or affiliate entities in any way, without the Company's prior express written consent. The use of any of the Marks on any other web site or network computer environment, for example, the storage or reproduction of the Web Site (or any part of) in any external internet site is prohibited, without the express written consent of the Company. Certain other trademarks, service marks, and logos provided on the Web Site are the trademarks or service marks of a third party and may not be used, copied or reproduced without the permission of the owner. If you would like information about obtaining the Company's permission to use the Material on your Web site, e-mail email@example.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.
The copyright in all material provided on this Web Site is held by the Company or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Web Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the Materials.
Although the Company attempts to ensure the integrity and accurateness of the Web Site, it is possible that the Web Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Web Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Information contained on the Web Site may be changed or updated without notice. Additionally, the Company shall have no responsibility or liability for information or Material posted to the Web Site from any non-Company affiliated third party.
The Company has made efforts to accurately display the colors of our products that appear on the Web Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR OPERATE ERROR-FREE, THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED, 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.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY THE COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability ; 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, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, WEB-SITE RELATED SERVICES, AND/OR LINKED WEB SITES IS TO STOP USING SUCH WEB SITE AND/OR THOSE SERVICES. 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.
The Company reserves the right, at the Company's sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. 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 our credit and fraud avoidance department and/or third party service provider. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
You can purchase products and/or services on the Web Site. The Company accepts credit cards and debit cards through a third party credit processing provider. If a credit card account is being used for a transaction, the Company may obtain preapproval for an amount up to the amount of the payment.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Links to Other Sites
The Web Site may contain 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.
User Generated Material, Reviews, Feedback and other Postings to the Web Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Web Site ("User Generated Material"), you agree not to provide any User Generated Material that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to the Company that you have the legal right and authorization to provide all User Generated Material to the Company for the purposes and the Company's use as set forth herein. The Company shall have a perpetual, royalty-free, irrevocable, transferable right and license to use the User Generated Material however the Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Material and/or incorporate such User Generated Material into any form, medium or technology throughout the world. The Company is and shall be under no obligation (1) to maintain any User Generated Material in confidence; (2) to pay to you any compensation for any User Generated Material; or (3) to respond to any User Generated Material.
The Company does not regularly review posted User Generated Material, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Material submitted to the Web Site. You grant the Company the right to use the name that you submit in connection with any User Generated Material. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Material. You are and shall remain solely responsible for the content of any User Generated Material you make. The Company and its affiliates take no responsibility and assume no liability for any User Generated Material submitted by you or any third party.
You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by the Company arising out of any User Generated Material you post or allow to be posted to the Web Site.
You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by the Company arising out of your breach of these Terms or violation of applicable law, your use or access of the Web Site, or access by anyone accessing the Web Site using your user ID and password.
You acknowledge that the Materials and products and services which are provided and/or sold on the Web Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Web Site, you agree to abide by the applicable laws, rules and regulations (including, but not limited to the Export Administration Act and the Arms Export Control Act) and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless the Company from all claims, demands, damages, costs, fines, penalties, attorneys' fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, anti boycott, or economic sanctions laws and regulations.
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.
Dispute Resolution and Arbitration.
Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, you and the Company agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. You and the Company both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and the Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). The Company's address for Notice is: Easton Diamond Sports, LLC., 3500 Willow Lane, Thousand Oaks, CA 91361, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, the Company will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by the Company in settlement of the dispute prior to the arbitrator's award; or (c) $1,000, whichever is greater.
Fees. If you commence arbitration in accordance with these Terms, the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. If the Company makes any future change to this arbitration provision (other than a change to the Company's address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to the Company's address for Notice, in which case your account with the Company will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If any portion of this "Dispute Resolution and Arbitration" section is found to be unenforceable or if the entirety of this "Dispute Resolution and Arbitration" section is found to be unenforceable, then the entirety of this "Dispute Resolution and Arbitration" section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and forum described in these Terms will govern any action arising out of or related to these Terms.
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 Diamond Sports, LLC.
3500 Willow Lane
Thousand Oaks, CA 91361
Pricing information: No charge is imposed by the provider to the consumer for the use of the service.
Procedures you may follow to resolve a complaint: In the event of a complaint, or to request further information, the provider may be contacted in writing at Easton Diamond Sports, LLC., 3500 Willow Lane, Thousand Oaks, California, 91361, USA, by telephone at (818) 902-5800 or by email at firstname.lastname@example.org. 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.