Boating Savings is part of the Redcats USA family of
companies, which currently includes 13 different brands. In order to help our customers better understand
our policies regarding the collection and use of information as well as our general terms of use,
Redcats USA has created one standardized Privacy Policy and Terms Of Use that will apply to all our brands.
Accordingly, Boating Savings
has revised its Privacy Policy and Terms of Use as of February 2, 2012.
Your privacy is important to us and we are committed to protecting your privacy.
The purpose of this Privacy Policy is to assist you in understanding the type of personal information
we may collect from you, how such information may be used, the choices that are available to you concerning
the use of your information and your ability to correct or modify the information you have provided us.
If you have any questions or concerns about our Privacy Policy, you may email us at
PrivacyOfficer@RedcatsUSA.com.
We welcome your feedback and suggestions to help us improve our policies and practices.
This Privacy Policy is only applicable to customers in the United States.
Our Privacy Policy addresses the following:
- Who is Redcats USA?
- What Information Does Redcats USA Collect?
- How Does Redcats USA Use the Information Collected?
- What Information Is Shared And With Whom Is It Shared?
- Does Redcats USA Use Third-Party Advertising?
- How Can I Access and Correct Information Collected?
- How Can I Opt Out of Receiving Further Communications From Redcats USA?
- How to be Removed from a Paper Catalog Mailing List?
- How to Unsubscribe from Email Marketing List?
- Are Redcats USA Division Credit Cards Available?
- Does Redcats USA Send Unsolicited Promotional Emails?
- How Does Redcats USA Safeguard the Information Collected?
- How Secure Is My Online Transaction?
- Does Redcats USA Use Cookies?
- Does Redcats USA Aggregate Information?
- What is Redcats USA's Policy with Respect to Data Collection from Children?
- Whom Do I Contact If I Have Additional Questions or Concerns About This Policy?
- Links to Other Websites
- Policy Changes
- Terms Of Use
- Taxes
Redcats USA, a member of the Redcats Home Shopping Division of the PPR® group,
encompasses a group of home shopping brands that offer value-priced home goods,
apparel from regular to extended sizes for women and men, and sporting goods.
Redcats USA brands include such well-known names as Avenue®, Jessica London®,
Woman Within® and Roaman's® for women’s extended size footwear and apparel sizes
12W & up; KingSize® offering men’s big & tall apparel from XL to 10XL, shoes to size
18EEEEEE; BrylaneHome®, offering home textile fashions and decorative accessories;
BrylaneHome Kitchen®, your source for unusual and hard-to-find kitchen and home essentials,
super-efficient gadgets, utensils, state-of-the-art cookware, cleaners, organizers,
decorating accessories, bathroom fixer-uppers and much more. Our two outlet sites offer
discounts up to 80%. Bargain Catalog Outlet™ and OneStopPlus™ offer a variety of women’s
and men’s plus-size apparel and home fashions. Redcats USA’s brand portfolio also contains
leading sporting goods divisions such as The Golf Warehouse™, The Sportsman’s Guide®,
Bargain Outfitters® and Baseball Savings.com®. The Golf Warehouse offers golf equipment
and accessories. The Sportsman’s Guide makes available value-priced outdoor gear and
general merchandise. Bargain Outfitters offers top quality name brand gear, clothing and
footwear. Baseball Savings.com offers baseball equipment, apparel, shoes, accessories
and team logos. With this strong family of brands, many of which have been in existence
for over 75 years, Redcats USA is one of the leading multi-channel retailers in the
United States, and part of an international family of brands that make PPR a world leader
in distribution to consumers and businesses. For Redcats USA brands' contact information
Click Here.
-
Redcats USA collects information you provide to us about yourself to serve your needs. For example,
if you place an order, or simply register on our site, you will provide to us your name, address,
email address, phone number and credit card or other payment related information. When purchasing
age-restricted products you will also be asked for your birth date. Of course, if
you are placing an order, you will need to know the product(s) you wish to purchase.
Whether you choose to provide us with this information is completely voluntary. If,
however, you do not choose to provide such information you may not be able to
purchase products from us or access certain services and/or portions of our websites.
-
Redcats USA also collects information you voluntarily submit when participating in
one of our various services, promotions, programs or surveys. From your transactions and
other interactions with us, we obtain information concerning the specific products or
services you purchase or use.
-
Redcats USA also receives information about you from other companies, including,
but not limited to information on your creditworthiness for private label credit card
offers and products you may be interested in purchasing.
Redcats USA is a highly ethical company and requires the highest standard of conduct
from our employees and business partners. As members of the Direct Marketing Association
(DMA), the largest association for consumers and businesses interested in direct
marketing, we adhere to the Guidelines for Ethical Business Practice, Shopping and
Consumer Rights and the DMA's Privacy Promise. Questions about compliance with the DMA's
Privacy Promise should be directed to
PrivacyOfficer@RedcatsUSA.com.
Redcats USA uses the information collected as follows:
-
To process and complete your purchase transactions and provide the services you request;
-
To send you catalogs and other offerings to you via the mail;
-
To contact you about the status of your orders;
-
To identify your product and service preferences, so that you can be informed of new or additional
products, services, and promotions that might be of interest to you;
-
To notify you of product recalls or provide other information concerning products you have purchased;
-
To improve our merchandise selections, customer service, and overall customer shopping experience;
-
For third-party advertising as described below Click Here.
- Redcats USA Family of Brands: Redcats USA is a family of direct mail catalogers and e-tailers, including, Woman Within, Roaman’s, Avenue, Jessica London, KingSize, BrylaneHome, BrylaneHome Kitchen, The Golf Warehouse, The Sportsman’s Guide and the outlet brands: Bargain Catalog Outlet and One Stop Plus. The parent of Redcats USA Family of companies is the French entity PPR. Individual Redcats USA brands share collected information (for example, postal addresses and telephone numbers) within the Redcats USA family and other entities within the PPR group of companies. Your email address is not shared within Redcats USA family of brands or the PPR group of companies.
- Third-Party Offers: Redcats USA provides information (for example, postal addresses and telephone numbers) to certain outside companies and marketing partners so they can let our customers know about products or services that might be of interest to you. Your email address is not shared with such entities.
- Third-Party Advertising: see below Click Here.
- Legal Disclosures: if Redcats USA is required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, in response to law enforcement inquiry or in compliance with applicable laws, Redcats USA will make such disclosure. Redcats USA also reserves the right to share information with legal authorities and other companies for purposes of fraud protection. In the event the ownership of all or a part of a business within the Redcats USA Family were to change, customer information pertinent to that business’s operations would likely be transferred to, or licensed for use by, the new owner.
- Redcats USA Credit Card Accounts: we may share your information with the bank that issues Redcats USA division credit card accounts, World Financial Network Bank. Shared information includes the date of the order, the type of payment, the amount of the order, whether there is any deferred billing and similar items.
If you do not want us to share your personal information within the Redcats USA family of brands,
the PPR group of companies and third parties for promotional purposes, you may specify your preferences
by
Clicking Here.
Boating Savings uses a third-party advertising company, Akamai Technologies, Inc.,
a member of the Network Advertising Initiative, to serve our ads across the Internet
and sometimes on this site. This company collects anonymous (i.e., non-personally
identifiable) information about your visits to our site and your interaction with our
products and services in order to serve more relevant ads. These targeted
advertisements may appear on our site or on other sites that you visit. The anonymous
information is collected through the use of a pixel tags, cookies or other techniques.
No personally identifiable information is collected in this process.
If you do not want this company to collect this information, you may opt-out.
To opt-out, please
Click Here
You can update or correct your name, address, telephone number or email address anytime
by visiting our websites and clicking on the My Account or Login link at the top of our
websites and registering/logging in with your username/email address and password.
You can also call, write, fax or email us to access or correct any of this information.
See the table below to update your information with any or all of our brands.
|
Brand
|
Edit Information Online
|
Postal Address
|
Customer Service Number
|
Fax Number
|
|
Avenue
|
Please visit My Account
Section on www.avenue.com
|
Avenue, Jessica London
PO Box 8320
Indianapolis>, IN 46283-8320
|
(800) 441-1362
TDD Hearing Impaired:
(800) 978-8798
|
(800) 448-5767
|
|
Bargain Catalog Outlet
|
Please visit
My Account on www.bcoutlet.com
|
BCO
PO Box 8320
Indianapolis, IN 46283-8320
|
(888) 289-2815
TDD Hearing Impaired:
(888) 355-3096
|
(888) 355-3098
|
|
Bargain Outfitters
|
N/A
|
The Sportsman’s Guide, Inc.
411 Farwell Avenue South
St. Paul, MN 55075
|
(888) 844-0667
|
Not available
|
|
BrylaneHome
|
Please visit
My Account on
www.brylanehome.com
|
BrylaneHome
PO Box 8320
Indianapolis, IN 46283-8320
|
(800) 677-0339
TDD Hearing Impaired:
(800) 528-5149
|
(800) 528-5152
|
|
BrylaneHome Kitchen
|
Please visit
My Account on
www.brylanehome.com
|
BrylaneHome Kitchen
PO Box 8320
Indianapolis, IN 46283-8320
|
(800) 784-8006
TDD Hearing Impaired:
(800) 528-5149
|
(800) 528-5152
|
|
Jessica London
|
Please visit
My Account on
www.jessicalondon.com
|
Avenue, Jessica London
PO Box 8320
Indianapolis, IN 46283-8320
|
(800) 441-1362
TDD Hearing Impaired:
(800) 978-8798
|
(800) 448-5767
|
|
KingSize
|
Please visit
My Account on
www.kingsizedirect.com
|
KingSize
PO Box 8320
Indianapolis, IN 46283-8320
|
(800) 677-0249
TDD Hearing Impaired:
(800) 682-8095
|
(800) 682-8109
|
|
OneStopPlus
|
Please visit the My
Account section on www.onestopplus.com
|
OneStopPlus
PO Box 8320
Indianapolis IN 46283-8320
|
(800) 400-5527
TDD Hearing Impaired:
(800) 456-7161
|
(800) 456-9838
|
|
Roaman's
|
Please visit
My Account on
www.roamans.com
|
Roaman's
PO Box 8320
Indianapolis IN 46283-8320
|
(800) 677-0229
TDD Hearing Impaired:
(800) 274-0260
|
(800) 274-3102
|
The Golf Warehouse
&
Baseball Savings.com
|
Please visit the Login
section on
www.tgw.com
|
The Golf Warehouse
8851 East 34th St.
North Wichita KS 67226
|
(888) 838-5551
|
(316)858-0456
|
|
The Sportsman’s Guide
|
N/A
|
The Sportsman’s Guide, Inc.
411 Farwell Ave. South
St. Paul MN 55075
|
(888) 844-0667
|
(800)333-6933
|
|
Woman Within
|
Please visit the My
Account section on
www.womanwithin.com
|
Woman Within,
PO Box 8320
Indianapolis IN 46283-8320
|
(800) 677-0216
TDD Hearing Impaired:
(800) 456-7161
|
(800) 456-9838
|
Any request to update your personal information may take up to 30 days for email requests and up to 60 days for mail and phone requests.
How to Be Removed from a Paper Catalog Mailing List
You can contact us by mail, phone or email at the relevant address or phone number listed on the above table for the specific brand from whom you wish to stop receiving paper catalogs. Please make sure to provide us with your exact name and address or the mailing label from your catalog so that we can identify you correctly.
We will make every effort to implement any choice you make as soon as possible, but you should allow approximately three months for mailing change requests to be fully implemented. Any mailings that you may receive during this time do not reflect your subscription status, and we ask that you please disregard them.
How to Unsubscribe from an Email Marketing List
To be removed from all of the email solicitation lists within the Redcats USA family of companies and to request that your information not be shared with third parties for direct marketing purposes, please Click Here.
You will be removed from receiving future email solicitations, though you will still receive any email solicitations processed before this request was received. Please know that it may take up to 7 days to remove you from our emailing solicitation lists. If you choose to be removed from our emailing solicitation lists you will still continue to receive order and confirmation emails as well as emails relating to your other transactions. We will also no longer share your information with third parties for direct marketing purposes.
You can contact us by mail, phone or email at the relevant address or phone number listed on the above table for the specific brand from whom you wish to stop receiving paper catalogs. Please make sure to provide us with your exact name and address or the mailing label from your catalog so that we can identify you correctly.
We will make every effort to implement any choice you make as soon as possible, but you should allow approximately three months for mailing change requests to be fully implemented. Any mailings that you may receive during this time do not reflect your subscription status, and we ask that you please disregard them.
To be removed from all of the email solicitation lists within the Redcats USA family of companies and to request that your information not be shared with third parties for direct marketing purposes, please Click Here.
You will be removed from receiving future email solicitations, though you will still receive any email solicitations processed before this request was received. Please know that it may take up to 7 days to remove you from our emailing solicitation lists. If you choose to be removed from our emailing solicitation lists you will still continue to receive order and confirmation emails as well as emails relating to your other transactions. We will also no longer share your information with third parties for direct marketing purposes.
Yes. You can apply for a BrylaneHome (includes BrylaneHome Kitchen), Avenue, Jessica London, KingSize, Woman Within, Roaman’s and OneStopPlus.com, OneStopPlus.com Visa or The Sportsman’s Guide Buyer’s Club Advantage Rewards Visa Card account issued by World Financial Network Bank to receive special offers and participate in exclusive brand benefits.
When you apply for one of these credit cards online, you provide your financial and personal information needed to process your application directly to World Financial Network Bank. Redcats USA is independent of and not affiliated with World Financial Network Bank.
To obtain a privacy policy, opt-out information, or contact information, for any Redcats USA private label credit card or Visa® Card accounts, you may contact the issuer of your card, the World Financial Network Bank, by clicking through to the links provided below:
Avenue
Jessica London
BrylaneHome (includes BrylaneHome Kitchen)
KingSize
OneStopPlus.com
OneStopPlus.com Visa
Roaman's
The Sportsman’s Guide Buyer’s Club Advantage Rewards Visa Card
Woman Within
No. Redcats USA only sends marketing email offers to customers who agree to receive them.
Our online order form contains a pre-checked box signifying your consent to receive promotional emails.
If you do not wish to receive such emails, please un-check the box.
If you are not placing an order and would like to request occasional promotional email offers,
notifying you of special deals, web-only offers and product previews, you may sign up for Email Offers on this
website, or call, fax or write us at the addresses listed above.
Click Here For More Information
To remove your name from any email offer list, you may click the unsubscribe link in any
of our marketing emails you receive, login to the Account Settings under the My Account
or Login section of the website in question and email us that you want to unsubscribe,
or contact the Customer Service Center for the specific brand. To remove your name from
all our marketing emails,
Click Here.
Registered website users who have purchased from one of our websites will receive standard order status communications, such as order confirmation, shipping dates, etc. via email at the registered email account the user has designated. Your choice to opt-in or opt-out of promotional emails will not affect the order status and registration service.
We may offer from time to time referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, email addresses, names, street addresses and other contact information so that they may receive information and/or promotional offers. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose.
Redcats USA protects against unauthorized disclosures by limiting access only to those of our employees who need the information to do their jobs. Redcats USA employees are trained about their responsibility to protect our customers’ privacy. We limit the information we provide to outside companies to only the information we believe is appropriate to enable them to carry out their responsibilities under our contracts or to offer you products and services we think might be of interest to you. We contractually require that the information provided be used only for the specifically authorized purpose and that its confidentiality be maintained.
It is very secure. We use highly sophisticated technology to ensure that your shopping
experience will be safe and secure. We encrypt your personal information, including your
name, address, and credit card number when transmitting over the Internet using Secure
Socket Layer (SSL) security software. We constantly update our security procedures and
enhance our site to meet the very latest encryption standards. We retain a third party
security firm to audit our procedures to ensure compliance with these standards. All of
your sensitive information is scrambled before, during and after your order is placed on
our site.
You may notice an unbroken key 
or a closed lock 
at the bottom of the page when you
enter our "check-out" page. This means that your browser has opened a secure connection
with our site! You can also check by looking at the URL line of your browser. When
accessing a secure server, the first characters of the site address will change from
"http" to "https".
PLEASE NOTE THAT NORMAL EMAIL (SUCH AS USING CONTACT US OR YOUR HOME EMAIL) IS NOT
ENCRYPTED AND THUS IS NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR
ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE.
Yes. Redcats USA uses cookies to enhance the browsing and shopping experience on the
Redcats USA family of brands’ websites. Cookies are small files or records that we place
on your computer’s hard drive to collect information about your activities on the
Redcats USA sites. There are absolutely no personally identifiable pieces of information
stored anywhere in these files, and they are used solely by Redcats USA to enhance your
shopping experience and to allow us to serve you better in the future. These cookies
transmit information back to the computers at Redcats USA’s family of brands; these
computers are, generally speaking, the only computers which are authorized to read
such information. The information captured makes it possible for us (i) to speed
navigation, keep track of items in your shopping cart, and provide you with custom
tailored content; (ii) to remember information you gave to us so you don’t have to
reenter it each time you visit the Redcats USA sites; (iii) to monitor the effectiveness
of some of our marketing email campaigns; and (iv) to monitor total number of visitors,
pages viewed, and the total number of visitors served.
Boating Savings uses Omniture and other service providers to help gather and
analyze information about our customers (anonymous traffic, and from time to time,
individual user activity) on our website. These service providers’ only role is to
help us conduct our business and deliver the most relevant products and services.
They are not permitted to use your personally identifiable information for any secondary
purpose.
Most people do not even know that cookies are being placed on their computers when they
visit the Redcats USA family of brands’ sites or most other websites because web
browsers are typically set to accept cookies. You can choose to have your browser warn
you every time a cookie is being sent to you or you can turn off cookie acceptance
altogether. However, if you refuse cookies, you will be unable to order from the
Redcats USA sites using the Shopping Cart. You will still be able to browse our
selection, but the order process requires that your Web Browser be set to allow cookies.
Moreover, by not allowing cookies, your overall Internet browsing experience could be
adversely affected.
Yes. Redcats USA collects non-personal information about how users navigate through our
websites. This statistical information is gathered in order to improve the Redcats USA
sites. This information may be shared with Redcats USA affiliates or other outside
companies. This aggregated statistical and navigational information does not include
individual names, personal data or account information, so it does not identify you
or any other customer.
Redcats USA takes care to protect the privacy and safety of children. Our websites are
not directed or targeted to children under the age of 13 and we do not knowingly collect
any personal information from children under the age of 13 on our websites. We do not
permit anyone under the age of 13 to register with us. If you are under the age of 13,
you are welcome to browse our websites. However, you are not permitted to use any
features of our site that require the collection of any personally identifiable
information. If we learn that we have obtained personal information from a child
under the age of 13, we will use reasonable efforts to immediately delete that data
from our records.
If you have any questions or concerns about this policy, please contact
PrivacyOfficer@RedcatsUSA.com.
Redcats USA occasionally provides links on our websites to other non-affiliated websites
to enhance your shopping experience. These other websites operate independently from
Redcats USA and will have their own privacy and security policies. We strongly encourage
you to review these policies at any website you visit. Redcats USA does not take
responsibility for such non-affiliated websites.
Redcats USA may from time to time make changes to its Privacy Policy to reflect changes
in its privacy practices. Accordingly, Redcats USA reserves the right to revise or
modify this Privacy Policy in whole or in part at any time. We will inform you of any
update to our Privacy Policy by posting a notice on our website/s. The effective date of
the updated policy will be the date posted on the notice. The updated policy shall
replace any prior policies and will be applicable to all current and past users of our
websites. This Privacy Policy was last updated on June 30th, 2010.
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site, you signify your
agreement to these terms of use. If you do not agree to these terms of use, please
do not use this site. This site is owned and operated by Redcats USA. Redcats
USA
reserves the right, at its sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Such changes and/or modifications shall
become effective immediately upon the posting thereof. Please review the terms and
conditions periodically. Your continued use of the site following the posting of
changes and/or modifications will constitute your acceptance of the revised terms
and conditions.
ACCEPTABLE USES
You may use this site
for legitimate shopping purposes only. You may not harm the site in any way or otherwise
use the site in any improper manner, including, but not limited to hacking into
the site’s systems, spoofing or faking email headers or slowing or stopping the
functionality of the site. In the event you register and/or purchase product, you
agree to: (a) provide true, accurate, current and complete information about yourself
as prompted by the registration form. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Redcats USA suspects, for any reason,
that such information is untrue, inaccurate, not current or incomplete, Redcats
USA, in its sole discretion, has the right to suspend or terminate your account
and refuse any and all current or future use of the site. You will create a password
and account designation upon completing the registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to (a) immediately
notify Redcats
USA
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Redcats
USA
will not be liable for any loss or damage arising from your failure to comply with
this paragraph.
RESTRICTIONS ON USE OF MATERIALS
This site contains copyrighted
materials, trademarks and other proprietary information, including, but not limited
to, text, photos and graphics, the worldwide rights to which are owned by Redcats
USA, its related entities, parents and its licensors or licensees. You may not use,
copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute,
or modify any contents of this site in any way, except that you may download one
copy of such contents on any single computer for your personal, non-commercial use
only, provided you do not alter or remove any copyright, trademark, author attribution
or other proprietary notices and legends.
DISCLAIMER
THIS SITE AND ALL MATERIALS
CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REDCATS
USA DOES NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE (INCLUDING PRICING AND
OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR THAT ANY
ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT
DETAILS WILL BE HONORED; (B) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE
WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL REDCATS
USA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE
OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE
OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF REDCATS USA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LINKS
THIS SITE MAY PROVIDE,
OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE
REDCATS USA HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE
THAT REDCATS USA IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES
OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT,
ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT REDCATS USA SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY
OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
INDEMNIFICATION
You agree to indemnify,
defend, and hold harmless, Redcats USA, its affiliates, parents, and their respective
officers, directors, employees, agents, licensors, representatives, and third party
providers to the site from and against all losses, expenses, damages, and costs,
including reasonable attorneys’ fees, resulting from any violation of this agreement
by you. Redcats
USA
reserves the right to assume, at its sole expense, the exclusive defense and control
of any matter subject to indemnification by you, in which event you’ll fully cooperate
with Redcats
USA
in asserting any available defenses.
UNSOLICITED SUGGESTIONS AND CUSTOMER SUBMISSIONS
Please note that any suggestions,
materials, ideas or comments submitted to Redcats
USA
shall be deemed as not confidential. You hereby grant Redcats USA an irrevocable
and unrestricted license to use, modify, reproduce, transmit, display and distribute
such materials, information, suggestions, ideas or comments (other than your name)
for any purpose whatsoever, and you represent and warrant to Redcats USA that no
such submissions will violate or infringe upon any copyright, trademark, or any
other intellectual property or other rights (including but not limited to defamation
or invasion of privacy) of any person or entity. All such submissions are subject
to the DMCA notice-and-take-down procedure described below.
JURISDICTION AND GOVERNING LAW
This site is controlled
and operated by Redcats
USA
from its offices in the State of New York, United States of America. The privacy
policy and terms of use are managed by Redcats
USA
from its offices in the State of
Indiana
,
United States of America
. Although this site can be accessed from other locations, by accessing this site
you agree that these terms of use shall be governed by and construed in accordance
with the laws of the State of
Indiana
, without giving effect to its conflicts of law principles. You also irrevocably
consent to personal jurisdiction in the City and State of Indianapolis, Indiana
for any dispute arising hereunder. This site is intended for residents of the
United States
only. No software from this site may be downloaded, exported or re-exported in violation
of any law including, without limitation, to countries that are subject to
U.S.
export restrictions.
DISPUTES
Any dispute relating in any way to
your visit to the Site or to the products you purchase through the Site shall be
submitted to confidential arbitration in Indianapolis, Indiana, except that to the
extent you have in any manner violated or threatened to violate our intellectual
property rights, we may seek injunctive or other appropriate relief in any state
or federal court in the State of Indiana. You hereby irrevocably consent to, and
waive all defenses of lack of personal jurisdiction and forum non conveniens with
respect to venue and jurisdiction in the state and federal courts of
Indiana
and arbitration in
Indianapolis, Indiana
. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial
Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's
award shall be final and binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class action proceedings or otherwise.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of, related to or connected with the use of the Site or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever banned.
TERMINATION
All of these terms of
use are material. Upon any breach by you of any such term, your right to access,
download and otherwise use this site, all materials obtained from this site and
all copies thereof shall immediately terminate.
OTHER
If any of these terms
of use is unlawful, void, or for any reason unenforceable, then that term shall
be deemed severable from the other terms and shall not affect the validity and enforceability
of any remaining terms. These terms of use constitute the entire agreement between
Redcats USA and you relating to the subject matter herein. REDCATS USA shall have
the right to change or modify these terms of use at any time.
NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT
If you wish to notify Redcats USA of an alleged copyright infringement for material
posted on our site, to be effective, your notice must be a written communication
to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright
Act. Please consult your legal advisor. Your notice must include substantially the
following:
1. A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
2. 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.
3. 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 us to locate the material. The best method is to provide a
URL in the body of an email.
4. Information reasonably sufficient
to permit us 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.
5. 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.
6. 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.
Such written notice should be sent
to our designated agent as follows:
DMCA Complaints
c/o Office of the General Counsel
Redcats USA
2300 Southeastern Ave.
Indianapolis, IN 46201
Email: GeneralCounsel@RedcatsUSA.com
Please also note that under Section
512(f) any person who knowingly materially misrepresents that material or activity
is infringing may be subject to liability.
COUNTER-NOTIFICATION
If you elect to send us a counter-notice, to be effective, your counter-notice must
be a written communication to our designated agent that complies with Section 512(g)(3)
of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice
must include substantially the following:
1. A physical or electronic signature
of the subscriber.
2. Identification of the material
that has been removed or to which access has been disabled and the location at which
the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury
that the subscriber has a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address,
and telephone number, and a statement that the subscriber consents to the jurisdiction
of Federal District Court for the judicial district in which the address is located,
or if the subscriber's address is outside of the United States, for any judicial
district in which the service provider may be found, and that the subscriber will
accept service of process from the person who provided notification under subsection
(c)(1)(C) or an agent of such person.
Such written notice should be sent
to our designated agent as follows:
DMCA Complaints
c/o Office of the General Counsel
Redcats USA
2300 Southeastern Ave.
Indianapolis, IN 46201
Email: GeneralCounsel@RedcatsUSA.com
Please note that under Section 512(f)
of the Copyright Act, any person who knowingly materially misrepresents that material
or activity was removed or disabled by mistake or misidentification may be subject
to liability. Please also be advised that we enforce a policy that provides for
the termination in appropriate circumstances of subscribers who are repeat infringers.
TAXES
We do not collect sales or use taxes in all states. For states imposing sales or use taxes,
your purchase is subject to use tax unless it is specifically exempt from taxation. Your
purchase is not exempt merely because it is made over the Internet or by other remote means.
Many states require purchasers to file a sales/use tax return reporting all of the taxable
purchases that were not taxed and to pay tax on those purchases. Details of how to file these
returns may be found at the websites of your respective taxing authorities.
Effective Date and Policy Changes
Redcats USA may from time to time
make changes to its Terms of Use. Accordingly,
Redcats USA reserves the right to revise or modify these Terms of Use in whole or
in part at any time. We will inform you of any update to our Terms of Use by posting
a notice on our website/s. The effective date of the updated Terms of Use will be
the date posted on the notice. The updated Terms of Use shall replace any prior
terms and will be applicable to all current and past users of our websites. These
Terms of Use were last updated on February 2, 2012.