TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING BAUER HOCKEY ("BAUER") DIGITAL TOOLS WHICH INCLUDE THE BAUER HOCKEY WEBSITE ("Website") AND BAUER ANDROID AND IOS MOBILE APPLICATIONS ("Mobile Applications"). All users of the Bauer Website and Mobile Applications agree that access to and use of these digital tools is subject to the following Terms of Use (“Terms”) and other applicable laws. If you do not agree to these Terms, please do not use this Website or Bauer Mobile Applications.

PRIVACY POLICY

Your use of the Bauer Website or Bauer Mobile Applications is subject to the terms of BAUER’s Privacy Policy.

INTELLECTUAL PROPERTY

All intellectual property on the Bauer Website and Bauer Mobile Applications (except for any user generated content) is owned or licensed by BAUER and/or its affiliates. All rights to the intellectual property on this Website are reserved. Any use of the trademarks or other intellectual property on this Website or used on Bauer Mobile Applications without express written authorization is strictly prohibited. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website and Mobile Applications solely for your own non-commercial use or to purchase BAUER products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content used on the Bauer Website or within the Bauer Mobile Applications is strictly prohibited, unless authorized by BAUER. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

Copyright Infringement Claims

If you believe in good faith that materials available on the Bauer Website or Bauer Mobile Applications infringe your copyright, you may send us a written notice by mail or e-mail, requesting that BAUER remove such material or block access to it. Please refer to http://www.copyright.gov/ for details.

Notices and counter-notices must be sent in writing to BAUER’s registered DMCA agent as follows:

Bauer Hockey
DMCA Agent
100 Domain Drive
Exeter, NH 03833
DTC@bauer.com

You must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

  • A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
  • Specific identification and description of each copyrighted work claimed to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
  • A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.

NHL TRADEMARKS

NHL and the NHL Shield are registered trademarks of the National Hockey League. All NHL logos and marks and team logos and marks depicted herein are the property of the NHL and the respective teams and may not be reproduced without the prior written consent of NHL Enterprises. © 2021. All Rights Reserved.

USER CONTENT

The Website and Mobile Applications may allow you and other users to provide content, including ratings, reviews, comments, images, videos or any other type of media (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content.

You must only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content for any reason.

You will not submit User Content that:

  • may cause injury to any person or entity;
  • is false or misleading;
  • infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • violates anyone’s rights to privacy or publicity;
  • violates any law or regulation;
  • includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing;
  • is inconsistent with the safe and proper use of any BAUER product or service;
  • or promotes commercial activities and/or sales without our prior written consent.

You should not submit User Content that includes personally identifiable information about yourself or any other person, unless the Services specifically request that you provide such information.

Other than your personal information (for example, your full name, address, and email address), you grant us and our authorized third-party retailers and affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content.

You acknowledge that all your User Content may be used and shared by us with third parties. You further unconditionally and irrevocably waive, and consent to conduct which may otherwise infringe, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have. In particular, you consent to any amendments, deletions from and use of your User Content, including any which fail to attribute any authorship to you.

If you provide us with any ideas, proposals, suggestions or other materials relating to the Website, Mobile Applications or any other BAUER products or services, BAUER may use the feedback in any manner for any purpose without restriction or compensation to you.

We welcome you to share your User Content and information about our products and services, through social media. You grant us the right to reproduce and publish your social media postings related to the Website or Mobile Applications and to use the username or social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of the social media platforms you use.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.

PROHIBITED USE

Harassment in any manner or form on the Bauer Website or Bauer Mobile Applications, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BAUER or other licensed employee, host, or representative, as well as other members or visitors on the Website or within the Mobile Applications is prohibited. You may not upload to, distribute, or otherwise publish through the Website or Mobile Applications any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or on the Mobile Applications or use the Website or Mobile Applications to solicit others to join or become members of any other commercial online service or other organization. Any use of the Bauer Website or Bauer Mobile Applications for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use the Bauer Website or Bauer Mobile Applications to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. BAUER reserves the right to monitor transmissions and investigate any alleged prohibited use of the Bauer Website and Bauer Mobile Applications and to disclose any and all information relating to such prohibited use.

PURCHASES

Product availability

We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service and sometimes an item may not be available. In that case, we (and our authorized third-party retailers) may cancel your order or contact you for follow-up. We reserve the right to discontinue selling any product or service at any time without notice. Please see our Payment & Shipping and Return & Exchange policies for more information.

Pricing

In the event of a pricing or other error, we (and our authorized third-party retailers) reserve the right to revoke offers, cancel orders, and correct errors or omissions, including after an order has been placed. Prices may differ from other promotional prices we or others make available online or other retailer prices in your area. In some cases, intermediate markdowns may have been taken.

Additional limitations

We are not responsible for failure to fulfill orders for any reason, including causes beyond our control. We reserve the right to: (1) decline any order or limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction. Please see our Payment & Shipping and Return & Exchange policies for additional information and limitations.

PARTICIPATION DISCLAIMER

BAUER does not and cannot review all communications and materials posted to or created by users accessing the Website or Mobile Applications, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website and through our Mobile Applications, BAUER is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website or Mobile Applications. However, BAUER reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to BAUER in its sole discretion.

CONTENT SUBJECT TO CHANGE

While we try to provide the Bauer Website and Mobile Applications error-free, we do not guarantee that the Website or Mobile Applications or their content are complete, current, or error-free (including, without limitation, content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience. We try to display product colors as accurately as possible, but colors may appear differently on your screen.

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, BAUER may link to sites operated by third parties. However, even if the third party is affiliated with BAUER, BAUER has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BAUER. You should carefully review the privacy policies and terms of use posted on these third party sites. BAUER is not responsible for the content, policies, or activities of these third parties. These linked sites are for your convenience only and therefore you access them at your own risk. Nonetheless, BAUER seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but also for linked sites (including if a specific link does not work).

DISCLAIMERS AND LIMITATION OF LIABILITY

BAUER IS PROVIDING YOU WITH ACCESS AND USE OF THE WEBSITE AND MOBILE APPLICATIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BAUER MAKES NO WARRANTY THAT THE WEBSITE OR MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, BAUER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

BAUER MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE WEBSITE OR MOBILE APPLICATIONS.

BAUER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE BAUER MOBILE APPLICATIONS OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR MOBILE APPLICATIONS OR THE CONDUCT OF OTHER WEBSITE OR MOBILE APPICATION USERS (WHETHER ONLINE OR OFFLINE), EVEN IF BAUER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND OF THE MOBILE APPLICATIONS. YOUR ONLY REMEDY AGAINST BAUER FOR USE OF THE WEBSITE, MOBILE APPLICATIONS OR ANY CONTENT IS TO STOP USING THESE DIGITAL TOOLS. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, LEGAL WARRANTIES AND REMEDIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERM AND TERMINATION

You agree to these Terms of Use upon accessing the Website, a Bauer Mobile Application and/or completing any registration process. These Terms of Use or any part thereof may be terminated or modified by BAUER without notice at any time, for any reason. The provisions relating to Intellectual Property, NHL Trademarks, Participation Disclaimer, Disclaimers and Limitation of Liability, Indemnification, Severability and Miscellaneous, shall survive any termination. BAUER reserves the right in its sole discretion to terminate your account, delete your profile and any of your user generated content, and restrict your use of all or any part of the Website or Mobile Application for any or no reason, without notice, and without liability to you or anyone else. BAUER also reserves the right to block users from certain IP addresses and prevent access to the Website or to a Bauer Mobile Application.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BAUER, its parent company, affiliates as well as their respective officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website or the Mobile Application using your Internet account.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these terms shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these terms and the remaining provisions are still valid and enforceable.

EXPORT CONTROLS

You are responsible for complying with your country’s foreign export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any U.S. government lists of restricted end users.

MISCELLANEOUS

Your use of this Website shall be governed in all respects by the laws of the state of New Hampshire, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website or Bauer Mobile Applications shall be in the state or federal courts located in Rockingham County, New Hampshire. Any cause of action or claim you may have with respect to the Website or Mobile Applications must be commenced within one (1) year after the claim or cause of action arises. BAUER’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. BAUER may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

COMMUNICATIONS

When you use the Bauer Website or Bauer Mobile Applications, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply.

You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Bauer Website or Bauer Mobile Applications, or, if via text message, by responding STOP.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE BAUER WEBSITE OR BAUER MOBILE APPLICATIONS.

ADDITIONAL TERMS & CONDITIONS

Email Sign up offers

By submitting your email address and subscribing, you agree to these Terms.  Bauer’s collection and use of your email address is subject to the bauer.com Privacy Policy. 

For U.S. users, if you make a purchase on the Bauer Website or Bauer Mobile Applications you will be opted in to receive promotional email communications from Bauer (“Email Communications”). You may opt out of receiving Email Communications from Bauer at any time by clicking the “unsubscribe” link in the Email Communication.

BAUER MVP™ Loyalty Program

BAUER may allow you to register for the BAUER MVP™ Loyalty Program (“Loyalty Program”) through the Bauer Website or Bauer Mobile Applications. Please refer to the Bauer MVP Loyalty Program Terms & Conditions for more information about the terms, conditions and policies that apply to the Loyalty Program.

Contests, Promotions, and Sweepstakes

Contests, sweepstakes and other similar promotions that you enter on the Bauer Website or Bauer Mobile Applications or in connection with Bauer products or services (“Bauer Promotions”) may be subject to official rules and/or conditions that are supplemental to these Terms, and which may provide details governing the Bauer Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions.

If you wish to participate in any Bauer Promotion, please first review the applicable official rules and/or conditions. If a Bauer Promotion’s official rules and/or conditions conflict with these Terms, the provisions contained in the official rules and/or conditions govern and control the Bauer Promotion. Your entry to a Bauer Promotion constitutes User Content (as defined above) and is subject to all provisions of these Terms that govern your submission and our use of your User Content.

CHANGES

From time to time, we may change these Terms. We reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Bauer Website and Mobile Applications following any changes indicates your acceptance of those changes.

HOW TO CONTACT US

We welcome your feedback. If you have questions, comments or concerns about these Terms, please contact us and we will endeavour to respond to you as soon as possible.

Email: DTC@Bauer.com
Phone: 1 833 897-9942

Last updated on: August 30, 2023