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 wWbsite and Mobile Applications agree that access to and use of these digital tools is subject to the following Terms of Use 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.

 

BODY MEASUREMENT TECHNOLOGY

BAUER offers measuring tools that can help you find your product size. These tools are available through the Apple Store or Google Play as downloadable mobile applications or can be accessed through our website at www.bauer.com. Our measurement tools provide users the option to either manually enter body measurements or to have a photograph taken of your clothed body that is processed, programmatically, by the mobile measurement application and used to determine products that best fit your body profile.

Body Measurement Photographs
You control how and when the photographs are taken. You agree that any photograph you provide shall not be pornographic, lewd or otherwise offensive to members of Bauer and we reserve the right to refuse access to our mobile services to any user who provides such photographs or videos. Our systems automatically delete photographs related to measurements once they are processed. Photographs are protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children under the age of 13 are not permitted to use Bauer's body measurement technology.

 

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.

 

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. © 2011. All Rights Reserved.

 

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.

 

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 aanother or (d) offensive or otherwise unacceptable to BAUER in its sole discretion.

 

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. These linked sites are only for your convenience 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 for sites it links to as well (including if a specific link does not work).

 

LIMITATION OF LIABILITY

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. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

TERM AND TERMINATION

These Terms of Use are applicable to you upon your 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, 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.

 

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 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 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.