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. www.bargainoutfitters.com is part of the Redcats® USA, L.P. ("Redcats USA") family of companies. 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 Minnesota, 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:

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:

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.

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 November 5th, 2009.

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