Terms of Use

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

    REDBALL Sports provides this Site, its contents, and the products marketed and sold through this site on an "AS IS" basis. REDBALL Sports makes no warranties of any kind, expressed or implied regarding the Site, its content or the products marketed or sold on this site. To the fullest extent permissible by law REDBALL Sports disclaims all warranties expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose for any products marketed or sold on this Site. In some jurisdictions limitation of liability are not permitted. In such jurisdictions some of the foregoing limitations may not apply to you. REDBALL Sports and its employees, Managers, Members, agents, and suppliers shall not be liable for any damages of any kind arising from the use of products marketed or sold on this site including direct, indirect, incidental, punitive, or consequential damages whether by contract, in tort or due to negligence, even if REDBALL Sports knew or should of known of the possibility of such damages. Your use of the Site and purchase of products through this website is at your sole risk. 

     CUSTOMER HEREBY AGREES THAT HE OR SHE WILL INDEMNIFY, DEFEND AND HOLD REDBALL SPORTS, ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY DEATH, INJURY, LOSS, DAMAGE OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) TO PERSONS OR PROPERTY ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS SITE OR PRODUCTS SOLD ON THIS SITE, REGARDLESS OF ANY POSSIBLE ACTS OF NEGLIGENCE BY REDBALL SPORTS OR ITS MEMBERS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND SUPPLIERS.

     All products sold on this site are for adult use only and by ordering on this site you certify that you are of legal age and not prohibited from purchasing the products. Merchandise listed on this Site is not for sale in any state, district, or territory where the receipt, possession, sale, or use of any such merchandise is prohibited.

Privacy Policy

    REDBALL Sports is committed to the privacy of our Users and you agree to be bound, in addition to the Terms of Use, by the Site's Privacy Policy. Subject to exceptions in the Site's Privacy Policy and Terms of Use, all personally identifiable information provided by our Users is used only as they direct. Unless you give REDBALL Sports permission to do so, or unless required by law, REDBALL Sports will not use or disclose to any third party a User's personally identifiable information. However, REDBALL Sports reserves the right to market, either directly or indirectly, to the Site's users. Some portions of the Site may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that REDBALL Sports may place such advertising and promotions on the Site. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

Third Party Websites 

    The Site may contain hyperlinks to websites operated by parties other than REDBALL Sports. Such hyperlinks are provided for your reference only. REDBALL Sports does not control such websites, and is not responsible for their content. REDBALL Sports' inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites. Functionality of the Site may also permit interactions between REDBALL Sports and a third party website, feature or application, including those that connect the Site or your User Account with a third party website, feature or application. REDBALL Sports does not control any of these third party web services or any of their content. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Site or your User Account with a third party service that may interact with, connect to or gather and/or pull information from and to your User Account.

Intellectual Property Rights

    The Site and its original content, features and functionality are owned by REDBALL Sports, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any and all Site written material, advertisements, design, and text (collectively, "Information") provided through the Site by REDBALL Sports, but not its Users, are the exclusive property of REDBALL Sports and may not be used without the expressed written consent of REDBALL Sports, which it reserves the right to withhold at its sole discretion. You agree not to modify, create derivative works from, display, distribute, disseminate, broadcast or circulate any Information to any third party (including, without limitation, the display and distribution of information via a third party website) without prior express written consent of REDBALL Sports. While you are free to use the content as you desire, the use of Information is only permitted with the express written permission of REDBALL Sports and/or its licensors. This section will survive the termination of your right to use the Site.

Product Patent(s) and Trademark(s)

    1. The REDBALL Sports, LLC 20 round capacity ammunition magazine is Patent Pending with the US Patent and Trademark Office.
    2. Any reproduction or copying of the magazine in its entirety, components, design or concept shall be prosecuted within the full extent of existing US Law.
    3. The "REDBALL Sports" name and logo are registered trademarks, service marks, and trade names of REDBALL Sports, LLC. Use of such trademarks is strictly prohibited unless agreed to in writing by REDBALL Sports, LLC.

Indemnification

    You agree to indemnify and hold harmless REDBALL Sports and its affiliates and their respective Managers, Members, officers, employees, contractors, agents or other representatives from and against all claims, liability and expenses, civil or criminal, including all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of the Site to order products. This provision will survive the termination of your use of the Site.

Attorney Fees

   In the event of any legal action or proceeding initiated by either party to enforce the Terms of Use or any provision hereof, or in connection with any alleged dispute, breach, default, interpretation, or misrepresentation in connection with any provision contained herein, the non-prevailing party will pay the prevailing party's reasonable attorneys' fees and costs incurred in connection with such action or proceeding. These costs include, but are not limited to, the costs of pursuing or defending any legal action that may include an appeal, discovery, or negotiation and preparation of settlement arrangements.

Third Party Vendors

   You understand and agree to hold harmless REDBALL Sports for any performance issues or problems related to or resulting from your or REDBALL Sports use of any third party vendors' content, information, or technology in the provision of content through or on the Site. You will not hold REDBALL Sports liable for any damages resulting from such third party use.
    Governing law; venue; waiver of the jury trial; and attorney fees; This agreement is to be governed by the law of the State of WASHINGTON. Venue for any action will be Clark County Superior Court. The parties intentionally waive the right of a jury trial, in any litigation arising under this agreement. 

Amendment

   REDBALL Sports reserves the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time, without providing prior written notice. You should review these Terms of Use and any Updated Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

Severability

   If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. REDBALL Sports' 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. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Territorial Restriction

     The information provided within the Site is not intended for distribution to or use by person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject REDBALL Sports to any registration requirement within such jurisdiction or country. REDBALL Sports reserves the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any content, product or other feature REDBALL Sports provides. Specifically No shipments will be made to the following locations: Hawaii / California / Colorado / Illinois / Massachusetts / Connecticut / New Jersey / New York / Maryland / Washington D.C. / Canada.

Warranty, Sales & Return Policy

     1. Products purchased on this website are warrantied to be free of manufacturing and material defects at shipment.
    2. Products covered under this limited warranty are for manufacturing and material defects. Such warranty shall be in place for a period of 12 months from the date of purchase.
     3. Repair or replacement of defective manufacturing or material defects is at the sole discretion of REDBALL Sports, LLC.
    4. Please contact REDBALL Sports, LLC regarding repair / replacement / and return of any defective products. To complete your return, we require a receipt or proof of purchase. All items to be returned must be sent directly to REDBALL Sports.
    5. Any products purchased from third parties should be returned to such third parties. REDBALL Sports expressly disclaims any obligations as it relates to products purchased from third parties.
    6. Returns: Except as described above, all sales are final and no refunds or exchanges are permitted.

Usage & Privacy Policy

    This Privacy Policy governs the manner in which REDBALL Sports collects, uses, maintains and discloses information collected from users (each, a "User") of REDBALL Sports' Website (the "Site"). This privacy policy applies to the Site, any information or content ("Content") posted on the Site and all products and services offered by REDBALL Sports.

Personal Identification Information

     We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information and verification. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal Identification Information

     We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider utilized and other similar information.

Web Browser Cookies

    Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert them when cookies are being sent. If they do so, some parts of the Site may not function properly. We may also share certain "cookie data" with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you, the User.

Log file information 

   Your browser automatically reports log file information each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Site, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users. Such information helps us track which emails are opened and which links recipients click. The information allows for more accurate reporting and improvement of the Site.

How we use collected information

    REDBALL Sports may collect and use Users personal information for the following purposes:
     1. To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently by allowing us to provide, improve, test, and monitor the effectiveness of our Site.
    2. To improve our Site. We may use feedback you provide to improve our products and services.
    3. To process payments We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
     4. To run a promotion, contest, survey or other Site feature To send Users information they agreed to receive about topics we think will be of interest to them. 
    5. To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. 

     In addition to some of the specific uses of information we describe above, we may use information that we receive to: help you efficiently access your information after you sign in; remember information so you will not have to re-enter it during your visit or the next time you visit the Site; provide personalized content and information to you and others, which could include online ads or other forms of marketing; develop and test new products and features; monitor metrics such as total number of visitors, traffic, and demographic patterns; or diagnose or fix technology problems.  
     Any information or content that you voluntarily disclose through your general use of the site becomes available to the public. Once you share information or make it public, that information may be re-shared by others. Any information that you make public is searchable by other members. 
     We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, the User and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

How we protect your information

     We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. However, REDBALL Sports cannot ensure the security of any information you transmit to the Site or guarantee that information on the Site may not be accessed, disclosed, altered, or destroyed. 
     Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

Sharing your personal information

     We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users, by removing parts of data that can identify you, with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Changes to this privacy policy

    REDBALL Sports reserves the right to update this privacy policy at any time without prior written notice. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. By accessing and using the Site, you acknowledge and agree that it is your responsibility to review this Site's privacy policy periodically to learn about any modifications.

Change of Control

     What happens in the event of a change of control: If we sell or otherwise transfer part or the whole of REDBALL Sports or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Site may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

Minors Privacy

     REDBALL Sports does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to purchase products on the Site. The Site and its content are not directed at persons under the age of 18. In the event that we learn that we have collected personal information from a person under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under 18, please contact us.

Other Websites and Services

     We are not responsible for the practices employed by any websites or services linked to or from our Site, including the information or content contained within them. Please remember that when you use a link to go from our Site to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Site, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

Your acceptance of these terms

     By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to its Usage & Privacy Policy operates as a waiver of any claim you may have and shall be interpreted as your acceptance of those changes.