2. TRADEMARKS. “BatW8z™”, “GluvRapz™”, “AccelR8R™”, “NuStarz®”, “NuStarz Sports”, “Baseball with Battitude™” and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of NuStarz Sports Group LLC and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
3. MODIFICATION. NuStarz Sports reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. NuStarz Sports reserves the right to showcase any custom product that is designed using our website, online designer or customer supplied design, that which gets manufactured. You agree that NuStarz Sports will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
4. FEEDBACK. NuStarz Sports will treat any feedback or suggestions you provide to NuStarz Sports as non-confidential and non-proprietary. THUS, IN THE ABSENCE OF A WRITTEN AGREEMENT WITH NuStarz Sports TO THE CONTRARY, YOU HEREBY ASSIGN ALL RIGHTS IN ANY FEEDBACK OR SUGGESTIONS YOU PROVIDE TO NuStarz Sports.
6. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of NuStarz Sports. NuStarz Sports is not responsible for the content of any third party web site or any link contained in a third party web site. NuStarz Sports provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.
7. LIMITED WARRANTY. NuStarz Sports provides a limited 60 Day warranty on Products purchased through the Site, as described on our Warranty page: www.nustarzsports.com/warranty. EXCEPT AS PROVIDED ON OUR WARRANTY PAGE (WHICH IS HEREBY INCORPORATED INTO THESE TERMS), NuStarz Sports DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY.
If you have any questions about the foregoing, please contact us at the following e-mail address: [email protected]
“Personal Information” is information about You that is personally identifiable to You, such as Your name, address, e-mail address, or phone number, payment and billing information, as well as other non-public information that is associated with the foregoing. “Anonymous Information” means information that is not associated with or linked to Your Personal Information; Anonymous Information does not permit the identification of individual persons.
Collection of Personal Information
If you purchase a NuStarz® product or other products via this Site, we collect your personal information needed to conduct the sales transaction, and use the information to process your payment and to send you the product you purchased. If you have purchased and designed a custom product, your custom product may be showcased on the website, however, we will not display more than a single name or sports assigned number to keep players anonymous, unless otherwise agreed. Team names, logos and other elements in you designs may be shown on the website, however, never resold.
Personal Information You Provide to Us
We collect Personal Information that You submit to Us voluntarily through the Site.
If You are purchasing a product via the Site, We collect the following information You provide to Us: Your first and last names, email address, mailing address, and billing address, if different from Your mailing address.
When You contact Us by sending Us an e-mail, We will collect Your name, e-mail address and information contained in the e-mail You send Us.
When You respond to a customer satisfaction survey from Us or We collect Your name and email address.
If You choose to receive product update information from Us, We collect Your name and email address.
Personal Information Collected Via Technology
As You navigate the Site, certain information may also be collected passively, including Your Internet protocol address (“IP address”), browser type, domain names, access times, and operating system. We also use “Cookies” and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of Your visit and the information for which You searched and which You viewed. This type of information is collected to make Our products and services more useful to You. In some of Our emails to You, We will use a “click-through URL” to make Your experience as easy as possible. When You click on one of these URLs, You pass through Our web server before arriving at Your destination website. Tracking click-throughs helps Us determine Your interest in particular topics and helps Us measure the effectiveness of Our customer communications.
An “IP Address” is a number that is automatically assigned to Your computer when You use the Internet. In some cases Your IP Address stays the same from browser session to browser session; but if You use a consumer internet access provider, Your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze the traffic on Our Site.
“Cookies” are small pieces of information that a web site sends to Your computer’s hard drive while You are viewing a web site. We may use both session Cookies (which expire once You close Your web browser) and persistent Cookies (which stay on Your computer until You delete them) to provide You with a more personal and interactive experience on the Site. Persistent Cookies can be removed by following Internet browser help file directions. If You choose to disable Cookies, some areas of the Site may not work properly.
Personal Information We Receive From Other Sources
We may receive Personal Information about You from other sources like postal mail, telephone or fax. We may add this information to the information We have already collected from You via the Site in order to improve the products and services We provide.
Use of Information
If You opt-in to receiving the following communications from Us, Personal Information You submit to Us is used either to respond to requests that You make, send You press releases, general informative announcements, and other general information about Us or Our products, or to aid Us in serving You better. Our customers will always have the right to opt-out of receiving product update information from Us at any time. You will be given the opportunity to opt-out of receiving further communication from Us at the bottom of every email We send to You.
If You have not opted-in to receiving communication from Us, We will not contact You unless You place an order for a product via the Site and We cannot process the order for any reason. At this time, We may contact You to request the additional or corrected information required to complete the processing of Your product order.
As described in more detail below, in order to perform Our services, We may disclose Your Personal Information to third party vendors. We may also use Your Personal Information to provide You with information regarding changes and upgrades to the Site, unless and until You request not to receive such communications from Us.
We may create Anonymous Information records from Personal Information by excluding information (such as Your name) that make the information personally identifiable to You. We may use this Anonymous Information to analyze request patterns and usage patterns so that We may enhance Our products and services. We reserve the right to use and disclose Anonymous Information to third parties in Our discretion, including for internal business analysis, and to provide aggregate demographic data to Our various partners.
Personal Information collected via sale of our Products If You purchase any of the products available via Our Site, You may be subject to additional terms and conditions of sale, and/or the licenses under which You have a right to use any software embedded in such products, if any. These additional terms and conditions or licenses will govern Your rights in and to such products.
Disclosure of Personal Information
However, We may share Your Personal Information with third parties to process payments, or to provide You with access to the Site. These third parties are required not to use Your Personal Information other than to provide the services requested by Us and are bound by confidentiality agreements with regard to their use of Your Personal Information. You expressly consent to the sharing of Your Personal Information with Our contractors and third party service providers for the sole purpose of providing Our products and services to You.
Your Choices Regarding Your Personal Information
We do not intentionally gather Personal Information about visitors who are under the age of 13.
We use commercially reasonable efforts to protect the security of Your Personal Information by using industry-standard security technologies and procedures to help protect Your Personal Information from unauthorized access, use, or disclosure. We safeguard the security of the data You send Us with physical, electronic, and managerial processes. We highly recommend that You take every precaution to protect Your Personal Information when You are on the Internet. One way You can do so is by making sure You are using a secure web browser. Our ecommerce Site uses industry-standard Secure Sockets Layer (SSL) encryption on all ecommerce web pages where Personal Information is submitted by You. Your Personal Information has been secured with a digital security technology provided by Comodo CA Limited, a trusted leader in digital security. As an extra precaution, please make sure that You are using the latest version of an SSL-enabled browser. We recommend using Internet Explorer 4.0 or higher, Netscape 4.0 or higher, and the latest version of Safari. This will better protect the confidentiality of Your Personal Information, including Your credit card information, while it is transmitted over the Internet.
Even though We have taken steps to protect Your Personal Information from being intercepted, accessed, used, or disclosed by unauthorized persons, You should know that We cannot fully eliminate security risks associated with Personal Information.