Terms & Conditions
Ownership of Content, Trademarks and Intellectual Property
New Era owns, controls, or licenses all right, title and interest in and to the Site and all content featured or displayed on the Site, including, but not limited to, text, images, moving images, photographs, illustrations, graphics, visuals, audio, video, copy, software, software code, data, and the look and feel, design and organization of the Site ("Content"), and the compilation of the Content, including but not limited to any copyrights, trademark rights, trade dress rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The Site, its Content and all related rights shall remain the exclusive property of New Era or its licensors or content providers.
Your use of the Site does not grant to you ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may view the Content on the Site on your computer or other Internet compatible device, and make a single copy or print of the Content on the Site for your personal, internal, non-commercial use only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Site. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. For purposes of these terms, the use of any such Content, portion or element on any other website or networked computer environment is prohibited.
All trademarks, service marks and trade names of New Era used on the Site (including, but not limited to the registered marks NEW ERA, 59FIFTY, 49FORTY and 39THIRTY; and New Era's registered Flag logo, visor stickers and tags) are trademarks or registered trademarks of New Era or its affiliates, unless stated otherwise. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express prior written permission of New Era, or the owner of any third party trademark. Your unauthorized use or misuse of the trademarks displayed on the Site is strictly prohibited.
Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Site is strictly prohibited unless you have received the express prior written permission of New Era or the applicable rights holder. We will enforce our intellectual property rights to the fullest extent of the law.
Information submitted or provided to us through the Site regarding New Era or the Site or New Era's products, including but not limited to submission of ideas for new products, inventions and designs ("Ideas"), shall be deemed to be non-confidential, and New Era shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution.
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Site; (f) restrict or inhibit any other user from using and enjoying the Site or the Site's services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload, post, transmit, reproduce, distribute or otherwise publish material containing (1) a virus, spyware, or other harmful component; (2) advertising, chain letters or pyramid schemes of any kind; or (3) information which would constitute or which contains false or misleading indications of origin, endorsement or statements of fact.
In addition, you may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other rules or regulations that we may post in connection with such a service, bulletin board or forum.
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.
Orders for Products and Services
We may make certain products available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through this Site for commercial purposes.
All prices displayed on the Site are quoted in U.S. dollars. We may restrict delivery to addresses within the United States and Canada. We will add shipping and handling fees and applicable sales/use tax as necessary. We reserve the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your credit card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense.
Third Party Web Sites
You may be able to link from the Site to third party web sites or from third party web sites to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
We disclaim any liability for Linked Sites. We do not guarantee or make any representation regarding the standards of or conduct on any Linked Sites nor shall we be held responsible for the contents of Linked Sites, or any subsequent links. For this reason, we do not represent or warrant that the contents of any Linked Site or other third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
DISCLAIMER OF WARRANTIES
NEW ERA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NEWERACAP.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, NEW ERA HEREBY EXCLUDES ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSABLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT NEW ERA’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend or terminate your access to the Site and/or its services with or without cause.
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
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 the service provider to locate the material.
4.????? Information reasonably sufficient to permit the service provider 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.
If you prefer to contact us via email, please email us at [email protected]?with the word "Copyright" in the subject line.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by regular mail or email to?[email protected]?with the phrase "Copyright Counter Notification" in the subject line) that sets forth the items specified below.
1. Identify the specific URLs or other unique identifying information of material that New Era has removed or to which New Era has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Erie County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following address:
160 Delaware Avenue
Buffalo, NY 14202
Attn: Legal Department.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
How you can contact us
If you have any questions or comments about the Site or any of our services, please write to us at:?[email protected].