Terms of Sale
Last Revised: August 11, 2026
Table of Contents
1. Application of These Terms of Sale
3. Reliance on Information Posted
10. Risk of Loss During Shipping
12. Products, Services, and Specifications
18. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
1. Application of This Terms of Sale
These Terms of Sale (“Terms”) are between you and Rawlings Sporting Goods Company, Inc., Easton Diamond Sports, LLC, and/or each of their affiliates (collectively, “Rawlings,” “we,” “our,” or “us). For purposes of these Terms, “Site” includes our website(s) and “you” or “your” means the person accessing the Site and any persons that allow others to provide information about themselves to us. The Terms only apply to items purchased through the Site. You should carefully read through these Terms before submitting any orders for purchase as THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS APPLY TO ALL, OFFERS, SALES, RESERVATIONS, SUBSCRIPTIONS, ENROLLMENTS AND PURCHASES OF ALL PRODUCTS OR SERVICES (“PRODUCTS”) THROUGH THE SITE. BY ORDERING OR PURCHASING ANY PRODUCTS THROUGH THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS ANY ADDITIONAL TERMS AS PROVIDED HEREIN AND ANY ORDER CONSUMMATED THROUGH THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST NOT COMPLETE YOUR ORDER.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a binding arbitration clause, class action waiver, and jury trial waiver. Please read those sections below carefully because they require you and us to arbitrate certain disputes and claims.
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms; however, we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.
By AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS OF USE, WHICH ARE HEREBY INCORPORATED INTO THESE TERMS. In the event that there is a conflict between these Terms and the Site’s Terms of Use, these Terms will supplement or amend the Terms of Use, but only with respect to the matters governed by these Terms. Although not part of these Terms, please review the Privacy Policy to better understand how you can update, manage, access, and delete your information.
We may also require you to follow additional rules, policies or guidelines to complete your order, purchase, reservation, or participate in any Products (“Additional Terms”). Additional Terms may be provided in a separate “click-through” agreement or disclosure at purchase or prior to participation. If any Additional Terms are different than these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
3. Reliance on Information Posted
While every effort is made to ensure the accurate display of Products on the Site, the depiction may depend on your monitor or mobile device and may not be accurate. Additionally, the material on the Site may be changed, updated, and/or deleted without notice and is subject to correction for technical, clerical, or typographical inaccuracies or errors. We do not guarantee the accuracy or completeness of any information contained on the Site, including pricing, product images, specifications, or availability, and we will not be responsible for any such inaccuracies or errors. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information at any time without prior notice (including after you have submitted an order). Orders placed through the Site may be declined or cancelled for any reason, including without limitation, outstanding amounts due by a customer, due to the foregoing issues, or if a Product is unavailable, reached maximum capacity, or out of stock.
This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and, in certain situations, you may be transferred to a Third-Party Site through a link, but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site terms. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation thereof.
By entering an order through the Site, you represent and warrant that you are at least 13 years of age, or if you are between the ages of 13 and 17, you have the permission of a parent or legal guardian prior to opt in, and your parent or legal guardian accepts these Terms on your behalf.
a. Emails About Your Order
After submitting the order, we will keep you updated regarding order status via email. An Order Confirmation email will be sent following payment verification during the Checkout Process. It will summarize the contents of your order. If you do not receive an Order Confirmation email within 1 hour of the order being submitted, please contact Customer Care, toll-free at 1-866-678-4327. One of our Customer Care Specialists will be happy to assist you. The final email regarding your order will include shipping confirmation. And that's it! Your order should arrive in accordance with the Shipping Option selected during the Checkout process.
b. Canceling or Modifying an Order
If you need to cancel a recently placed order, please contact our Customer Care department, toll-free at 1-866-678-4327.
At Rawlings, we process orders as quickly as possible. If the order has already been processed, you will not be able to cancel or modify it, but we will process an exchange or return of the eligible item(s) in question after we receive them back from you. For more information about refunds and exchanges, see the Refund Policy below.
c. Item Availability
Item availability can be determined using your Shopping Cart or contacting Customer Care, Toll-Free at 1-866-678-4327.
Occasionally, our system may inaccurately reflect an item's availability. Items in your cart may be purchased by others before you complete checkout. In this event, you may not be able to complete the checkout process.
d. Discount Policy
Coupon codes and promotional discounts:
- All valid coupon codes should be applied in the cart at the time of checkout towards eligible products.
- We do not accept expired coupon codes.
- We do not accept competitor coupon codes or discounts.
- When purchasing single or multiple items, we will accept only one coupon code or promotional discount per order. Multiple coupon code or discounts cannot be applied to a single order.
- Coupon codes cannot be used in conjunction with a promotional discount in the same order. When a coupon is entered, if that coupon has a greater value than the promotional discount, the promotional discount will be removed, and the coupon will be applied. If the promotional discount has a greater value than the coupon, the coupon will not be applied.
- For example, an order with a fielder’s glove that is $100 is added to the shopping cart, and a 20% discount ($20) is automatically shown in the cart for a total of $80. During checkout, you attempt to also apply a coupon code for $10 off a $100 order. The $10 off coupon code will not apply to the $100 fielder’s glove since the promotional discount has a greater value. So, the total for this purchase will be $80.
e. Promotion Exclusions
Promotions exclude prior purchases, gift cards, taxes, out-of-stock products, and other excluded items detailed here.
f. Sales Tax
State laws require that we charge applicable sales tax on orders shipped to addresses in all 50 states. Sales tax will be charged on shipping and handling where applicable. We do not charge sales tax on the purchase of gift cards; however, items paid for with gift cards will be taxed.
g. Redeeming a Gift Card Online
Gift cards may be applied to orders placed through our Site or over the phone by Customer Care. You will be prompted for a gift card code during the second step of the checkout process. If the amount of your gift card exceeds the order total, the balance will remain active for later use. If you have questions regarding gift cards, please call our Customer Care department, toll-free at 1-866-678-4327, or email us at service@rawlings.com. Please review the gift card terms and conditions
h. Team Sales
We are more than happy to assist with team or group sale needs. For more details, please contact Team Sales, Toll-Free at 1-866-678-4327.
When you place an order to purchase and/or pay for Products through the Site, you agree that your order is an offer to purchase or reserve the Products listed in your order that may be accepted or rejected for any reason. We reserve the right to revoke any offer or to refuse any order that you place through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. This agreement is subject to any Additional Terms that you accept in connection with completion of a transaction on the Site.
Rawlings reserves the right to assign or fulfill orders for Products from third-party suppliers and in that event, the order may be subject to Additional Terms of third-party suppliers. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
Prices on the Site are subject to change without notice but will only apply to orders placed after such changes. Prices for Products purchased are those in effect when an order is received. Prices are quoted and will be paid in U.S. dollars. Unless otherwise indicated on the Site, prices may exclude taxes (if applicable), which are additional and will be itemized upon confirmation of payment.
Payment or pre-authorization of funds by credit card or other payment method accepted by the Site is required before an order will be confirmed. BY SUBMITTING SUCH INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION, AND YOU GRANT US THE RIGHT TO PROVIDE SUCH INFORMATION TO THIRD PARTIES FOR PURPOSES OF FACILITATING THE TRANSACTIONS INITIATED BY YOU OR ON YOUR BEHALF. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. You shall remain responsible for any taxes that may be applicable to such transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
By accepting these Terms, you acknowledge and understand that any and all credit or debit card payments submitted through the Site may be processed by a third-party payment processing company (“Payment Processor”), and you shall be subject to any and all terms and conditions of the Payment Processor including, without limitation, any additional fees or privacy policies related to my personal information (“Payment Processor Terms”). You acknowledge and agree that Rawlings is not responsible for information, including personal data, retained by Payment Processor or for any Payment Processor Terms and shall hold Rawlings harmless from same.
To protect our customers, we verify all shipping and billing addresses with credit card companies when processing orders. If shipping merchandise to an address other than your billing address, the order may be delayed for verification.
a. Important Shipping Information
· When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site.
· UPS delivers Ground Residential Monday – Friday.
· UPS delivers Express and Ground Commercial Monday – Friday.
· Custom and Personalized Gloves will be shipped FedEx Express shipping.
· We try to ship orders within 48 business hours.
· Please note that shipping delays may slow order processing times. Once an order ships, you will receive an email confirmation with tracking details.
· Engraved items take approximately 8-15 business days to complete processing and fulfillment.
b. Shipping to Multiple Addresses
Our online ordering system does not currently support shipping to multiple mailing addresses.
If you would like your order shipped to multiple addresses, please contact Customer Care, toll-free at 1-866-678-4327.
Important Note for APO/FPO Customers
Rawlings is happy to ship purchases to APO/FPO addresses. If you would like your order shipped to APO/FPO, please contact Customer Care, toll-free at 1-866-678-4327. All packages sent to these locations will ship via U.S. Postal Service.
c. International Shipping with MyUS.com
We have partnered with MyUS.com to offer convenient, fast, international shipping to more than 225 countries for our customers. MyUS.com members receive deeply discounted shipping rates, exceptional customer service, 24/7 online access to their account, and access to other services.
Sign up with MyUS.com and receive your own U.S. street address to receive merchandise. MyUS.com provides specialized international package forwarding services from your new U.S. address to your international address.
Note: Use MyUS.com's Personal Shopper service to make a purchase from Rawlings. MyUS.com accepts cards with international billing addresses as well as those issued by non-U.S. financial institutions. They also accept wire transfers and will make the purchase on your behalf.
Follow these two steps for international delivery:
1. Get your own U.S. address in America at MyUS.com.
2. Use your new U.S. address, provided by MyUS.com, when placing your order with us.
If you are ordering multiple items from us, you'll enjoy the most savings by using MyUS.com Premium Service. This gives you the ability to consolidate packages, which saves you even more on international shipping.
10. Risk of Loss During Shipping
All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs, unless otherwise stated. Upon shipment, Rawlings may, but is not obligated to, email you a tracking number.
a. Returning an Item
If you are not satisfied with your purchase, you may return eligible purchases within thirty (30) days of purchase. Rawlings offers free returns on eligible Products.
Free Returns
· Print Your Free Return Label: Visit returns.narvar.com/rawlings/returns to begin the return process with no hassle. All you need is your Order Number and shipping zip code. Please note, this is a service provided for customers located within the 48 Continental United States. If you have any further questions, please contact our Customer Care team through live chat, phone (toll-free at 1-866-678-4327) or email (service@rawlings.com).
· Merchandise must be returned within thirty (30) days of purchase.
· Rawlings will refund any items that have not been used and are in their original condition and packaging.
· Rawlings will accept warranty claims for any used goods that have manufacturer's defects and are covered by our Limited Warranty (subject to limitations). Please see our Limited Warranty for additional terms relating to used items and how to submit a warranty claim.
· Custom, personalized, and/or engraved goods are not eligible for return unless there is a manufacturer’s defect or an error on our part (e.g., incorrect size, color, or design).
· Goods that have been physically altered, doctored, abused, mistreated, or tampered with or used without observing the care instructions are not eligible for return.
Refunds/Reimbursement Information
· Reimbursement will be issued according to the original form of payment.
· Refunds will be credited for the purchased price along with any applicable taxes. The original outgoing shipping amount is not refundable.
General Information
· No Return Authorization Number is needed.
· A return address must be included. For the safety of our employees, any package received without a return address on the outside of the package will be destroyed.
· We cannot accept C.O.D. deliveries.
· If you have any questions, please contact Customer Care by calling 1-866-678-4327.
b. Bat Returns
For return information regarding used, non-wood bats, please see our Limited Warranty .
c. Gift Returns
If you return a Product purchased with a gift card, the gift card will be credited the amount of the item. If you wish to return a Product you received as a gift, the refund will be credited to the original form of payment (i.e., the credit card used for the original purchase). When returning a gift, please provide the Order Number or purchaser's name, address, and telephone number to assist in the processing of the return.
12. Products, Services, and Specifications
All reasonable measures are taken to accurately display the attributes of our Products, including the colors; however, the actual color you see will depend on your computer monitor. Rawlings cannot guarantee that your monitor will accurately display such colors. The inclusion of any Products on the Site at a particular time does not imply or warrant that the Products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any Product purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
Please refer to your Product or its packaging for the terms and conditions of any limited warranty for your purchase. Our full Limited Warranty may be found here.
WITH THE EXPRESS EXCEPTION OF ANY ITEMS PROVIDED WITH WARRANTIES, TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE PRODUCTS PURCHASED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
BY PROVIDING THE PRODUCTS ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE PRODUCTS WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF THE PRODUCTS AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE PRODUCTS, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF, AS APPLICABLE, (A) THE PRICE OF THE PRODUCTS PURCHASED BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY DOLLARS ($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY PURCHASE THROUGH THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors, and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties, and expenses (including reasonable legal fees) that may arise from any of your transactions through the use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
18. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Products, our SMS programs, email promotional programs, including any claims arising under the Telephone Consumer Protection Act (the “TCPA”), the CAN-SPAM Act, or any federal or state law governing electronic marketing or promotional communications and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION. THIS CLASS ACTION WAIVER APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING UNDER THE TCPA, THE CAN-SPAM ACT, OR ANY OTHER FEDERAL OR STATE LAW GOVERNING TEXT MESSAGE OR EMAIL MARKETING COMMUNICATIONS.
You and we agree that your purchase of any Products through the Site involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (the “FAA”) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state, or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (the “AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (i) making written demand for arbitration upon the other party; (ii) initiating arbitration against the other party; or (iii) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at service@rawlings.com and including in the subject line “Rejection of Arbitration Provision.”
a. Merger. These Terms constitute the entire agreement between you and us with respect to any transactions made to obtain Products through the Site and it supersedes all prior or contemporaneous communications, promises, and proposals, whether oral, written, or electronic, between you and us with respect to the subject matter contained herein.
b. Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
c. Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Saint Louis, Missouri, except where the jurisdiction and venue are mandated by applicable assignment.
d. No Waiver. No failure, omission, or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
e. Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
f. Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
If you have any questions or comments about these Terms or this Site, please email us at service@rawlings.com, or you can also contact Rawlings Customer Care by calling, toll-free at 1-866-678-4327.
