New Era Cap Co., Inc. ("New Era") is committed to protecting your privacy online and to the responsible management of consumer information. New Era
abides by all rules, both ethical and legal, with respect to the use of consumer information.
information is used; with whom the information may be shared; what choices are available to you regarding collection, use and distribution of the
information; what kind of security procedures are in place to protect the loss, misuse or alteration of information under New Era's control; and whom
to contact with questions or concerns.
may link. New Era may post such links as a way of helping you locate related information and products easily. However, when linking to another
Why New Era collects information
New Era collects personal information because it helps us deliver superior products and service. It may enable us to focus on products and information
of greatest interest to you. In addition, your personal information helps us communicate to you our latest products, special offers and information
and events you might like to hear about.
What information New Era collects
As is true with many websites, we gather information and store it in Server logs. This information includes Internet Protocol (IP) addresses, browser
type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data and all additional website analytics..
We may also create and use electronic records to compile statistics about how our visitors collectively interact with our website.
Our website is not set up to track, collect, or distribute personally identifiable information (such as name, address, email address, telephone number
and product preferences) unless you voluntarily input this information, such as during a registration or ordering process, or when you submit questions
or comments, request information or participate in online surveys, contests, sweepstakes, promotions or activities.
Should you voluntarily provide us with personally identifiable information, you consent to New Era's use of it. Any personally identifiable
information you input will be used by New Era only as set forth in this policy.
Those who wish to communicate with New Era but do not wish to provide personally identifiable information online may contact us through the address or
phone numbers provided on our website.
Cookies are bits of electronic information that a website may transfer to a visitor's hard drive to identify specific information about the visitor's
visited the site before, to hold selections in your shopping cart when you leave the website without checking out, to determine patterns or trends of
visitors' website usage, retrieve specific information from previous visits, and to recall features that you may have customized on your browser.
This allows New Era to update its website and make it more useful to our customers and website visitors.
How New Era uses the information it collects
The information we collect may be disclosed by us to third parties, including with respect to users in the United States and Canada to Hat World
such as analyzing trends; providing support and responding to questions from customers and website visitors; improving our website, products or
services; learning about customers’ needs; contacting consumers for research, informational and marketing purposes; tracking traffic patterns and
site usage; enabling online ordering and providing customer service with respect to such orders; and as further provided below with respect to orders,
surveys, contests and sweepstakes. From time to time, we may also use the purchases you make to customize our product recommendations.
New Era may share its customer information (including personally identifiable information) with certain companies affiliated with Hat World, including,
but not limited to iPost (http://www.ipost.com/), LinkShare ( http://www.linkshare.com/), Omniture (http://www.omniture.com), Live
Person (http://solutions.liveperson.com), Authorize.Net ( http://www.authorize.net), Litle & Co. (http://www.litle.com), APC
Logistics (http://www.apclogistics.com), UPS (http://www.ups.com), and
United States Postal Service (http://www.usps.com).
Unless otherwise required by law or litigation, or if pertinent to a judicial or governmental investigation, personally identifiable information is not
shared with any other organizations or persons, other than organizations or persons assisting us in collecting, assembling or processing this
independent marketing purposes and New Era maintains reasonable physical and electronic safeguards to limit unauthorized access to your personally
identifiable information, and to protect you against the criminal misuse of that information. However, data in the aggregate may be provided to other
parties for marketing, advertising or other purposes. New Era may also use email addresses and other personally identifiable information to contact
visitors who have communicated with us. While New Era strives to protect your personally identifiable information, you should also take steps to
protect such information.
Information submitted or provided to New Era through newerabyyou.com regarding New Era or its website or products, including but not limited
to submission of ideas for new products, inventions and/or 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.
From time to time, we may contact you about special offers, updates on new products, invites to exclusive events and new website features if you agreed
to be included in our mailing lists when you visited our website or completed a purchase with us or if you voluntarily participated in a New Era
survey, contest, sweepstakes or other promotion. You may unsubscribe or change email preferences from our mailing lists by using the preference page
option located at the bottom of your most recent email campaign received.
Ordering from newerabyyou.com
When you order from our website, we need your name, email address, shipping address, phone number and credit card number (which may include billing
information, expiration date and security code). We use this data to process your order, ship it and send your order and shipping confirmations via
We require your name, billing address, shipping address, email address and telephone number to open an account for you, and will store that information
if you open an account. We may also ask some additional optional questions to help us better serve you. You can correct your account information by
clicking on "edit" within the My Account Summary area.
Third Party Relationships
Hat World, Inc. (“Hat World”) operates the newerabyyou.com website in the United States and Canada pursuant to agreements with New Era. Hat World is
authorized to collect and use the information obtained from users in the United States and Canada via the website as set forth in, and in accordance
Hat World and certain other vendors of ours may provide on our behalf customer payment processing, order fulfillment and shipping services,
vendors. These vendors have access to your information as is necessary to perform such services. These vendors have agreed to not use any personally
Surveys, contests and sweepstakes
From time to time, our website requests information from users via surveys, contests, sweepstakes or other promotions. Information requested may
include contact information (such as name, email and shipping address) and demographic information (such as postal code, age level) ("Contact
Information"). Contact Information will be used to administer the contest or sweepstakes, to send you promotional emails, notify winners and make the
winners' list publicly available pursuant to applicable law. Your consent to such promotional use and disclosure of this information is a condition of
your participation. In cases where the survey, contest, sweepstakes or promotional offer is co-branded with or sponsored by another party, we may share
your information, with your consent, with that party. Entering such contests and providing the required Contact Information in these instances is
completely voluntary and solely your choice; you do not need to provide such information or enter such contests to browse this website.
New Era realizes that children may visit this website, and New Era encourages children to consult with their parents before submitting any information
to any website, including ours. However, New Era believes that it is ultimately the parents' responsibility to supervise their children's online
activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online
environment. These tools can also prevent children from disclosing their names, addresses, and other personally identifiable information online
without parental permission.
New Era will not knowingly collect any personally identifiable information from children under the age of 13 without first obtaining parental consent.
If a child under 13 submits personal information to New Era and we learn that the information is from a child under 13, we will attempt to delete the
information as soon as possible.
This website takes precautions to safeguard your information. When users submit information via the website (for example, when our registration/order
form asks you to enter sensitive information such as credit card number and associated information), that information is encrypted and is protected
with Secure Sockets Layer (SSL) encryption. .In addition, McAfee Secure scans this website for new Vulnerabilities and complies and strictly enforces
all PCI-DSS standards. You can help us by also taking precautions
to protect your personal information when you are using the internet. For example, you should change your passwords often using a combination of
letters and numbers, and make sure you use an SSL-enabled browser.
No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that
information you share on the Site will not become publicly available. We are not responsible for third party circumvention of any privacy settings or
security measures on the Site. You can reduce these risks by using common sense security practices such as choosing a strong password, using different
passwords for different services, and using up to date antivirus software.
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Terms & Conditions
The Site is owned by New Era Cap Co., Inc. (“New Era”) and, within the United States and Canada, operated by Hat World, Inc.
(“Hat World”) on behalf of New Era (collectively and as applicable, New Era and Hat World are referred to as “we” or “us”).
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
You alone are responsible for the content and consequences of any of your activities. We reserve the right, but do not have an obligation, to monitor
and/or review all materials posted to the Site or through the Site's services by users, and we are not responsible for any such materials posted by
users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to
edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of
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
Among other things, we provide information concerning various products and services and the opportunity to obtain additional information concerning
your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and
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
NEITHER NEW ERA NOR HAT WORLD (WHERE APPLICABLE) MAKES ANY 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 NEWERABYYOU.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 AND HAT WORLD (WHERE APPLICABLE) HEREBY EXCLUDE 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 HAT WORLD (WHERE APPLICABLE) OR THEIR RESPECTIVE 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.
You agree to indemnify, defend, and hold harmless New Era and Hat World (where applicable), and their respective subsidiaries, affiliates, officers,
directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable
transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any
other person accessing this Site using your computer or Internet account. New Era reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.
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.
State of New York, County of Erie. You agree to submit to the personal and exclusive jurisdiction of the courts located within ErieCounty in the State
of New York.
force and effect.
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):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
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.
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.
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.
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 firstname.lastname@example.org 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
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@example.com 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, NY14202
, 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: firstname.lastname@example.org.
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