Terms and Conditions of Use

Welcome to www.rapala.com. By using this Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein ("Terms and Conditions of Use"). If you do not agree to these Terms and Conditions of Use, please do not use this Site. Normark Corporation d/b/a Rapala (“Rapala”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use at any time. By continuing to use this Site after such changes are posted, you agree to be bound by modifications, alterations and/or updates.

Copyright and Trademarks

The Rapala Web Site contains copyrighted material, trademarks, and other proprietary information, including text, software, photography, video, graphics, music and sound. The copyrights, trademarks, and other rights that are owned and/or controlled by Rapala or by other parties protect all content included on this Site, such as text, software, photography, video, graphics, music, sound, and logos. Rapala owns a copyright in the selection, coordination arrangement, and enhancement of such affiliated content, as well as the content original to Rapala. You may use material from this Site only for your own personal, non-commercial use. This Site or any portion of this Site may not be modified, published, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Rapala or expressly permitted under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of copyright and/or other proprietary notices may be made. You hereby acknowledge that you do not acquire any ownership rights by uploading or downloading copyrighted material.

Just as Rapala requires users to respect our copyrights and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on this Site without authorization or in a way that constitutes copyright infringement, you may notify our Webmaster at feedback@rapalausa.com.

Linked Sites

This Site may contain links to other Sites on the Internet that are operated by third parties ("Linked Sites"). Rapala is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by Rapala of the content of the Linked Site, nor any association with its operators. The links to these Sites are for your convenience only, and you access them at your own risk. Rapala shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

Rapala welcomes links to this Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your Site by Rapala, or by any group or individual affiliated with Rapala, and your Web Site does not contain content that is distasteful, offensive and/or controversial. Your Web Site must comply with all applicable laws and regulations. You may not use on your Site any logos, trademarks, service marks, or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Site the content or other materials on this Site without prior written consent.

Disclaimer

THIS SITE IS PROVIDED BY RAPALA ON AN "AS IS" BASIS. RAPALA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS CONTAINED ON THIS SITE INCLUDING, BUT NOT LIMITED TO, THEIR ACCURACY AND TIMELINESS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAPALA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RAPALA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify Rapala and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your use or misuse of this Site.
Use Outside the United States

This Site is controlled, operated, and administered by Rapala from its offices within the State of Minnesota, United States of America. Rapala makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms and Conditions of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this Site shall be filed only in the state or federal courts located in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Privacy Policy

Please also review our Privacy Policy, which forms a part of these Terms and Conditions of Use.

Effective Date

The effective date of these Terms and Conditions of Use shall be March 6, 2006.

Privacy Policy

Please also review the Terms and Conditions of Use of this Web Site to which the following Privacy Policy forms a part. As stated in the Terms and Conditions of Use, Rapala reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use, including the Privacy Policy, at any time. By using this Site after notice of such changes is posted, you agree to be bound by modifications, alterations and/or updates.

Our Promise to You

Rapala respects your privacy, and we assure you that we take the protection of your personal information very seriously. “Personal information” means information that identifies you personally, such as, your name, address, e-mail address, or phone number. This policy explains what information we collect from your use of this Site, how we use that information, and how we protect your privacy.

Information We Collect from You

In general, you can visit this Site without telling us who you are or revealing any personal information about yourself. We will only use the information you provide to us for the specific, limited purpose for which such information was requested. The information collected from you in connection with a request to receive our newsletter includes your name, address, city, state, zip code, country, and e-mail address. This information will be used to send our newsletter to you.

The same information is collected from you in connection with our Promotion Sweepstakes. This information will be used to contact you in the event that you win a prize in connection with the promotion. Your e-mail address will also be used to send our newsletter or other informative information to you in the event that you choose to select a box that indicates that you wish to receive the latest news and information about Rapala products from us by e-mail.

The information collected from you in connection with the Rapala Pro Fishing game includes your e-mail address, city, state, desired username, and password. This information will be used in order to allow you to participate in postings related to the game or to contact you in the event that your use relating to the game constitutes abuse of our Site.

In connection with our Dealer Locator, we may ask you to enter your state and city or your zip code. This information is not separately maintained by us or by any authorized third parties, but is collected only to directly provide the dealer locator service on the Site.

While Rapala will comply in the event that law requires a disclosure of information submitted to our Site, Rapala does not sell, trade, or rent your personal information to outside parties. Rapala may share information about our users, traffic patterns, and related Site information, in aggregate form, with reputable third-party affiliates and vendors, but these statistics will include no individually identifying information.

Information Automatically Collected

When you visit this Site, our Web servers may collect some information automatically, such as your Internet protocol address, the identity of your Internet Service Provider, your operating system, and the time and date or your visit. This information is not linked to personally identifiable information. This information is used to compile aggregate statistics about the total number of daily visitors to our Site, the pages most frequently visited and how long visitors tend to stay at each page. By collecting this information we get a better understanding of your preferences so we can continually improve your online experience with us. We do not use persistent “cookies” or tracking mechanisms that collect personally identifying information on our sites. Our Site uses session tracking to anonymously collect a visitor’s IP address and the date of the visit. Session tracking utilizes temporary files that are erased when you close all browsers and, unlike persistent cookies or tracking mechanisms, are not stored on your hard drive. We use session tracking for site management purposes.

Business Transition

The information covered by this Privacy Policy is an asset of Rapala and will become part of our normal business records. If Rapala or a substantial part of our business is sold or otherwise transferred to a third party, such as a legal successor in interest, your information may be transferred to that third party.
If You Need to Change Your Information on the Site
If any of the personal information you submitted to our Site is inaccurate, please contact us at feedback@rapalausa.com and we will use reasonable efforts in our control to correct that information.

How We Secure Your Information

Our Site has industry-standard measures in place to protect the loss, misuse and alteration of the information under our control. Personal information that you submit to our Site is stored for us internally on servers having managed firewall protection.
Personal information that you submit to our Site is also stored for us by an authorized third party, ASI Marketing, that facilitates the transmission of our newsletter to those visitors requesting it, manages our Promotion Sweepstakes, and manages the database of information submitted with regard to the Rapala Pro Fishing game. While ASI Marketing has notified us that it also follows industry-standard measures to protect the loss, misuse, and/or alteration of the information under its control. Rapala is not responsible for any breaches in security experienced by ASI Marketing. We encourage you to contact ASI Marketing directly at www.a-s-i.com if you have questions regarding the security that it provides with regard to your personal information.

Children

Protecting the privacy of children is very important to us. For that reason, our Site does not intentionally solicit, collect and/or maintain personally identifiable information from users under age 13. If you are under the age of 13, we ask that you do not submit any personal information to us and use this Site only in conjunction with a parent or guardian. If you are a parent or guardian and your child has submitted personal information to us, please contact us at feedback@rapalausa.com so that we may delete such information from our records.