TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use ("Terms of Use") apply to "www.wilson.com", "www.demarini.com", and "www.atecsports.com" (collectively, "the Websites") operated by Wilson Sporting Goods Co. ("WILSON"). Please read these Terms of Use carefully before using the Websites. By accessing the Websites you consent to these Terms of Use and other applicable law. Please do not use the Websites if you do not agree with these Terms of Use. WILSON reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use of this Website and agree that your continued use of the Website constitutes your consent to the latest modified Terms of Use.

Intellectual Property

Copyright

All Content in the Websites is owned by WILSON. "Content" includes, but is not limited to all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with WILSON for the purchase of WILSON products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by WILSON.

Trademarks

All trademarks, service marks and trade names of WILSON used herein (including, but not limited to the WILSON name, the WILSON "W", the WILSON "script", the DeMarini name, and the ATEC name) are trademarks or registered trademarks of Wilson Sporting Goods Co. and may not be used without the express written permission of WILSON. All other intellectual property in the Websites, including, but not limited to patents, issued or pending, is the sole property of WILSON and/or its licensors.

Privacy

WILSON takes the privacy of the users’ of its websites seriously and is committed to its safeguarding. Privacy terms in connection to the Websites are described in our Privacy Policy.

Product Orders

WILSON reserves the right to change the descriptions, specifications, and prices of the products offered on the Websites without notice and at any time. WILSON does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times. Products may not be available for delivery to your country of residence.

Products ordered through the Websites are subject to acceptance by WILSON at its sole discretion. WILSON may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by WILSON, WILSON shall issue a credit to your credit card account.

Risk of Loss

Risk of loss and title for all products purchased from WILSON will pass to you upon WILSON’s delivery of such products to its shipping carrier.

Links to Third Parties

For your convenience, links to websites owned by third parties may be provided on the Websites from time to time. These links take you outside WILSON’s service and off the Websites. This includes links to partners that may use WILSON's logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although WILSON seeks to protect the integrity of its Websites, WILSON is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

User Generated Content

WILSON does not, and you agree that WILSON has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Websites (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Websites) (collectively, "User Generated Content"), that WILSON is not in any manner responsible for User Generated Content, that WILSON does not guarantee the accuracy, integrity or quality of User Generated Content, and that WILSON cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Websites. You acknowledge that by providing you with the ability to access and view User Generated Content on the Websites, WILSON is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of WILSON or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that WILSON has the absolute right to monitor User Generated Content posted to the Websites in its sole discretion. In addition, WILSON reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify WILSON in writing of any objectionable content appearing on the Websites. WILSON will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Websites, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the Websites which WILSON in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of WILSON or another party, illegal, or otherwise objectionable to WILSON. You may not upload commercial content on the Websites or use the Websites to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Websites.

Use of Information Submitted

You agree that WILSON is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Websites, or created by you while accessing the Websites (including, without limitation, any designs or other materials created or submitted by you on the Websites), or contained in any communication you may send to WILSON or submit to the Websites without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Websites or other products or services.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Websites, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Websites or for any service offered on or through the Websites, the latter terms shall control with respect to your use of that portion of the Websites or the specific service.

Disclaimer of Warranties

THE WEBSITES AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WILSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WILSON DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WILSON DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

WILSON DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITES. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WILSON FOR DISSATISFACTION WITH THE WEBSITES OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

WILSON WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITES OR ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. WILSON WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITES, EVEN IF THERE IS NEGLIGENCE BY WILSON OR IF AN AUTHORIZED REPRESENTATIVE OF WILSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. WILSON WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITES.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Indemnification

You agree to indemnify, defend, and hold harmless WILSON, its officers, directors, employees, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of the Websites.

Miscellaneous

Your use of the Websites shall be governed by the laws of the State of Illinois, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Websites (including, but not limited to the purchase of WILSON products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Cook County, Illinois. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of WILSON products) must be commenced within one (1) year after the claim or cause of action arises. By using the Websites, you agree to receive electronic communications from WILSON. You agree that any notice, agreement, disclosure or

other communication that WILSON sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. WILSON's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WILSON may assign its rights and duties under this Agreement to any party at any time without notice to you.

Contact Us

The Websites are operated by Wilson Sporting Goods Co., 8750 W. Bryn Mawr, Chicago, IL 60631. The contact person at the site is: Digital Marketing Representative at: domainadmin@wilson.com. You can reach us by telephone at 773.714.6400 (ask for Internet Applications Department).

Last revised November 2011.