TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use ("Terms of Use") apply to “www.wilson.com”, “www.demarini.com”, “www.slugger.com” “www.atecsports.com” "www.evoshield.com" and "www.luxilon.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 agree 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.

These Terms of Use contain a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.

NOTICE TO AMATEUR ATHLETES

You are responsible for ensuring that your use of or participation in the activities of the Websites does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. WILSON IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

COPYRIGHT AND OWNERSHIP

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.

All trademarks, service marks and trade names of WILSON used herein (including, but not limited to the Wilson name, the Wilson “W” logo, the Wilson “script” logo, the DeMarini name, the DeMarini “D” logo, the Louisville Slugger name, the Louisville Slugger “LS” logo, the ATEC name, the ATEC logo, the Evoshield name, and the Evoshield “shield” logo) are trademarks or registered trademarks of Wilson Sporting Goods Co. and may not be used without the express written permission of WILSON. Luxilon name and the Luxilon “LXN” logos are registered trademarks of Luxilon Industries NV.  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

By placing an order for products on the Websites, you agree to the Terms of Sale which terms are made a part of these Terms of Use by this reference. We attempt to ensure that product information on this Websites is complete, accurate and current. Despite our efforts, information on this Websites may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Websites. In addition, we may make changes in information about descriptions, specifications, prices and availability without notice.  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

EXCEPT AS PROHIBITED BY APPLICABLE NEW JERSEY LAW, WILSON, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “WILSON PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE WEBSITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WILSON PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. EXCEPT AS PROHIBITED BY NEW JERSEY LAW, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WILSON PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROHIBITED UNDER APPLICABLE NEW JERSEY LAW, THE WILSON PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE WEBSITES, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE WILSON PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROHIBITED UNDER APPLICABLE NEW JERSEY LAW, YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE WILSON PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE. IF YOU ARE A RESIDENT OF NEW JERSEY: THIS DISCLAIMER SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY WILSON’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED UNDER NEW JERSEY LAW, THE WILSON PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITES OR ANY CONTENT ON THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. EXCEPT AS PROHIBITED UNDER NEW JERSEY LAW, THE WILSON PARTIES 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 THE WILSON PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE WILSON PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. EXCEPT AS PROHIBITED UNDER APPLICABLE NEW JERSEY LAW, THE WILSON PARTIES 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 WEBSITE.

IF YOU ARE A RESIDENT OF NEW JERSEY: THIS LIMITATION OF LIABILITY SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY WILSON’S OWN FRAUD, RECKLESSNESS, GROSS NEGLEGENCE OR WILLFUL MISCONDUCT.

IDEMNIFICATION

Except as prohibited under New Jersey law, you hereby agree to indemnify, defend and hold harmless WILSON and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Websites, including without limitation with respect to any claim arising out of any User Generated Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. WILSON reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of WILSON. You shall cooperate as fully as reasonably required in the defense of any claim. IF YOU ARE A RESIDENT OF NEW JERSEY: THIS INDEMNIFICATION SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR RESPONSIBILITY FOR LOSSES OR DAMAGES CAUSED BY WILSON’S OWN FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITES, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and WILSON, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point WILSON will cover all additional administrative fees and expenses. WILSON waives its right to recover attorneys’ fees in connection with any arbitration under these Terms of Use. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

The dispute will be governed by the laws of the State of Illinois, USA. The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor WILSON nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and WILSON.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. WILSON AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and WILSON with respect to your use of the Websites, and supersedes all prior agreements or communications. If any provision of these Terms of Use are found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. 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., 1 Prudential Plaza, 130 E. Randolph Street, Suite 600, Chicago, IL 60601 USA. 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 July 8, 2018..