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Privacy Policy

September 15, 2016
(update December 9, 2019)

CALIFORNIA RESIDENTS - ADDITIONAL RIGHTS UNDER California Consumer Privacy Act

Amer Sports is committed to protecting your privacy and complying with applicable data protection and privacy laws. This Privacy Policy (“Policy”) is designed to help you to understand what kind of information we collect in connection with our products and services and how we process and use such information. Throughout this Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person).

“Amer Sports” refers to Amer Sports Corporation, including all its group companies, affiliates and subsidiaries from time to time (also referred to as “we”, “us”, or “our”). Brands of Amer Sports are listed in www.amersports.com/brands. You acknowledge and agree that your personal data collected may be used in accordance with this Policy by and for one or more Amer Sports group companies, which will be regarded, individually or jointly, as data controllers in respect of such data.

This Policy applies to personal data collected in connection with products and services offered by Amer Sports or from other interactions with us where a link or other appropriate reference of incorporation to this Policy is made, for example, in connection with our products, websites, applications and other types of services offered by Amer Sports typically in electronic form, as well as other services such as customer care and warranty services, customer events, or promotions and campaigns.

We typically provide additional privacy related terms in connection with a particular Amer Sports product or service. Such product or service specific terms prevail over this Policy to the extent of any conflict. Our products or services may also contain links to other companies’ websites and other third party services that have privacy policies of their own. We recommend that you carefully read the privacy policies of such services. Amer Sports is not responsible for the privacy practices or contents of any such third party services.

Where a consent from you to the processing of personal data described in this Policy is required under the applicable law, such consent will be obtained by appropriate mechanism such as ticking a box stating your consent, choosing technical settings for a service or website, or other statement or conduct clearly indicating your acceptance to the processing, depending on the product, website, service or application you are using.

DATA COLLECTED

We collect your personal data typically when you purchase our products or services, use or register into our services, enter into a sales promotion or a campaign, or otherwise interact with us. Below are examples of the categories of the data we collect on you.

Technical Information. For the most part, you may visit our websites or use our products or services without having to identify yourself. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the ad banners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication. Please also see the section “Use of Cookies and Web Beacons” below.

Information you provide us. When you register to our services, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with certain information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you, as well as information uploaded by you such as location, route information, pictures etc. We may collect training data, demographic information, for example, your age, gender, postal code and language preferences.

We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient.

Special categories of personal data. We may collect your biometrical and health related data such as blood pressure, heart rate, fingerprints or similar depending on the service or product you have purchased. Users are requested to grant consent for such data collection explicitly per each service or product in question. For certain services or applications, this may be done by adjusting the settings of the application or service. Denial of the consent may affect the provision of the relevant service.

Your transactions with us. We collect or request information relating to your purchase or use of our products or services as well as your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), purchasing details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and Amer Sports, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communication with our customer care or with other similar contact points.

Location data. Certain services may involve the use of your location data. Use of your location data is, however, subject to your prior consent for each service.

Data obtained from third parties. In addition to the personal data we obtain from you, we may obtain, in accordance with applicable laws, certain personal data from list rental companies and other publicly available sources. This may include personal data such as credit information and address information updates.

THE PURPOSES OF PROCESSING

Amer Sports processes your personal data for the purposes described in this Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously.

Provision of products and services. We may process and use your personal data to provide you the product or service you have requested, fulfill your other requests such as customer service, process your order or as otherwise may be necessary to perform or enforce the contract between you and Amer Sports. We may also process and use your personal data to ensure the functionality and security of our products and services, to identify you, and to prevent and detect fraud and other misuses.

Development of products and services. We may process and use your personal data to develop our products and/or services. However, for the most part we only use aggregate and statistical information in the development of our products and services, and not data directly identifiable to you. We may also process and use your personal data to personalize our offerings and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising. We may combine personal data collected in connection with your use of a particular Amer Sports product and/or service with other personal data we may hold about you, except where such personal data was collected for a different purpose.

Communicating with you and marketing. We may process and use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may process and use your personal data for marketing. Marketing purposes may include using your personal data for personalized marketing or research purposes in accordance with applicable laws, for example, to conduct market research and to communicate our products, services or promotions to you via our own or third parties’ electronic or other services.

In addition, some of our products and services may be used to promote products and services of other companies. However, Amer Sports does not disclose your personal data to such companies for their marketing purposes without your prior consent.

Profiling/personalization. We may process and use your personal data for profiling/personalization for such purposes as targeted direct marketing and improvement of our products or services. We may also create aggregate and statistical information based on your personal data. Profiling/personalization includes automated processing of your personal data for evaluating, analyzing or predicting your personal preferences or interests in order to, for example, send you marketing messages concerning products or services best suitable for you.

TRANSFERS OF YOUR PERSONAL DATA

We may disclose your personal data to third parties solely as stated below in this Policy, or as obligated by mandatory law.

Amer Sports group companies. You acknowledge and agree that we may share your personal data within Amer Sports group companies, and may transfer your personal data for the use of other Amer Sports group companies for the purposes set forth in this Policy, when a group company/group companies are involved in the provision of the services to you or to other group companies. This may include, for example billing and delivery of your purchases, provision of services such as customer service, development and maintenance of digital solutions and managing, analyzing and profiling/personalization of customer data as set forth above. Other group companies/brands of Amer Sports, than the one you have separately subscribed to as a consumer, will not send you e-mail or text message based marketing.

Opting-out from e-mail/SMS based marketing. You may opt-out from brand marketing e-mails by following the guidance in those e-mails (typically provided via “unsubscribe” link) or by contacting the respective brand/group company as set forth in the e-mail and in their web site. If you opt-out, we may still send you non-marketing e-mails, such as service notifications or other information or if you are a business customer, we may send business relation information. You may also opt-out from any SMS based direct marketing by contacting the respective group company/brand as set forth in their site or via SMS as may be applicable.

Service providers and other authorized third parties. We may transfer your personal data to authorized third parties who process personal data on behalf of Amer Sports for the purposes described in this Policy, such as e.g., technical, logistics, e-commerce, marketing and other service providers. Such parties are not permitted to use your personal data for any other purposes than for what your personal data was collected, and we require them to act consistently with applicable laws and this Policy as well as to use appropriate security measures to protect your personal data.

We may also transfer your personal data, including heart rate data, biometrical data or other health related data, to a service partner, if you use such services where a third party company needs to process such data for the provision of the respective service or where you separately agree that a third party company may process your data in connection with the services or products of Amer Sports.

International transfers. Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred outside the country where you use our services, including to countries outside the European Economic Area (EEA), where the level of data protection may not be deemed adequate by the European Commission. In such cases we take steps to ensure that adequate protection for your personal data is provided as required by applicable laws. For international transfers of your personal data, we generally rely on agreements that are based on the Standard Contractual Clauses (“SCCs”) of the European Commission. You may find the SCCs here. If you wish to know more about international transfers of your personal data, you may contact us via the contact details given below.

Other disclosures. We may disclose and otherwise process your personal data in accordance with applicable laws to defend Amer Sports’ legitimate interests, for example, in civil or criminal legal proceedings.

Mergers and Acquisitions. If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers, for the purposes of such transactions.

DATA CONCERNING MINORS

Amer Sports does not seek to collect any information from or engage in any transactions with persons under the legal age in their respective country. Our databases may nevertheless contain personal data of children due to the fact that it is not always possible to determine precisely the age of the user. We reserve the right to block the service from any person who is or whom we reasonably suspect of being a minor.

Amer Sports’ policy is to request that minors do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. If you are a minor but have your legal guardian’s consent, you must be able to prove that such consent exists upon request.

DATA QUALITY AND RETENTION

We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data.

Certain Amer Sports products and services may allow you to manage your profile and the information in such profile. We encourage you to access your personal data via your profile from time to time to ensure that it is correct and up-to-date. Please remember that for such electronic services where you may manage your profile, it is your responsibility to provide us with correct details as well as to update the personal data you have provided us with in case of any changes.

We store your personal data only for a period necessary for the purpose in question or as long as required by applicable laws.

DATA SECURITY

Amer Sports implements appropriate technical and organizational security measures to prevent and minimize risks associated with providing and processing personal data.

Such security measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors, sufficient training of Amer Sports’ personnel involved in the processing, and other necessary measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidental damage or destruction of your personal data. If a particular part of an Amer Sports website supports on-line transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (“SSL”), to protect the confidentiality and security of online transactions.

USE OF COOKIES AND WEB BEACONS

From time to time when you visit an Amer Sports website, information may be placed on your computer to allow us to recognize your computer in the form of a text file known as a “cookie”. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or the need to re-enter items you place in a shopping cart if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis and profiling.

Some of the Amer Sports websites may also use other kinds of local storage technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.

Amer Sports may use so called web beacons (or “pixel tags”) in connection with some websites. However, we do not use them to identify individual users personally. Web beacons are typically graphic images that are placed on a website and they are used to count visitors to a website and/or to access certain cookies. This information is used to improve our services. Web beacons do not typically collect any other information than what your browser provides us with as a standard part of any internet communication. If you turn off cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your IP-address, but such information will no longer be personally identifiable.

If you wish to disable cookies, or want to be notified before they are placed, you may do this in your browser settings. For example, if you are using Internet Explorer, you may disable and manage cookies by following the instructions here. Further information about controlling of cookies can be found from: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options.

However, we may not be able to provide certain services or you may not be able to view certain parts of this site if you have disabled cookies.

Some of our business partners whose content is linked to or from our website may also use cookies or web beacons. However, we have no access to or control over these cookies.

You acknowledge and agree to the storage of cookies, other local storage technologies, beacons and other information on your devices and to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above.

YOUR RIGHTS

You have the right to request information and access to the personal data we have collected from and of you. You also have the right to request that we replenish, rectify, anonymize or delete any incomplete, incorrect, unnecessary or outdated personal data we hold on you. However, we cannot delete such personal data that is necessary for compliance with binding legal obligations or if the personal data must be retained according to applicable laws. You have the right to request and receive the personal data we have collected on you in a commonly used and machine-readable form. In case you consider your personal data collected by us to be inaccurate, you do not wish your personal data to be deleted where the processing of your personal data has been deemed unlawful or the personal data is no longer necessary, or you have objected to the processing and the existence of legitimate grounds for processing is still under consideration, you may request restriction of processing of your personal data.

You may also at any time object to your personal data being processed for direct marketing purposes, sending promotional materials, profiling, or for the performance of market research. Further, where your personal data is processed based on your consent, you have the right to withdraw your consent for such processing at any time.

In case you wish to make use of your rights mentioned above, you may, as appropriate and in accordance with applicable laws, exercise such rights by contacting us through the contact points referred in the marketing materials or below in this Policy. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the services to you. We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it.

Please note that Amer Sports may need to identify you and to ask for additional information in order to be able to fulfill your above requests. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights.

COMPLAINT TO THE SUPERVISORY AUTHORITY

In the event you consider Amer Sports’ processing activities of your personal data to be inconsistent with the applicable data protection laws or that Amer Sports has not sufficiently ensured the realization of your rights, you may lodge a complaint with the local supervisory authority responsible for data protection matters.

THE CONTROLLER OF YOUR PERSONAL DATA AND CONTACT DETAILS

The data controllers responsible for the purposes of the applicable data protection laws are, as applicable:

1) Amer Sports Corporation
Konepajankuja 6
00511 Helsinki
Finland

and/or

2) The Amer Sports group company, whose webpage, application, product or service you are using (name and registered address available during the purchase or registration process)

and/or, as applicable,

3) The Amer Sports group company which uses your personal data for its direct marketing or similar purposes (name and registered address available in the marketing material received by you).

You may contact the above mentioned data controllers as set forth in their respective sites or at the following address:

Amer Sports Corporation
c/o Legal
Konepajankuja 6
00510 Helsinki
Finland

CHANGES TO THIS PRIVACY POLICY

Amer Sports may from time to time update and change this Privacy Policy. If the changes include new purposes of processing, Amer Sports will give you prior notice of such changes and, where necessary, request your consent.

CALIFORNIA RIGHTS

CALIFORNIA RESIDENTS (California-Specific description of privacy rights – under the California Consumer Privacy Act - CCPA).  This section fully incorporates all of the above stated Privacy Policy as if fully set forth below and your rights under the CCPA are intended to supplement the rights set forth therein.

RIGHT TO KNOW / ACCESS

California residents have the right, (upon a verifiable request) to request the following:

  1. The categories of personal information we have collected about you.
  2. The categories of sources from which personal information is collected.
  3. The business or commercial purpose for collecting or selling personal information.
  4. The categories of third parties with whom we share personal information.
  5. The specific pieces of personal information we have collected about you.

Please note that the Amer Sports group company may need to identify you and to ask for additional information in order to be able to fulfill your request. You can make your request at the toll-free number or through the online webform listed below. In both instances, you may be required to provide your email address on file with us among other information. We will acknowledge your request within 10 days. Upon verification of your identity, we will fulfill your request. However, we will not provide any information that we reasonably believe may be subject to fraudulent action.

To submit a data request call: 1-800-401-7908 or submit a request through our online form (here)

To make this request, please fill in all required fields. For this request, also:

  1. Select Topic “About my Order / my Account”,
  2. Select any Product Category,
  3. In the Subject field write “Personal Data Management”
  4. In the Message field write “Right to Know”.
RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

California residents have the right to request deletion of their personal information collected or maintained by Amer Sports

Please note that the Amer Sports group company may need to identify you and to ask for additional information in order to be able to fulfill your request. You can make your request at the toll-free number or through the online webform listed below. In both instances, you may be required to provide your email address on file with us among other information. We will acknowledge your request within 10 days. Upon verification of your identity, we will fulfill your request. However, we will not provide any information that we reasonably believe may be subject to fraudulent action.

To submit a deletion request call: 1-800-401-7908 or submit a request through our online form (here)

To make this request, please fill in all required fields. For this request, also:

  1. Select Topic “About my Order / my Account”,
  2. Select any Product Category,
  3. In the Subject field write “Personal Data Management”
  4. In the Message field write “Right to Deletion”.

Please note, to ensure that your personal information is permanently deleted, you should delete your cookies from your browser (refer to our Cookie Policy) and decline giving your consent via our cookies preference center (here).

DO NOT SELL MY INFO

You have the right, at any time to direct a business that sells personal information about you to third parties not to sell your personal information. This is the right to opt-out of sale.  The meaning of “sell” under the CCPA is broadly defined and can include sharing your information for any economic benefit.

Amer Sports shares your information with service providers and other authorized third parties as set forth in the Privacy Policy above.  To the extent that any such third party is not considered a service provider under the CCPA or the CCPA is interpreted in a way that any action of Amer Sports is a “sale”, is “selling”, or otherwise deriving an economic benefit from the sharing of your personal information as described in this Privacy Policy and to the extent that you wish us not to share such information, please submit your request using the methods listed below.

Please note that the Amer Sports group company may need to identify you and to ask for additional information in order to be able to fulfill your request. You can make your request at the toll-free number or through the online webform listed below. In both instances, you may be required to provide your email address on file with us among other information. We will acknowledge your request within 10 days. Upon verification of your identity, we will fulfil your request. Be advised, that a request of “Do Not Sell My Info” will result in the deletion of all information that the Amer Sports group company has on file about you.  

To submit a “Do not Sell My Info” request call: 1-800-401-7908 or submit a request through our online form (here)

To make this request, please fill in all required fields. For this request, also:

  1. Select Topic “About my Order / my Account”,
  2. Select any Product Category,
  3. In the Subject field write “Personal Data Management”,
  4. In the Message field write “Do Not Sell My Info”.

Please note, to ensure that your personal information is not shared/sold, you should delete your cookies from your browser (refer to our Cookie Policy) and decline giving your consent via our cookies preference center (here).

CALIFORNIA MINORS only: See DATA CONCERNING MINORS above.  Businesses are not permitted to sell your information unless you are between 13 and 16 years of age, or your parent, if you are under 13 years of age have affirmatively authorized the sale/sharing of your information. This is the right to opt-in. If you are between 13-16 years of age, you may opt-in simply by consenting to cookies via our cookies preference center (here).  If you are under 13, we do not seek to engage with you in any transaction, tracking by cookies or otherwise.   

RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF YOUR CALIFORNIA PRIVACY RIGHTS

Discrimination – You have the right not be discriminated against because you exercised any of your rights under California law. 

AUTHORIZED AGENT

You have the right to designate an authorized agent to make any CCPA request on your behalf.  Amer Sports reserves the right to ask for proof that such agent is in fact authorized by you.


Terms

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” 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).