TERMS AND CONDITIONS OF USE
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.
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
USER GENERATED CONTENT
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
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.
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.
Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)
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.
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: email@example.com. You can reach us by telephone at 773.714.6400 (ask for Internet Applications Department).
Last revised July 9, 2018.