Your access to and use of the web site currently located at www.mizunousa.com (the “Site”) and owned by Mizuno USA, Inc. (“Mizuno USA”) is subject to the following terms and conditions which may be updated by us from time to time without notice to you, and all applicable laws. In consideration of your use of the Site, or any individual or entity on whose behalf a user accesses or uses the Site, accept, without limitation or qualification, the following "Terms and Conditions” and agree to be bound by the Mizuno USA Privacy Policy. In addition, when using any particular Mizuno USA services, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. Please read these rules carefully and often as they are subject to change.

Terms and Conditions

1. Description of Service. Mizuno USA currently provides users with access to a rich collection of on-line resources, including, information regarding MIZUNO products and support services. You understand and agree that the Site is provided "as is" and that Mizuno USA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access or utilize free public access available through public libraries. In addition, you must provide or obtain access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Mizuno USA maintains this Site for your personal entertainment, information and education. Please feel free to browse the Site. You may print or download material owned by Mizuno USA displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Site in whole or in part for any purpose, without written permission from Mizuno USA or the owner of such content in each instance.

2. Mizuno USA Privacy Policy. Registration data and certain other information about you is subject to the Mizuno USA Privacy Policy. For more information, please see our full privacy policy.

3. Copyright Information. You should assume that everything you see or read on the Site is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions, without the written permission of Mizuno USA. Mizuno USA neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Mizuno USA.

4. Use Of Images. Images of people or places displayed on the Site are either the property of, or used with permission by, Mizuno USA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

5. Trademark Information. The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of Mizuno USA, Mizuno Corporation and others (collectively the "Trademarks"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the written permission of Mizuno USA or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Mizuno USA will aggressively enforce its intellectual property rights to the fullest extent of the law.

6. Mizuno USA Use of Material. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. By transmitting or posting anything to Mizuno USA or the Site, you grant Mizuno USA or its affiliates an irrevocable, worldwide, royalty-free nonexclusive license to reproduce, modify, adopt and publish such materials, in whole or in part for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media now known or later developed. Furthermore, Mizuno USA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. Through your usage of the Site, you may submit and/or Mizuno USA may gather certain limited information about you and your web site usage subject to the Mizuno USA Privacy Policy.

7. Links and Advertisers. Mizuno USA has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of Mizuno USA. Your correspondence or business dealings with or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. Mizuno USA shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the Site. We welcome links to the Site. You are free to establish a hypertext link to this Site so long as the link and use of the link does not state or imply any sponsorship, endorsement or affiliation of you or your site by Mizuno USA. Without the prior written permission of Mizuno USA, you may not frame any of the content of the Site, or incorporate into another Web site or other service the intellectual property of Mizuno USA or any of its licensors.

8. Mizuno USA User Conduct. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Mizuno USA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

9.Disclaimer. Mizuno USA makes no warranties or representations as to the Site or its accuracy. Mizuno USA assumes no liability or responsibility for any errors or omissions in the content or operation of the Site.

10.Disclaimer of Warranties. Your use of and browsing in the Site are at your risk. You understand and agree that Mizuno USA assumes no responsibility for the timeliness, deletion or mis-delivery of any communications. MIZUNO USA, ANY OF ITS AFFILIATES, ADVERTISERS, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Mizuno USA also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

11.International Use. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Mizuno USA does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

12.Termination. Mizuno USA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that Mizuno USA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

13.General Information. This constitutes the entire agreement between you and Mizuno USA regarding use of the Site, superseding any prior agreement between you and Mizuno USA regarding use of the Site. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. Mizuno USA may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. The failure of Mizuno USA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such provision. These Terms and Conditions and the relationship between you and Mizuno USA shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Mizuno USA agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Gwinnett County, Georgia.

Unsolicited Ideas or Inventions

Mizuno or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Mizuno or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Mizuno’s products or marketing strategies might seem similar to ideas submitted to Mizuno. Mizuno realizes the possibility exists that it will miss out on a good suggestion by adopting this strict policy and procedure. However, experience has shown us that this policy, which is shared by most major corporations, is the approach we consider to be in the best long term interest of everyone, legally protecting the interests of all parties involved. From a legal standpoint, we hope you understand Mizuno’s position. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your submissions and by your submission of ideas, you agree to these terms.

TERMS OF IDEA SUBMISSION

You agree that subject to any existing patent rights you may own: (1) your submissions and their contents will automatically become licensed to Mizuno, without any compensation to you; (2) Mizuno may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Mizuno to review the submission; and (4) there is no obligation to keep any submissions confidential.

PRODUCT FEEDBACK

Although the policy dictates Mizuno cannot consider your idea, and Mizuno cannot offer you any compensation for this idea, this in no way reflects on its merits, and we greatly appreciate your interest in Mizuno.If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found here, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on Mizuno’s existing products or marketing strategies; do not include any ideas that Mizuno’s policy will not permit it to accept or consider. It’s just one more way that Mizuno can learn how to best satisfy your needs. Any feedback you provide at this site shall be deemed to be non-confidential. Mizuno shall be free to use such information on an unrestricted basis.

Copyright © 2001 Mizuno USA, Inc. All rights reserved.