Privacy Policy and Terms and Conditions of Use Welcome to the Volkl Sport America Web Site (“Site”). Our Site is designed to allow users to obtain information about skis, snowboards and tennis racquets. These Terms And Conditions Govern Your Use Of This Site These Terms and Conditions of Use constitute the contractual agreement between you and Marker-Volkl USA. (the “Company”) regarding your use of our Site and any activities or transactions you may conduct through the Site.

These Terms and Conditions contain our Privacy Policy: our commitment to you concerning how we use information you provide to us. Your use of our Site constitutes your agreement to follow and be bound by these Terms and Conditions of Use, and by our Privacy Policy (collectively, our “Terms and Conditions”). If you do not agree to these Terms and Conditions, please refrain from using our Site.. We Keep Personal Information Private Unless we have your permission, we do not share with third parties any personal information you provide to us. By “personal information” we mean information that can be used by someone to identify or contact you, such as your name, e-mail address, mailing address, telephone number or fax number, and by “third parties” we mean anyone who is not directly involved in the maintenance or running of our web site, or who is not a corporate affiliate of Marker-Volkl USA.

Each of our employees and volunteers abides by our privacy policy, and only authorized employees have access to our visitor’s personal information. We Limit Our Use Of Personal Information. We use the information you provide to us strictly for the purposes for which you have provided it. For example, if you request information about a ski product, and provide us with contact information (which may include personal information, such as an e-mail address, mailing address, or phone number), we will use that information to contact you regarding your request.

In addition, we may use your personal information, for example, to deliver free promotional materials or newsletters to you, unless you prefer that we not contact you in the future. If you would prefer not to receive such information from us, simply notify us that effect using the contact information provided in the section below entitled “Contact Us.”

To measure our visitors’ interest in and use of various areas of our site, we may rely upon aggregate information — which is information that does not identify you, such as age, gender and web pages viewed on our Site. With this aggregate information, we may monitor visitor traffic patterns and usage of our Site and undertake to improve our Site’s layout and design. Although we may share this aggregate information with third parties, please rest assured that no information we provide to third parties will allow anyone to identify you, or determine anything personal about you. Cookies Cookies are small pieces of information stored by your browser on your computer’s hard drive. We may use cookies to help us give you a better experience on our Site, by letting us monitor what is functioning and what is not through traffic analysis. If you accept a cookie rest assured that the cookie does not contain any of your personal information. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them. Please consult the help section of your web browser software to learn how to do this. We Allow You To Update, Correct, Or Delete Your Personal Information If at any time you would like us to update or correct personal information you have previously provided to us, feel free to contact us using the contact information provided in the section below entitled “Contact Us,” and we will update or correct your personal information to the extent your request does not compromise our privacy policies. In addition, if you request, we will use commercially reasonable efforts to remove your name and personal information from our database. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name from our database, please notify us in writing to this effect, again by using the contact information provided in the section below entitled “Contact Us.” Privacy Protection for Children Consistent with the Children’s Online Privacy Protection Act of 1998, we do not knowingly request personal information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a user of the Site is under the age of 13 and has made an inquiry or request to our Site, and has provided personal information to us, we will delete his or her personal information from our files. Exception There is an exception to our privacy policy, in that it may be necessary for us to release or use personal information in connection with legal proceedings, or in response to a subpoena or court order. Ownership Of Site Contents; Downloading Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Site (collectively, the “Contents”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by the Company, or used under principles of “fair use.”

The Contents of our Site, and the Site as a whole, are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. Please understand that by allowing you to download these materials, we expressly do not transfer to you any right, title or interest in the materials.

User Comments; Control and Content Of User-Posted Information; Other Use of Site All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the Company’s property. You agree that the Company may use or disclose Comments in any manner consistent with our Privacy Policy (set out above). The Company shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Site for any purpose whatsoever. The Company has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete any material posted by users on the Site, in our sole discretion and without notice.

You are prohibited from posting or transmitting any advertising, “spam,” unlawful, or other material we deem inappropriate for our Site. The Company disclaims all responsibility or liability arising from the content of any user postings.

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate burden on our Site. We reserve the sole and absolute discretion to deny, revoke or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions. Complaints Over Perceived Infringement The Company respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, repeatedly infringe the intellectual property rights of others. If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work. Designated Agent If you believe materials posted on our site infringe the copyright in your Work, please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our “Designated Agent”):

Webmaster Marker-Volkl USA
112 Etna Road
Lebanon, NH 03766
webmaster@volkl.com

Your notice to our Designated Agent should follow the notice provisions set out in the Digital Millennium Copyright Act (17 U.S.C. §512). Additional information can be obtained from the web site of the Copyright Office, located at http://www.loc.gov. Links To Other Web Sites And Services Our Site may have links to other outside, non-Company web sites (“Third Party Sites”). We do not necessarily endorse, sanction, or verify these Third Party Sites, and we provide these links merely for our users’ convenience. The Third Party Sites will have their own rules and privacy policies that you may wish to review, and the Company assumes no responsibility for the Third Party Sites. We do not control the availability or content of any Third Party Sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Pricing Policy: If we mistakenly have priced an item too high, you will be charged the lower price, provided that your order is for your own personal use, and not for further resale. If we have mistakenly priced an item too low, we will contact you to inform you of the correct price before shipping. You may, of course, cancel your order if you so desire. Acceptance of Orders The receipt of an e-mail order confirmation does not constitute the acceptance of an order from our Site. We reserve the right, without prior notification, to limit the quantity on orders made from our Site, and /or to refuse service to any user who acts in violation of these Terms and Conditions. Disclaimer While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content on this Site.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations pregarding the exclusion of implied warranties. Indemnification You agree to defend, indemnify and hold the Company harmless from anagainst any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms and Conditions. Limitation of Liability NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. Agreement Your use of this Site constitutes your agreement to follow and be bound by these rules and our policies. We may from time to time change the rules and policies that govern use of this Site. Whenever we make a change, we will post the updated policy at this Site. By using this Site following the posting of a change in to our rules or policies, you consent to the updated policy. Any changes will apply prospectively only. We may, of course, change, move, or delete portions our Site, or may add to our Site from time to time. Security of Information We have put in place security control systems designed to prevent unauthorized disclosure of your personal information. Due to the nature of the Internet and developing technologies, we cannot, however, provide assurances as to the security of your information, and expressly disclaim any such obligations. Assignment In the event that the Company may wish to assign or transfer your personal information and its rights hereunder to a third party, you agree that the Company may do so, on the condition that such third party agree to abide by the Company’s applicable Terms and Conditions concerning privacy. Choice of Law and Jurisdiction Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting the goods of the Company. This Site is controlled and operated by the Company from its location in New Hampshire. This Agreement shall be construed in accordance with the laws of the state of New Hampshire, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in New Hampshire. Please Contact Us We are always happy to listen to your comments, and answer your questions. You may contact us by e-mail, telephone, fax, or mail, as follows:

Marker-Volkl USA
112 Etna Road
Lebanon, NH 03766

Telephone: 603-298-0314
Fax: 603-298-6134