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TERMS OF USE and SAFETY INFORMATION

Please see Important Safety Information Below

 

Last updated December, 2012

 

This website, www.swissarmy.com and www.victorinox.com (the “Website”), is owned and operated by Victorinox Swiss Army (“Victorinox”, “We” or “Us”).

 

Please read these Terms of Use carefully before registering or using the Website. If you do not accept these Terms of Use, then you may not use the Website. 

 

These Terms of Use are subject to change by us at any time, effective when posted on the Website.  Your continued use after such notice will constitute acceptance by you of such changes.

 

Permitted use of the Website

You may use this Website only for your personal and non-commercial purposes and subject to these Terms of Use and all applicable laws, rules and regulations.  You must be at least 18 years of age and the age of legal majority in your place of residence in order to register with the Website or make any purchases.

 

Registration

You may use the Website without registration, but you can create an account to make purchasing products easier and so that we may stay in contact with you.  Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity.  You are responsible for the security of your ID and password and will be solely liable for any use or unauthorized use under such ID and password.  We may suspend or terminate your access at any time with or without notice. 

 

Ratings and reviews

We may permit you to post ratings, reviews or otherwise share your thoughts or content in a public manner on the Website (“User Content”).  You hereby grant us a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, distribute or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website.  We may also use your name or screen name associated with the User Content.  Many different parties may post reviews and other content to the Website.  Such postings are the opinions of the individual authors of such materials, and do not reflect our opinion.  We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use.  Please use common courtesy when posting content. You may not post content that is offensive, threatening, illegal, inaccurate, consists of off-topic conversations or that violates a third party’s rights.  We may make all determinations as to what User Content is appropriate in our sole discretion.  We may include, edit or remove any User Content at any time without notice.

 

Unauthorized use

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website.  Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms of Use or disrupt the Website or any other user's use of the Website.  You may not resell use of, or access to, the Website to any third party.

 

Purchases

Prices shown on swissarmy.com/us and victorinox.com/us are displayed in U.S. currency and are valid only in the United States.  Prices are subject to change at any time without notice.

 

Taxes and Fees

Travel Gear consumers in select states (CA, CO, CT, GA, MO, NY, TN and TX) will see an estimate of applicable sales tax on their order confirmation. This amount is derived from fluctuating sales taxes across all affected states. The amount that appears on your order confirmation may be slightly different than the amount you are charged during the final transaction. However, the amount you are charged will never be higher than the amount on your order confirmation.

 

Errors and Inaccuracies

The information in the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

Termination

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

 

Privacy

The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy.

 

Links

This Website may contain links to other websites not maintained by us, such as third party sites where you can buy Victorinox products.  We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit.  We are not responsible for the practices or the content of such other websites or services.  The existence of a link between this Website and any other website is not and shall not be understood to be an endorsement by us of the other website or their non-Victorinox products. 

 

Victorinox Intellectual Property

Victorinox or its licensors are the exclusive owners of all designs, products, information and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website.  Except as set forth herein or authorized by Victorinox, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials or a legal right to do so.  The Victorinox Cross & Shield, Victorinox® and Swiss Army® are separate trademarks owned and registered by Victorinox AG, Ibach, Switzerland and its related companies.  All rights not granted under these Terms of Use are reserved by Victorinox.

 

No warranties; Limitation of Liability

THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE.  WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL WE BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) THE FEES PAID FOR A SPECIFIC PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE OR (II) TEN DOLLARS ($10).

 

Indemnification

You agree to defend, indemnify and hold us harmless and our officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Website or products purchased through the website (except to the extent a claim is based upon infringement of a third party right by materials created by us or our violation of applicable law) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

GOVERNING LAW

The laws of Connecticut shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FAIRFIELD COUNTY, CONNECTICUT FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE.

 

Any claims asserted by you in connection with the Website must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

 

General

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

 

International Access

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Website.  We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

 

Contact

Should you have any questions, you may contact us at consumer.inquiries@swissarmy.com.

 

 

Important Safety Information

 

All knives and implements, including ours, can cause serious injury.  Use, sharpen and care for  them carefully and responsibly and only for the purpose for which they are intended.  For example, never use a knife blade as a pry bar.  Keep out of the reach of children and exercise parental supervision at all times.