Legal Disclaimer

SMITH & WESSON CORP. WEBSITE
TERMS OF USE AGREEMENT AND DISCLAIMER OF LIABILITY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND S&W AND GOVERN YOUR USE OF THE WEBSITE, SUPERCEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND S&W RELATING TO YOUR USE OF THE WEBSITE.

Welcome to www.smith-wesson.com (the "Website"). SMITH & WESSON CORP. and its corporate affiliates ("we," "us" or "S&W") provide the information and content on this Website as an information service. By accessing this Website, you, and any parties on whose behalf or for whose benefit you access or otherwise use this Website, (collectively, "you" or "User") agree to be legally bound by and comply with the following terms (the "Agreement"). This Website Terms of Use Agreement and Disclaimer of Liability ("this Agreement") governs the use of the Smith & Wesson Corp. Website including the content contained therein ("this Website") and limits the liability of S&W resulting from any use thereof.

1.Acceptance.
Accessing or otherwise using this Website constitutes your acceptance of the terms of this Agreement. You represent and warrant that you have the legal authority to accept these Terms of use on behalf of yourself and any parties on whose behalf or for whose benefit you access or otherwise use this Website, (collectively, "you" or "User"). This Website is not intended to be used by children under 13 years of age. No information should be submitted to or posted to this Website by users under 13 years of age.

2. Permission to Use; Limitations; Termination.
Users who, have accepted this Agreement by their use or continued use of this Website have accepted the terms of this Agreement, and are granted permission to use this Website subject to the terms and conditions of this Agreement. Use of certain components of this Website may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate agreement or policy. All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements and policies provide for additional restrictions on use of this Website or additional limitations of liability, such restrictions or additional limitations of liability shall be in addition to those provided under this Agreement. Certain sections of this Website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by us. This Website may be used only for your personal noncommercial purposes. The Website is intended to be used by residents of the United States and its territories, possessions and protectorates only. You agree to be bound by and to comply with this Agreement as it may be modified from time to time as set forth below. You also agree to be bound by and to comply with all applicable laws and regulations. S&W may cancel your permission to use all or any part of this Website at any time for any reason in the sole discretion of S&W. Your permission to use this Website shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use this Website shall survive termination.

3. Third-Party Websites/Vendors.
This Website may contain advertisements for or information about third-party providers of information, services, products, or links to their websites. The owners and affiliates of such providers are referred to in this Agreement as "Third-Party Vendors". Such advertisements, information and links do not and shall not be construed as approval or endorsement of such vendors or their websites. If you decide to deal with such vendors or visit such sites, your use of such sites is subject to any applicable rules and policies of such Third-Party Vendors including any applicable terms of use agreements or privacy policies of such Third-Party Vendors. Third-Party Vendors have no authority to act on our behalf or to bind us, and we are not responsible for the actions of Third-Party Vendors. You shall be responsible for taking such steps, as you deem appropriate to evaluate Third-Party Vendors and their services and products and otherwise protect your legitimate interests. S&W is not and shall not be construed to be a party to any transactions that may be entered into between you and Third-Party Vendors.

4. User Postings: User Input.
This Website may, on occasion, provide a bulletin board or chat area ("Bulletin Board") as a convenience for Users. S&W assumes no obligation to monitor the contents of the Bulletin Board but reserves the right to refuse to accept and to remove any posting at any time. You agree not to post any information or materials that violate intellectual property laws, that are obscene, pornographic, defamatory, violent, harassing in nature, or that otherwise violate applicable laws or community standards, that solicit or promote any illegal activity, or that do not pertain to the subject matter of the Bulletin Board. You agree that by providing you with the ability to view and distribute user generated content on the Bulletin Board, S&W is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activity on the Bulletin Board. S&W reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; (d) violates any law or regulation; or (e) offensive or otherwise unacceptable to S&W. You acknowledge that any information and materials posted on this Website are subject to use by S&W in connection with operating this Website and promoting our business and as otherwise contemplated by this Agreement without further notification to or permission by you. In the event you believe that this Website contains any unlawful or inappropriate information or materials, you should notify us at the following address: Smith & Wesson Legal Dept., Website and Bulletin Board Postings, 2100 Roosevelt Avenue, Springfield, MA 01102-2208. Users under the age of 18 are not authorized to make any postings on the Bulletin Board without parental permission and by making such postings represent that they have obtained such permission. S&W assumes no obligation to investigate the existence of parental permission for access to or use of this Website. Users under the age of 13 are not allowed to make postings on the Bulletin Board in any manner. We may establish additional or different policies and guidelines from time to time regarding posting information on the Bulletin Board. All electronic mail or communications provided to us may be used by us for any purpose without compensation to the contributor, subject to our then existing privacy policy.

5. Security; Privacy.
We strive to maintain the security of information provided in connection with this Website but cannot guarantee the security of any such information and we shall not be responsible for any disclosure or compromise of User information. Further, you are responsible for maintaining the security of any passwords or other access keys provided to you for any restricted portions of this Website. We have no obligation to store or maintain any information provided by or on behalf of you. Any information we collect will be subject to our privacy policies as they may be modified from time to time.

6. Changes to Website; Limitation of Availability.
At any time and for any reason in our sole discretion, we may modify or discontinue any aspect or feature of this Website, including its content, functionality, hours of availability, pricing, registration requirements, the domain name addresses through which this Website is accessible, or the equipment needed for its use. The availability of this Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond our reasonable control including computer viruses, failure of telecommunication links, or failure of Internet infrastructure. You acknowledge and agree that we shall not be responsible for any interruptions of the availability of this Website.

7. Exclusive User Remedy; Typographical Errors.
In the event that you are dissatisfied with any aspect of this Website, your sole remedy shall be to discontinue use of this Website. In the event that a S&W product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, S&W shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, S&W shall issue a credit to your credit card account in the amount of the incorrect price.

8. Disclaimer Of Warranties.
Although we strive to provide high quality content on this Website, we do not guarantee or warrant the accuracy, completeness or timeliness of anything posted on this Website.

THIS WEBSITE IS PROVIDED "AS-IS" WITH ALL FAULTS AND S&W DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, S&W DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL ANY USER'S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE IS ACCURATE. S&W DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY VENDOR.

9. Disclaimer Of Liability.
NEITHER S&W NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS OR AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT S&W IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL S&W'S LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE.

10. Proprietary Rights; Restrictions.
You acknowledge and agree that this Website's content (i.e., data, information, files, graphics, etc.), design, code, underlying technology and related information are proprietary to us (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website by us or our affiliates does not constitute a waiver of any right in such information and materials. This Agreement does not provide you with any right or interest in our proprietary rights related to this Website or otherwise, and all such rights shall continue to be owned by us (or our licensors or vendors if applicable). Except to the extent express written permission is given by us, you shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, or access or attempt to access any of our systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to you to view, print or download information on this site that is made available for public viewing, printing or downloading, for your own personal, non-commercial use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. The trademarks appearing on the Website are trademarks of S&W or others and may not be used without the express written permission of their respective owners. The photography which is denoted on the web site with an * asterisk is used by permission of GUNS Magazine Publishers Development Corporation, Inc. If you believe that any content or other aspects of this Website infringe upon the rights of others, you should provide notice to us at the following address: Smith & Wesson Legal Dept., Patent Agent, 2100 Roosevelt Avenue, Springfield, MA 01102-2208, in which event we may elect to investigate the matter further. NOTE: ALL INQUIRIES SENT TO THE PRECEDING ADDRESS NOT RELEVEANT TO THE ISSUES ADDRESSED IN THIS SECTION MAY RECEIVE NO RESPONSE FROM S&W.

11. Choice of Law and Forum; Attorneys' Fees; Indemnification.
This Agreement shall be governed exclusively by its terms and by the laws of the United States and the Commonwealth of Massachusetts as applied to contracts entered into in Massachusetts between Massachusetts residents without regard to the state's rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Hampden County, Massachusetts with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys’ fees or other expenses in connection with enforcing or defending our rights under this Agreement, you shall reimburse us for such attorneys' fees and expenses. User agrees to indemnify S&W against any and all claims and expenses, including attorneys' fees, arising from the User's use of the Website or breach of this Agreement.

12. Other Provisions.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of us. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of this Website after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party.