SMITH & WESSON CORP. WEBSITE
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").
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.
Accessing or otherwise using this Website constitutes your acceptance of the
terms of this Agreement. You represent and warrant that you have the legal
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
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
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,
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
policies as they may be modified from 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
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
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.
Copyright © 2005 Smith & Wesson Corp. All Rights Reserved.
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.