EFFECTIVE: APRIL 1, 2011
PLEASE READ THIS WEBSITE PRIVACY NOTICE AND POLICY CAREFULLY. By accessing OR USING the Website, you accept and agree to the provisions of this Policy. IF YOU DO NOT AGREE TO TERMS AND CONDITIONS OF THIS POLICY, DO NOT ACCESS THE WEBSITE.
This Website Privacy Notice and Policy ("this Policy") describes the current policies of SMITH & WESSON HOLDING CORPORATION and its subsidiaries and corporate affiliates, ("we", "us" or "S&W") with respect to our collection and use of certain information through our website www.smith-wesson.com, and all other websites and pages operated by S&W (collectively "Website"). To the extent that we collect personal information through other means, our policies may be different from those described in this Policy. By accessing and using the Website, you consent to our collection and use of your information as described in this Policy or as this Policy may be amended or modified from time to time as described herein below.
In addition, please review our Website Use Agreement and Disclaimer of Liability, which contains terms and conditions governing your use of the Website.
During your visit to the Website, if you voluntarily provide us with Personally Identifiable Information (information that identifies who you are, including without limitation your name, age, mailing address, phone number, and email address), we will use and retain that information for the purpose for which it is provided. Depending upon the activity in which you are attempting to engage, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you may not be able to engage in that activity on the Website.
S&W may use Personally Identifiable Information to enhance the operation of the Website, fill orders, improve our marketing and promotional efforts, statistically analyze site usage, improve our product and service offerings, and customize the Website content, layout and services. We may use Personally Identifiable Information to deliver information to you and to contact you.
S&W may also, subject to applicable legal restrictions, provide information, including Personally Identifiable Information, provided by you to third-parties who assist us to provide requested products and services such as shipping companies who deliver requested products. We may also use information provided by you to provide you with information on other products and services in which we believe you might be interested. From time to time, we may, subject to applicable legal restrictions, provide certain information provided by you to others who provide products and services in which we believe you might be interested. Please note that such third-parties may have different privacy policies than we do. In the event that any S&W affiliate is merged or transfers its assets, site or operations, S&W may, subject to compliance with any applicable legal obligations and to the extent permitted by law, disclose or transfer your Personally Identifiable Information in connection with such transaction, We may also disclose Personally Identifiable Information and other information when we, in good faith, believe that the law requires it.
The Website is not intended to be used by children under 13 years of age. Children under the age of 13 are not eligible to use the Website, and we ask that children not submit any information, personal or otherwise, to us. We do not knowingly collect personal information about children under the age of 13. If we become aware that we have been provided information about a child under the age of 13, we will delete that personal information from our records.
Where determined to be practical in S&W's sole discretion, we will provide certain opportunities for you or others to express preferences regarding our use of information that you provide, such as opportunities to decline to receive informational emails. If you want us to modify or remove information about you from our records, please contact us by mail at Smith & Wesson Legal Dept., 2100 Roosevelt Ave., Springfield, MA 01102-2208, or by emailing us at email@example.com. Please include your name, mailing address and e-mail address when you contact us. You must describe the information that you want removed or modified in sufficient detail to allow us to locate that information in our records. Please note that a request to remove or modify information may prevent us from providing certain products or services to you. We will not remove or modify information associated with your prior purchase or registration of a product. Additionally, it may be impossible for us to completely delete or modify information without some residual information remaining in back-ups or other historical databases we may maintain. Finally, S&W is not responsible for verifying the authenticity of requests to remove, update or correct information. However, we reserve the right to refuse to modify information if we request proof of identity or authority and the requesting party does not furnish appropriate proof of identity or authority. Please note that we can only remove or modify information in our records, and we do not have the ability to modify or remove third-party records.
S&W takes those precautions that we deem reasonable and appropriate to maintain the security of Personally Identifiable Information in our possession. However, except as otherwise provided by law, we do not assume any responsibility or liability to you for any breach of our security or unintentional release of your Personally Identifiable Information. In addition, we do not maintain control or security over Personally Identifiable Information that we provide to third-parties, and we cannot and do not assume any responsibility or liability to you for any breach of their security or release of your Personally Identifiable Information.
This Policy applies solely to the Website. The Website may contain links to websites owned or operated by third-parties. Your use of third-party websites is done at your own risk and subject to any terms and conditions of use, privacy policies, and other practices or procedures for such websites. S&W is not responsible or liable for the content of or your use of any third-party websites that you may access through links on the Website.
We may amend this Policy from time to time without notice and any revisions or new Policy is effective immediately upon posting. If you object to any changes in this Policy, you should submit a request to remove your information from our records as described in Section 3, above.
THE WEBSITE IS PROVIDED "AS-IS" WITH ALL FAULTS, AND S&W DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 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 THE WEBSITE WILL FULFILL ANY USER'S PARTICULAR REQUIREMENTS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE. S&W DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY VENDOR.
NEITHER S&W NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER OR ITS 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 THE WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS POLICY, 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 THE WEBSITE.
Special Notification for California Residents. Your Privacy Rights.
Users who reside in California and have provided Personally Identifiable Information to S&W may request information about our disclosures of certain categories of Personally Identifiable Information to third-parties for their direct marketing purposes. Such requests must be submitted to us at the mailing address or email address listed in paragraph 3 above. Within thirty (30) days of receiving such a request we will provide a list of the categories of Personally Identifiable Information disclosed to third-parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third-parties. This request may be made by a User no more than once per calendar year. We reserve the right to not fulfill your request should it be submitted to an address other than that which is listed in paragraph 3 above.
EFFECTIVE: APRIL 1, 2011
PLEASE READ THIS AGREEMENT CAREFULLY. By accessing the Website (defined below), you agree to be bound by the terms and conditions set forth below. These terms and conditions are subject to change without notice. These terms and conditions constitute the entire agreement between you and S&W (defined below), and govern your use of the website, superseding any prior agreements between you and S&W, relating to your use of the Website. IF YOU DO NOT AGREE TO TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS THE WEBSITE.
Welcome to www.smith-wesson.com. SMITH & WESSON HOLDING CORPORATION and its subsidiaries and corporate affiliates ("we," "us" or "S&W") provide the information, data, documents, prices, applications, text, images, graphics, video, audio, and all other content (collectively "Content") contained on www.smith-wesson.com and all other websites and pages operated by S&W (collectively "Website") for informational purposes only. By accessing the Website, you, and any parties on whose behalf or for whose benefit you access, view, or otherwise use (collectively "use") the Website, (collectively, "you" or "User"), agree to be legally bound by and comply with the terms and conditions contained within the Website Use Agreement and Disclaimer of Liability (the "Agreement"). This Agreement governs the use of the Website including all Content contained therein and limits the liability of S&W resulting from any use of such Content.
In addition, please review our Website Privacy Notice and Policy, which explains S&W's collection and use of Personally Identifiable Information.
Accessing or otherwise using the Website constitutes your acceptance of the terms and conditions of this Agreement. You represent and warrant that you have the legal authority to accept this Agreement on behalf of yourself and any parties on whose behalf or for whose benefit you access or otherwise use the Website. The Website is not intended to be used by children under 13 years of age. No information should be submitted to or posted to the Website by Users under 13 years of age.
S&W hereby grants User permission to use the Website subject to the terms and conditions of this Agreement. Use of certain pages, sections, portions, or components (collectively "Pages") of the Website may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate warning, notice, policy, or agreement (collectively "agreements"). All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements provide for additional restrictions on your use of the Website or additional limitations of liability, such restrictions or additional limitations of liability shall be in addition to those provided under this Agreement. Your access to certain content or Pages may be restricted in which event use of such content or Pages is prohibited unless specific permission to access such content or Pages is explicitly granted by S&W. The Website may be used only for personal noncommercial informational purposes only, and you may not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person's use and enjoyment of the Website. 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 in this Agreement. You also agree to be bound by and to comply with all applicable government laws and regulations pertaining to your use of the Website and its contents. S&W may cancel your permission to use all or any part of the Website at any time for any reason in the sole discretion of S&W. Your permission to use the Website shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use the Website shall survive termination.
At any time and for any reason in our sole discretion, we may modify or discontinue any aspect or feature of the Website, including its content, pages, social media, functionality, hours of availability, pricing, registration requirements, the domain name addresses through which the Website is accessible, or the equipment needed for its use. The availability of the 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 the Website.
In the event that you are dissatisfied with any aspect of the Website, your sole remedy shall be to discontinue use of the Website. The content of the Website may contain errors, omissions or typographical errors. S&W shall not be liable for any such errors. In the event that a product, service, or price is listed incorrectly due to an inaccuracy, typographical error, or error in pricing information, S&W shall not be liable to you for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for product or service(s) 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.
Although we strive to provide high-quality content on the Website, we do not guarantee or warrant the accuracy, completeness, suitability, availability, or timeliness of anything posted on the Website. Prices and availability of products are subject to change without notice. The Website should not be relied upon for personal, medical, legal, or financial information or decisions, and you should consult an appropriate professional for specific advice tailored to your situation.
THE WEBSITE IS PROVIDED "AS-IS" WITH ALL FAULTS, AND S&W DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 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 THE WEBSITE WILL FULFILL ANY USER'S PARTICULAR REQUIREMENTS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE. S&W DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY VENDOR.
NEITHER S&W NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER OR ITS 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 THE 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 THE WEBSITE.
You acknowledge and agree that the Website's content, design, code, underlying technology and related items are proprietary to S&W (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 content on the Website by S&W or our subsidiaries and affiliates does not constitute a waiver of any right in such content. This Agreement does not provide you with any right or interest in our proprietary rights related to the Website or otherwise, and all such rights shall continue to be owned by S&W (or our licensors or vendors if applicable). Except to the extent express written permission is given to you by S&W, you shall not copy, reproduce or otherwise duplicate the Website or its content, in whole or in part, or access or attempt to access any of our systems, programs, data, code, underlying technology, or content that is not made available for public use, or use any content on the Website other than for its intended purpose. Permission is hereby given to you to view, print or download information on the Website that is made available by S&W for public viewing, printing or downloading, for your own personal, non-commercial informational use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Placing links to the Website on other sites is prohibited absent S&W's permission. Data mining, harvesting or similar collection of email addresses or other information on the 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 S&W or their respective owners. If you believe that any content or other aspects of the Website infringe upon your rights or the rights of others, you should provide notice to us at the following address: Smith & Wesson Legal Dept., Intellectual Property Dept., 2100 Roosevelt Avenue, Springfield, MA 01102-2208, in which event we may elect to investigate the matter further.
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, costs or other expenses in connection with enforcing or defending our rights under this Agreement, you shall reimburse us for such attorneys' fees, costs and expenses. User agrees to indemnify S&W against any and all claims, actions, costs and expenses, including attorneys' fees, arising from the User's use of the Website or breach of this Agreement.
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 shall control over any conflicting documents or information, including information on the Website.. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on the 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 the 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. Any rights not expressly granted to User in this Agreement are reserved by S&W.