Effective as of January, 2013
Permitted Uses; Limited License
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accurateness of the Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Website from any non-Fiskars affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Quantity Limits and Dealer Sales
You can purchase FISKARS BRANDS, INC. products on the Site. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Digital River Terms of Sale:
7. WAIVER AND LIMITATION OF LIABILITY; RISK ALLOCATION
7.1 YOU UNDERSTAND AND AGREE THAT WE ARE NOT THE MANUFACTURER OF THE PRODUCTS WE OFFER FOR SALE THROUGH THE PROPERTY, AND ARE NOT THE OPERATOR OF THIRD PARTY SERVICES FOR WHICH WE OFFER SERVICE USE RIGHTS FOR SALE THROUGH THE PROPERTY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND OR SERVICES THAT YOU PURCHASE FROM US ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS OR DR SERVICES ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS OR DR SERVICES.
7.2 WE HAVE PRICED PRODUCTS AND DR SERVICES AVAILABLE FOR PURCHASE FROM US UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (a) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS AND/OR DR SERVICES WHICH GIVE RISE TO SUCH LIABILITY; AND (b) NEITHER WE NOR OUR SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF BUSINESS) IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR PURCHASE OR USE OF ANY PRODUCT OR DR SERVICE, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS
7.3 NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS LIMIT OUR LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
7.4 You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (a) any Products purchased by you in connection with your use of the DR Commerce Solution (including without limitation your use of any Third Party Service for which you purchase Service Use Rights from us), or (b) the violation of Section 8 of these Terms by you, your employees, consultants, agents, distributors, or customers.
7.5 To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the Products or DR Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and any other provisions which would naturally remain in effect after termination of this Agreement or your rights to access and use the Website, shall survive any termination.
Representations by You; Content that You Provide
By accessing or using the Website, you represent and warrant that (a) you are at least 18 years old and (b) that all materials of any kind submitted by you through the Website or for inclusion on the Website will not plagiarize, violate, or infringe upon the rights of any third party including, without limitation, a third party’s trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or property rights. You further agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit a virus or any other harmful component, or (3) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
License Granted by You
Some portions of our Website may permit you to upload files, information, photographs or other materials or to make product suggestions. In consideration of your access to this Website, you agree that by providing files, information, photographs or other materials, product ideas, or information to us (“content or materials”), including by submitting or uploading content or materials for use on the Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. These rights include, but are not limited to:
• Reproduce, copy, modify, create derivatives in whole or in part, or otherwise use the content, materials, or ideas, or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic magnetic, digital, laser or optical-based media (the “Works”) for any purpose whatsoever, and
• Use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and
• Display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.
Copyrights and Trademarks
The entire content of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of FISKARS BRANDS, INC. The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing FISKARS BRANDS, INC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase FISKARS BRANDS, INC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website (for example, on any products, as a part of a domain name, or in any advertising or marketing) is strictly prohibited, unless specifically authorized in writing by FISKARS BRANDS, INC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
All trademarks, service marks and trade names of FISKARS BRANDS, INC. used in the Web site, (including but not limited to FISKARS BRANDS, INC.’s name and logo, Fiskars name and logo and orange-handled scissors) are trademarks or registered trademarks of FISKARS BRANDS, INC.
Claims of Copyright Infringement; Digital Millennium Copyright Act Policy
We disclaim any responsibility or liability for copyrighted materials posted on our site. FISKARS BRANDS, INC. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to FISKARS BRANDS, INC.’s Designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements.
• A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
• A description of the allegedly infringing material and information sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
• A statement by you that the information in the notification is accurate and that under penalty of perjury you have the authority to enforce the copyrights that are claimed to be infringed.
You should provide notice of any alleged copyright infringement to our designated agent as follows:
Erin Ziaja, Legal Services Coordinator
FISKARS BRANDS, INC.
7800 Discovery Dr
Middleton, WI 53562
THE WEBSITE IS A FREE SERVICE PROVIDED BY FISKARS BRANDS, INC. ACCORDINGLY, YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY FISKARS BRANDS, INC. ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FISKARS BRANDS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FISKARS BRANDS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FISKARS BRANDS, INC. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE LAW PROHIBITS OUR ABILITY TO LIMIT OUR LIABILITY FOR DIRECT DAMAGES, AS THE WEBSITE IS A FREE SERVICE, THE MAXIMUM AMOUNT YOU CAN RECOVER FROM US IS ONE HUNDRED DOLLARS ($100.00). IF YOU ARE DISPLEASED WITH THE SITE YOU SHOULD SIMPLY CEASE USING IT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FISKARS BRANDS, INC., OUR SUBSIDIARIES, AFFILIATES OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, THE MATERIALS ON THIS WEB SITE, OR INFORMATION AVAILABLE THROUGH THIS WEB SITE. THIS LIMITATION APPLIES TO THE FURTHEST EXTENT PERMITTED BY LAW WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FISKARS BRANDS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Delivery of Notice
We may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to us.
Choice of Law; Jurisdiction; Venue
Your use of this Website shall be governed in all respects by the laws of the State of Wisconsin, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be exclusively in the state or federal courts located in Dane County, Wisconsin. You further agree and submit to the exercise of personal jurisdiction over you by the state or federal courts located in Dane County, Wisconsin courts for the purpose of litigating any such claim or action.
Limitation on Period to Bring Claims
Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.
Assignment and Delegation of Rights
Misuse of Website
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FISKARS BRANDS, INC. or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
We do not and cannot review all communications and materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. However, we do reserve the right to block or remove communications or materials that we determine, in our 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 our own or others; or (d) offensive or otherwise unacceptable to us.
This Site may link to Websites operated by third parties. However, even if the third party is affiliated with FISKARS BRANDS, INC., FISKARS BRANDS, INC. has no control over these linked Websites, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of FISKARS BRANDS, INC. These linked Websites are only for your convenience and therefore you access them at your own risk. Nonetheless, FISKARS BRANDS, INC. seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for Websites it links to as well (including if a specific link does not work).