Terms and Conditions
Acceptance of Terms
The Johnson Outdoors website, (the "Website") and all of its content and services, is owned and/or operated by Johnson Outdoors, Inc. and its designated agents or service providers. Your use of this Website is conditioned upon your acceptance without modification of the terms, conditions, and notices contained or referenced in this Terms of Service Agreement (the "Agreement").
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Johnson Outdoors reserves the right at any time after receipt of your order to accept or decline your order for any reason. Johnson Outdoors reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Typographical Errors
In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, Johnson Outdoors shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Johnson Outdoors shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Johnson Outdoors shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Unsolicited Ideas
Johnson Outdoors welcomes feedback, questions and comments about its products, services and this Website. As a general policy, Johnson Outdoors does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of Johnson Outdoors and may be used by Johnson Outdoors for any purpose whatsoever, commercial or otherwise, without compensation to you.
Children Under 13
Johnson Outdoors does not knowingly collect personally identifiable information from children under 13. In the event that Johnson Outdoors learns it has collected any personal information from a child under the age of 13 without verification of parental consent, Johnson Outdoors will delete that information from its database as quickly as reasonably possible.
Disclosure and Use of Your Communications
Any information provided to Johnson Outdoors by you, or collected by Johnson Outdoors through the use of the Website will be maintained in accordance with Johnson Outdoors' Privacy Policy. You agree to be solely responsible for providing accurate, current, and complete information about you as requested by Johnson Outdoors or its affiliates or service providers.
Ownership Notice and Usage Restrictions
This Website and all content contained on this Website, including all names, logos, graphics, photographs and text, copyrights, service marks, and trademarks are the exclusive property of Johnson Outdoors. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Johnson Outdoors. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Johnson Outdoors will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
Indemnification
By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, Johnson Outdoors and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.
Jurisdiction
The services and information on this site are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the state of Wisconsin. All disputes arising from your use of this Website or under this Agreement, shall be resolved in a court located in Wisconsin, without reference to conflict of laws or choice of laws statutes.
Governing Language
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
Disclaimer of Warranties and Limitation of Liability
This Website is made available to users AS IS without any warranty of any kind. Johnson Outdoors makes no representations, guarantees, or warranties regarding the accuracy, reliability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content (text and/or images) of this Website. JOHNSON OUTDOORS, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, JOHNSON OUTDOORS DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
JOHNSON OUTDOORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, JOHNSON OUTDOORS HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND JOHNSON OUTDOORS SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, JOHNSON OUTDOORS IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS SITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS SITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN JOHNSON OUTDOORS' SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY NOR AFFILIATION WITH JOHNSON OUTDOORS.
Reservation of Rights
Johnson Outdoors, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Johnson Outdoors relating to the subject matter herein.
Modifications to Service
Johnson Outdoors reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Johnson Outdoors is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.
Digital Millennium Copyright Act Policy
Johnson Outdoors Inc. and its U.S. subsidiaries – Johnson Outdoors Diving LLC; Johnson Outdoors Gear, Inc.; Johnson Outdoors Marine Electronics, Inc.; and Johnson Outdoors Watercraft Inc. (for purposes of this DMCA Policy, collectively referred to as "Johnson Outdoors," "we," or "us") respect the intellectual property rights of others and expect you to do the same.
How to Report Claims of Copyright Infringement.
If you are the owner or agent of the owner of a copyright and believe that materials either on or linked to any of our websites (the "Sites") infringe on your copyright, you may notify our Designated Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”) and request that those materials be removed from the Sites. The notice must be in writing and include the following information:
A) Your physical or electronic signature;
B) Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed;
C) Identification of the allegedly infringing material that is to be removed from our Site, with information sufficient to allow us to find it (such as a specific website URL);
D) Information sufficient to permit us to contact you, such as your name, address, telephone number and e-mail address;
E) A statement that you have a good faith belief that the use of the copyrighted materials described above and contained on the Site(s) is not authorized by the copyright owner, its agent or by protection of law;
F) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the copyright(s) in question or are authorized to act on behalf of the copyright owner.
If we receive a valid notification of alleged copyright infringement, we will remove the offending materials. We will also take reasonable steps to contact the owner of the removed materials to allow that person to respond with a counter-notification.
How to Provide a Counter-Notification.
If we take down your materials or remove access to your materials as a result of receiving a DMCA notification, and you believe such take down or removal was a mistake or misidentification, you may respond by sending our Designated Agent a counter-notification in accordance with the DMCA. The counter-notification must be in writing and include the following information:
A) Your physical or electronic signature;
B) A list of the material(s) that was removed by Johnson Outdoors, and the location where the material(s) appeared before it was removed;
C) Your name, address, telephone number, and email address;
D) A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which the above address is located (or in any district where the service provider is located, if your address is outside of the United States);
E) A statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person; and
F) A statement under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
If we receive a valid counter-notification, we may send a copy of the counter-designation to the original complaining party informing him or her that we may repost the applicable materials in ten business days. Unless the original complaining party notifies us that he or she has filed a legal action seeking a court order to restrain the alleged infringer from engaging in the infringing activity, we may repost or restore access to the removed materials ten or more business days after receiving the counter-notice.
Contact Information for our DMCA Designated Agent
Any infringement notice or counter-designation must be sent in writing to our DMCA Designated Agent below:
Johnson Outdoors Inc.
Attn: DMCA Designated Agent: Legal Department
555 Main Street
Racine, WI 53403, USA
Phone: 262-631-6600 (notice cannot occur via telephone)
Email Address: JOLegal@johnsonoutdoors.com
The above DMCA Designated Agent is the designated agent for each of the following entities:
- Johnson Outdoors Inc.;
- Johnson Outdoors Diving LLC;
- Johnson Outdoors Gear, Inc.;
- Johnson Outdoors Marine Electronics, Inc.; and
- Johnson Outdoors Watercraft Inc.
Repeat Infringers.
It is Johnson Outdoors' policy to terminate repeat infringers' use of the Sites’ services, such as by terminating or disabling accounts (if applicable).
Other Things You Should Know
JOHNSON OUTDOORS WILL ONLY RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAWS.
We may share with others information that you provide to us under this DMCA Policy as set forth in our Privacy Policy, available at www.johnsonoutdoors.com/privacy-policy.
Please be aware that you may be held liable for damages (including costs and attorneys' fees) under the DMCA if you knowingly, materially misrepresent that any material or activity on the Sites: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification.