Terms and Conditions
IMPORTANT NOTICE: These Terms and Conditions for the Johnson Outdoors Website (“Website Terms” or “Terms”) include important legally binding promises about how you and Johnson Outdoors, Inc., its affiliates, and subsidiaries (collectively “Johnson Outdoors” or “we” or “us” or “our”) will resolve Disputes (defined below). Please read these Terms carefully as they could affect your legal rights. In particular:
You agree to follow our Informal Dispute Resolution process, described below, before you bring a claim in court or initiate an arbitration. And, we agree to do the same, provided we have a valid email address for you.
For US residents, you agree that any Disputes between you and Johnson Outdoors will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that, unless there is a valid opt out, described below, any Disputes between you and Johnson Outdoors will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
If you are a US resident, you also agree that you will not try to sue Johnson Outdoors in a representative or class action lawsuit, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”
Website Terms and Conditions
Last updated: September 1, 2026
Please take the time to read these Website Terms, our Privacy Policy, and any other written policies and terms that we have made available to you. Our Website Terms apply to our Websites, which are described below. Some of our Websites, as well as our products, applications, and services, may be subject to additional policies and terms. We sometimes refer to these, collectively, as our “Agreement” with you.
Our Agreement (including these Terms) is a legally binding contract that governs how you access, use, and interact with our Websites. Your use of our Websites is conditioned upon your acceptance without modification of the terms, conditions, notices, and policies contained or referenced in these Website Terms. Because these Terms are binding, and can affect your legal rights, it’s important that you read them and the rest of our Agreement.
We reserve the right to change our Website Terms, at our discretion, by posting an updated version on our homepage. The most current version of these Terms will apply, so please review these Terms each time you interact with our Websites. When you access, use, or interact with our Websites, you agree to be bound by the current version of these Terms and the rest of our Agreement. If you do not agree, please do not access, use, or interact with our Websites.
It's important to us that you understand our Website Terms and the rest of our Agreement. If you have questions, feel free to reach out by using the Contact Us methods available on our Websites or by calling us at 262-631-6600.
Who we are
We are Johnson Outdoors, Inc., its subsidiaries, and its affiliates, which include but are not limited to Johnson Outdoors Diving, LLC, Johnson Outdoors Gear, Inc., Johnson Outdoors Marine Electronics, Inc., Johnson Outdoors Watercraft, Inc., Johnson Outdoors Vertriebsgesellschaft mbH, Scubapro Asia Pacific Ltd., Scubapro-Uwatec Australia Pty Limited, Scubapro AG, and Johnson Outdoors Canada, Inc. We own brands that include Minn Kota®, Humminbird®, Cannon®, Old Town®, Jetboil®, and Scubapro® (“Our Brands”).
About our Websites
When we refer to our “Websites” or “Website” we mean the websites, applications, emails, social media, online advertisements, and online marketing of Johnson Outdoors and Our Brands, as well as the content, materials, and services that we own, offer, and make available through these platforms.
Who can use our Websites
Our Websites are intended for an adult audience of persons who can form legally binding agreements. They are not intended for children under 16 years old. Children under 16 years old should never use our Websites. Minors over the age of 16 may use the Websites, in accordance with these Terms and our Privacy Policy, only under the supervision of a parent or legal guardian who agrees to be the user responsible for any and all activity. The Websites are for personal, noncommercial use only, and not for the use and benefit of any third party (unless you are a parent or guardian using the Websites for your minor child who is over the age of 16).
You may only use the Websites if you agree to these Terms, and the rest of the Agreement (where applicable), as a binding contract with Johnson Outdoors, and promise that you meet all of the eligibility criteria outlined in these Terms and any other applicable part of our Agreement.
Inaccuracy disclaimer
The content on our Websites is provided for informational purposes only and may be compiled from a variety of sources. From time to time our Websites may contain information with typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, and availability. While we make reasonable efforts to ensure the information provided is accurate, we make no warranties about the accuracy and reliability of the information, data or content on our Websites. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Websites. See the “Disclaimer of Warranties and Limitation of Liability” section, below, for more details.
In the event that content on the Websites contains incorrect information, including if a product is listed at an incorrect price, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Johnson Outdoors shall also have the right to refuse or cancel any orders placed for products listed at the incorrect price. We may 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 canceled, Johnson Outdoors shall issue a credit to your form of payment in the amount of the incorrect price.
Our intellectual property
We own (or license) the Websites, their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof). All copyrights, service marks, and trademarks are the exclusive property of Johnson Outdoors. No right, title, or interest in or to our Websites or any content, features, or functionality of our Websites is transferred to you and we reserve all rights not expressly granted to you in writing.
Acceptable Use Policy
We trust you to use our Websites responsibly. But, to protect ourselves and our users, we may monitor, modify, terminate, and disclose to third parties your use of our Websites (in compliance with our Privacy Policy). You agree not to misuse our Websites or help anyone else to do so. For example, you must not do or even try to do any of the following (“Prohibited Uses”) in connection with our Websites:
- Access any of our Websites for a commercial purpose;
- Modify our Websites or modify copies of any material on our Websites;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on our Websites;
- Reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site;
- Disrupt, damage, limit, or interfere with the proper function of our Websites or obtain unauthorized access to any system, data, password, or other information of ours or any third party, including via software viruses or any other computer codes;
- Deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms;
- Remove, alter, obscure, or otherwise render unintelligible any proprietary notices;
- Undertake or facilitate any effort to interrupt, modify, limit, interfere with, exploit, or negatively impact the Websites or their functionality;
- Reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Websites;
- Collect or store personal data that is not your own; or
Use or exploit our Websites for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, intrusive on another’s privacy, harmful to the interests of our users, or harmful to us.
Any use of the Websites not expressly permitted by these Terms is a breach of these Terms. If you breach these Terms, including by printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of our Websites, we may terminate your access to our Websites and require you to return or destroy any copies of the materials you have made. You may also be subject to legal liability. Johnson Outdoors reserves sole and absolute discretion to determine whether there has been a violation of these guidelines and our Website Terms.
Your account
Certain of our Websites require that you create and maintain an active account with us. You agree to provide us with complete, accurate, and updated information for your account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You should not share your account information or use another person’s account or registration information for the Websites. You are solely responsible for keeping your account and account password secure and for any consequences resulting from your failure to do so. You should never publish, distribute, or post login information for your account. You are solely responsible for any activity that occurs through your account, including any impact to your personal device.
You may be able to navigate some of our Websites without creating an account. For any Websites you access without creating an account, you are solely responsible for any activity through your personal device in connection with the Websites, including impact to your personal device.
User Content
Occasionally, you may see areas on our Websites where you can post information and content or communicate with us and other users. These areas may be in the form of social media, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications platforms. When we refer to “User Content,” we mean any and all materials and communications, including but not limited to photos, text, graphics, audio, video, location information, comments, reviews, and other content that you provide, submit, distribute, transmit, or post to Johnson Outdoors through, without limitation, our Websites, email, social media and other third party sites (including, without limitation, Instagram, X, Pinterest, and Facebook).
If you submit User Content that we reasonably believe violates this section or any of our Website Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. Such actions may include, for example, the removal of your User Content, limiting your ability to use and post to our Websites, and the termination of your account. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to in this section, in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Websites.
Content guidelines. User content must adhere to our Acceptable Use Policy, and may not include any profanity or obscene, indecent, pornographic, graphic, violent, or discriminatory material, and must not promote any illegal activity. It may not promote violence, threaten, or harass and may not promote or encourage suicide or self-harm. Do not submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. Your User Content may not impersonate another person, user, or entity. User Content may not promote any service or product offered by the contributor, without our express consent, and may not convey any unauthorized or unsolicited advertising. Do not post anyone’s private, personally identifying, or financial information (including your own). Your User Content should not include pictures, videos, or images identifying anyone other than yourself and should not include photos, videos, images, or other information about minor children.
You promise that your User Content is yours. When you submit User Content, you represent and warrant that all of your User Content is original and was created by you and that you hold all necessary right, title, and license to such materials. You agree not to use someone else’s User Content and pretend it’s your own, including any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content. For example, if someone has taken a picture of you, and you submit that photo to Johnson Outdoors as your User Content, you must first obtain the photographer’s permission.
User Content is not confidential. Except as otherwise described in our Agreement, such as our Privacy Policy, you agree that: (a) your User Content will be treated as non-confidential, regardless of whether you mark it as “confidential,” “proprietary,” or the like, and will not be returned; and, (b) we do not assume any obligation of any kind to you or any third party with respect to your User Content. You acknowledge that the Internet and mobile communications may be subject to breaches of security, are aware that submissions of User Content may not be secure, and will consider this before submitting any User Content and do so at your own risk.
You own your User Content, but we can use it. By distributing, posting, transmitting, or sharing your User Content with us through our Websites, you grant us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content for any lawful purpose, including commercial purposes and advertising, and in any and all media formats or distribution channels (including, without limitation, digital, print, in-store, etc.), without any additional permission from you, other than the permission you provide, here, by agreeing to these Terms and the other, applicable parts of the Agreement. You agree that this license includes the right for Johnson Outdoors to use your User Content to provide, promote, and improve the Websites. You understand that we may use your User Content, without compensation of any kind to you, including if we use your User Content for advertising, promotional, or other commercial purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use that User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products and service techniques. You agree that, unless prohibited by applicable law, this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty free, and will survive termination of your account and relationship with Johnson Outdoors. If you do not agree to these conditions, then please do not provide any User Content to the Websites.
Unsolicited ideas
Johnson Outdoors welcomes feedback, questions and comments about its products, services, and our Websites. As a general policy, Johnson Outdoors does not accept, review, or consider unsolicited ideas, including but not limited to ideas for products or services, suggested improvements to our existing products or services, advertising campaigns, marketing strategies, content, or creative materials. Please do not send or provide unsolicited ideas to Johnson Outdoors through our Websites.
If you submit any unsolicited ideas to our Websites, despite our request, the following terms will apply regardless of any statement by you in connection with your submission. You agree that your unsolicited ideas, as well as the related submissions and their contents (including any intellectual property rights), become Johnson Outdoors’ property without any compensation to you and that we may use and redistribute those ideas, submissions and contents for any purpose without restriction. We also retain all rights held by the general public regarding such ideas and materials and our receipt of such materials is not an admission of their novelty, priority, or originality. Such receipt does not impair our right to contest existing or future intellectual property rights relating to such ideas or materials. Remember that we are under no obligation to review all or part of your content and materials submitted in connection with unsolicited ideas. We are also under no obligation to keep them confidential.
Third-party content, links, and services
Some of the content that you see on Websites will come from users or sources outside of Johnson Outdoors. All content, including User Content and third-party content, is the responsibility of the party that creates or provides it. We do not control or endorse any User Content or third-party content, and we don’t make any claims or representations regarding content that we do not create. While we may review content submitted to our Websites, we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on our Websites without notice or further obligation. We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of our Website. Johnson Outdoors has no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Websites.
We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties who provide those sites or resources. They are provided for convenience only. We do not vouch for the truthfulness, accuracy, quality or completeness of the content, services, links displayed or any other activities conducted on or through such third-party sites. We also do not warrant that such sites or content are free from claims of copyright or other infringement or that such sites or content are devoid of viruses or other malicious code. The links may not function properly, and we make no warranties or promises that any link will bring you to the site you intended. You are responsible for confirming the identity and authenticity of any website you visit online. If you decide to access any of the third-party links on our Websites, you do so entirely at your own risk and subject to the terms and conditions of use of those third parties.
YOU AGREE THAT JOHNSON OUTDOORS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, REGARDLESS OF WHETHER THEY ARE LINKED OR INCLUDED ON JOHNSON OUTDOORS’ WEBSITES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Website terms and conditions of sale
By placing an order through our Websites, you agree to the following terms and conditions of sale.
Order Acceptance
Our acceptance of your order takes place when the products are shipped to you. 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. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason in our sole discretion. We reserve 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.
All products are subject to availability. We reserve the right to impose quantity limits on any order, discontinue any product or service, reject all or part of an order, or limit quantities available for purchase, even after an order has been submitted.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system errors, typographical errors, inaccuracies in product descriptions, pricing information or product availability, inventory shortages, or issues identified through our fraud detection procedures. We may also require additional verification or information before accepting an order. We will contact you using the information provided during check out if any portion of your order is cancelled or if additional information is required to process your order. If we cancel an order after payment has been collected, we will issue a refund of the amount charged for the cancelled order.
Out-of-Stock and Backordered Items
Products displayed on the Websites may become unavailable after an order is placed. Adding a product to a shopping cart does not reserve inventory or guarantee product availability. If an item becomes unavailable after an order is submitted, we may cancel that portion of the order and notify you. If backordering is permitted for a product, the item may be shipped when it becomes available. We reserve the right to cancel any backordered item that cannot be fulfilled.
Prices and Payment Terms
Prices quoted on the Websites are valid only for the products offered on the Websites and are subject to change without notice. Prices do not reflect pricing available through third-party retailers or other sales channels. Prices are stated in U.S. dollars unless otherwise indicated and exclude applicable taxes, shipping, and handling charges, which will be added at checkout.
We reserve the right to adjust taxes, fees, or charges to reflect applicable legal requirements, processing requirements, calculation variances, or changes in applicable tax rates.
Payment must be made using a payment method approved by us. By submitting an order, you represent and warrant that: (i) the payment information is accurate and complete; (ii) you are authorized to use the designated payment method; and (iii) you authorize us to charge the payment method for the full amount of the order, including applicable taxes, shipping, handling, and other disclosed charges.
You agree to maintain current, complete, and accurate payment information. If a payment method cannot be verified, is invalid, expires, is declined, or is otherwise unacceptable, we may suspend, reject, or cancel your order. You remain responsible for resolving any payment issues before your order can be completed.
Errors
While our goal is to maintain error-free Websites, we do not guarantee that any content is accurate, complete, reliable, current, or error-free, including product descriptions, photographs, availability information, quantity counts, specifications, prices, promotions, or other content.
In the event of any error, whether appearing on the Websites, in an order confirmation, during order processing, in fulfillment, or otherwise, we reserve the right to correct the error, revise your order accordingly, charge the correct price, or cancel the order and refund amounts paid. To the fullest extent permitted by law, your sole remedy for any such error is cancellation of the order and receipt of any applicable refund.
Shipping, Delivery, and Risk of Loss
Shipping timelines are estimates only and are not guaranteed. Actual delivery dates may vary. We will determine the carrier and shipping method used to fulfill your order unless otherwise agreed.
Title to and risk of loss for products pass to you upon our delivery of the product to the carrier. All orders are shipment contracts and not destination contracts. We will not be liable for delays in shipment or delivery or for any resulting losses, costs, or expenses. You are responsible for filing claims directly with the carrier for damaged, lost, or delayed shipments where permitted.
Orders containing multiple products may be fulfilled and delivered in separate shipments. We reserve the right to split shipments and fulfill portions of an order separately.
Returns
Returns and exchanges are subject to the return policy applicable to the purchased product and any instructions posted on the Websites. You are responsible for inspecting products promptly upon delivery. All return policies posted for Our Brands are incorporated into and form part of this Agreement.
General Warranty Statement
Except as expressly stated in any written product warranty accompanying the product, the products sold through the Websites are provided “AS IS” and “AS AVAILABLE.” No additional warranties, whether express or implied, statutory, or otherwise, are provided except to the extent such warranties cannot be disclaimed under applicable law.
Export Control
You agree to comply with all applicable U.S. and international export control, economic sanctions, and trade compliance laws. Goods purchased through the Websites may not be exported, re-exported, transferred, or supplied, directly or indirectly, to any country, person, entity, or end user that is prohibited by applicable law. You represent and warrant that you are not located in, organized under the laws of, or ordinarily reside in any restricted jurisdiction and are not a restricted party under applicable sanctions laws.
It is your responsibility to obtain any required licenses, authorizations, or approvals. We reserve the right to refuse, restrict, or cancel any transaction that may violate applicable export control or sanctions laws.
Digital Millenium Copyright Act Policy
We respect the intellectual property of others and ask you to do the same. If you believe that your work has been copied on our Websites in a way that constitutes copyright infringement, you may notify our Designated Agent under the Digital Millenium Copyright Act, 17 U.S.C., §512, and request that those materials be removed from our site (“DMCA Notification”). If we receive a valid notification of alleged copyright infringement, we will remove the offending materials. PLEASE NOTE: JOHNSON OUTDOORS WILL ONLY RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAWS.
How to report a claim of infringement. All DMCA Notifications must be in writing and include the following:
Your physical or electronic signature;
Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed;
Identification of the allegedly infringing material that is to be removed from our Website(s), with information sufficient to allow us to find it (such as a specific website URL);
Information sufficient to permit us to contact you, such as your name, address, telephone number and email address;
A statement that you have a good faith belief that the use of the copyrighted materials described above and contained on the Website(s) is not authorized by the copyright owner, its agent or by protection of law;
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.
We will 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:
- Your physical or electronic signature;
- A list of the material(s) that was removed by Johnson Outdoors, and the location where the material(s) appeared before it was removed;
- Your name, address, telephone number, and email address;
- 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);
- 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
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-notification 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-notification.
Contact information for our DMCA Designated Agent. Any DMCA Notification or counter-notification 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 Websites’ services, such as by terminating or disabling accounts (if applicable).
Other things you should know.
We may share with others information that you provide to us under this DMCA Policy as set forth in our 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 Websites: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification.
Termination
You are free to stop using our Websites at any time. We reserve the right to suspend or terminate your access to our Websites if we decide, in our sole discretion, that: (a) you’re in breach of these Terms; (b) your use of our Websites would cause a risk of harm or loss to us or other users; or, (c) you have not accessed our Websites for 12 consecutive months. We may also decide to discontinue all or part of our Websites entirely. As part of using our Websites, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.
In some cases, we will try to provide you with reasonable advance notice of such termination through our Websites or via the email address associated with your account. We will not provide notice before termination if you are in material breach of these Terms, if doing so would cause us legal liability or compromise our ability to provide our Websites, products, or services to other users, or if we are prohibited from doing so by law.
Disclaimer of Warranties and Limitation of Liability
The Websites are made available to users AS IS without any warranty of any kind. Johnson Outdoors makes no representations, guarantees, or warranties regarding the quality, accuracy, reliability, confidentiality (except as set forth in the Privacy Policy), availability, timeliness, functionality, reliability, or completeness of our Websites or their content. 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 THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE ERROR-FREE OR THAT THE WEBSITES WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
YOU AGREE THAT THE PRODUCTS AND SERVICES YOU RECEIVE MAY VARY FROM THOSE DISPLAYED ON THE WEBSITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS AND SERVICES. THE WEBSITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME YOU PLACE AN ORDER.
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 THE WEBSITES, OR YOUR USE OF OR RELIANCE UPON THE WEBSITES OR THE CONTENT THEREIN. IN ADDITION, JOHNSON OUTDOORS HAS NO DUTY TO UPDATE THE WEBSITES, OR THE CONTENT THEREIN, AND JOHNSON OUTDOORS SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from theSE TERMS, ANY OTHER PART OF THE AGREEMENT, your use of OUR Websites, or any of the Content or other materials located on, accessed through or downloaded from The Websites; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages; or, (4) WHETHER OR NOT the remedies provided in this section fail of their essential purpose.
Indemnification
If Johnson Outdoors is sued or receives a claim, notice, inquiry, or demand because of something that you did (or failed to do) in connection with our Websites, you agree to defend and indemnify us. That means that, without any limitation, you will defend, reimburse, compensate, and hold Johnson Outdoors (and any of our employees, officers, directors, and agents) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees and costs), that arises from your use (or misuse) of our Websites, your breach of these Terms or our Agreement, items you purchase through the Websites, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our defense however we see fit, including but not limited to our choice of counsel, even if you are indemnifying us, and you agree to cooperate with us in full.
Dispute resolution
Informal Dispute Resolution. If a dispute or disagreement arises between you and Johnson Outdoors, before filing a claim or arbitration, you and Johnson Outdoors will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at JOLegal@johnsonoutdoors.com that includes your name, phone number, email address and a description of the dispute or disagreement and how you’d like it resolved. If Johnson Outdoors has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you; but, if we do not have a valid email address for you, we may proceed to formalized dispute resolution. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and Johnson Outdoors must cooperate to schedule that meeting by phone or videoconference. You and Johnson Outdoors must participate personally and may each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the earlier of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
Judicial Forum for Disputes. You and Johnson Outdoors agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Wisconsin, USA, subject to the mandatory, individual arbitration provisions below. Both you and Johnson Outdoors consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.
Controlling Law. Any claim, Dispute, or other matter arising under or in connection with our Websites or the Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of Wisconsin or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply. Our Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
The foregoing provisions, under “Dispute resolution,” will continue to apply even if you validly opt out of the mandatory individual arbitration and class action waiver provision.
Mandatory individual arbitration and class action waiver provision
If you’re a resident of the U.S., please read this provision carefully. YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND JOHNSON OUTDOORS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH INCLUDES A CLASS ACTION AND JURY WAIVER.
Arbitration is a form of private dispute resolution that replaces the right to go to court. By consenting to a mandatory individual arbitration and class action waiver provision, you agree that you will not file a lawsuit, have your Dispute heard by a judge or jury, represent a class, or join a class as a member. Without this provision, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out of this provision and we explain how you can do that below. If you opt out validly, you retain your right to litigate your Disputes in a court.
We both agree to arbitrate our claims. You and Johnson Outdoors agree to resolve any claims relating to or arising from our Websites, products, data, services, and content bought, sold, offered, scheduled, accessed, transmitted, or listed through the Websites, and these Terms and every other part of our Agreement (“Disputes”) through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions that are described below. This includes, but is not limited to, Disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the Dispute can be arbitrated.
NO CLASS ACTIONS. You and Johnson Outdoors agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be decided, arbitrated or consolidated with those of any another person or entity. This means that you, and Johnson Outdoors, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.
Arbitration Procedures. To initiate arbitration, either you or Johnson Outdoors must first complete the Informal Dispute Resolution process described above, wait until the Informal Resolution Period has ended, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve Johnson Outdoors with your arbitration demand to the following address by mail:
Johnson Outdoors Inc.
Attn: Legal Department
555 Main Street
Racine, WI 53403, USA
If Johnson Outdoors has a Dispute with you, we will send an arbitration demand to the email we have on file for you.
The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person hearing and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Racine County, Wisconsin.
The Arbitration will be administered by the AAA in accordance with its Consumer Arbitration Rules, as modified by these Terms. But if you are using the Websites as a business, and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.
All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Mandatory individual arbitration and class action waiver provision”, including any party’s compliance with the Informal Dispute Resolution process.
Arbitration fees. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).
Arbitration award. Except in a Batch arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and Johnson Outdoors, except for any right of appeal as provided by the AAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.
Batch arbitration. If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120 day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
Exceptions to this provision. This mandatory individual arbitration agreement does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the Websites or infringement on intellectual property rights.
You may opt out of this mandatory individual arbitration provision and class action waiver. If you are a new user of our Websites, and you do not consent to the mandatory individual arbitration agreement, you can opt out within 30 days after the date on which you first access our Websites and accept these Terms. To opt out, you must timely send a written notification to JOLegal@johnsonoutdoors.com or timely mail your written notification to the address below. Your decision to opt out of this provision will have no adverse effect on your relationship with Johnson Outdoors.
Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. Any opt out request received after the deadline is not valid and you must pursue your Dispute in arbitration or small claims court.
Miscellaneous
Governing language. Any translation of these Terms is done for local requirements and in the event of a conflict between the English and the non-English version, the English version of these Terms shall govern.
Continuation. Any provisions of these Terms which by their nature should survive termination shall remain in effect following the termination of the Websites and your relationship with Johnson Outdoors, our subsidiaries, and affiliates.
Severability. If any part of this “Dispute Resolution” section is found to be unenforceable, it will be severed and the rest of this section will remain in full force except as follows: If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration agreement is null and void. Otherwise, the terms of the mandatory individual arbitration agreement will survive termination of these Terms and the Websites.
Entire agreement. The Agreement (which includes these Terms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and Johnson Outdoors with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).
Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Terms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.
Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.
Your comments and questions
You may reach out to us with questions about these terms via phone at 262-631-6600 or by email at JOLegal@johnsonoutdoors.com. Our physical address is below:
Johnson Outdoors Inc.
Attn: Legal Department
555 Main Street
Racine, WI 53403, USA