Knives Plus, Inc. Terms and Conditions
The following terms and conditions (these “Terms and Conditions”) govern your “use” of the website at www.knivesplus.com (“Website”) operated by Knives Plus, Inc. d/b/a Knives Plus (“Knives Plus”) and/or the purchase of any product(s), including but not limited to knives, axes, machetes, tomahawks, throwing weapons, outdoors equipment, sharpeners, and/or their related accessories (“Products”), and/or the purchase of any service(s), including but not limited to knife sharpening (“Services”), and/or your access, download, and use of the content including, but not limited to, photographs, trademarks, copyrights, and logos, accessible through the Website (“Content”) provided by Knives Plus:
BY USING THE WEBSITE, PURCHASING PRODUCTS AND/OR SERVICES, AND/OR ACCESSING, DOWNLOADING, OR USING THE CONTENT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH KNIVES PLUS THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE, PURCHASE PRODUCTS AND/OR SERVICES, OR ACCESS, DOWNLOAD, OR USE THE CONTENT. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Website, Products, Services, and/or Content in any way, immediately discontinue use of the Website, Products, Services, and Content. Knives Plus has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution.
Knives Plus does not sell Products or Services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the sale of the Products and/or Services, such taxes shall be assumed and paid by you.
All sales are subject to availability, and we reserve the right to limit quantities and to discontinue Products and/or Services, even if you have already placed your order. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. All prices are subject to change without notice.
Failure to pay for any Products and/or Services purchased on the Website, for any reason, may result in legal action against you. In addition to such other remedies as it may have, Knives Plus shall be relieved of its obligation to provide the Products and/or Services, and the full amount due shall immediately become due and payable by you. You must also reimburse Knives Plus for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.
By purchasing Products and/or Services and/or accessing, downloading, or using the Website and/or Content, you represent and warrant to Knives Plus that: (i) you are eighteen (18) years of age or older and have the power and authority to enter into and perform your obligations under these Terms and Conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) if required, you have provided accurate and complete information, including, without limitation, your legal name, address, telephone number, and credit card information; and (iv) you are an authorized user of the credit card used for this transaction.
2. Limited License
Subject to payment of any required fees and compliance with these Terms and Conditions, you are granted a nonexclusive, nontransferable, limited license to access and use the Website and Content from time to time as made available to you. This license is not a sale of the Website or Content. You acquire no proprietary interest in the Website or Content. Only individuals authorized by Knives Plus may access, download and/or use the Website and/or Content.
You agree not to download, copy or use the Website and/or Content except as expressly permitted by these Terms and Conditions. You shall not transfer, sublicense, rent, lease, or lend the Website and/or Content to any third party. You shall not modify, reverse engineer, create derivate works, disassemble, or decompile the Content and/or Website without the express, written permission of Knives Plus. You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire, or use the Content and/or Website.
Knives Plus may from time to time, but is not obligated to, issue updates, modifications, or upgrades to the Website and/or Content, and may do so with automatic electronic updates. You consent to such automatic updates and agree that these Terms and Conditions apply to such updates.
4. Incorporation of Other Documents
5. User Name and Password
Registration is not required in order to utilize the Website and/or Content. However, creation of an account is an available option for users to register on the Website. By registering on the Website, you can receive Knives Plus e-newsletter updates.
You must supply your name and email address to get on Knives Plus e-newsletter list.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You must keep your account information, if any, up-to-date and accurate at all times, including a valid email address.
6. Intellectual Property Rights
© 2020 Knives Plus, Inc. d/b/a Knives Plus. All rights reserved. Knives Plus (Reg. No. 2,311,820) is a federally registered trademark of Knives Plus. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information, and other intellectual property rights (the “Rights”), in the Products, Services, Website, and Content (in both print and machine-readable forms) belong to Knives Plus. You shall not in any manner violate or attempt to impair the Rights of Knives Plus in the Products, Services, Website, and/or Content. Unless otherwise noted, other Knives Plus graphics, logos, products, packaging, designs, photographs, page headers, button icons, scripts, and names may be registered trademarks, trademarks, trade dress, registered copyrights, or copyrights of Knives Plus in the U.S. and/or other countries. Knives Plus’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any products or service in any manner that is likely to cause confusion.
You agree that any breach of these Terms and Conditions would cause Knives Plus irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Knives Plus may be entitled, you agree that Knives Plus may seek injunctive relief to prevent the actual, threatened, or continued breach of these Terms and Conditions. Any breach of these Terms and Conditions shall result in immediate termination of the license provided for herein.
7. External Links and Trademarks
The Website may contain links to external third-party websites. By providing links to other sites, Knives Plus does not guarantee, approve, or endorse the information or products available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to Knives Plus.
Suppliers and product manufacturers may have trademarks that are shown on the Website. These trademarks are property of their respective owner(s). You acquire no rights in such content.
Knives Plus reserves the right to terminate these Terms and Conditions and agreement with you at any time and for any reason including, but not limited to, breach or suspected breach of any of these Terms and Conditions or any agreements incorporated herein. Upon termination by Knives Plus, you must immediately cease using the Website and Content. Knives Plus may also suspend or discontinue the Website and/or Content without notice.
The second paragraph of the Limited License section, and the Payment, Intellectual Property Rights, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Governing Law and Venue, No Waiver, and Severability sections shall survive any termination of your use of the Website and/or Content, or expiration of this Agreement.
Notwithstanding Knives Plus’ termination rights, Knives Plus may also establish limits concerning the sales of Products and Services, and use of the Website and Content, including the maximum number of days that Content will be retained by the site, the maximum number and size of Content that may be transmitted or stored by the site, and the frequency with which you may access the Website and/or Content, and/or purchase Products and Services.
9. DISCLAIMER OF WARRANTIES
THE WEBSITE, CONTENT, PRODUCTS, AND SERVICESARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KNIVES PLUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, CONTENT, PRODUCTS, AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KNIVES PLUS DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. KNIVES PLUS SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS, OR INTERRUPTIONS IN THE WEBSITE, CONTENT, PRODUCTS, AND/OR SERVICES CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF KNIVES PLUS. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE, CONTENT, PRODUCTS, AND/OR SERVICES MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF KNIVES PLUS.
KNIVES PLUS ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE AND/OR CONTENT; HOWEVER, KNIVES PLUS DOES NOT WARRANT THAT ANY CONTENT, PRODUCTS, SERVICES, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, IN PROCESSING AN ORDER, DELIVERING CONTENT, PRODUCTS, OR SERVICES, OR OTHERWISE, KNIVES PLUS RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY IF NECESSARY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL THE ORDER AND REFUND ANY AMOUNT CHARGED.
KNIVES PLUS USES USPS, UPS, FedEx TO SHIP PRODUCTS. KNIVES PLUS SHALL HAVE NO LIABILITY FOR ANY DAMAGE, DELAY, OR FAILURE TO SHIP OR DELIVER PRODUCTS. KNIVES PLUS’ RESPONSIBILITY FOR PRODUCTS, IF ANY, SHALL TERMINATE WHEN PRODUCTS ARE DELIVERED TO A SHIPPING AGENT, AND YOU AGREE TO LOOK TO SUCH ENTITY FOR ANY DAMAGES SUSTAINED IN SHIPPING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. LIMITATION OF LIABILITY
BY PURCHASING PRODUCTS FROM THIS WEBSITE, YOU AGREE AND UNDERSTAND THAT UTILIZING KNIVES AND EDGED WEAPONS CAN BE A DANGEROUS AND HAZARDOUS ACTIVITY THAT REQUIRES, AMONG OTHER THINGS, KNOWLEDGE, SKILL, AND ATTENTION TO DETAIL. FURTHERMORE, YOU AGREE THAT KNIVES AND/OR EDGED WEAPONS SHOULD BE INSPECTED BY YOU AND HANDLED WITH CARE BEFORE AND DURING USE. YOU ASSUME ANY AND ALL RISK AND LIABILITY INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE OF ANY KIND, ASSOCIATED WITH THE USE AND/OR MISUSE OF ANY PRODUCTS OR SERVICES PURCHASED FROM KNIVES PLUS OR THE WEBSITE.
KNIVES PLUS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KNIVES PLUS’ SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, MANUFACTURERS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF: (A) YOUR ACTUAL DIRECT DAMAGES; (B) THE AMOUNT OF PURCHASES YOU PAID TO KNIVES PLUS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; (C) THE REPLACEMENT OF THE PRODUCTS OR THE AMOUNT PAID, IN THE SOLE AND ABSOLUTE DISCRETION OF KNIVES PLUS; AND (D) $100. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST KNIVES PLUS.
KNIVES PLUS AND (AS APPLICABLE) KNIVES PLUS’ SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, MANUFACTURERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF KNIVES PLUS OR A THIRD PARTY ACTED NEGLIGENTLY. KNIVES PLUS WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST KNIVES PLUS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD KNIVES PLUS AND (AS APPLICABLE) KNIVES PLUS’ SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, MANUFACTURERS, AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE PRODUCTS, SERVICES, WEBSITE, AND/OR CONTENT; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) PRODUCTS, SERVICES, WEBSITE, OR CONTENT MISUSE; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (E) ANY CONTENT YOU TRANSMIT THROUGH THE WEBSITE; (F) ANY FEEDBACK YOU PROVIDE; OR (G) YOUR CONDUCT IN CONNECTION WITH THE PRODUCTS, SERVICES, WEBSITE, AND/OR CONTENT.
12. GOVERNING LAW AND VENUE
THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS, OR FROM THE PURCHASE OF PRODUCTS OR SERVICES, SHALL BE A COURT HAVING COMPETENT JURISDICTION IN POTTER COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
13. No Waiver
The failure of Knives Plus to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
14. No Assignment
These Terms and Conditions may not be assigned or transferred by you.
If any provision of these Terms and Conditions shall be deemed unlawful or unenforceable, then that provision shall be deemed severable from these Terms and Conditions, and such severed provision shall not affect the validity and enforceability of the remaining provisions.
16. Changes to These Terms
These Terms and Conditions may be changed by Knives Plus immediately upon notice. Continued purchase of the Products, Services, and/or continued use of the Website and/or Content following any change constitutes acceptance of the change.