Privacy & Security
Last Updated: August 3, 2012
Filson reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply. If you do not agree to the amended terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.
If you have any questions regarding the Site, please contact us.
2. Terms of Sale
All sales from the Site are governed by Filson's Terms & Conditions (located under Privacy & Security). Please refer to our Terms & Conditions for the terms, conditions and policies applicable to your purchase of products from Filson. By ordering products through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice, at any time and in Filson's sole discretion, so you should review the Terms of Sale each time you make a purchase.
3. Eligibility, Registration and Account
By accessing or using the Site, you represent and warrant that you are at least 18 years of age, you are a resident of the United States and you have full power, capacity and authority to accept these Terms.
In order to interact with certain areas and features of the Site, you may need to register for an online account. By creating an account, you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify Filson if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
4. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Filson logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Filson or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Filson, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Filson has adopted a policy of, in appropriate circumstances and in our sole discretion, blocking or restricting users' access to the Site if such users are deemed to be repeat infringers. Filson may also, in our sole discretion, limit access to the Site by users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Joel Hamilton
Address of Designated Agent: 1555 4th Ave. S., Seattle, WA 98134
Telephone Number of Designated Agent: (206) 805-3749
Facsimile Number of Designated Agent: (206) 624-4539
Email Address of Designated Agent: joel.hamilton[remove this text]@filson.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"FILSON," and all logos and product or service names or slogans contained on the Site are trademarks of Filson and our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Filson or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Filson" or any other name, trademark or product or service name of Filson without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Filson and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Filson or our products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Filson logo or other proprietary graphic of Filson to link to this Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Filson trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Filson or any third party.
Filson makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such sites are not under the control of Filson and Filson is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Filson and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Filson of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that Filson's terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
Filson may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. Filson does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Filson is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content contained in the Site at their own risk.
10. Advertisements and Promotions; Third-Party Products and Services
Filson may display advertisements and promotions from users and other third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Filson is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third party advertisers or third party information on the Site.
11. Product Reviews
We may provide specific opportunities for you to tell Filson and other Filson users what you think about our products. If you submit a product review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying you or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All product reviews are strictly the opinion of the user posting such reviews, and Filson does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. We use the services of PowerReviews for facilitating product review submissions and there terms of submission may also apply
You acknowledge and agree that any materials you provide to Filson, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding Filson or our Site or products ("Submissions") are non-confidential and shall become the sole property of Filson. Filson shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment, notice or compensation to you.
13. User Content
Separate and apart from Submissions, you may use interactive areas and features of the Site to submit and share stories, photos, videos, product reviews, text, music, sound, graphics, tags, code, links or other items or content (collectively, "User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Filson account information (also referred to as "Your Filson Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for the User Content you submit and for your use of any interactive areas of the Site. You further agree that you use such interactive areas at your own risk.
By using any interactive areas or features of the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that displays, describes or encourages the use of any product sold by Filson in a manner that could be offensive, inappropriate or harmful to Filson or any user or consumer, or that is contrary to any instructions or warnings relating to the product;
d. User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
e. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
f. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
g. Unsolicited promotions, political campaigning, advertising or solicitations;
h. Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
i. User Content that, in the sole judgment of Filson, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Filson or our users to any harm or liability of any type.
Filson does not take responsibility or assume liability for any User Content posted, stored, used or uploaded by you or any third party, or for any loss or damage thereto, nor is Filson liable for any infringing content, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you encounter User Content that violates these Terms, you may report it by contacting Filson's customer service at (866) 860-8906.
Enforcement of the Terms is solely in our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by the Terms. Although Filson has no obligation to screen, edit or monitor any of the User Content, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, submitted or stored on or through the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Except for Submissions (which belong exclusively to Filson) or as otherwise expressly stated, you retain ownership of your User Content. However, you grant Filson and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. In addition, you grant Filson and our affiliates and sublicensees the right to use the name that you submit in connection with such User Content.
By submitting User Content to the Site, you represent and warrant that (a) such User Content is not subject to any confidentiality obligations; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content and to grant the rights to Filson that you grant in these Terms; (c) the User Content is accurate and not misleading; and (d) the User Content and your use and posting thereof does not, and will not, violate these Terms, any applicable laws, rules or regulations or the rights of any third party.
14. User Conduct
You are solely responsible for your conduct while on the Site, and you acknowledge and agree that Filson is not responsible or liable in any manner for the conduct of other users or third parties in connection with the Site. In addition, you agree that you will not:
a. post any false, misleading or inaccurate information on the Site;
b. use the Site in any manner that could interfere with, disrupt, negatively affect or prohibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
c. stalk, threaten, abuse, intimidate, impersonate or otherwise harass or cause discomfort to other users or third parties;
d. collect any information about other users (except as specifically authorized by Filson) or create or transmit any unwanted or unsolicited email or other electronic communications to other users;
e. use the Site for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms;
f. modify, adapt, hack or emulate the Site or Site Materials; or
g. infringe upon or violate the rights of Filson or any third party.
You agree to defend, indemnify and hold harmless Filson, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FILSON, THE SITE, SITE MATERIALS AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FILSON DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE. FILSON DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE FILSON ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, FILSON CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
17. Limitation of Liability
IN NO EVENT SHALL FILSON, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FILSON, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FILSON' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FILSON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FILSON FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
18. Modifications to Site
Filson reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that Filson will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
19. Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Filson reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Secure Shopping Guarantee
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.
We have established a Secure Shopping Guarantee for every transaction that you make with www.filson.com . Should any unauthorized charges appear on your credit card as a result of shopping with www.filson.com, you must notify your credit card provider in accordance with its reporting rules and procedures.
We will cover the liability of purchases made through this web site only if the unauthorized use of your credit card resulted through no fault of your own. If your bank holds you responsible for fraudulent charges, we will cover your liability up to $50.00.
Terms & Conditions
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.filson.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for purposes of convenience only. C.C. Filson Company, Inc. ("Filson") make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2010, ZaneRay Group Inc. or its affiliates and suppliers. The contents of this Web Site are © 2010, C.C. Filson Company or its respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Filson and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Filson or such other owner.
Linking to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
Third Party Links
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Filson, ZaneRay Group or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we, nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FILSON, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER FILSON, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
Neither Filson nor ZaneRay Group assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL FILSON OR ZANERAY GROUP, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Filson to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of Washington or the United States District Court for the Western District of Washington. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at 1-866-860-8906.
Our Commitment to Privacy
Filson values its customers and respects their privacy. We collect customer information in an effort to improve your shopping experience and to communicate with you about our products, services, and promotions. As described in this policy, we share your information under certain circumstances with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service.
1. Send us an email using the Contact Us form
2. Call us at 1-866-860-8906
3. Write to us at Filson Customer Service
PO Box 34020
Seattle, WA 98124
If our information practices change in the future, we will post an updated policy on our website. We also may post a notice on our website or send an email describing the changes. You can tell if the policy has changed by checking the revision date that appears at the end of this policy. You may exercise your choices about how we collect and use your information at any time.
- What kind of information does Filson collect?
- How does Filson use my information?
- Does Filson share my information with third parties?
- How do I access my information? How do I change or delete my information?
- How do I exercise my choices about receiving promotional communications?
- How does Filson protect children's privacy?
- What are cookies?
- How do I know my order information is secure?
- What about links to other websites and services?
What kind of information does Filson collect?
We collect information, such as name, e-mail and postal addresses, phone and credit card numbers from you when you visit our website or our store, place an order online, by mail, or by phone, make an in-store purchase, save your information with us online, or participate in a contest, promotion or survey. We collect and store certain information automatically whenever you visit our website. For example, we collect your IP address, browser information and reference site domain. We maintain a record of your product interests and the purchases you make online, by mail, or by phone and in our store, and may also acquire information about you from our joint marketing partners and from unrelated third parties.
How does Filson use my information?
When you place an order or make a purchase from Filson, we use your personal information to process your order, send you e-mails to confirm your order or to contact you via phone, postal mail or e-mail if we have other questions regarding your order or purchase.
When you place an order, make a purchase or save your information online, we will use your e-mail and postal address to send you information about our products, services, and promotions and to help us learn more about your shopping preferences. If you participate in a promotion (online, by phone, by mail, or at our retail store), we may use your personal information to send you e-mails, postal mail, or telephone (including text messages) regarding our products, services, contests and promotions. From time to time, we may use this information to contact you via e-mail, postal mail, or telephone to learn more about your shopping preferences. You always have the choice not to receive marketing information or calls.
We may share your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us with a third-party advertising partner and its service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partner will make the data we provide anonymous. To choose not to have this information used by our third party advertising partner, click here.
In addition, we may use information about your product interests and purchases from us to help us improve our catalog and site design and your catalog, online and in-store shopping experiences. We may contact you, subject to the choices you have made, via e-mail, postal mail, or telephone, to conduct market research and learn more about how we can improve our product and service offerings.
To serve you better, we may combine information you give us and information about your product interests and purchases with information from third parties, including demographic information and information that is publicly available. We use that combined information to enhance and personalize your shopping experience with us, and to communicate with you in accordance with this policy.
Does Filson share my information with third parties?
If you place orders with us through our website, by mail or telephone, or ask to be included on our mailing list, you should know we make our mailing list available to carefully screened companies whose products or services might interest you. If you prefer to have your name withheld, simply Contact Us and let us know.
We contract with service providers to operate our website, maintain and manage our customer information, to fulfill orders and to communicate with our customers. We and our service providers may share customer information with service providers whom we or they engage to perform services related to our website or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. These service providers are authorized to use customer information only in connection with the services they are engaged to perform. We do not authorize any of these service providers to make any other use of your information.
We and our service providers reserve the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of Filson, its affiliates, service providers, and others.
How do I access my information? How do I change or delete my information?
You can review, change or delete certain personal information related to your use of our online site (e.g., name and contact information). To access your information online, simply click "My Account" on the top of any page, sign in when prompted to do so, and you'll be able to edit your personal information. You can also ask us to update your personal information, by calling us at 1-866-860-8906, writing us at Filson Customer Service PO Box 34020 Seattle, WA 98134, or you may Contact Us using email. Please be sure to include your e-mail address, full name and password. Please note that any requests to update your personal information may take up to ten days to process with respect to our e-mail list and 6-8 weeks to process with respect to our postal mail list.
How do I exercise my choices about receiving promotional communications?
We want to communicate with you only if you want to hear from us. If you do not want us to send you promotional communications, please let us know by calling us at 1-866-860-8906, writing us at Filson Customer Service PO Box 34020 Seattle, WA 98134, or you may Contact Us using email. Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. You also will have an opportunity to tell us that you do not want to receive promotional emails from us by clicking on an "unsubscribe" hyperlink contained in the promotional emails we send you. It may take up to 10 days to process with respect to our e-mail list, and 6-8 weeks to process with respect to our postal mail list, during which period you may continue to receive communications from Filson.
Please also note that when you purchase from us, we will confirm your order by e-mail. In addition, we may also need to contact you via phone, e-mail or postal mail with other questions regarding your order.
How does Filson protect children's privacy?
Filson is concerned about the safety of children when they use the Internet and will not request personally identifiable information from anyone whom we know to be under the age of 13.
We use the services of a third party to help us measure the effectiveness of our advertising and determine how customers use our website. For this activity, we use web beacons and cookies provided by this third party, which enable us to collect the following types of information: pages visited, products viewed and/or purchased, search term usage, and other common website metrics. This information helps us to learn things like what pages are most attractive to our customers, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our third party service provider collects this information on our behalf, we and the service provider who operates our website on our behalf control how the information may and may not be used.
How do I know my order information is secure?
Protecting your order information is important to us. We use Secure Sockets Layer (SSL) technology to protect your online order information as it is transmitted over the Internet.
Some versions of browsers and some firewalls don't permit communication through secure servers like the ones we use to process orders at Filson. To check the security of your connection, look at the lower left-hand corner of your browser window after accessing our server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing our secure server, the first characters of the site address will change from "http" to "https."
If your browser or firewall doesn't support SSL, you will not be able to connect to our server, which means you won't be able to mistakenly place an order through an unsecured connection. If you cannot access the secure server for any reason, please call us at 1-866-860-8906 and we would be happy to help you by telephone.
What about links to other websites and services?
This website may contain links to other websites. Neither Filson nor our service providers control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Neither Filson nor our service providers are responsible for the content or practices of any linked websites, and we provide these links solely for the convenience and information of our visitors.
Effective September 1, 2005