Terms and Conditions

W.R. CASE & SONS CUTLERY COMPANY’S GENERAL TERMS OF USAGE

IMPORTANT! PLEASE READ CAREFULLY
These General Terms of Usage, including the Privacy Policy, Copyright Notice, Trademark Statement, Request For Reproduction Permissions, and General Terms of Service (located below), together hereafter the “Terms”, constitute a legal agreement between you and W.R. CASE & SONS CUTLERY COMPANY (hereafter “W.R. CASE & SONS,” or “CASE”) and spell out the terms and conditions to which users of W.R. CASE & SONS’ websites are required to adhere. The W.R. CASE & SONS’ sites include: wrcase.com; beacasedealer.com, tecx.com, and any other site in which these Terms appear (collectively, referred to herein as “CASE sites”, “Sites”, “we” or “us”). It does not apply to affiliated websites, products, or services.

The Sites are operated by W.R. CASE & SONS in whole or in part, from the United States by it and its subsidiaries and affiliates. By accessing or using the Sites, services, or the mobile versions of any Site, you signify that you have read, understand and agree to be bound by these Terms and any other applicable law, whether or not you are a registered user of CASE. CASE may change these Terms at any time without notice, effective upon its posting to this website. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the websites shall be considered your acceptance to the revised Terms. If you do not agree to these Terms, please do not use this website.

By using a Site, you agree to be bound by the terms set forth herein and any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Usage (Terms). If you do not agree with or do not wish to be bound by all of the Terms, do not use any of the Sites. We reserve the right to amend these Terms at any time. Amended Terms will be posted on this website. Your continued use of any Site following the posting of changes to these Terms means you accept the changes.

INTERNATIONAL USERS

This website is operated, in whole or in part, from the United States By using any of CASE websites, regardless of where you live in the world, you consent to have any personal data you submit to any Site transferred to and processed in the United States. CASE does not collect or use personally identifiable information from persons located outside the United States.

PRIVACY POLICY
W.R. CASE & SONS respects the privacy concerns of its customers and users of its Sites and has created this privacy statement to explain how we use and protect your personal information. We take reasonable efforts to protect any information you give us. Open link to view. The Privacy Policy is incorporated here by reference.

CONTENTS:
1. W.R. CASE & SONS SITES CONTENT AND USER SUBMISSIONS
2. USER GENERATED CONTENT, PRODUCT REVIEWS AND DISCUSSIONS
3. TERMS FOR THE ONLINE STORE
4. PERSONALIZED KNIVES - DEZIGN MINE PRODUCT CUSTOMIZATION – USA CONSUMERS ONLY
5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
6. LIMITATION OF LIABILITY
7. SYSTEM INTEGRITY
8. TERMINATION OF USE
9. LEGAL STATEMENT
10. COPYRIGHT NOTICE
11. TRADEMARK NOTICE

1. W.R. CASE & SONS SITES CONTENT AND USER SUBMISSIONS

1.1 The contents of the W.R. CASE & SONS Sites are intended for the personal use of its users. All materials published on the Sites (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by W.R. CASE & SONS or the party credited as the provider of such Content, software or other materials. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Sites.

1.2 The Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of any Site in whole or in part.

1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from W.R. CASE & SONS, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.

1.4 By using any Site you agree that any information, feedback, questions, comments and/or submissions to us, the Sites, (as discussed below) or the like (not including “Personal Information” discussed above in the Privacy Policy) that you provide to us in connection with any Site ("Submission") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligation of any kind with respect to any Submission and shall be free to reproduce, use, disclose and/or distribute any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all ownership or moral rights you may have in any materials uploaded or sent to us by you.

1.5 To enable W.R. CASE & SONS to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information. W.R. CASE & SONS will only use your information in accordance with our Privacy Policy.

1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our General Counsel with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The email address is generalcounsel@zippo.com

Our Copyright Agent for notice of claims of copyright infringement on this Site is: W.R. CASE & SONS CUTLERY COMPANY Attention: General Counsel 33 Barbour Street, Bradford, PA 16701 Fax (814) 363-2597 Telephone: (814) 368-2700 generalcounsel@zippo.com

2 .USER GENERATED CONTENT, MEMBER FORUMS AND DISCUSSIONS

2.1 The Sites may make available online Forums content and surveys. You shall not upload to, or distribute or otherwise publish in those sections through any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the product reviews and surveys. You agree not to use vulgar, abusive or hateful language. Forums content and surveys within the Site are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning W.R. CASE & SONS products and related matters. W.R. CASE & SONS does not endorse the opinions placed in our Forums content and surveys.

2.2 The Forums content shall be used by you only in a noncommercial manner. You shall not, without the express approval of W.R. CASE & SONS, use the Case Collectors Club Member Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote websites or online services that are competitive with W.R. CASE & SONS and the Service.

2.3 While we do not and cannot review every message posted by users in the Club Member Forums and are not responsible for the content of any of these messages, W.R. CASE & SONS reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. W.R. CASE & SONS reserves the right to revoke a user’s Site privileges and access at any time for any reason or no reason.

General Rules for User-Generated Content

2.4 Guests of W.R. CASE & SONS Sites are solely responsible for the content of messages they post in any Forum, blog, social media site or consumer review. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) in the previously mentioned content pages and any social network pages where W.R. CASE & SONS hosts a page or space like Facebook, Twitter, etc, that information can be collected and used by others for any reason.

2.5 Content is Not Prescreened
W.R. CASE & SONS does not guarantee to prescreen User Generated Content. W.R. CASE & SONS does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. W.R. CASE & SONS is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event W.R. CASE & SONS chooses to monitor any User Generated Content, W.R. CASE & SONS assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. W.R. CASE & SONS reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

2.6 Eligibility and Registration
To post User Generated Content and participate in our Case Collectors Club Member Forums, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the website. This website is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the website. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

2.7 W.R. CASE & SONS' Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to W.R. CASE & SONS a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

3.TERMS FOR THE CASE COLLECTORS CLUB ONLINE STORE

3.1 In addition to the provisions contained in these Terms, the following terms apply specifically to the online store, currently located at www.wrcase.com

  1. By placing an order, you certify that you are able to pay for the item(s) in your order.
  2. By placing an order on Wrcase.com (or any other online store operated by W.R. CASE & SONS, hereafter referred to as “wrcase.com”) you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address).
  3. If you place an order for any product on wrcase.com you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
  4. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online store and your purchase of items.
  5. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
  6. Due to Hazardous Goods regulations, we may not be able to ship certain merchandise to your address. W.R. CASE & SONS reserves the right to refuse shipment of any product for any reason or no reason.
  7. We reserve the right to add and/or remove products on wrcase.com, for any reason, at any time.
  8. We reserve the right to limit quantities of items sold.
  9. You may not transfer or sell your User ID or account to another party.
  10. Unless otherwise stated, all prices are quoted in U.S. Dollars.
Products available from any Site may be advertised on third party shopping websites. W.R. CASE & SONS is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on any Site, including, but not limited to pricing information. In the event that a difference exists, information found the Site shall govern. All purchases from any Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

4.1 A Site may contain links to other internet sites. Your selection of a link will redirect you off of the W.R. CASE & SONS Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party website and are not the responsibility of W.R. CASE & SONS. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these linked sites. W.R. CASE & SONS does not assume any liability or responsibility for the actions, product, availability or content of these outside websites. You should direct any concerns regarding any externally linked website to the administrator or webmaster of the third party website.

5. LIMITATION OF LIABILITY

5.1 NEITHER W.R. CASE & SONS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, OR ANY OF THE MATERIALS PROVIDED BY W.R. CASE & SONS OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF W.R. CASE & SONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

5.2 To the fullest extent permissible under applicable law, W.R. CASE & SONS CUTLERY COMPANY aggregate liability, and the aggregate liability of our subsidiaries, affiliates and officers, to you or any third party is limited to One Thousand U.S. Dollars ($1000).

6. SYSTEM INTEGRITY

You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.

7. TERMINATION OF USE

7.1 W.R. CASE & SONS may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Sites for any or no reason, including, without limitation, breach of these Terms or the infringement of copyrights owned by third parties.

7.2 W.R. CASE & SONS, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any W.R. CASE & SONS event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any W.R. CASE & SONS employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a W.R. CASE & SONS employee or other individual.

8. LEGAL STATEMENT

8.1 These Terms have been made in and shall be construed and enforced in accordance with Pennsylvania and Federal law without regard to any conflict of law provisions. W.R. CASE & SONS makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in McKean County, Pennsylvania or the Federal Courts of the Western District of Pennsylvania.

8.2 Official correspondence must be sent via postal mail or express service to:

W.R. CASE & SONS CUTLERY COMPANY
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701


8.3 The Terms of Service, the Terms of Use, the Privacy Statement and any other terms referenced herein (hereafter “Terms”) constitute the entire agreement between you and W.R. CASE & SONS with respect to your access and use of the Sites and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and W.R. CASE & SONS with respect to the Sites. If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. W.R. CASE & SONS may assign these Terms (i) to any of its affiliates; (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of W.R. CASE & SONS; or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.

9. COPYRIGHT NOTICE

Copyright © 2012 W.R. CASE & SONS CUTLERY COMPANY, All rights reserved. The material on the Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of W.R. CASE & SONS CUTLERY COMPANY.

10. TRADEMARK STATEMENT

CASE,, CASE XX, TESTED XX, and XX are registered trademarks of W.R. CASE & SONS CUTLERY COMPANY and/or used under license of CaseMark, Inc. in the U.S.A.

© 2011 W.R. CASE & SONS CUTLERY COMPANY. All Rights Reserved.

No material found or located on the CASE Sites may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of W.R. CASE & SONS. You may write or fax the General Counsel of W.R. CASE & SONS CUTLERY COMPANY to seek permission at this address:

W.R. CASE & SONS CUTLERY COMPANY
Attention: General Counsel
33 Barbour Street
Bradford, PA 16701
Fax (814) 363-2597


© 2012 W.R. CASE & SONS CUTLERY COMPANY. All rights reserved.