Using the Orvis Website
Website Terms and Conditions
These Terms and Conditions May Change
The Orvis Company, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
You may access and view the content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the content, (b) do not modify or alter the content in any way, and (c) do not make the content available to any third party. Orvis reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this Website; and (c) conducting fraudulent activities.
The material on this website is not intended for children under 13 years of age. Orvis does not knowingly collect personal information from children who are not at least 13 years old.
We welcome your comments about our Website. However, you represent and warrant to Orvis, and accept responsibility for, the accuracy, appropriateness, and legality of the Messages. Note that any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of The Orvis Company, Inc. Your submission of any such Comments shall constitute an assignment to The Orvis Company, Inc. of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. The Orvis Company, Inc. will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO ORVIS, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.
Hyperlinks to Other Websites
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which The Orvis Company, Inc. does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Website and all Content available on this Website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that The Orvis Company, Inc. shall not be liable for any damages of any kind related to your use of this Website.
Orvis attempts to ensure that the Content on this Website is complete and current. As indicated in the terms set forth below, Orvis cannot guarantee that the information contained on this Website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. Orvis reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you. Further, Orvis reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Orvis shall promptly issue a credit to your credit card.
The Orvis logos and trademarks, as well as other marks, trade names, trademarks, and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Orvis or a Orvis affiliate or by third parties who have licensed their rights to Orvis. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Orvis owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and "frame" the Content in any manner or sell or attempt to sell the Content.
Limitations of Liability
IN NO EVENT SHALL ORVIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF ORVIS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN ORVIS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Links to Third Party Websites
The Terms and Conditions constitute the entire agreement between you and Orvis with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Orvis with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Orvis. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Venue for Disputes
Any action relating to the use of the Website, catalogs or any transaction with The Orvis Company, Inc. must be brought in the state or federal courts located in the County of Bennington, Vermont.