Privacy Policy

Protecting your Privacy

Group III International, Inc. ("SwissGear" or "we", "us", or "our") is committed to protecting the privacy of your personal information. This Privacy Policy (the “Policy”) applies to SwissGear.com and any other related U.S. websites that display or link to this Policy (referred to in this Policy as the "Website"). This Policy also applies to other U.S. services, including stores, that display or link to these terms. It does not apply to other SwissGear sites, services and products that have their own privacy policies. This Policy describes the information we collect and how we use and disclose it. By visiting our Website and using our services, you are accepting the practices described in this Policy. If you do not agree to the terms of this Policy, please do not use the Website or the relevant services.  

Consent to Collection and Processing

The Website and our services may be operated, in whole or in part, from a country other than the United States. You consent to having your personal information transferred to and processed outside of the United States.

What Information do we collect and store?

Our privacy policy is simple: Except as disclosed below, we don't sell, trade, give away, or rent your personal information to any company outside of Group III International, Inc. One of the basic principles we've tried to follow is to limit the information we collect from and share about you. 

Personal Information

We collect and store information that you provide to us, including through the Website or our Customer Service Department or that we receive from third parties (such as companies providing commercially available databases). 

For example, when you place an order, we collect and store some or all of the following information that you provide: name, billing address, shipping address, email address, telephone number, and credit card number and expiration date. If you sign up for a SwissGear account, which allows you to use the same sign-in details anywhere in the world, we will ask for your name, e-mail address and password. If you select to be logged in persistently, basic profile information like e-mail, first name, last name and a unique identifier for your account will be stored for up to 30 days in the browser that was used for the login. We will also collect the following additional information, if you choose to provide it when you sign-up for an account: telephone number, gender, date of birth, social identifier if you choose to log in to your account via social media and age. If you choose to apply certain discount codes when making purchases, we may store the information associated with that code – which may include, for example, a school or veteran status, and connect that information with your profile.  We collect your e-mail addresses and zip code if you subscribe to our newsletter and we collect your mobile number if you opt in to receive text messages. You may unsubscribe at any time by following the instructions located within each newsletter or linked to each text message. We also collect and store your geolocation information. Registration may be required, and personal information collected in certain areas of the Website in which you specifically and knowingly provide such information, e.g. community postings (i.e., product reviews, social posts), suggestions, or customer service requests. 

If you participate in a contest or sweepstakes relating to the Around the World with SwissGear Travel Ambassador program or our Website, we may collect the following information to administer the sweepstakes: your contact information, your product information, your preferences, your location, information associated with your social media profile and other information you provide to us.

When we run a contest or sweepstakes relating to our Website, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed, if it is different than as described in this Policy. Personal information will be collected only if you voluntarily submit it to our sponsors or us.

Usage Information

Through your use of our Website, we may also gather certain information about your use of our Website ("Usage Information"). Generally, this information is collected through "traffic data". We collect and store certain other information automatically whenever you interact with our Website. For example, we collect your IP address, browser information and reference site domain name every time you visit our Website. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve our Website, to provide our customers with a fulfilling shopping experience, and to personalize the Website, our communications with you, and your shopping experience.

How do we use cookies, advertising, and online tracking?

Like many websites, we use "cookies", files stored on your computer's hard drive by your browser to identify account holders and to optimize their shopping experience. Cookies also allow us to hold selections in a shopping cart when a user leaves this Website without checking out and send you reminder e-mail about your shopping orders and other shopping opportunities. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience. You may occasionally get cookies from companies advertising on our behalf to tailor advertisements shown to you for goods and services. We do not control these cookies, and these cookies are not subject to our Website. Our systems do not recognize browser “Do Not Track” signals, but several of our service providers who utilize these cookies and other tracking technologies on our Website enable you to opt out of this type of advertising. For more information about third party cookies, including information about how to opt out of these technologies, visit http://www.networkadvertising.org/managing/opt_out.asp  or www.aboutads.info/choices/. We use Google Analytics and Google AdWords on the Website to collect Usage Information, to analyze how users use the Website and to provide advertisements to you on other websites.  For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.  You can learn more about advertising and online tracking and how to opt out of such practices in the paragraph above.

Interest-Based Advertising

We also use third party companies, including Google Analytics and Google Adwords,  to measure and target ads on our behalf about products and services tailored to your interests. We allow these third-party companies to use cookies, web beacons, pixel tags and similar technologies to collect or receive information about your interaction with us on our Website and elsewhere on the internet (“Tracking Data”) and use such Tracking Data to display ads for SwissGear and other companies when you visit this or other websites. These third-party companies may not recognize browser “Do Not Track” signals. If you would like to opt out of the collection and use of Tracking Data for ad targeting, please visit www.aboutads.info/choices/.    For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/

Is Information collected from children?

We do not knowingly collect or solicit personal information from children under 13.

How do we use your personal information?

We may use your personal information to provide the products and services that you have ordered or requested, to process and ship orders, to provide customer service, to provide other services to you, to detect fraudulent activities, and to personalize the Website, our communications with you, and your shopping experience. For example, when you create a SwissGear account, you can use your account details to log in from any location and on any device.  Your information also may be used to contact you about sales, new products, new site features, special offers, and personalized offers based on your location, unless you have opted to not receive promotional communications. The information we collect may be combined with information obtained from third-party companies. We may also combine this information with other information we collect as you interact with our brand across apps, social media and marketing messages we send you. Aggregating data allows us to update and correct the information contained in our database and to provide you with product recommendations and special offers.

How do we share your personal Information?

SwissGear - Except as described in this Policy, will not disclose your personal information outside of Group III International, Inc. without your consent.

Third-party Service Providers - We may hire other companies to provide services on our behalf, such as marketing, analytics, credit card processing, shipping, stocking orders, providing customer service, and fraud protection. These service providers have access only to such personal information appropriate to perform their functions and are contractually obligated to maintain the confidentiality and security of your information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services.

Legal and Safety Disclosures - We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Group III International, Inc or our customers, including the enforcement of our agreements or policies governing your use of our Websites and services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Group III International, Inc employees, customers or the public. 

Corporate Transactions - We may disclose personal information as part of a corporate transaction such as a merger or sale of assets.

How do we use usage information?

We use Usage Information to help us determine how people use parts of the Website and who our viewers are. This allows us to improve our Website and ensure that it is as appealing as we can make it for as many people as possible. We also use Usage Information to detect fraud and to provide statistical "ratings" information in aggregated form to our partners and other third parties about how our users collectively use the Website.  We may combine Usage Information about you with other information, including Personal Information, about you in order to personalize the Website and our communications with you and to provide you with information likely to be of interest to you.

What steps are taken to help secure personal information?

We use reasonable security procedures to protect your information. However, no data transferred over the Internet is guaranteed to be 100% secure. Personal information collected at our Website is stored in secure operating environments that are not available to the public. To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information you input. Most browsers will give a visual indication of when your connection is secure. For example, Google Chrome and Microsoft Edge internet browsers will show a padlock icon in the upper left of the browser window within the address bar. 

If you place an order through our Website, you will be asked to provide an e-mail address and phone number. In a later step you will be given a option to store your payment information with our secure checkout provider Bolt. This is completely optional and will allow you to securely checkout with any ecommerce store using the Bolt Checkout platform in the future. In order to help protect your personal information, you should be careful about providing your password to others. If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of your password, please contact Customer Service. Please refer to the section of this Policy titled “How do I contact you about privacy-related questions” for more information. 

What happens when I link to or from another website?

Our Website may contain links to other websites. Our Policy does not apply to the practices of other websites and Group III International, Inc is not responsible for the actions and privacy policies of third parties. We encourage you to be aware of when you leave our Website and to read the privacy policies of each website that you visit.

Can we use information I share in public areas, chat rooms and newsgroups?

Please remember that any information you share in public areas, such as product reviews or feedback sections, becomes public. This Policy does not apply to any information you choose to make public. Please be careful about what you disclose and do not post any personal information that you expect to keep private.

How do I opt-out of receiving promotions?

We provide you with several opportunities to opt-out of receiving our promotional communications and newsletters. Look for an unsubscribe link a the bottom of email marketing messages from SwissGear. Or should you wish to opt-out of SMS promotional SMS messages, reply STOP to any text message received.

How do I contact you about privacy-related questions?

If you have questions or comments about our privacy practices, please contact us by e-mail privacy.policy@swissgear.com or by mail at the following address SWISSGEAR Attn: Legal Privacy Policy 2981 W. McNab Rd Pompano Beach, FL 33069 If you have a question regarding a product or service, please contact Customer Service by phone at 1-954-505-8091.

How does this policy apply to International Users?

The Website that links to this Statement is intended for users in the United States. If you choose to provide SwissGear with your information, you consent to the transfer and storage of that information on our servers located in the United States. The information collected by SwissGear may be subject to international and U.S. state and federal law. If you are accessing our Website from outside the U.S., please be advised that you are transferring your personal information to us in the United States where data protection and privacy laws may be different than the laws of your country. By using our website, you consent to the transfer and use of your personal information in accordance with this Policy.

What is the Secure Shopping Guarantee?

We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. We've established a Secure Shopping Guarantee for every transaction that you make with www.swissgear.com. Should any unauthorized charges appear on your credit card as a result of shopping with www.swissgear.com, you must notify your credit card provider in accordance with its reporting rules and procedures. If you have more questions regarding our policy, you can call one of our Customer Service representatives at 1-954-505-8091. 

Applicable Law and Jurisdiction

Florida state law governs the interpretation of this Policy and applies to claims for breach of them regardless of conflict of laws principles. Both parties consent to exclusive jurisdiction and venue in courts located in Broward County, Florida. Both parties waive all defenses of lack of personal jurisdiction and forum non conveniens.

Changes to This Online Privacy Policy

We will update this Policy as needed to reflect changes in our services and customer feedback. When we post changes to this Policy, we will revise the "last updated" date at the top. If there are material changes to this Policy or in how SwissGear will use your personal information, we will notify you by prominently posting a notice of such changes prior to implementing the change. We encourage you to periodically review this Policy to remain informed of how SwissGear and Group III International, Inc is protecting your information.

TERMS & CONDITIONS

Welcome to www.swissgear.com (“Web Site”). This Web Site is owned and operated by Group III International, Inc. (“Company” “Group III”) (collectively “we” and “us”). In addition to the Content on the Web Site, the Web Site provides you with various shopping, e-commerce, and community services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site and the Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that Group III has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Web Site and exit immediately.

We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Web Site following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Web Site, you agree to such terms and conditions, as well as these Terms and our Privacy Policy (available here) (collectively, the “Agreement”).

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

1. COPYRIGHT AND OWNERSHIP

All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Group III, its licensors, vendors, agents, and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print, and download documents, audio, and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Web Site and Services. The Web Site, its Content, and all related rights shall remain the exclusive property of Group III or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on these Web Site.

2. PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products, and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We 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.

3. SHIPPING LIMITATIONS

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier.

4. ACCURACY OF INFORMATION

We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable Florida law, we make no representation as to the completeness, accuracy, or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

5. THIRD-PARTY LINKS

From time to time, this Web Site may contain links to web sites that are not owned, operated, or controlled by Group III or its 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.

6. UNAUTHORIZED USE OF COMPUTER SYSTEM

You are prohibited from posting or sending 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. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. 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.

7. ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.

8. USER GENERATED CONTENT – INFORMATION CONTROL

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Web Site post to the Web Site or transmit using the Web Site (“User-Generated Content”) do not represent the views of Group III or any individual associated with Group III, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, Group III endorsement of User Generated Content. Group III does not vouch for the accuracy or credibility of any User Generated Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to User-Generated Content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using our Web Site, you assume all associated risks.

9. USER GENERATED CONTENT – YOUR LICENSE TO US

User-Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Web Site, you grant Group III a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

10. FEES

For all charges for any products and services sold on the Web Site, Group III will bill your credit card or alternative payment method offered by Group III. Any seasonal surcharges will be included in your order's delivery total and are non-refundable. In the event legal action is necessary to collect on balances due, you agree to reimburse Group III for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.

11. ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

12. FORCE MAJEURE

Neither Group III nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

13. PRIVACY

Your use of our Web Site and Services is subject to our Privacy Policy listed above.

14. DISCLAIMER

Except as prohibited by applicable Florida law, 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. Except as prohibited by applicable Florida law, neither Group III nor any of its respective affiliates (i) warrant the accuracy or completeness of the information, materials or services provided on or through the Web Site or (ii) makes any commitments or assumes any duty to update such information, materials or services.

Neither Group III, nor any of its respective affiliates, warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

Except as prohibited by applicable Florida 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, except as prohibited by applicable Florida law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.

15. LIMITATION OF LIABILITY

our use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable Florida law, neither Group III nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.

Except as prohibited by applicable Florida law, in no event will Group III 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 the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. 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. Except as prohibited by applicable Florida law, in no event shall Group III’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.

16. INDEMNITY

Except as prohibited by applicable Florida law, you agree to defend, indemnify and hold Group III and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.

17. TERMINATION

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 may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

18. WEB SITE DISPUTES

“Web Site Disputes” include: (a) any claim you may have against Group III in connection with the Site, (b) any claim Group III may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.

All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of a Group III product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.

19. WEB SITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance of these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.

You and Group III intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.

You and Group III waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and Group III waive any right to a jury trial for Web Site Disputes.

Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.

Any Web Site Dispute shall be determined by arbitration in Florida before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.

To the extent, a party commences any action which includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against Group III and its affiliated companies, or participate in a class action against Group III and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Group III and its affiliated companies, in any Web Site Dispute.

20. GENERAL

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Except as prohibited by applicable Florida law, we do not guarantee continuous, uninterrupted, or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that the Agreement may be automatically assigned by Group III in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 9 (User Generated Content – Your License to Us); 11 (Access and Interference), 15 (Limitation of Liability), 16 (Legal Notice to Florida Residents), 17 (Indemnity), and 18 (Release) shall survive any termination or expiration of this Agreement.

21. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the Web Site, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Web Site. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim. Please address any infringement notices under the DMCA to: Customer Support – DMCA, Group III International, 2981 West McNab Rd., Pompano Beach, FL.

Please provide the following:

Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; 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; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.

22. ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between the user and Group III and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at customersupport@swissgear.com or by phone at 1-954-505-8091.

COPYRIGHT AND TRADEMARKS NOTICE

All Site design, graphics, text selections, arrangements, and all software are Copyright© 2021 Group III International, Inc.

All trademarks, service marks, and trade names of Group III used herein (including but not limited to: the SWISSGEAR® and WENGER® names and logos) (collectively “Marks”) are trademarks or registered trademarks of Group III International, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Group III trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Group III's prior written consent.

SWISSGEAR® and WENGER® are registered trademarks of Wenger S.A. ® and used under license by Group III International, Inc.

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