Leatherman Tool Group, Inc.

Website Terms of Use

1. This website, www.leatherman.com, including its applications and tools (the “Website”), is owned by Leatherman Tool Group, Inc. (“Leatherman”). Your use of this Website is subject to the following terms and conditions as well as all applicable laws. By accessing, browsing, and using this Website, you acknowledge and accept these terms and conditions (the “Terms”), and you represent that you have the legal capacity to enter into the agreement set out in these Terms. The Website is considered a general audience site and is not intended to be used by children. Leatherman does not sell products for purchase by children. If you are under eighteen (18) years of age, you may use the Website only with the involvement of a parent or legal guardian. If you do not agree with any of the Terms, do not use this Website. Each time you access and/or use the Website, you agree to be bound by these Terms and any additional terms that will apply to you.

BY AGREEING TO THESE TERMS DURING ACCOUNT SETUP OR WHEN MAKING A PURCHASE ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.

These Terms were last updated: September 3, 2014

Eligibility to Use the Website

The Website is operated from various locations both within and outside the United States and may be accessible worldwide. However, only users in the United States who are over eighteen (18) years old or the age of legal majority in their place of residence may purchase products through the Website. If you access or use the Website from outside the U.S., you do so at your own risk and you are responsible for complying with the laws and regulations of the territory where you access or use the Website.

Creating and Using a Website Account

You are not required to establish an account in order to make purchases through the Website. However, in order to establish a Website account (if such functionality is available), visit the “Create Account” page on the Website and enter the required information, including, without limitation, your name, company name (if applicable), your email address and other contact information, and a valid address and related information. We will email a confirmation of your log in information to the email address you provided upon registration.

You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. Further, you must provide accurate and truthful information about yourself and your company (if applicable), and you must update that information from time to time as necessary to keep the information current and accurate. You are responsible for all activities occurring under your Website account and for keeping your password and other Website account information confidential. If you suspect someone is accessing or using your Website account without your permission or if you need to change your password or account information, please login to your account and go to the “My Account” page.

Materials on the Website

The Website and all material and information posted thereon, including, without limitation, photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips, and designs (collectively, “Material”) is protected by copyrights, patents, trade secrets or other proprietary rights and may not be, in whole or in part, copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, framed, transmitted, posted, distributed, modified or used, in whole or in part, whether in text, graphical, audio, video, executable or other form, except as expressly permitted by these Terms, without the express written consent of Leatherman. Any other access to this Website and any other use, reproduction or transmission of information or data obtained from this Website is strictly forbidden, without the prior written consent of Leatherman.

You must ensure that your access to this Website and Material available on or through it is legal in each jurisdiction in or through which you access, view or otherwise use this Website or such Material.

Termination or Suspension of a Website Account

You agree that Leatherman, in its sole discretion, may terminate, suspend, or disable your use of the Website and Material at any time and for any or no reason, in its sole discretion, if (i) Leatherman believes you have violated or acted inconsistently with these Terms, (ii) in order to comply with applicable law, or (iii) in any other circumstances Leatherman deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Further, you agree that Leatherman shall not be liable to you or any third party for any termination or suspension of your access to the Website. If Leatherman terminates, suspends, or disables your Website account, you remain obligated to pay Leatherman for all unpaid purchases made prior to the termination or suspension of your Website account.

Purchasing Products Using an Account

If you have registered for a Website account, you may order products by logging in to your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. From there, follow the instructions provided on screen to check out or purchase the product. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account.

Purchasing Products without Using an Account

If you do not have a Website account, you may purchase products as a guest, without logging in, by providing billing, shipping and related information as requested by Leatherman at the time of purchase. Each time you make a purchase in this manner, you must provide accurate contact information so you may be contacted regarding your purchase, if necessary, and you must agree to these Terms and any other applicable purchase terms set forth in the checkout process.

Terms Applicable to Purchases

You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) Leatherman’s acknowledgement of an order is not acceptance of an order and Leatherman may reject or cancel an order at any time; (iii) you must either have an existing account with Leatherman or provide a valid and authorized payment information and agree that Leatherman may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (v) you will pay all taxes; (vi) if Leatherman does not receive payment from your payment card issuer, you will pay all amounts due upon demand; (vii) Not intended for export outside USA.

You acknowledge and agree that no employee, agent, dealer, or service provider is authorized to make any promise, representation or warranty with respect to these Terms or the products or to amend, modify or waive any of these Terms.

Methods of Payment

You may use the methods of payment to purchase products through the Website as identified on the Website upon checkout. All payments are accepted only in U.S. dollars. If you use a payment card issued from a bank outside the U.S., you acknowledge that you are responsible for fees charged by the issuer of your payment card for currency conversion. Please consult the terms provided by the issuer of your payment card for applicable currency conversion rate and fees and charges.

Pricing and Shipping

Product pricing and shipping costs will be as reflected on the Website. Prices posted on the Website and Leatherman’s billing policies are subject to change at any time without notice to you. Prices on the Website are in U.S. dollars for U.S. purchasers only. We cannot ship to addresses outside the U.S. possessions and territories, other than APO and FPO (Air/Army Post Office or Fleet Post Office) boxes. All purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when the goods are delivered to the carrier for shipment.

You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Leatherman will not be liable for these inaccuracies, omissions, or errors. Leatherman will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Leatherman does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.

Any discounts or special offers available with your Website account will be automatically reflected with the purchase price in the shopping cart, once you login using your Website account.

Order Fulfillment

Products ordered from the Website may be fulfilled by one or more of our subsidiary or affiliated entities. The appropriate Leatherman entity that fulfilled your order will be listed on your receipt. If your order is fulfilled by more than one entity, you will receive a receipt from each applicable entity for the products fulfilled by that entity.

Product Availability

We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.

Cancellations to Orders; Returns.

We may, in our sole discretion, choose to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.

If you wish to return a product or change or cancel your order for any reason, you must contact Leatherman either directly by using the contact details provided on the Website or by using the contact form of the Website. If your request relates to a return, you must contact us in accordance with our return policies. Return and refund policies can be found at http://www.leatherman.com/shipping-returns.html.

Product Information

We make conscientious efforts to display and describe the products available on the Website accurately and completely. However, the detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we do not guarantee that the products, images, available features, services or specifications displayed or described to you on the Website are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.

Customized or Engraved Products

Prior to placing an order for a customized or engraved product, you must review the text and content of your submission thoroughly for accuracy. Orders are printed in their “as submitted” form and you are solely and fully responsible for any text or content you submit as well as final proofing. Leatherman does not proof or pre-screen content and is not responsible for misspelled or mis-designed submissions. We reserve the right to reject orders and submissions that do not meet Leatherman policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Profane, offensive, libelous, infringing or objectionable words, phrases or content will not be honored and Leatherman may refuse to accept such content. Please be advised the website includes a virtual representation of your final product, and the preview may vary slightly depending on your tool.

If you have time sensitive material (i.e., it has a specific date by which it must be delivered), please plan accordingly. Please allow at least 2-4 additional business days for processing of custom orders. Production and shipping times are estimates only. By placing a custom order, you certify that you possess the lawful right to use all text and content submitted in your custom order and authorize Leatherman to copy, print and use said text and content to customize the product in the quantities requested. You represent and warrant that your submission does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.

Features on the Website

Leatherman may from time to time make available additional features on the Website. Those features are subject to these Terms and any other applicable terms and conditions associated with them on the Website, as those may be updated from time to time by Leatherman.

Changes to the Website and Products

We reserve the right to make changes to the Website, the products, methods of payment, and features available on the Website at any time, in our sole discretion.

Restrictions on Use

We expect and require that all visitors use the Website for its intended purposes and refrain from engaging in inappropriate behavior on the Website. Such inappropriate behavior includes:

requesting, or otherwise attempting to obtain or store, personal information, passwords, account information or any other type of information of other users;
accessing or using anyone else’s Website account;
creating a deep-link to the Website, using any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
inhibiting, disrupting, or otherwise preventing anyone from using or accessing the Website;
acting in any manner that disrupts or interrupts users’ real-time experience on the Website;
hacking or defacing any portion of the Website;
interfering with or disrupting the Website or servers or network connections to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website;
attempting to gain unauthorized access to the Website, or any feature or portion of the Website, any other systems or networks connected to the Website or any server related thereto;
using the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation; and
providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization or individuals appearing on the Denied Persons list.

Intellectual Property Rights.

Without limiting the Terms, Leatherman and its licensors own and retain all right, title and interest in and to any copyright, trademark, patent or other intellectual property embodied in the Website. Such intellectual property is protected under United States and other countries' copyright, trademark and other laws and international treaty provisions. Any unauthorized use by you of this intellectual property may subject you to civil and criminal penalties. Without limiting the above, the trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Leatherman or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written permission of Leatherman or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without our express written consent. Further, you may not utilize any Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.

Website Disclaimer

THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, LEATHERMAN EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. LEATHERMAN WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE.

Without limitation to the foregoing, Leatherman makes no warranty that: (a) there will be no interference with your use or enjoyment of the Website; (b) the Website will fulfill any particular purpose, need requirement or specification or is complete, reliable or accurate; (c) orders for a product(s) will be honored according to your schedule or any stated schedule; (d) the Website will be secure or error free; (e) any errors in the Website will be corrected; (f) the Website is lawful, appropriate or available for use in any particular location; (g) there will be no interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information; or (h) products displayed or referenced on the Website are available for use in a particular location.

Warranty information regarding products may be found at http://www.leatherman.com/support-warranty.html.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, LEATHERMAN SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF SARTORIUS FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.

Your sole and exclusive remedy is to discontinue using and accessing this Website. The aforementioned exclusions and limitations apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions apply even if Leatherman has been advised of the possibility of such claims, losses, costs or damages.

Indemnification

You agree to defend, indemnify, and hold harmless Leatherman and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by Leatherman (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system or Website account, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Website or Material, or (c) your violation of any intellectual property rights of Leatherman or any third party.

Hyperlinks

This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. Leatherman has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to this Website, unless expressly permitted by Leatherman in writing.

Damage to Others

You agree not to introduce into or through this Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Modification of these Terms

Leatherman may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Website from time to time, without prior notice, by updating this posting. You agree that Leatherman may provide notice to you of such modifications by posting them on the Website. The date of the last modification will appear at the top hereof. Your access and use of this Website constitutes your consent to be bound by these terms and conditions.

General Terms

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to these Terms, will be governed by and construed in accordance with the laws of the State of Oregon, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms, including, but not limited to any Product, shall be subject to the exclusive jurisdiction of state or federal courts located in Portland, Oregon, and you hereby consent and submit to the personal jurisdiction of such courts.

These Terms do not create any fiduciary relationships between you and Leatherman, service providers or other companies that assist with providing the products or operating the Website. These Terms do not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, the terms and covenants contained in these Terms which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms will so survive and continue in full force and effect until they are satisfied or by their nature expire.

All rights not expressly granted in these terms are reserved by Leatherman. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of Leatherman or any other person or entity.

Contact Us

If you have any questions or comments about this Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at info@leatherman.com or call us at (503) 253-7826 (toll-free: (800) 847-8665).

You also may write to us at:

Leatherman Tool Group, Inc.

P.O. Box 20595

Portland, OR 97294

Leatherman® Insider Terms and Conditions

Last Updated: July 27th, 2023

THE LEATHERMAN INSIDER TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER BELOW THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. PLEASE READ THE PROVISION CAREFULLY. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS ANS CONDITIONS AND THE PROGRAM THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

These terms and conditions govern the Leatherman® Insider program (the “Program”). The Program is operated by Leatherman Tool Group, Inc. (“Leatherman,” or “we”). By enrolling in the Program, you agree to be bound by the specific terms and conditions provided below, as well as the Terms and Conditions available at https://www.leatherman.com/terms.htm l (incorporated here by this reference) (collectively with these Program Terms, the “Terms”), and you opt-in to the Program after having received the Leatherman Insider Notice of Financial Incentive. You also acknowledge you have received the Leatherman Privacy Policy (available at https://www.leatherman.com/privacy-policy.html) and its Additional Notice for California Residents (available at https://www.leatherman.com/privacy-policy.html#california) regarding the collection, use, storage, and disclosure of personal information, and you consent to the practices described therein. By enrolling in the Program, you consent to the collection, use, storage, and disclosure of your personal information for purposes of administering the Program as set out in the Privacy Policy. Participation in the Program is void if prohibited by law in the jurisdiction in which the prospective participant resides. The Program and some Program features may be limited or unavailable for some jurisdictions or users.

The Program is a customer benefits program that allows Members (as defined below) the opportunity to participate in exclusive member promotions and to receive points (“Insider Points”) on an individual basis for their own account. Each Member will be assigned a Membership Tier (as defined below) based on the number of Insider Points received by that Member during the qualifying period. Program benefits are available to a Member based on the Member’s then-current Membership Tier. Insider Points are not redeemable and are only used to determine a Member’s Membership Tier. These Terms provide a general overview of the Program. For more information on receiving and calculating Insider Points, Membership Tiers, and Program benefits, please visit the Leatherman Insider Program page.

To the fullest extent permitted by applicable law, Leatherman reserves the right to change (add to, delete, or amend) these Terms or aspects of the Program at any time, even though such changes may affect the number of Insider Points required to attain a specific Membership Tier, qualifying Membership Tier, available Program benefits, and/or the time of obtaining benefits. Please check the Leatherman website at https://www.leatherman.com/terms.html (“Website”) periodically for changes. Subject to applicable law, we may provide notice of changes, at our sole discretion, through methods deemed appropriate by us as provided under Section 12 below.

If you violate these Terms or engage in any fraud or abuse in use of the Program, Leatherman may terminate your membership, bar you from future participation in the Program, cancel any Insider Points and Membership Tier, and/or take appropriate legal action against you.

1. ELIGIBILITY. Participation in the Program is limited to persons residing in the United States, who are over 18 years of age (or the age of majority in the individual’s jurisdiction of residence). Program accounts are limited to one individual per account. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate. Individuals are limited to one account per person and duplicate accounts (including under multiple email addresses) may be deleted or terminated by Leatherman, in its sole discretion. Participation in the Program is personal and non-transferable. No business entities, third-party aggregators, organizations, or groups may register for the Program, receive Insider Points, or utilize Program benefits.

Any offers a Member receives are specific to that Member's account, unless otherwise stated and are non-transferable. Insider Points and Program benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Insider Points and Member benefits available via the Program have no cash value, are not redeemable for cash or for purchases of any products or services, are not gift certificates or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Insider Points or Program benefits constitute consideration paid for any of the foregoing. Leatherman reserves the right to limit the availability of any Member benefits from time to time and to limit the number of Insider Points and/or Member benefits available.

2. ENROLLMENT. There is no fee associated with the Program. To enroll, you must provide the requested information (including valid email address) by registering online at the Website to become a member of the Program (“Member”). Leatherman reserves the right to limit or modify enrollment at any time and to accept or refuse participation at our discretion. Upon sign-up, you will be required to provide the requested information, namely, your first and last name, e-mail address, and birthday (optional), and to choose a password.

For the purposes of participating in the Program, you agree to provide true and accurate information and to ensure your information remains up to date. Communications with you will be made using your most recent contact information. Leatherman is not responsible for your inability to receive Insider Points or utilize Program benefits or other loss due to your failure to provide and maintain accurate contact information.

3. INSIDER POINTS AND MEMBERSHIP TIERS

INSIDER POINTS

Qualifying Purchases. A Member in good standing will receive Insider Points based on qualifying purchases of Leatherman products and items. The number of Insider Points received may vary per product or item and per channel.

Purchases and transactions for products or items that are not identified as qualifying for the Program do not qualify for Insider Points, including, without limitation: (i) purchases of gift cards or gift certificates; (ii) prior purchases (except as provided in these Terms); and (iii) any amounts paid in surcharges, delivery fees, sales tax, use tax, VAT, or other transactional tax, gratuities, service charges, or similar fees, fines or charges. Insider Points for purchases made with discounts and/or special pricing or combined with other offers will be subject to the determination of Leatherman, in its sole discretion. Insider Points will not apply for any products or items that are returned and any Insider Points previously allocated in relation to the purchase or transaction will be removed from the Member’s account upon return.

Members may receive Insider Points for qualifying purchases of Leatherman products or items from Leatherman. Purchases placed on corporate gifting orders or to PRO program members, by or on behalf of third-party aggregators, groups, organizations, or business entities are excluded and will not generate qualifying purchases and will not count toward Insider Points.

Non-Transactional Activities: Leatherman or others acting with our permission may, but shall have no obligation to, offer Members opportunities from time to time to receive Insider Points for completing other non-purchase activities (such opportunities may vary based on Membership Tier status), such as:

completing your Member profile after registration to enable us to administer the Program for you;
submitting a referral using the dedicated link provided through your Member account to a friend who joins the Program and completes a qualifying purchase of a Leatherman product or item (referral opportunities subject to Program Year limits);
connecting your account on a designated social media platform to the Member account in accordance the social media platform terms and our Privacy Policy;
sharing designate posts or content from the Website on Member’s social media accounts in accordance with the guidelines provided by us;
completing an online review of a Leatherman product or item through a qualifying platform or a dedicated link provided by Leatherman via email (subject to applicable limits of one review per purchased product and total number of reviews per Member). Reviews are subject to applicable Leatherman guidelines and terms;
answering a survey through a link provided by Leatherman via email; or
participating in promotions or completing challenges identified on the Website or Leatherman social media pages.

Note: Members in the United States must comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials. This means that you must properly tag @leathermantools and include the required hashtag or disclosure statements provided by Leatherman in any posts and communications online or on social media. When you provide a review or feedback of a Leatherman product or item or participate in a survey, the review and feedback must reflect your honest opinions and you must use the applicable hashtag or disclosure provided by Leatherman in connection with any post.

Non-transactional activities may be temporary in nature and may be subject to restrictions and limitations. The number of Insider Points offered for non-transactional activities is subject to Leatherman’s sole discretion. Leatherman is under no obligation to provide Members with any particular number of Insider Point-earning opportunities, special offers, or to send messages to them. Leatherman reserves the right to modify or eliminate such offers at any time.

Insider Points are automatically tracked at the time of the qualifying purchase, transaction or activity (except for orders (when and where available) made through authorized third party retailers, or which Members need to take additional steps for their purchase to register in the Member account). Insider Points for any single qualifying purchase or activity will only be credited to one (1) Member account. Insider Points will be credited to the account upon final processing of the qualifying transaction or completion of the activity garnering Insider Points. In certain cases, it may take 3-5 business days after full processing of the qualifying purchase or activity for Insider Points to be credited. Insider Points will be automatically withdrawn from a Member’s account if a product or item from a qualifying purchase is returned or is not fully processed. To the fullest extent permitted by applicable law, Leatherman shall not be responsible for, or liable to, any Member, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Insider Points or benefits to a Member's account. Leatherman reserves the right to make corrections to the number of Insider Points credited to an account, to modify the number of Insider Points that may be earned through any transaction or activity, and to modify the and number of Insider Points needed to achieve specific Membership Tiers.

Available Insider Points totals for a Member account will be displayed in the Member’s account online when you log in at https://www.leatherman.com/login.

MEMBERSHIP TIERS

Insider Points cannot be redeemed for specific rewards or benefits and are not redeemable for cash, products, or services. Each Member will be assigned a member tier status: Tier 1: Select, Tier 2: Premier, or Tier 3: Elite (each, a “Membership Tier”) based on the number of Insider Points received in that Member’s account each twelve (12) month period (the “Program Year”) based on that Member’s qualifying purchases and participation in other activities and opportunities during that Program Year.

Insider Points earned during a Program Year will reset each twelve (12) month period. Once a Member attains a specific Membership Tier, the Member will maintain that Membership Tier status until the end of the current Program Year and for the following Program Year. If by the end of the following Program Year, a Member has not earned enough Insider Points to maintain the current Membership Tier status, the Member’s Membership Tier status will be adjusted down for the new Program Year to the Membership Tier status corresponding to the Insider Points actually obtained during the previous Program Year. A Member who has met the requirements for a higher Membership Tier status during the Program Year will be automatically upgraded to the higher Membership Tier for the new Program Year.

If the number of Insider Points for the Membership Tier status falls below the required minimum number of Insider Points (e.g., due to a return of a Leatherman product from a qualifying purchase), that Member will be reset to a lower Membership Tier. Leatherman reserves the right to change, modify or update the number of Insider Points or other actions and requirements needed to earn each Membership Tier status and benefits.

4. PROGRAM BENEFITS. Members will have access to Program benefits based on their then-current Membership Tier. Additional details regarding the Program benefits available to Members based on Membership Tiers are available through the Leatherman Insiders page on the Website. In certain instances, a Member must be logged into his/her Member account at the time of making a purchase or undertaking an activity to activate Program benefits. In any single transaction, only one Program membership account may be used to obtain Program benefits.

In the event of technical failures or difficulties or other reasons, any Program benefits may not be available during a Member's transaction, Member acknowledges and agrees that the Member is not entitled to any compensation as a result of such technical failures or difficulties. See our Website Terms and Conditions for more information about the Website’s use.

5. SPECIAL OFFERS. Leatherman may periodically send special offers (including, without limitation, birthday offers) to Members. These offers may appear with different descriptions from time to time and may vary and be customized by Member (collectively, “Bonus Offers”). The number, type and frequency of Bonus Offers are based on a number of factors, each of which is subject to change without notice. Bonus Offers are purely promotional offers, have no cash value, and do not constitute property of the recipient. Bonus Offers may have certain restrictions including expiration dates and short, time-limited availability periods. Restrictions apply and items are subject to availability. All Bonus Offers must be redeemed prior to the stated expiration date to be valid. Determinations regarding availability of, and eligibility for, Bonus Offers are subject to the discretion of Leatherman. You may be required to present your Program Member account information in order to redeem the Bonus Offers. Read each offer carefully for specific details, limitations and restrictions.

6. INACTIVE ACCOUNTS. Leatherman reserves the right to cancel a Member’s Program registration and account if the Member’s account remains inactive for a period of thirty-six (36) months or more. Accordingly, once you register for the Program, if you do not make a purchase or engage in an activity for which you will receive Insiders Points within your Member account within thirty-six (36) after your initial registration or the last recorded purchase or activity for which you received Insiders Points, Leatherman reserves the right to cancel your Member account. You understand and agree that cancellation by Leatherman of your Member account will result in the cancellation and forfeiture of all Insiders Points, current Membership Tier, Program benefits, and the inability to earn further Insider Points, Membership Tiers, and Program benefits. If a individual elects to re-enroll in the Program after cancellation by you or Leatherman, your Member account will reset as a new Member account and any Insider Points, Membership Tier Status, and/or Program benefits will not be restored.

7. USER CONDUCT. Without limiting the user conduct terms under the Website Terms and Conditions, by joining the Program, you agree to remain courteous and respectful toward employees, contractors, and agents of Leatherman, its affiliates, operators, partners, guests and other Members. You agree not to harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of Leatherman, its affiliates, operators, or partners engaged in the provision of services, including the delivery of any services, or any other guests, Members or third parties.

8. PRIVACY. The Leatherman Privacy Policy (available at https://www.leatherman.com/privacy-policy.html) and its Additional Notice for California Residents (available at California section of the Privacy Policy) describe our practices relating to how Leatherman processes the personal information of Members. As explained therein, we use and retain personal information we collect to, among other things, detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Insider Points, or to violate these Terms. These Terms do not limit any other consent(s) that you may provide us or others in relation to the collection, use and/or disclosure of personal information, or alter in any way the terms or conditions of any other agreement you may have with us for other products or services.

9. SUBMISSIONS. Each Member acknowledges and agrees that Leatherman has the perpetual, irrevocable, and fully-transferable right to use, display, distribute, transmit, reproduce, publish, edit, and sublicense the content of any posts and submissions (including, without limitation, product reviews or feedback) by the Member as part of the Program in any way and to otherwise exploit the content of your posts and submissions (alone or combined with other content) for promotional and other lawful purposes in any media or manner (now existing or later developed) worldwide (including, for example, use on the Leatherman’s website, newsletters, e-mails, postings on social media accounts, internal communication, and use on websites and promotions of Leatherman’s retailers and distributors. This means we may (but have no obligation to) copy, use, share and repost your posts and content at any time in any media, including on our owned and operated channels, without any further compensation or consideration to you. You release us and our affiliates entities from any claims or damages from any use of your posts and content as provided in these Terms.

10. CANCELLATION; TERMINATION. Leatherman may suspend or terminate your account if Leatherman believes that you have abused your privileges, acted inconsistently with these Terms or the law, or acted in a manner harmful to Leatherman. Termination by Leatherman of your Member account will result in cancellation and forfeiture of all Insider Points, Membership Tiers, and associated Member benefits, and Leatherman has no obligation to refund or credit you any amount following such termination by Leatherman. In some cases you may still receive messages (which may have been scheduled prior to the account termination) after termination of enrollment in the Program. To the fullest extent permitted by applicable law, Leatherman shall be the sole arbiter in cases of suspected abuse, fraud or violation of these Terms, and any decision it makes relating to termination or disabling of a Member account for the Program shall be final and binding.

You may opt-out of the Program at any time, for any reason by cancelling your Member account. If you cancel your account, any Insider Points and Program benefits, and/or progress towards the foregoing or any Membership Tier will automatically be cancelled and forfeited and Program benefits will no longer be available. Upon cancellation, your Member account shall immediately cease and you may no longer receive communications or receive Program benefits. Leatherman has no obligation to refund you for any Insider Points or Program benefits following cancellation.

Leatherman reserves the right to modify, suspend, or terminate, at Leatherman's sole and absolute discretion, the Program in its entirety, for any reason. If Leatherman elects to terminate the Program, Leatherman will provide a notice of the termination by general posting to the Website or through other methods deemed appropriate by Leatherman as permitted under law. In the event of termination, at Leatherman’s election, Leatherman may allow you to continue to use any Program benefits obtained for your Membership Tier for the remainder of the Program Year in accordance with these Terms until expiration of that Program Year.

11. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE DISCLAIMERS SET FORTH BELOW MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH LAW APPLIES TO YOU.

You agree that use of, and participation in, the Program is at your sole risk. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEATHERMAN OR ITS SUPPLIERS OR VENDORS OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBCONTRACTORS, LICENSORS OR PARTNERS (COLLECTIVELY, "LEATHERMAN PARTIES") BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, WORK STOPPAGE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LITIGATION OR OTHER PECUNIARY LOSS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE PROGRAM, OR WITH INABILITY TO PROVIDE OR USE ANY BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COLLECTIVE LIABILITY OF LEATHERMAN AND/OR THE LEATHERMAN PARTIES UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.

The Program and all services and benefits offered therein are provided on a strictly "as is" and "as available" basis. LEATHERMAN MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR BENEFITS OBTAINED THROUGH THE PROGRAM. LEATHERMAN MAKES NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES LEATHERMAN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM.

Your sole and exclusive remedy is to discontinue using and accessing this Program.

12. NOTICES; ELECTRONIC COMMUNICATIONS. Leatherman will give notices for the Program, at Leatherman's discretion, except as required by applicable law, by email, regular mail, general posting on the Website, and/or through other methods deemed appropriate by Leatherman as permitted under applicable law. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you email and other communications related to the Program and your Program account in accordance with the present Terms and with our Privacy Policy.

13. DISPUTE RESOLUTION; GOVERNING LAW.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LEATHERMAN (OR ITS SUPPLIERS OR VENDORS), WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN FINAL, BINDING, INDVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. YOU AND LEATHERMAN AGREE THAT LEATHERMAN AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT ("FAA") AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERN THE ENFORCEABILITY OF THIS DISPUTE RESOLUTION PROVISION. YOU AND LEATHERMAN ALSO AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CONSOLIDATED ACTIONS, AND MASS ACTIONS, WHETHER IN COURT OR ARBITRATION, ARE NOT PERMITTED, AND YOU AND LEATHERMAN AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR MASS ACTION.

For any and all disputes or claims you or Leatherman have, the party pursuing the dispute or claim must first give the other party an opportunity to resolve the dispute or claim by sending an individual, written description of the claim that describes in detail the individual damages that the party claims to have suffered (the “Demand for Arbitration”). You must send your Demand for Arbitration to Leatherman’s registered agent at this address:

If sent via UPS, FedEx or other delivery service, to: 12106 NE Ainsworth Circle, Portland OR 97220

If sent via United States Postal Service, to: PO Box 20595, Portland OR 97294

You and Leatherman each agree to negotiate your claim in good faith. Each party agrees that it may not commence any arbitration or court proceeding unless you and Leatherman are unable to resolve the claim within 60 days after receipt of the demand for arbitration and the parties have made a good faith effort to resolve their claims directly during that time. If you or Leatherman are unable to resolve the claim within 60 days despite those good faith efforts, then either you or Leatherman may start an arbitration or small claims court proceeding. You and Leatherman agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or Leatherman may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.

Arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”). The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com/. If NAM fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter. In the case of in person proceedings, the proceedings should be conducted at a location that is reasonably convenient to you with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by the arbitrator. Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer.” Notwithstanding the foregoing, if the arbitrator decides that any claim asserted in the arbitration demand is frivolous, the arbitrator may award the defending party any attorney’s fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.

If a court or arbitrator finds in any action between you and us that any part of this Dispute Resolution provision is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or Leatherman may assert in that or any other action. If any provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. These Terms, all transactions related to Leatherman, and all related matters are governed by the Federal Arbitration Act, applicable federal law, the laws of Oregon, without regard to any conflict of laws rules.

14. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Leatherman and its affiliates, and their respective directors, officers, employees, representatives, agents, and assigns from, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses, and damages incurred or suffered by Leatherman (collectively, “Damages”) arising out of or based on any claim or threatened claim based on (a) your acts or omissions in participation in the Program, (b) your violation or breach of any of the Terms, or (c) your violation of any intellectual property rights of Leatherman or any third party.

15. CONTACT US. If you have any questions or comments about the Program or these Terms, please contact us by email at info@leatherman.com or call us at (503) 253-7826 (toll-free: (800) 847-8665).

You also may write to us at:

Leatherman Tool Group, Inc.

P.O. Box 20595

Portland, OR 97294

For Members that reside in the state of California, the following terms apply: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 1-916-445-1254 or 1-800-952-5210.