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Terms of Use for the Shop.Samsonite.com Web Site

  1. Welcome. We are delighted to welcome you to Shop.Samsonite.com the web site (the "Site") of Samsonite Company Stores ("Samsonite Company Stores"). Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the "Agreement"). By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not use this Site. From time to time, when you use particular Samsonite Company Stores services or buy Samsonite or American Tourister products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products which may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Samsonite Company Stores by posting such change at the Site. Use by you after a change to these terms and conditions has been so posted by Samsonite Company Stores shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site. This Agreement was last revised in October 2013.
  2. Use Limitations. Samsonite Company Stores prepared this Site for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted.
  3. Territory. This Site is for the use of individuals located in the United States (the "Territory"). We are sorry, but orders or requests for information or services from outside this Territory will not be filled. If you are accessing this Site from outside the Territory, and are interested in Samsonite or American Tourister products or for more information about Samsonite Company Stores, please check Shop.Samsonite.com for a Samsonite Company Store applicable to your location. If you cannot locate the correct site, retailer or distributor, please call us at 1-800-765-2247.
  4. Notices. Samsonite Company Stores owns the compilation copyright to this Site. © Shop.Samsonite.com. 2000 All rights reserved. Samsonite® is a registered trademark of Samsonite,LLC.
  5. Liability Disclaimer. The information and other material published on this Site may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Samsonite Company Stores reserves the right to change the Site at any time, in its discretion. Samsonite Company Stores does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Samsonite Company Stores and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
  6. Limited Warranties for Samsonite and American Tourister products purchased through the on-line ordering features are set out in the Customer Service section on this Site.
  7. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, SAMSONITE COMPANY STORES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL SAMSONITE FACTORY OUTLET BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR THROUGH HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF SAMSONITE FACTORY OUTLET AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM SAMSONITE COMPANY STORES' NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SAMSONITE FACTORY OUTLETS LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SAMSONITE FACTORY OUTLET DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. SAMSONITE FACTORY OUTLET RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SAMSONITE FACTORY OUTLET DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF ANY, POSTED TO THE SITE BY USERS, AND SAMSONITE FACTORY OUTLET IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS. HOWEVER, SAMSONITE FACTORY OUTLET RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN SAMSONITE FACTORY OUTLET'S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT.

    ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
  8. No unlawful or prohibited use. Please note that we require of you, as a condition of your use of this Site, that you will not use this Site or post any information or material on this Site, for any purpose or in any manner that is unlawful, violates any third party's rights, or is prohibited by these terms, conditions and notices. You understand that Samsonite Company Stores may suspend or terminate your access to its site in its discretion if you violate this provision or any other provision of these Terms of Use and may also delete all or any portion of any material you post.
  9. Links to third party sites. This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Samsonite Company Stores is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. Samsonite Stores reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site's home page. No use of Samsonite Company Stores' trademark may be made in connection with such link without Samsonite Company Stores' approval and Samsonite Company Stores reserves the right to bar such link at any time.
  10. This Site is not for children under thirteen years of age.
  11. On-line ordering of services and goods. Samsonite Company Stores may from time to time offer you the opportunity to purchase certain services and products through the Site. Such purchases are subject to certain terms and conditions, which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these Terms of Use. Samsonite Company Stores will not ship products or provide services to those located outside of the Territory, in jurisdictions that do not permit the application of these Terms of Use or to locations in which the shipment or provision of such products or services would be prohibited.
  12. Monitoring. In order to better serve you, Samsonite Company Stores may monitor your use of this Site, subject to the terms of Samsonite Company Stores' privacy policy, referenced below. In the event Samsonite Company Stores becomes aware of any material on the Site, whether provided by you or otherwise, that is potentially infringing, defamatory, a violation of law or a person or entity's rights, or otherwise problematic in Samsonite Company Stores' discretion, Samsonite Company Stores may remove such material without any liability to you whatsoever.
  13. Use of information and suggestions provided by you regarding this Site. In the event you provide to Samsonite Company Stores or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Samsonite Company Stores conducts its business, or the operation of the Site, Samsonite Company Stores reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Samsonite Company Stores a nonexclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Samsonite Company Stores of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by Samsonite Company Stores' Privacy Policy, and discussed below.
  14. Use of your suggestions to Samsonite Company Stores regarding new products, features or processes. Samsonite Company Stores, as a company that is always in the process of developing new products, product features, and processes, has an established invention submission policy. Most of the suggestions and ideas regarding new products, product features and processes Samsonite Company Stores receives from the public duplicate ideas Samsonite Company Stores has already developed or is in the process of developing. To avoid undue disappointment and misunderstandings, Samsonite Company Stores has a strict policy of not accepting suggestions and ideas regarding potential products, product features or processes from persons outside the company for review and consideration unless such persons agree to certain terms. Therefore, do not send any submissions to Samsonite Company Stores unless you agree to the following terms:
    1. (a) A submission will not in any way establish a confidential relationship nor will it place Samsonite Company Stores in the position of receiving a submission in trust; and Samsonite Company Stores shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
    2. (b) Samsonite Company Stores shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
    3. (c) No obligation is assumed by Samsonite Company Stores or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Samsonite Stores and by you, and then Samsonite Company Stores' obligations shall be only as expressed in that written agreement.
  15. Changes in Site. Please be aware, that, like all Internet sites, this Site is a work in progress. Therefore, Samsonite Company Stores may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. Samsonite Company Stores may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
  16. Your representations and warranties. You represent, warrant and covenant that:
    1. (a) you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which
      1. (i) restrict or inhibit any other user from using the Site,
      2. (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
      3. (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
      4. (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
      5. (v) contain a virus or other harmful component,
      6. (vi) contain advertising of any kind,
      7. (vii) are false regarding you, or
      8. (vii) constitute or contain false or misleading indications of origin or statements of fact;
    2. (b) all information you provide about yourself shall be true and accurate;
    3. (c) you are at least 18 years old (or are using this Site with the permission of your parents);
    4. (d) you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; and
    5. (e) when using this Site you will be located within the Territory.
  17. Your password. In the event your activity on the Site requires the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Site secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password.
  18. Your indemnification. You hereby agree to indemnify, and hold Samsonite Company Stores, and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. Samsonite Company Stores shall have the right to defend, settle and compromise any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of Samsonite Company Stores.
  19. Privacy Policy. We consider your privacy to be very important and we want to be sure you are aware of and agree to the way in which we might use personal information about you. You hereby agree to Samsonite Company Stores' Privacy Policy, which is hereby incorporated into this Agreement, in which we detail the ways in which we might utilize personal information coming from you. Please keep in mind when you post any information on the Site, including, without limitation, in the interactive sections, that the information you post, whether about yourself or others, may be viewed by others. Use good sense and prudence in determining the extent of personal information you wish to make available to others.
  20. Bulletin Board Use. Samsonite Company Stores may include a bulletin board, discussion room, chat room or other similar interactive portion of the Site ("Bulletin Board") on which you may be encouraged to post material and information. You understand that your use of the Bulletin Board is subject to these Terms of Use, including, without limitation your warranties, representations and obligations of indemnification set forth herein. Samsonite Company Stores reserves the right but does not assume any obligation to refuse to permit material to be posted, to edit, remove and use any information on the Bulletin Board in its discretion and you waive any claim against Samsonite Company Stores in connection therewith. Any information you post on such Bulletin Board may be viewed by other users and thus we at Samsonite Company Stores strongly recommend that you use prudence and caution in selecting the information and material you post, including, without limitation, material about yourself and others or information that identifies you or others. You agree not to use the personal information of other users of the Site, whether or not posted on the Bulletin Board, other than for the purpose for which such information was provided to you by such user, but in any case for no unlawful or offensive purpose.
  21. Questions, Complaints, Comments or Service Contact.
    1. (a) Technical Questions. If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: webmaster@samsonite.com.
    2. (b) Concerns about possible infringement or inappropriate conduct or content on the Site. If you believe that certain software, information or other content on the Site violates your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us at samsonite@casupport.com or 1-800-262-8282. We do not commit to following up or resolving your concerns, but may do so in our discretion.
    3. (c) If you believe that material on the Site infringes your copyright, please contact Samsonite Company Stores' Copyright Agent below with the following information:
      1. (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. (ii) a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
      3. (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
      4. (iv) your address, telephone number and email address;
      5. (v) 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;
      6. (vi) a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. To contact Samsonite Company Stores' Copyright Agent please email: webmaster@samsonite.com, Tel: 508-851-1493, Fax: 508-851-8701.
  22. Termination.
    1. (a) Termination by Samsonite Company Stores. Samsonite Company Stores may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you.
    2. (b) Your remedy. You may terminate this Agreement at any time by ceasing to use the Site. Your sole remedy against Samsonite Company Stores in the event of dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement.
    3. (c) Your Data. In the event of termination of this Agreement, Samsonite Company Stores may delete and/or store in its discretion, data associated with your use of the Site.
  23. Cautionary Statement. Certain statements contained on these Web pages may constitute "forward-looking statements" within the meaning of the United States Private Securities Litigation Reform Act of 1995. These forward-looking statements involve numerous assumptions, known and unknown risks, uncertainties and other factors that may cause actual future performance or achievements of the Company to be materially different from any future estimated performance or achievements expressed or implied by any such forward-looking statements. These risks, uncertainties and other factors are described in Samsonite Company Stores' filings with the Securities and Exchange Commission. Samsonite Company Stores assumes no duty to update its Web site and users are advised that the information contained herein is subject to change and may not be current.
  24. Assignment. Your rights and obligations under this Agreement and in using the Site are not assignable.
  25. Governing Law. This Agreement is governed by the internal laws of the State of Florida applicable to agreements entered into and wholly to be performed therein without giving affect to its principles of conflicts of laws. You hereby agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, shall be resolved by binding arbitration conducted in Duval County, Florida and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Arbitration shall be conducted under the rules of the American Arbitration Association provided that notwithstanding any rules therein, no claim shall be consolidated with the claim of any other party. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Samsonite Company Stores as a result of this Agreement or your use of the Site.
  26. Legal Process. This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate Samsonite Company Stores' right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Samsonite Company Stores with respect to such use.
  27. Invalidity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
  28. Entire Agreement. This Agreement contains the entire agreement between you and Samsonite Company Stores with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Samsonite Company Stores with respect to this Site.

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    Samsonite , LLC
    575 West Street Suite 110,
    Mansfield, MA 02048