GERBER OUTDOOR LLC

TERMS OF USE – Gerber Gear

Effective Date: June 16, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF OUR SITE. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1.      AGREEMENT

Welcome. These Terms of Use ("Terms") govern your access to and use of any online service location (website or mobile application) operated by Gerber Outdoor, LLC ("Gerber," "we," "us," or "our") that posts a link to these Terms (“Site”).

By accessing or using the Site, you agree to be bound by these Terms and all documents, policies, and guidelines incorporated herein (the "Agreement"). If you do not agree, you must discontinue use of the Site immediately.

These Terms govern your access to and use of the Site only. Purchases made through the Site are subject to our separate Terms of Sale, which are incorporated herein by reference. To the extent of any conflict between these Terms and the Terms of Sale regarding a purchase transaction, the Terms of Sale control.

Each time you access the Site, you acknowledge that: (i) you have read, understand, and agree to be bound by these Terms as they may be amended from time to time; and (ii) the disclaimer, limitation of liability, and indemnity provisions herein represent an agreed allocation of risk that forms an essential basis for our agreement to permit your use of the Site.

Gerber reserves the right to change these Terms at any time and in its sole discretion. Updated Terms will be posted to the Site with a revised effective date. Your continued access to or use of the Site following any update constitutes your acceptance of the revised Terms.

By accessing or using the Site, you represent that you are of legal age to enter into a binding agreement, or, if you are a minor, that you have obtained the consent of a parent or legal guardian who agrees to these Terms on your behalf.

2.      AVAILABILITY TO U.S. RESIDENTS

The Site are intended for use by persons residing in the United States and for delivery of products within the United States. Gerber makes no representation that the Site are appropriate or available outside the United States. If you reside outside the United States or seek delivery to a non-U.S. address, please visit our regional brand websites. Product selection, pricing, and availability may vary by region.

We reserve the right to limit availability of the Site or any content, product, service, or feature to any person, entity, or geographic area at any time and in our sole discretion. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods arising from your use of the Site.

3.      RELATED POLICIES

Our State Privacy Notice explains how we collect, use, disclose, and protect information about visitors and customers. By using the Site, you acknowledge and accept our State Privacy Notice and consent to the collection and use of your data as described therein. Our State Privacy Notice is incorporated into this Agreement by reference. Please note that the information you submit to the Site will be transmitted to and shared with authorized third parties that may be located in other countries than where you reside, in order to provide the services.

Gerber is committed to making the Site accessible to users with disabilities. For information about our accessibility practices or to request assistance, please visit our Accessibility Statement.

4.      LICENSE AND TERMS OF SITE ACCESS

Limited License. Gerber grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Site and the content displayed on them. This license does not include: (a) resale or commercial use of the Site or their content; (b) collecting or using product listings, descriptions, or pricing for any commercial purpose; (c) creating derivative works based on the Site or their content; or (d) use of any data mining tools, scrapers, robots, spiders, or similar data gathering methods.

Reservation of Rights. All rights not expressly granted to you are reserved by Gerber and its affiliates, licensors, and other third parties. No right or license is conferred by implication, estoppel, industry custom, or otherwise. The limited license does not convey any ownership of or intellectual property interest in any content. Gerber may suspend or terminate this license at any time, in its sole discretion, without advance notice or liability.

5.      USER CONDUCT AND WARRANTIES

By using the Site, you represent and warrant that you will use the Site in compliance with these Terms and all applicable laws. You agree not to:

(a) submit or disseminate any harmful material, including viruses, Trojan horses, worms, ransomware, or other code designed to damage or interfere with any system, data, or personal information;

(b) impersonate any person or entity or misrepresent your affiliation with any person or entity;

(c) misrepresent your address or country of residence;

(d) transmit spam or other unsolicited communications;

(e) engage in any conduct that restricts or inhibits any other user's access to or use of the Site;

(f) use the Site for any unlawful purpose; or

(g) collect or store personal data about other users without their authorization.

Gerber may suspend or terminate your access to the Site at any time, without notice or liability, for any violation of these Terms or for any other reason at its sole discretion.

6.      CHATBOT AND AI-ASSISTED FEATURES

Gerber uses an automated chatbot to assist with product and purchasing questions.

The chatbot provides automated responses and recommendations in real time. It operates within defined parameters and can escalate to a human agent when needed. You may also ask to be connected with customer service.

The chatbot does not make decisions that have legal or similarly significant effects. Conversations are processed by Klaviyo, Inc. to generate responses. Customer data is not used to train large language models.

Chatbot conversations are recorded and may be stored in your customer profile. If the chatbot conversation can be linked to you, the information you share is treated as personal information under this policy and subject to the same rights described in the State Privacy Notice.

Do not share payment card numbers, passwords, or other sensitive personal information in the chatbot.

Chatbot responses are automated and may not always be accurate or complete. For order-specific or account-specific questions, please contact our customer service team directly.

7.      WEBSTORE ACCOUNT

By using the Site, you agree that a webstore account is created for you when you

1. register an account
2. place an order on the webstore
3. join the loyalty program (if applicable)
4. subscribe to a newsletter
5. register a product under breakage warranty program (if applicable)

Your account is linked to the email address you use when you register the account, place an order, join the loyalty program, subscribe to a newsletter or register a product under a breakage warranty.

Here you can find instructions on how to access your account and how to delete your account.

8.      ACCOUNT SECURITY

If any part of the Site requires a username or one-time passcode, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify Gerber immediately if you believe your account credentials have been compromised. Gerber may take any action it deems necessary to protect account security, including terminating your account or requiring additional verification. Gerber is not liable for any losses arising from unauthorized access to your account or use of your credentials.

9.      COPYRIGHT

All content on the Site, including logos, designs, text, graphics, photographs, sound files, page layouts, and the selection and arrangement thereof ("Materials"), is protected by copyright. All Rights Reserved, Gerber Outdoor LLC.

Except as expressly stated herein, no Materials may be copied, reproduced, distributed, republished, displayed, or transmitted in any form without the prior written permission of Gerber or the applicable copyright owner. Gerber grants you permission to display, copy, and download Materials for personal, non-commercial, informational use only, provided that you do not: (a) copy, publish, or post any Materials on any computer network or broadcast medium; (b) modify the Materials; or (c) remove or alter any copyright or proprietary notices.

10. TRADEMARKS AND SERVICE MARKS

All marks and logos featured on the Site including, without limitation, "Gerber" and associated designs and logos, are trademarks, service marks, or registered trademarks of Gerber Outdoor LLC, used under license by Gerber. These marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gerber Outdoor LLC or its affiliates.

All other marks, product names, and logos appearing on the Site are the property of their respective owners, who may or may not be affiliated with Gerber.

11. LINKING

Limited Right to Link: Gerber grants you a limited, non-exclusive, revocable right to create a hyperlink to the home page of the Site, provided your link does not portray Gerber or its products and services in a false, misleading, derogatory, or defamatory manner. You may not use any Gerber logo, trademark, or proprietary graphic to link to the Site without prior written permission. Gerber may revoke this right at any time without notice or liability.

Third-Party Links: The Site may contain links to third-party websites as a convenience. Gerber does not endorse, control, or assume responsibility for any third-party website or its content. These Terms and our Privacy Policy do not govern your use of any third-party site. You should review the applicable terms and privacy practices of any third-party site you access.

12. SUBMISSIONS AND USER-GENERATED CONTENT

Any materials you submit to Gerber through the Site (including questions, comments, suggestions, ideas, or other content) are non-confidential, except to the extent they constitute personal information covered by our Privacy Policy. By submitting materials, you grant Gerber a non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, modify, publish, distribute, and display such materials throughout the world in any media, without acknowledgment or compensation. You represent and warrant that you own or control all rights in the materials you submit, that the materials are accurate, and that use of the materials will not violate this Agreement or cause harm to any person or entity.

Gerber does not seek unsolicited product ideas or suggestions. Any unsolicited submissions are treated as user-submitted materials and licensed to Gerber as set forth above. Gerber's receipt of any unsolicited submission is not an admission of its novelty, priority, or originality.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Gerber respects intellectual property rights and responds to clear notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act. Gerber may, at its discretion, remove potentially infringing content and may terminate the accounts of repeat infringers.

To submit a DMCA notice of alleged infringement, please provide the following in writing:

(a) Identification of the copyrighted work claimed to have been infringed;

(b) Identification of the allegedly infringing material and its location on the Site, including the specific URL;

(c) Your full name, address, telephone number, and email address;

(d) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;

(e) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and

(f) Your physical or electronic signature.

Send DMCA notices to:

By Mail: Gerber Outdoor, LLC, Attn: Legal Department, 7800 Discovery Drive, Middleton, WI 53562

By Email: legal@fiskars.com

Gerber may elect not to respond to notices that do not substantially comply with the above requirements.

14. DISCLAIMERS

"As Is" and "As Available." The Site and all Materials are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, as to the operation of the Site or the information, content, materials, products, or services included on them. Your use of the Site is at your sole risk.

Warranty Disclaimer. EXCEPT FOR SUCH EXPRESS WRITTEN, PRODUCT-SPECIFIC WARRANTIES AS MAY BE PROVIDED TO A PURCHASER, GERBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GERBER DOES NOT REPRESENT OR WARRANT THAT THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SITE OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GERBER CANNOT AND DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS.

Gerber reserves the right to change any content on the Site at any time without notice. References to non-Gerber products, services, or information are for informational purposes only and do not constitute endorsement or recommendation by Gerber.

Your Responsibility. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on or through the Site.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL GERBER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THE SITE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, OR SERVICES AVAILABLE THROUGH THE SITE, EVEN IF GERBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or exclusions of certain damages. If those laws apply, some or all of the above exclusions may not apply to you, and you may have additional rights. In such states, Gerber's liability is limited to the greatest extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GERBER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS CAP DOES NOT APPLY TO ANY EXPRESS, WRITTEN PRODUCT WARRANTY PROVIDED BY GERBER OR A MANUFACTURER FOR A PHYSICAL PRODUCT.

16. INDEMNITY

You agree to indemnify, defend, and hold harmless Gerber and its affiliates and their respective shareholders, directors, members, managers, officers, employees, and agents from and against any and all liability, claims, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of this Agreement; or (c) your violation of any rights of a third party.

17. THIRD-PARTY RIGHTS

The provisions of Sections 12 (Disclaimers), 13 (Limitation of Liability), and 14 (Indemnity) are for the benefit of Gerber and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each such person or entity has the right to assert and enforce those provisions directly against you.

18. DISPUTE RESOLUTION BY BINDING ARBITRATION

Certain portions of this Section are deemed a "written agreement to arbitrate" under the Federal Arbitration Act ("FAA"). This Section can only be amended by mutual written agreement.

A. Informal Resolution. If any dispute, claim, or controversy arises between you and Gerber out of or relating to the Site, this Agreement, or any products or services ordered through the Site (collectively, a "Dispute"), the parties agree to first provide the other with a written notice describing the Dispute and a proposed resolution. Your notice must be sent to: Gerber Outdoor, LLC, Attn: Legal Department, 7800 Discovery Drive, Middleton, WI 53562. Our notice will be sent to the most recent contact information you have provided us. For sixty (60) days after receipt of notice, the parties will engage in good-faith dialogue to attempt to resolve the Dispute.

B. Binding Arbitration. THE FOLLOWING DISPUTES SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ("ARBITRATION DISPUTES"): ANY AND ALL DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO DATA COLLECTION, DATA PRIVACY, DATA SECURITY, DATA BREACH, TEXT MESSAGING, OR THE COLLECTION, USE, OR DISCLOSURE OF INDIVIDUAL OR AGGREGATE CONSUMER INFORMATION OR DATA, WHETHER PERSONALLY IDENTIFIABLE OR OTHERWISE. Arbitration will be administered by the American Arbitration Association ("AAA") under its current Consumer Arbitration Rules. The FAA governs the arbitrability of all Arbitration Disputes. BY AGREEING TO ARBITRATE, EACH PARTY WAIVES THE RIGHT TO GO TO COURT AND TO HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. AAA information: 800-778-7879 or www.adr.org.

C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED.

D. Injunctive Relief. This Section does not limit Gerber's right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

E. No Class Actions. WITH RESPECT TO ALL ARBITRATION DISPUTES, YOU AND GERBER AGREE TO BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. If a court of competent jurisdiction finds this class action unenforceable or unconscionable, the agreement to arbitrate in Section B will not apply, and the Dispute must be brought exclusively in court as provided in Section G below.

F. Small Claims. Either party may bring qualifying claims in small claims court of competent jurisdiction.

G. Governing Law and Venue. Except where arbitration is required under Section B, or for small claims matters, any action or proceeding relating to the Site or these Terms may only be brought in state or federal courts in Monmouth County, New Jersey. You and Gerber consent to the exclusive personal jurisdiction and venue of those courts and waive any objections to jurisdiction, venue, or inconvenient forum.

19. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is deemed severable and shall not affect the validity and enforceability of any remaining provision.

20. TERMINATION

Either party may terminate this Agreement at any time without notice. Upon termination, you may no longer access or use the Site. The following Sections survive termination: Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Dispute Resolution by Binding Arbitration; Governing Law and Venue; Severability; Termination; Waiver of Injunctive Relief; Enforceability and Admissibility; and Waiver, Modification, and Assignment.

21. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY LOSS, DAMAGES, OR INJURIES YOU CLAIM IN CONNECTION WITH YOUR USE OF THE SITE WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF THAT WOULD INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY GERBER OR ITS LICENSORS.

22. ENFORCEABILITY AND ADMISSIBILITY

This electronic document and all other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed a "writing" or "in writing" for all purposes and in compliance with all applicable legal requirements for a writing; (2) legally enforceable as a signed writing against the parties; and (3) deemed an "original" when printed from electronic records maintained in the ordinary course of business. Electronic documents introduced as evidence in any legal, arbitration, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as written business records similarly established and maintained.

23. WAIVER, MODIFICATION, AND ASSIGNMENT

Gerber's failure to enforce any provision of this Agreement is not a waiver of that provision or any right. Neither the course of conduct between the parties nor trade practice modifies any provision of this Agreement. Gerber may assign its rights and duties under this Agreement to any party at any time without notice to you.

24. NOTICES, QUESTIONS, AND CUSTOMER SERVICE

We may provide notices of new, revised, or changed terms by prominently posting notice on the Site or in another reasonable manner. We may also contact you by mail or email at the address you have provided. Please promptly notify us if your contact information changes.

All legal notices to Gerber must be sent to: Gerber Outdoor, LLC, Attn: Legal Department, 7800 Discovery Drive, Middleton, WI 53562, or by email to legal@fiskars.com.

For customer service inquiries, please contact us through our Contact Us Page. We have no obligation to provide customer support of any kind.

When you communicate with us electronically, you consent to receive electronic communications from us in return.

25. CONNECTIVITY

You are responsible for obtaining and maintaining all devices, equipment, software, and internet services needed to access and use the Site and for all related charges.

26. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

Gerber reserves the right to: (i) investigate any suspected breach of the Site’s security, information technology systems, or this Agreement; (ii) cooperate with law enforcement in connection with any such investigation; (iii) prosecute violators of this Agreement; and (iv) suspend or terminate your access to the Site, in whole or in part, at any time without notice. Any suspension or termination does not affect your ongoing obligations under this Agreement.

27. CALIFORNIA CONSUMER RIGHTS AND NOTICES

A. Civil Code Section 1789.3 Notice. Pursuant to Cal. Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice:

• Gerber's registered agent for service of process in California is: c/o Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 98533
• Correspondence address: 1330 Campus Parkway, Wall, NJ 07753.
• Fees and charges vary depending on the products and services selected.
• If you have a complaint or want more information about our products or services, please contact us through our Contact Us Page. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; telephone (800) 952-5210; or at www.dca.ca.gov.
  

B. California Consumer Privacy Act and California Privacy Rights Act (CCPA/CPRA). If you are a California resident, you have the following rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, subject to certain exceptions under applicable law:

• Right to Know. You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you, the categories of sources from which the information was collected, the business or commercial purpose for collecting or sharing it, and the categories of third parties with whom we share it.
• Right to Delete. You have the right to request deletion of personal information we have collected about you, subject to certain exceptions.
• Right to Correct. You have the right to request correction of inaccurate personal information we maintain about you.
• Right to Opt-Out of Sale or Sharing. You have the right to opt out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes. To opt out, please submit the opt out form.
• Right to Limit Use of Sensitive Personal Information. You have the right to direct us to limit our use and disclosure of sensitive personal information to certain permitted purposes.
• Right to Non-Discrimination. We will not discriminate against you for exercising any of your rights under CCPA/CPRA.

To submit a verifiable consumer request to exercise any of the above rights, please contact us through our Contact Us Page or by emailing weborders@gerbergear.com. We will respond within 45 days of receipt of a verifiable request, which may be extended by an additional 45 days where reasonably necessary with prior notice to you. You may designate an authorized agent to submit requests on your behalf. For more information about our privacy practices and your CCPA/CPRA rights, please refer to our CCPA Privacy Policy.

C. Shine the Light (Cal. Civil Code Section 1798.83). California residents may request, once per calendar year and at no charge, information about whether we have disclosed personal information to third parties for those parties' direct marketing purposes during the preceding calendar year and, if so, a description of the categories of information shared and a list of those third parties. To make this request, please contact us at weborders@gerbergear.com.