Terms & Conditions

TERMS AND CONDITIONS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

TheFirepack.com LLC (the “Company”) owns and operates the www.thefirepack.com website, including any subdomains thereof (the “Website”). BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THE WEBSITE. The Company may revise and update these Terms and Conditions of Use at any time. Please continue to review these Terms and Conditions of Use periodically. Your continued usage of the Website will mean you accept any revisions to the Terms and Conditions of Use.

 

Use of Content; Trademarks.

 

The Website contains copyrighted material, including, without limitation, text, software, photos, graphics, illustrations, images, and logos (the “Content”). You may download Content only for your personal use for non-commercial purposes, and may not modify or further reproduce the Content. The Website and the Content are protected by copyright, patent, trademark, and other intellectual property laws. The Company and third party content providers also own (or have the right to use) intellectual property rights in the content original to them. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws. Content and features, including without limitation product pricing and availability, are subject to change or termination without notice in the sole discretion of the Company. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to the Company and its licensors. Your use of the Web Site does not grant to you ownership of any Content you may access on or through the Web Site.

 

b. The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Web Site or on Content available through the Web Site are registered and unregistered Trademarks of the Company and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, including uses that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Company that appear on the Web Site or on or through the Web Site's products or services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of the Company or the third party that may own the applicable Trademark. Any use of the Trademarks not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate trademark and other laws. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site's services is strictly prohibited. Your use of the Web Site does not grant to you ownership of any Trademarks you may access on or through the Web Site.

 

c. If you violate any of these Terms and Conditions of Use, your permission to use the Content and Trademarks automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Trademarks, and we may, in our sole discretion and without prior notice to you, terminate your access to the Website and block your future access to the Website. You agree that the Company will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms and Conditions of Use.

Use of the Website.

 

In your use of the Website, you agree to act responsibly in a manner demonstrating the exercise of good judgment and these Terms and Conditions of Use. For example and without limitation, you agree not to (i) use the Website for any purpose in violation of local, state, national, or international laws, (ii) insert your own or a third party’s advertising, branding, or other promotional content into any of the Content or use, redistribute, republish, copy, or exploit the Content in any way or for any further commercial or promotional purposes, (iii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights, (iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the products or services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the products or services offered on or through the Website, (v) interfere with, interrupt, damage, disable, overburden, or impair the Website, the Content, or the products or services made available on or through the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology, (vi) attempt to gain unauthorized access to any portion of the Website or other computer systems through the Website, (vii) misrepresent your relationship with, or impersonate, any other person or entity, (viii) link from any other web site to this Website or link this Website to any other website, or (ix) assist any third party in doing any of the foregoing.

 

You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

 

With respect to your use of the Website, you acknowledge and agree we may monitor and retain all communications by you and that we may disclose information we have about you to comply with applicable laws and regulations, or should we investigate your use or any complaint about your use, including without limitation any legal action related to such use. You also agree that any violation by you of these Terms and Conditions of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity. Further, if we do take any legal action against you as a result of your violation of these Terms and Conditions of Use, you agree the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.

 

The Company Accounts.

 

In order to access some features of the Website, including place orders or make a customer service or support request, you may have to register for one or more Company accounts. When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to (i) control the dissemination and use of passwords; (ii) authorize, monitor, and control access to and use of your Company account and password; (iii) promptly inform the Company of any need to deactivate a password. You grant the Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Company tools and services. You must notify the Company immediately of any breach of security or unauthorized use of your account.

 

Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

 

Liability.

 

THE USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK.

WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE COMPANY AND ITS SUPPLIERS. ACCORDINGLY, THE COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE WEBSITE.

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. The Company, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS AGENTS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. ONE THOUSAND DOLLARS ($1,000.00). THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF USE.

User Submissions. By submitting to the Company via e-mail or the Website any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to, or product information or material relating to the Company’s business, products, or services (collectively, “Ideas”), you: (a) agree such submission is non-confidential for all purposes and the Company has no obligation of any kind with respect to such submission, (b) grant the Company an unrestricted, irrevocable license to use the Ideas for any purpose whatsoever, including to reproduce, display, perform, modify, transmit, create derivative works of, and distribute the Ideas, and (c) represent and warrant that you own or otherwise control all of the rights to the Ideas and that the Company is free to use the Ideas that you send us for any purpose. For the avoidance of doubt, “Ideas” does not include any data, information, drawings, files, etc. that you submit to the Company for the purposes of receiving customer support. The Company may sublicense its rights through multiple tiers of sublicenses.

Notwithstanding anything herein to the contrary, the personal information you submit to the Company, including your email address, is protected as required by the privacy laws and regulations of the United States. By visiting and using our Website residents and citizens of countries and jurisdictions outside the United States understand and consent to the transfer, processing and sharing of information about yourself to a company in the United States. You understand that the privacy laws of the United States may not be as comprehensive as those in your country or jurisdiction, and you agree and consent to the transfer of your personal information to us. We may store and process your personal information in the United States or abroad. We and our third-party providers use generally accepted industry security measures to protect against the loss, misuse, and alteration of the information under our control. No commercial method of information transfer over the Internet or electronic data storage is one hundred percent secure. We do not warrant or guarantee that your data will not be lost, accessed without authorization, disclosed, altered or destroyed. Please note that emails and other communications you send to us through our Web site are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Transmitting your personal information to us is at your own risk.

Rights Reserved. The Company reserves the right to refuse service, terminate your account or your access to the Website or any of the Website’s services or features, and/or cancel orders in its sole discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of the Company.

Links to Other Websites. THE COMPANY MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIALS OF LINKED THIRD-PARTY WEBSITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT, RELIABILITY, OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. THE COMPANY SHALL HAVE NO LIABLITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.

Product Orders. The Company is constantly improving its information, products, and services. Consequently, the Company cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability, and services, on the Website. Prices are subject to change at any time prior to filling your order. Additional terms and conditions may apply to purchases of products, which are made part of these Terms and Conditions of Use, and to which you agree to comply.

TheFirePack Product. The Company produces and offers for sale on the Website a camping tool (“TheFirePack”) that is used for fire starting in outdoor settings. TheFirePack includes a waterproof match container (without matches), flint and steel, and a magnifying glass in a compact case, and is sold “as is”, without any guarantees or warranties. The user must follow all instructions and warnings included with the product for its use, and the user assumes the risk of such use. TheFirePack should not be used by children under 12 years of age, and should be used only with adult supervision. TheFirePack should not be used to light cigarettes, cigars or pipes, and should be ignited away from the face and clothing, since the spark and heat generated by components of TheFirePack can cause damage to skin and clothing. TheFirePack should be used only with non-volatile materials when starting a fire, and should not be used with volatiles, such as liquid firestarters, aerosals, alcohol-based gels, fire starting gels, or explosive materials. TheFirePack is for outdoor use only, in suitable and contained fire pits to avoid the possibility of fire spread, such as a forest fire. All fires should be extinguished after use. TheFirePack may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use. TheFirePack is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained in this Website and included with the product. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE COMPANY’S PRODUCTS. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth herein, 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 these Terms and Conditions of Use shall remain in full force and effect.

Online Payments.

To the extent you utilize the Company’s online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of the Company’s online payment services, including the risk of breach in the security of the communications or transactions you conduct with the Company online. THE COMPANY’S ONLINE PAYMENT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

You are solely responsible for maintaining the confidentiality of your password, if any, and agree that the Company will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, contact us immediately. If you use a third party vendor (or distributor) to pay your Company payment and you disclose to such vendor your username, password, and/or account number, the Company will not be responsible for the accuracy and timeliness of processing your payment.

 

For purposes of identification, payments, and marketing, you agree to provide the Company with current, accurate, complete, and updated information required for registration and/or online payment, including legal name, address, telephone number(s), and applicable payment data (e.g., credit card or bank account number). You agree to notify the Company immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with these terms and conditions. Please review our Privacy Policy.

 

By accepting these terms and conditions, you acknowledge that the Company may initiate an ACH debit or credit card debit to the payment account(s) that you have provided.

 

If you order any products from Company through the Website, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. The products that you purchase from Company through the Website may be subject to additional terms and conditions presented to you at the time of such purchase.

 

Indemnity. You agree to defend, indemnify, and hold the Company, its officers, managers, members, employees, agents, licensors, advisors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from: (a) your use of and access to the Website; or (b) your violation of any term of these Terms and Conditions of Use. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.

 

General.

 

The Company’s principal offices are in Morrisville, North Carolina in the United States of America. The Company makes no claims that the Website and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and our products and services may not meet the regulatory requirements in these countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We reserve the right to limit provision of our products or services to any person, geographic region or jurisdiction. Any offer for any of our products or services on this Website are void where prohibited.

The following provisions survive the expiration or termination of these Terms and Conditions of Use for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction.

 

You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Website, resides in the courts of Wake County, North Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions of Use are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement. These Terms and Conditions of Use and the Company’s Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Website and Content.

Thank you for your cooperation. Questions or comments regarding the Website should be submitted to [E-MAIL ADDRESS].