Welcome to Rapidfiresurvival.com. Rapid Fire Survival provides website features to you subject to the following conditions. If you visit or shop at Rapidfiresurvival.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Rapid Fire Survival service or business (e.g., Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Rapidfiresurvival.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Rapidfiresurvival.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rapid Fire Survival or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Rapid Fire Survival and protected by U.S. and international copyright laws. All software used on this site is the property of Rapid Fire Survival or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
In addition, Rapidfiresurvival.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Rapid Fire Survival in the U.S. and/or other countries. Rapid Fire Survival's trademarks and trade dress may not be used in connection with any product or service that is not Rapid Fire Survival's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rapid Fire Survival. All other trademarks not owned by Rapid Fire Survival that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rapid Fire Survival.
LICENSE AND SITE ACCESS
Rapid Fire Survival grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rapid Fire Survival. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rapid Fire Survival. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rapid Fire Survival without express written consent. You may not use any meta tags or any other "hidden text" utilizing Rapid Fire Survival's name or trademarks without the express written consent of Rapid Fire Survival. Any unauthorized use terminates the permission or license granted by Rapid Fire Survival. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Rapidfiresurvival.com so long as the link does not portray Rapid Fire Survival, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rapid Fire Survival logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Rapid Fire Survival does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Rapidfiresurvival.com only with involvement of a parent or guardian. Rapid Fire Survival reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rapid Fire Survival reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Rapid Fire Survival a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rapid Fire Survival and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rapid Fire Survival for all claims resulting from content you supply. Rapid Fire Survival has the right but not the obligation to monitor and edit or remove any activity or content. Rapid Fire Survival takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Rapid Fire Survival are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Rapid Fire Survival does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Rapid Fire Survival does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping and Returns Policy.
PRODUCT DESCRIPTIONS
Rapid Fire Survival attempts to be as accurate as possible. However, Rapid Fire Survival does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Rapid Fire Survival itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the minimum advertised price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Despite our best efforts, items in our catalog may be mispriced at some time. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Rapid Fire Survival. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Rapid Fire Survival provide services, or sell product lines on this site. For example, Celtic Ozarkian.com, and Celtic Ozark Solutions.com are provided links through our web store. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Rapid Fire Survival does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL RAPID FIRE SURVIVAL OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF RAPID FIRE SURVIVAL OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN VISITORS. IN NO EVENT SHALL RAPID FIRE SURVIVAL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE WEB SITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE. IN NO EVENT SHALL THE TOTAL LIABILITY OF RAPID FIRE SURVIVAL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOUR USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF WEB SITE USE FEES, IF ANY, PAID BY YOU TO RAPID FIRE SURVIVAL TO USE THE WEB SITE.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY RAPID FIRE SURVIVAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RAPID FIRE SURVIVAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAPID FIRE SURVIVAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAPID FIRE SURVIVAL DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM RAPID FIRE SURVIVAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAPID FIRE SURVIVAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your visit to Rapidfiresurvival.com or to products or services sold or distributed by Rapid Fire Survival or through Rapidfiresurvival.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Tim Hite, PO Box 1184, Ozark, MO 65721-1184. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By visiting Rapidfiresurvival.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rapid Fire Survival.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Rapidfiresurvival.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Rapidfiresurvival.com, Inc. P.O. Box 1184 Ozark, MO 65721-1184 http://www.Rapidfiresurvival.comNotice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rapidfiresurvival.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Rapid Fire Survival that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
