TERMS of USE

Rapid Fire Relief (.com) Terms of Use Statement

Updated: August 2020.

General Accessiblitity
Rapid Fire Relief (.com) strives to ensure that its services are accessible to people with disabilities. Rapid Fire Relief (.com) has worked hard to help ensure that its website is made easy to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.

Disclaimer
Rapid Fire Relief (.com) continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

Despite our efforts to make all pages and content on Rapid Fire Relief (.com) fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

Here For You
If you are experiencing difficulty with any content on Rapid Fire Relief (.com) or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.

Contact Us
If you wish to report an accessibility issue, have any questions or need assistance, please contact Vaughn Excavating as follows:

Email: webmaster@rfrelief.com

General Policies, Terms and Conditions:

Unless otherwise specified, all materials appearing on this site; including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Rapid Fire Relief., Copyright ©, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping in this store or placing an order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Rapid Fire Relief is not responsible for the operation of, or content located on or throughout any such site.
We keep your personal information private and secure. When you make a purchase from Rapid Fire Relief, you provide your name, email address, credit card information, address, phone number and a password. We use this information to process your order(s), to keep you updated on your purchases and to personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology.

To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to this store. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.

Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy for more information. Rapid Fire Relief is not responsible for the actions of third parties.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Rapid Fire Relief shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Rapid Fire Relief shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Rapid Fire Relief will issue a refund to your card in the amount of the incorrect price.

General Policies, Terms and Conditions:

We accept credit cards as a form of payment. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge will be applied to the first product(s) shipped on a multiple shipment order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Rapid Fire Relief reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether this store signs them or not. Rapid Fire Relief reserves the right to make changes to this site and these conditions at any time.
We will ship your product as it becomes available. Usually, products ship by the next business day. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship. Fulfillment mistakes that may be made which result in the shipment of incorrect products to you will also be accepted for return.

Shipping Time -- Most orders will ship the next business day, provided the product ordered is in stock. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.

We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by this site or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

This online store is powered by WooCommerce and Stripe shopping cart software. The WooCommerce and Stripe ecommerce solution provides the means to power this Rapid Fire Relief but is in no way responsible for the activities/content found within. All content found on this site; including products, web copy, promotions etc., is the sole property of Rapid Fire Relief and has no direct ties to WooCommerce and Stripe as a company. If you have any questions about what appears inside this store, please contact us directly from our contact us page.
Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state/province where Rapid Fire Relief holds a presence. For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.

Terms of Use GDPR Compliance

1.1 Rapid Fire Relief (.com) — (we, our and us) operates the website.

1.2 Rapid Fire Relief (.com) is a limited liability company incorporated in Iowa. Our mailing address is PO box 24, Adel, IA. 50003.

1.3 Our contact telephone number is (515) 556-4175 and our contact email address is webmaster@rfrelief.com.

2. Your responsibility for others who access our website using your device(s) or internet connection
You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s) or using your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website.

3. Other documents governing your use of our website
3.1 In addition to these Terms of Use, your use of our website is also governed by the following documents:

  • (a) Our privacy policy, which is available at gdprprivacypolicy.org/privacy-policy. Our privacy policy governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances, and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information.
  • (b) Our cookies policy, which is available at gdprprivacypolicy.org/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device, or browser, and other relevant information relating to cookies, such as how to change your preferences to accept or reject cookies.

3.2 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you consent to our processing of your personal information in accordance with our privacy policy, and you consent to our use of cookies in accordance with our cookies policy.

3.3 If you do not consent to the practices set out in these Terms of Use, our privacy policy and/or our cookies policy, you must not use our website.

4. Availability of our website
4.1 We make no representations and provide no warranties that:

  • (a) the website will be made available at any specific time or from any specific geographical location;
  • (b) your access to the website will be continuous or uninterrupted; or
  • (c) the website will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.

4.2 We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

4.3 Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.

5. Changes we may make to these Terms of Use and other documentation
5.1 We reserve the right to update these Terms of Use, our privacy policy, our cookies policy, and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

  • (a) to reflect any changes in the way we carry out our business;
  • (b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
  • (c) to accurately describe our current data processing activities so that you are kept up to date with our latest practices;
  • (d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
  • (e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

5.2 If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

5.3 By continuing to access our website after we have updated our Terms of Use, our privacy policy and/or our cookies policy, you agree to be bound by that updated version.

5.4 You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.

5.5 The date that these Terms of Use and or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is described as that document’s “effective date”.

6. Ownership of material on our website
6.1 All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

6.2 ‘GDPR Privacy Policy’ and ‘Rapid Fire Relief (.com)' are trademarks of Rapid Fire Relief, LLC.

6.3 The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

7. Information and content on our website provided on non-reliance basis
7.1 Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

7.2 The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website from time to time.

7.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website are accurate, up-to-date or complete.

7.4 Where we display discounts, time limits or any other special terms applicable to the products on our website from time to time, these shall constitute invitations to treat, not contractual offers and, where time limits or other special terms apply, such terms shall only represent our intention to apply such terms at that point in time and we reserve the right to amend, revise, cancel, extend or take any other action in relation to such discounts, time limits and special terms at any point and for any reason we deem appropriate, in our sole discretion.

7.5 Nothing in these Terms of Use shall act to exclude or limit any of your statutory or legal rights to the extent that they cannot be excluded or limited by these Terms of Use.

8. Permitted use of materials on our website
8.1 The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal purposes, private or non-commercial purposes, and you may also make others within your organization aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

8.2 Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change in any way any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

8.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

8.4 Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

9. Prohibited uses of our website
9.1 You must not reproduce, duplicate, copy or resell any part of our website or any content from or of our website, save and except to the extent expressly permitted in these Terms of Use.

9.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

9.3 You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

  • (a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
  • (b) for any fraudulent purposes whatsoever;
  • (c) to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
  • (d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
  • (e) to communicate with, harm or attempt to harm children in any way; or
  • (f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

9.4 You must not submit to us any personal information about you if you are under the age of 18 or about any other person who is either:

  • (a) under the age of 18; or
  • (b) if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

10. Viruses and other harmful content
10.1 We do not guarantee that our website does not contain viruses or other malicious software.

10.2 We shall not be responsible for any bugs or viruses on our website, any such software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

10.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

10.4 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

10.5 You must not use any third parties, software or technology to attempt to gain unauthorized access to our website, our servers, systems, hardware, software or data.

10.6 You must not attempt to perform any denial of service type attack on our website.

10.7 You must not perform any action which would contravene the Computer Misuse Act 1990.

10.8 We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

11. Links to other websites
11.1 Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control and we do not represent or warrant that such content is related to us our website, suitable or appropriate for use or viewing, lawful or accurate.

11.2 Any third party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website. You should check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features.

12. Links to our website
12.1 You may not link to our website without our prior written consent.

12.2 Where you have obtained our consent to link to our website:

  • (a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
  • (b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
  • (c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

12.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

13. INDEMNIFICATION
13.1 You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

  • (a) your uploads, access to or use of the website;
  • (b) your breach or alleged breach of these Terms of Use;
  • (c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  • (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  • (e) any misrepresentation made by you.

13.2 You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

14. DISCLAIMERS
14.1 THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

  • (a) THE SERVICE;
  • (b) THE WEBSITE CONTENT;
  • (c) USER CONTENT; OR
  • (d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

14.2 WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

14.3 BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

14.4 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

15. Governing law and jurisdiction
15.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

15.2 The United States Courts shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

16. Copyright
The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.