Agreement between User and Red Duck Knives.
Welcome to Red Duck Knives. The redduckknives.com website (the “Site”) comprises web pages operated by Red Duck Knives. Redduckknives.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of redduckknives.com constitutes your agreement to all such Terms and Conditions of Service. Please read these terms carefully and keep a copy of them for reference.
Use of our Website
By using our website, you submit that you are 18 years of age or older. Upon request, you agree to provide all necessary documents to substantiate your age. Red Duck Knives reserves the right to approve users on our Site.
Website Security
We use secure socket layer (SSL) encryption software. This encryption software is the industry standard and among the best software for secure online commerce transactions. By utilizing this software, any information submitted into and through this website is encrypted and secure.
Privacy Policy
Your use of business.redduckknives.com is subject to Red Duck Knives’ Privacy Policy, which also governs the Site and informs users of our data collection practices. Please refer to our Privacy Policy for further information.
Electronic Communications
Visiting business.redduckknives.com or sending emails to service@redduckknives.com constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirements that such communications be in writing.
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. You may not assign or transfer your account to any other person or entity. You acknowledge that Red Duck Knives is not responsible for third-party access to your account that results from theft or misappropriation of your account. Red Duck Knives and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Customer Knowledge and Compliance of Knife Laws
Knife laws can vary by legal jurisdiction (state, territory, district, county, and city) and change over time within these jurisdictions. Current knowledge of and compliance with these applicable knife laws are the owner’s and user’s responsibility. By buying and/or using our knives, you represent that you are of legal age within these appropriate jurisdiction(s), and you agree to hold Red Duck Knives harmless from failure to comply with the applicable knife laws of ownership and use within these jurisdiction(s).
Children Under Eighteen
Red Duck Knives does not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we may have collected from children under the age of 18, please contact us at (385)432-6444.
Red Duck Knives does not knowingly collect information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parents or guardian for permission to use this website. If you are a parent and have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may redduckknives.com only with the permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
Redduckknives.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Red Duck Knives, and Red Duck Knives is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Red Duck Knives is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Red Duck Knives of the site or any association with its operators.
Certain services made available via redduckknives.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the redduckknives.com domain, you hereby acknowledge and consent that Red Duck Knives may share such information and data with any third party with whom Red Duck Knives has a contractual relationship to provide the requested product, service, or functionality on behalf of Red Duck Knives users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use redduckknive.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Red Duck Knives that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Red Duck Knives or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Red Duck Knives content is not for resale. Your use of the Site does not entitle you to the unauthorized use of any protected content. You will not delete or alter proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Red Duck Knives and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Red Duck Knives or our licensors except as expressly authorized by these Terms.
Use Of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Services.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, materials, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Red Duck Knives has no obligation to monitor the Communication Services. However, Red Duck Knives reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Red Duck Knives reserves the right to terminate your access to any or all Communication Services at any time without notice for any reason whatsoever.
Red Duck Knives always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Red Duck Knives’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Red Duck Knives does not control or endorse the content, messages, or information in any Communication Service. Therefore, specifically disclaims any liability regarding the Communications Service and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized Red Duck Knives spokespersons, and their views do not necessarily reflect those of Red Duck Knives.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Red Duck Knives or Posted On Any Redduckknives.com Web Page
Red Duck Knives does not claim ownership of the materials you provide to redduckknives.com (including feedback and suggestions) or post, upload, input, or submit your Submission; you are granting Red Duck Knives, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with you Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Red Duck Knives is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Red Duck Knives’ sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third-Party Accounts
You will be able to connect your redduckknives.com account to third-party accounts. By connecting your redduckknives.com account to your third-party account, you acknowledge and agree that you consent to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Red Duck Knives from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Red Duck Knives content accessed through redduckknives.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Red Duck Knives, it is officers, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Red Duck Knives reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Red Duck Knives in asserting any available defenses.
Arbitration
If the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope of and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place individually; class arbitrations and class representation collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and Red Duck Knives agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RED DUCK KNIVES AND/OR THEIR SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES TO THE SITE AT ANY TIME.
RED DUCK KNIVES AND OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OR ANY KIND. RED DUCK KNIVES AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED DUCK KNIVES AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OR ANY OF ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Class Action Waiver
Red Duck Knives reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah. You hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists and Red Duck Knives because of this agreement or use of the Site. Red Duck Knives’ performance of this agreement is subject to existing laws and legal processes. Nothing in this agreement is in derogation of Red Duck Knives’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Red Duck Knives with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Red Duck Knives with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the use and Red Duck Knives with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents are written in English.
Credit Cards
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.
Multi-Product Orders
For multiple product orders, we will make every attempt to ship all items contained in that order
simultaneously. Products unavailable at the time of shipment will be shipped as they become
available unless you inform us otherwise. You are billed for all the products ordered in the first
shipment regardless of the total number of shipments it takes to complete your order.
Order Acceptance Policy
Your receipt of electronic or other forms of order confirmation does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. Red Duck Knives 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.
Other Conditions
These conditions will supersede any terms or conditions you include with any purchase order,
regardless of whether this store signs them or not. Red Duck Knives reserves the right to change this site and these conditions at any time.
Out-Of-Stock Products
We will ship your product as it becomes available—usually, products ship in five business days.
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 you have ordered that are
out-of-stock and unavailable for immediate shipment. You may cancel your order at any time
before shipping.
Closeout Products
Closeout products are shipped in usable condition but are not guaranteed and are NOT returnable for
credit.
Shipping Policy
Most orders will be shipped within five business days, 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.
Sales Taxes
Our store charge sales tax on products that consumers purchase.
Typographical Errors
In the event a product is listed at an incorrect price due to a typographical error or error in pricing
information received from our suppliers, Red Duck Knives shall have the right to refuse or
cancel any orders placed for products listed at the incorrect price. Red Duck Knives shall also
have the right to refuse or cancel any such orders whether the order has been confirmed
and your credit card was charged. If your credit card has already been charged for the purchase and
your order is canceled, Red Duck Knives will issue a refund to your card in the amount of the
incorrect price.
Product Restock & Return Assistance Policy
To maximize your profits, you’ll be notified quarterly via email that it’s time to restock your display and return any defective or unsellable products. The email contains a simple form in which you will report your on-hand product stock levels and those products that you have identified for return. Once this completed form and all returned products are received and processed, our team will email you an Order Proposal for your review and approval and a Credit Invoice on any returned products you have shipped to our facility – it’s that simple!
Product Return Policy
By purchasing products per our Site you are accepting the terms and conditions of our Product Return Policy which outline in detail in a separate document on our Site.
Changes To Terms
Red Duck Knives reserves the right, in its sole discretion, to change the Terms under which redduckknives.com is offered. The most current version of the Terms will supersede all previous versions. Red Duck Knives encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Red Duck Knives welcomes your questions or comments regarding the Terms and Conditions of Service. You may contact us at:
Red Duck Knives
c/o Service Department
3703 N. 175 E.
North Ogden, UT 84414
Email Address:
Telephone:
(385)432-6444
The Terms and Conditions of Service are effective as of December 25, 2022.