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Legal

Terms and Conditions  

Welcome to FishNPack. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

  • You are purchasing either a Port Authority/Rothco backpack and authorizing FishNPack to retrofit your purchase with the FishNPack backbone system.
  • Port Authority/Rothco will not be responsible or accept any returns which have been printed or altered in any way.

Acceptance of Agreement 

You agree to the terms and conditions outlined in this Terms of Use Agreement (”Agreement”) with respect to our site (the ”site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the site, and you should review this Agreement prior to using the site.

Copyright 

The entire content included in this site, including, but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RCF Holdings LLC, a Virginia Domestic Corporation, and www.fishnpack.com, a proprietary Web site owned by RCF Holdings LLC (hereinafter all referred to as fishnpack.com or www.fishnpack.com). The collective work includes works that are licensed to fishnpack.com. Copyright 2012, www.fishnpack.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with fishnpack.com or purchasing fishnpack.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with fishnpack.com or to purchase fishnpack.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by fishnpack.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site. You do not acquire ownership rights to any content, document, or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials.

Trademarks 

All trademarks, service marks and trade names of fishnpack.com used in the site are trademarks or registered trademarks of fishnpack.com and protected by the laws of the United States and international law where applicable.

Limited Right to Use 

The viewing, printing or downloading of any content, graphic, form or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Disclaimer and Limits 

THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED ”AS IS,” ”AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

Use of Information 

We reserve the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Typographical Errors 

Regarding Price, Product or Service. In the event that a fishnpack.com product is mistakenly listed at an incorrect price, incorrect terms of service, or incorrect features of a product are listed (or the incorrect product), fishnpack.com reserves the right to refuse or cancel any orders placed for such product. fishnpack.com reserves 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 of such incorrect product and your order is cancelled, fishnpack.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination 

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by fishnpack.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice 

fishnpack.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to fishnpack.com.

Miscellaneous 

Your use of this site shall be governed in all respects by the laws of Virginia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of fishnpack.com products) shall be in the state or federal courts located in Smyth County, Virginia or the nearest federal court to Smyth County, Virginia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of fishnpack.com products) must be commenced within one (1) year after the claim or cause of action arises. fishnpack.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. fishnpack.com may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected by such void or unenforceable provisions. This agreement is the complete agreement of the parties upon your entering this Web site, and it terms and conditions pursuant to this agreement are the totality of any communications by the parties about its terms and conditions.

Use of Site 

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a fishnpack.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer 

fishnpack.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, fishnpack.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, fishnpack.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to fishnpack.com in its sole discretion.

Indemnification 

You agree to indemnify, defend, and hold harmless fishnpack.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links 

In an attempt to provide increased value to our visitors, fishnpack.com may link to sites operated by third parties. However, even if the third party is affiliated with fishnpack.com, fishnpack.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of fishnpack.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, fishnpack.com seeks to protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Limited Use of Subscriptions, Passwords, and Other Private Information 

You agree to treat as strictly private and confidential any Subscription Code, username, user ID, password, or other identifying entry to this Web site which you may have received from fishnpack.com, and all information to which you have access through password-protected areas of fishnpack.com and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Revisions to this Agreement 

fishnpack.com reserves the right to issue revisions to these terms and conditions by publishing a revised version of this document on its site. Such revisions shall be retroactive to your original agreement without written consent and shall apply to then all future use of this site. Each use of the fishnpack.com Web site is considered a separate, discrete transaction based on the then prevailing terms.

Assignability 

These terms and conditions and any license granted to use fishnpack.com may not be assigned or sublet by you without fishnpack.com’s express written consent in advance.

Termination 

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all material obtained from any and all fishnpack.com Web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at fishnpack.com’s sole and absolute discretion, should you fail to comply with any terms or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other fishnpack.com’s Web site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Privacy Policy 

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Editing, Deleting and Modification 

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site.

Nontransferable 

Your right to use the site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Pricing

Pricing information may change on fishnpack.com at any time, without notice.

Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Payment Terms 

We accept payment by credit card (Visa, MasterCard, American Express, and Discover) through PayPal and valid Purchase Orders. PayPal no longer requires that you have an account with them to purchase through PayPal. We will accept Purchase Orders once we have approved your credit application. Credit applications can be requested by emailing us at [email protected]. Purchase Orders have Net 30 terms, and after placing your order online, you must submit a copy of your P.O. via email. We will not ship any items until your Purchase Order is received.

Accounts Receivable Address:

RCF Holdings LLC
Accounts Receivable
1180 Prater Lane
Marion, VA 24354

Shipping

  • Orders are usually sent out within 24 business hours of receipt.
  • Please allow 7 business days from the date we receive your order and payment until delivery of your products.
  • All items shipped UPS Ground or USPS.
  • Shipping dates are always subject to stock on hand.

Securities Laws 

This site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our site, words like ”anticipates,” ”expects,” ”believes,” ”estimates,” ”seeks,” ”plans,” ”intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

Arbitration 

All disputes arising from or under this Agreement shall be settled by the then-current rules of the American Arbitration Association. Such arbitration shall be held in Marion, Virginia. All costs of arbitration shall be divided equally between the parties, and the parties agree to abide by the award. Judgment may be entered on any arbitration award in any court having competent jurisdiction.