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OUR MERCHANT AGREEMENT

 
  1.TRADEMARK AND SERVICE MARK
The name of this website is a service mark of the website, FredsSurvivalStore.com. No use of this mark shall be permitted except through the prior written authorization and permission of The Owner. All rights reserved Worldwide.

1.1 No person, group, investors, organization or affiliate is in partnership with FredsSurvivalStore.com

2. All notices to this organization or website shall be sent by electronic mail: Here  

4.ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the users of the website, and FredsSurvivalStore.com regarding use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by FredsSurvivalStore.com, or it's owners.

5.VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION.
This Agreement shall be governed by and construed under the laws of the State of Nevada and the United States as applied to agreements between Nevada state residents entered into and to be performed within the State of Nevada, except as governed by Federal law.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.

6. Any and all disputes as to the interpretation of or any performance under these Terms and Conditions which are not first resolved informally, shall be determined by binding arbitration in Las Vegas, Nevada, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Nevada and the United States.

LEGAL NOTICE : YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IS REQUIRED FOR YOU TO VIEW AND USE THIS WEBSITE.

PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE ACCEPT BUTTON AT THE END OF THESE TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACKNOWLEDGMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.

 1.   PARTIES TO THIS AGREEMENT AND CONSIDERATION .


The parties to this Agreement (the Agreement) for FredsSurvivalStore.Com (the Website) are You, the Viewer, and the "Owners". 

As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Owners and the Website; the term "You" and "Your" is used to refer to You, the viewer or user.

1.1 Subject to Your acceptance of the terms and conditions set forth in this Agreement.

1.2 You agree that this Agreement is subject to change by the Owners at any time and changes shall become effective immediately.  You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

1.3 You agree Any action on Your part to Bookmark to a page on this Website whereby ANY Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.


2.   AGE OF MAJORITY.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE.

2.1 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.

3.   GRANT OF LIMITED LICENSE WITH RESERVATIONS.
In consideration of certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Owners hereby grants You a limited, nonexclusive and nontransferable license to use the materials contained in, or made available through this Website (hereafter Materials) solely for Your private personal non-commercial use, as provided by the Owners during the period in which You are viewing this website.

4. You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by the owners of Fred's Survival Store Inc. or others who have licensed use of such Materials on the Website.. You acknowledge and agree that as such, You may access, view, receive and otherwise use the Materials available at the Website only as specifically authorized by the Owners and in accordance with the terms and conditions of You are agreeing to, only on one computer at a time and, if downloadable copies of the Materials are made available to You by the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Owners specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts:

(a) permitting other individuals to directly or indirectly use the Materials;

(b) modifying, translating, reverse engineering, recompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction);

(c) making copies or creating derivative works based on the Materials, except as provided herein;

(d) renting, leasing, or transferring any rights in the Materials;

(e) removing any proprietary notices or labels on the Materials; and,

(f) making any other use of the Materials not expressly permitted herein.

4.1  You further represent and warrant to the Owners that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Owners. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which the Owners does not authorize such access, viewing, downloading, receipt or other use.

4.2 You hereby acknowledge that you understand that the Owners (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.

4.3 You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Owner's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Fred's Survival Store Inc. trademark and other rights, including, but not limited to, rights of privacy.

5.   INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS.
You agree to be personally liable and fully indemnify Fred's Survival Store Inc,, it's Owners and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person (s), including, without limitation, any governmental agency (ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Materials from the Website, including attorney fees.

6. ANY LIABILITY OF FRED'S SURVIVAL STORE INC, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF FEE PAID BY, OR ON BEHALF OF, THE VIEWER OR USER TO FREDSSURVIVALSTORE.COM FOR AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FREDSSURVIVALSTORE.COM OR IT'S OWNERS ARE NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.

7.   NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
7.1 You acknowledge that You understand that FredsSurvivalStore.com or it's owners, does not screen or endorse the content of any advertisements or communications submitted to or posted on the Website by third-party licensees, advertisers, Users of the Website or other persons, nor do they exercise any editorial control, prior screening or supervision over such content. Users are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise relying on or responding to any communication or information posted on, or accessed through the use of the Website.

7.2 Links To Third-Party Sites. You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Those linked websites are not under the control of FredsSurvivalStore.com and Fred's Survival Store Inc. has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites. FredsSurvivalStore.com is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Fred's Survival Store Inc. Web site does not imply endorsement by FredsSurvivalStore.com of any other website or the content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the content they provide to You.

8.3 You further acknowledge that You understand that  FredsSurvivalStore.com does not control the content of any information, messages, communication, personal data, photographs, video or audio content, or any other material posted or uploaded by Users of any Website (collectively, " User Originated Content"), and that You release Fred's Survival Store Inc., fredssurvivalstore.com and its owners, agents, officers, directors,  employees, and service provider from any and all liability and responsibility, directly and indirectly, in connection with the content of any information, messages, communication or other User Originated Content You may receive or review by clicking on third party links from the Website.

8.4 Fred's Survival Store Inc, FredsSurvivalStore.com, it's owners, agents, officers, directors, employees, service provider claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for User Originated Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that FredsSurvivalStore.com, it's owners, reserves the right, in its sole and exclusive discretion, to delete any content, messages, photos, profiles or other information posted on the Website by any User or any other person that in the sole judgment violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Fred's Survival Store Inc, fredssurvivalstore.com and/or its owners or viewers.

9.  UNENFORCEABILITY OF PROVISIONS.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

10.  AUTHORIZATION AND PERMISSION TO SEND COMMERCIAL EMAILS TO YOU.
You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to You from FredsSurvivalStore.com or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications. Moreover, You agree that Your authorization and permission to Fred's Survival Store Inc, FredsSurvivalStore.com, it's owners to send You such materials and communications shall continue to be in effect unless and until You notify "US" that You wish to be deleted from OUR email list.

10.1 OPT-OUT AND CANCELLATION PROVISIONS. At any time, You may opt out of future e-mailings and cancel Your receipt of future e-mailing from FredsSurvivalStore.com by clicking the unsubscribe link at the bottom of each e-mail.

11.   PASSWORD SECURITY.
Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website is through the use of a password. Each Member must keep his password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Website is subject to immediate termination without notice or reimbursement of any kind.
   
       
 

Fred's Survival Store

4491 Via Torino

Las Vegas, NV.89103

(702)281-1497

 Copyright Freds Survival Store, Inc. 2008