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. You agree to provide all necessary documents to substantiate your age upon request. 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 for securing online commerce transactions. This software enables information submitted to and through this website to be 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 agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirements for such communications to be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities 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. By using the Services, you represent that you are at least 18 or 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 delete such data from our records promptly. If you become aware of any data, we may have collected from children under 18, please don’t hesitate to contact us using the information provided at the end of this Agreement.
Red Duck Knives does not knowingly collect information from children under thirteen. If you are under eighteen, 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, don’t hesitate to 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 any Linked Site’s contents, including 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 by 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 that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment. 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 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 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 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 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, it 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 for using 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 continue releasing information about you to others (following your privacy settings on those third-party sites). Do not use this feature if you do not want information about you to be shared this way.
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 any 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 manner prohibited by 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. At its own cost, Red Duck Knives reserves the right 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 according 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 resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. 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 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 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 CONCERNING 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, 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
In its sole discretion, Red Duck Knives reserves the right 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 concerning such use. If any part of this agreement is determined to be invalid or unenforceable according 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 concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the use and Red Duck Knives concerning 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 provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Please correct the information to ensure your order is processed on time. In some cases, orders shipped to an address the credit card issuer does not authorize are subject to delays, verification emails/phone calls, and/or cancellation. Additionally, in some cases, orders shipped to an address other than the authorized billing address are subject to delay and verification. If we cannot authenticate the validity of an order, that order will be canceled.
Multi-Product Orders
All items in the order will be shipped regardless of their availability. If some products are unavailable, the shipment will be held until all products are shipped together, which can cause the average delivery time to be extended. You are billed for all the products when you place the order. If products are unavailable, you will be contacted and can either cancel the order or wait for the additional time for the order to be shipped.
Order Acceptance Policy
Your receipt of any order confirmation does not signify our acceptance of your order, nor does it confirm 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 in 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 inform you 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.
Gift Cards
Gift cards can be used for the purchase of products. They expire one year after their issue date and are not refundable, nor will credit be issued for the expired card.
Coupons
Coupon cards can be used to purchase products under the terms and conditions specified on the coupon.
Products Designated as Special Deals or Seasonal Promotions
Products sold as special deals or seasonal promotions are non-returnable except if they arrive incorrectly, defective, or damaged. Products with these conditions are subject to the terms and conditions of our Return Policy on this website.
Shipping
- Products considered illegal to possess in your state will not be shipped. For example, automatics, balisongs (except practice balisongs), and gravity knives will NOT be shipped to the following states…CA, CT, DE, HI, MA, MD, MN, NM, NJ, VT, WA, or any Indian Reservations.
- FREE Shipping is offered to all 50 states via USPS. If an order contains automatics, balisongs (except practice balisongs), and/or gravity knives will ONLY be shipped via UPS because Federal Law prohibits these types of knife shipments through USPS.) For example: If you only order a hunting knife it will be shipped USPS. If you only ordered an automatic it would be shipped UPS. If you ordered a hunting knife and an automatic it would be shipped UPS.
- Products will be shipped within two to three business days, provided the products ordered are in stock.
- We do not ship to PO Boxes, APO, FPO, or DPO.
- Orders are processed and shipped on workdays.
- Order delivery time cannot be guaranteed. The one to six-day shipping or transit time offered by USPS and UPS should only be considered estimates. Below are the estimated transit days from our location in Utah:
Sales Taxes
Our store charges sales tax on products consumers order where we have reached the required NEXUS (Dollar sales volume or transaction volume) for their states. For example, you will pay sales tax if you live in Utah; however, if you live in North Dakota, where we have yet to reach NEXUS, you will not be required to pay sales tax. For example, you may place an order today, and you will not be charged sales tax, and then come back 2 or 3 months later and place a second order and find you are being charged for sales tax. This is due to our third-party sales tax software automatically determining that we have reached NEXUS in your state due to our overall wholesale and consumer sales for North Dakota.
Prohibited Products
Automatics, Balisongs (except practice balisongs), and Gravity Knives – These knives will NOT be shipped to the following states…CA, CT, DE, HI, MA, MD, MN, NM, NJ, VT, WA, or any Indian Reservations due to state or federal law prohibiting possession. Please click on the following link for more detailed information: https://www.akti.org/state-laws-regarding-automatics/
These items will be noted on packing slips and invoices:
Prohibited in CA, CT, DE, HI, MA, MD, MN, NM, NJ, VT, WA, or Indian Reservations.
Other Prohibited Products, such as daggers, will also NOT be shipped to certain states or jurisdictions after the staff at Red Duck Knives reviews your order. Our staff makes a good-faith effort to identify and notify you of any prohibited knives before they’re shipped. Due to the complex and convoluted nature of the laws in many states, counties, and cities, Red Duck Knives cannot be held liable for the shipment of prohibited products. We recommend you review and fully understand what knives are prohibited in your “ship to” address before placing your order at https://www.akti.org/state-knife-laws/ or https://www.bladeaddict.com/pages/knife-laws-by-state.
Special Deals or Seasonal Promotions
Products sold as special deals or seasonal promotions are non-returnable sale items unless they arrive incorrectly, defective, or damaged. These products are identified as “Sale Item – Non-Returnable” on the packing slip and invoice.
Typographical Errors
Suppose a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers. In that case, Red Duck Knives shall have the right to refuse or cancel any orders for products listed with incorrect prices. 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 has been 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 for the incorrect price.
Product Return Policy
By purchasing products per our Site, you accept the terms and conditions of our Product Return Policy, outlined in detail in a separate document on our Site.
Changes To Terms
In its sole discretion, Red Duck Knives reserves the right 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 review the Terms periodically 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: service@redduckknives.com
Telephone: (800)771-0624
The Terms and Conditions of Service are effective as of June 1st, 2023.