Terms of Service

 Terms of Service, Fetch Deals, Inc.

(www.nighthawkgear.com)

These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Fetch Deals, Inc. (“us,” “our,” or “we”) and our related technology systems (collectively, the “Website”).  These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to our newsletter or purchase of any online service or product offered by us (collectively, “Online Services”).

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website and/or your registration for, purchase, or use of any of our Online Services. By submitting information to us, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which we, in our sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Compliance with These Terms of Service

You agree to comply with all federal, state and local laws, rules and regulations regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy and any applicable laws, we reserve the right, but not the obligation, to monitor your use of the Website and our Online Services. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy and/or any applicable laws.

Using our Website and Online Services

You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and applicable laws. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that we, in ours sole discretion and from time to time, may elect to take. We reserve the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of us.

You shall not be permitted to do any of the following, as determined by us, in our sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or applicable law; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

Intellectual Property Rights

The name “Night Hawk Gear”, www.nighthawkgear.com,  and other trade names, URLs, and Website domain names owned and/or operated by us, and our graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress’ of ours  (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers.   All software used for our Website (the “Software”) is our property or our software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.

You shall be solely responsible for any damage resulting from your infringement of our or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by us or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof.  No third party website that is linked to the Website or the content thereof has been developed by us and we have not reviewed, and are not responsible for, the content of any such third party websites. We make no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.

Electronic Communications

By using our Website or using an Online Service, you consent to receive communications from us electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT CONTAINED ON OUR WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH US OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  WE HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES.  Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.

Shipping Policy

All orders are shipped via United States Postal Service or by UPS mail to the address you provide at the point of sale. We ship within 1-3 days of when you place your order. Orders placed on the weekend will be shipped the following business day. Packages sent to the US are scheduled to arrive within 5-8 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee arrival dates or times.

Refund Policy

Please contact us by e-mail at support@nighthawkgear.com for all refund and return inquiries. We will do our best to get back to you within 24-48 hours.

Our Return Policy applies to your purchase of any materials or products from us through the Website (collectively, the “Product”).  If your product arrived damaged or faulty, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions:

  • You must first contact us by e-mail at support@nighthawkgear.com to request a return. Please be advised that any Product returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.
  • Products must be un-opened in their original packaging to be accepted for return.  If we elect to accept the return of an opened Product (which we may decline in our sole discretion), such opened Products may be subject to a 20% restocking fee.
  • We do not reimburse shipping costs to return an item.
  • Return packages with insufficient postage will not be accepted.
  • Products must be returned and received by us in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.
  • No returns/refunds/exchanges on discontinued items and clearance items.
Returns Address:
Fetch Deals, Inc. Attn: NightHawkGear.com
31 East 32nd Street, 1202
New York, NY 10003

Affiliate Disclaimer

From time to time, we may endorse, promote or suggest services and/or products. Our recommendations will be based solely on our determination that the service/product is of value to Users based on a review thereof by us, and/or our relationship with the provider/producer of such service/product and/or our prior usage of such service/product. We may be compensated for our recommendations. We may receive sample services/products for the purpose of conducting a review thereof. Our policy is to conduct to the best of our ability an unbiased review of such services/products.  If a service/product does not meet our standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which we provide a review shall be solely the responsibility of the person utilizing such service/product and we shall not be liable in any way as a result of any such person’s use of any such service/product.

Limitation of Our Liability

Any liability of ours, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by us from you in connection with your use of, registration for and subscription to any Online Services. We will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services.  Without limitation, we shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of us to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards. In no event shall we or our affiliates or partners be liable for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other theory, even if we or affiliates or partners, have been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

Amendments

We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

Agreement to Arbitrate and Class Action Waiver 

You agree to first contact us at support@nighthawkgear.com for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Web site or Online Services that cannot be resolved through such informal process or through negotiation with 60 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgement on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of New York, New York by a single neutral arbitrator.

You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in New York, New York.

(Last Revised December 17, 2015)