Welcome to OnFireGuy.com (the “Website”).  OnFireGuy, LLC (“OnFireGuy”) provides the Website, website features, and other products and services when you visit or shop at OnFireGuy.com (the “Services”).  The Services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. PLEASE READ THESE TERMS CAREFULLY.  By purchasing products from OnFireGuy, using the Services, or by accessing any areas of the Website, you agree to be legally bound to abide by the terms, conditions, and notices set forth below.

The Website is owned and operated by OnFireGuy, LLC, a Minnesota (USA) limited liability company. Any references herein to OnFireGuy, OnFireGuy.com, “we” or “us” shall be deemed to refer to OnFireGuy.com and/or OnFireGuy LLC, as applicable under the circumstances.

NOTICE TO THIRD-PARTY SITE USERS. When purchasing Products from Amazon.com or other third-party websites, your activities online are subject to the terms of service, user’s agreement, or other terms and conditions imposed by that third-party website, which may contain terms and conditions that differ from these Terms of Service. You are responsible for reviewing and complying with those terms and conditions.

ARTICLE I. OUR PRODUCTS; TERMS OF SALE

• Our Products. OnFireGuy offers a variety of products (the “Products”), at retail and wholesale through its OnFireGuy store, through the Website, and through Amazon.com and other third-party retail websites.
• All amounts due for retail purchases of the Products are payable in full at the time of purchase. Amounts due for wholesale purchases of the Products are payable as agreed by OnFireGuy in writing.
• Your Account. When you make a purchase from the Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
• Acceptance of Order. Your placement of an order does not necessarily assure that OnFireGuy will accept your order. OnFireGuy reserves the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
• Pricing and Availability. All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. You are responsible for ensuring that you are viewing products in the currency you intend to pay in. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
• Payment Terms. OnFireGuy currently accepts American Express, Discover, MasterCard, and Visa credit cards. We also accept payments via PayPal, Amazon Pay, cash, check, and money order. By submitting your order, you represent and warrant that you are authorized to use the designated credit card or payment method and authorize us to charge your order (including taxes, shipping, and handling) to that card/payment method. If the card/payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for OnFireGuy products by credit card and subsequently “charge back” your purchase through your merchant account provider, OnFireGuy reserves the right to terminate these Terms of Service and all pending orders and transactions immediately in addition to any and all available remedies at law or in equity.
• Shipping Terms and Policies. Please view our Shipping page for more information regarding our shipping policies.
• Returns and Exchanges Policy. Please see our Returns & Exchanges page for further details.
• Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing, or other information on the Website is accurate, complete, current, or error-free.  In addition, all weights and size dimensions are approximate. If a product offered by OnFireGuy is not as described or pictured, your sole remedy is to return it in an unused condition for a refund, in accordance with the Returns & Exchanges policy. In the event of an error, whether on the Website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

ARTICLE II. TRADEMARKS AND SERVICE MARKS

OnFireGuy is a trademark of OnFireGuy, LLC. All rights are reserved. These and other OnFireGuy graphics, logos, service marks and trademarks of OnFireGuy, LLC may not be used without the prior written consent of OnFireGuy, LLC. All other trademarks, product names, and company names and logos appearing on the Website or in any materials relating to our Products are the property of their respective owners.

ARTICLE III. DISCLAIMERS AND LIMITATION OF LIABILITY

• You expressly agree that use of OnFireGuy’s Products is at your sole risk. Neither OnFireGuy, LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that the Website will be uninterrupted or error free, nor do they make any warranty as to any of OnFireGuy’s products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website.
• Disclaimer of Warranties. ONFIREGUY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THE WEBSITE. ONFIREGUY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH ONFIREGUY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ONFIREGUY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) ONFIREGUY OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONFIREGUY’S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THE WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ONFIREGUY, LLC AND ITS AFFILIATES.
• Limitation of Liability. IN NO EVENT SHALL ONFIREGUY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ONFIREGUY OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ONFIREGUY, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH ONFIREGUY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF ONFIREGUY OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.
• Internet Delays. USE OF THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ONFIREGUY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
• Links to Third Party Sites. The Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of OnFireGuy.  If you choose to link to such third party web sites, OnFireGuy makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites.  OnFireGuy does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses.  OnFireGuy disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties. 

ARTICLE IV. CONTENT AND COPYRIGHT OWNERSHIP

• Copyright and Limited License. Unless otherwise indicated, the Website and all content and other materials therein, including, without limitation, the OnFireGuy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of OnFireGuy or its licensors or users and are protected by U.S. and international copyright laws.  You are granted a limited, nondelegable, and nontransferable license to access and use the Website and Site Materials for personal, informational, and shopping purposes only.  Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of the Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for its intended purpose. Any use of the Website or Site Materials other than as specifically authorized herein, without the prior written permission of OnFireGuy, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
• Digital Millennium Copyright Act (“DMCA”) Notice. If you believe any material available via the Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

OnFireGuy, LLC

Attn: DMCA Takedowns

122 Main Street E

Elysian, MN 56028-2031

Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification.  You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the DMCA and other applicable law, OnFireGuy has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers.  OnFireGuy may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4.3       Third Party Site Materials.  OnFireGuy may provide third party content on the Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that OnFireGuy is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.

4.4       Advertisements and Promotions; Third-Party Products and Services.  OnFireGuy may display advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party.  OnFireGuy is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-OnFireGuy advertisers or third party information on the Website.

ARTICLE V. SUBMISSION OF IDEAS

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about OnFireGuy, the Website and our Products (collectively, “Ideas”).  Ideas, whether posted to the Website or provided to OnFireGuy by e-mail or otherwise are entirely voluntary, nonconfidential, gratuitous and noncommittal.  OnFireGuy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

ARTICLE VI.  LINKS

You are granted a limited, nonexclusive right to create text hyperlinks to the Website for noncommercial purposes, provided such links do not portray OnFireGuy in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  In addition, you may not use OnFireGuy’s logo or other proprietary graphics to link to the Website without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any OnFireGuy trademark, logo, or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without our express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of OnFireGuy or any third party.

OnFireGuy makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party web sites accessible via hyperlink or web sites linking to the Website.  Such sites are not under the control of OnFireGuy and OnFireGuy is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites.  OnFireGuy and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement, or adoption by OnFireGuy of any site or any information contained therein.  When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

ARTICLE VII.  CONFIDENTIALITY

In the course of providing Products and information via the Website, OnFireGuy may deliver to you content, materials and other information which is confidential, proprietary to OnFireGuy, or which constitutes a “trade secret” of OnFireGuy (“Confidential Information”).  You agree that you will hold all Confidential Information in trust for OnFireGuy, that you will not publish, disseminate, or otherwise disclose Confidential Information to any person, firm, or entity, and that you will not use Confidential Information to compete with OnFireGuy or in any other way detrimental to OnFireGuy. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to OnFireGuy’s Products, information (whether in written or electronic form) delivered to you in the course of selling Products or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to OnFireGuy and will co-operate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of two (2) years.

ARTICLE VIII.  PRIVACY POLICY

In accordance with the terms of OnFireGuy’s Privacy Policy, OnFireGuy respects the privacy of its users.

ARTICLE IX.  TERMINATION

Notwithstanding any of these Terms of Service, OnFireGuy reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to, and use of, the Website.

ARTICLE X. USAGE BY CHILDREN AND MINORS

OnFireGuy cannot prohibit minors from visiting the Website. OnFireGuy must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.

OnFireGuy requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through an OnFireGuy authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE PRODUCTS FROM ONFIREGUY, YOU ARE REPRESENTING TO ONFIREGUY THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH AN ONFIREGUY AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

ARTICLE XI.  APPLICABLE LAW

These Terms of Service and the Website are created and controlled by OnFireGuy, LLC, a limited liability company organized in the State of Minnesota, USA.  As such, the laws of the State of Minnesota, USA will govern these Terms of Service, without giving effect to any principles of conflicts of laws.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Minnesota, USA, and of the United States of America located in the State of Minnesota, USA for any litigation arising out of or relating to use of or purchase made through OnFireGuy (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Minnesota, USA, and agree not to plead or claim in any court of the State of Minnesota, USA that such litigation brought therein has been brought in an inconvenient forum.

ARTICLE XII.  MODIFICATION OF TERMS

OnFireGuy may update these Terms of Service.  We will notify you about significant changes in the way we treat personal information as required by law by sending a notice to the primary e-mail address specified in your OnFireGuy account or by placing a prominent notice on the Website.  You are responsible for regularly reviewing these Terms of Service. Continued use of the Services and the Website after any such changes shall constitute your irrevocable and unconditional consent to such changes.

ARTICLE XIII.  NOTICES

OnFireGuy may give notice by means of a general notice on the Website, or electronic mail to your e-mail address on record in OnFireGuy’s account information, or by written communication sent by first class mail or prepaid post to your address on record in OnFireGuy’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 12 hours after mailing or posting (if sent by first-class mail or prepaid post) or 4 hours after sending (if sent by e-mail).

ARTICLE XIV.  NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you warrant to OnFireGuy that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

ARTICLE XV. GENERAL

• The provisions of these Terms of Service are intended to be severable.  If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
• No joint venture, partnership, employment, or agency relationship exists between you and OnFireGuy as a result of these Terms of Service.
• The failure of OnFireGuy to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OnFireGuy in writing.
• Electronic Communications. When you use the Services, or send OnFireGuy emails, text messages, or other communications from your desktop or mobile device, you may be communicating with OnFireGuy electronically. You consent to receive communications from OnFireGuy electronically. You agree that all agreements, notices, disclosures, and other communications that OnFireGuy provides to you electronically satisfy any legal requirement that such communications be in writing.
• Entire Agreement. These Terms of Service, together with any applicable policies, comprise the entire agreement between you and OnFireGuy with respect to the Website and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.