Terms

Fire & Rye, LLC

TERMS OF SERVICE

EFFECTIVE DATE: November 15, 2017

            Fire & Rye, LLC a VA Limited Liability Company (hereinafter “Fire” or “we”), sells products online which are accessible via website on PortTongs.com

            These FIRE Terms of Service (collectively, “Terms of Service”) set forth the terms and conditions under which you may access, purchase and use the products offered on www.PortTongs.com or www.FireandRye.com.  These Terms of Service apply to any customer that is, or is becoming, a customer of FIRE and utilizing the products FIRE offers via PortTongs.com or FireandRye.com

            BY ACCESSING PortTongs.com or FireandRye.com AND/OR USING THE PRODUCTS OF FIRE, YOU AGREE TO THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS  PortTongs.com or FireandRye.com AND/OR USE THE PRODUCTS OF FIRE.      

            FIRE reserves the right to modify or change these Terms of Service at any time without prior notice to you.  If FIRE modifies or changes these Terms of Service, it will also revise the “Effective Date” at the top of this page. 

            PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF SERVICE, THE PRODUCTS OFFERRED BY FIRE ARE OFFERED WITHOUT ANY WARRANTIES AND SUBJECT TO ALL LIMITATIONS ON FIRE'S LIABILITY AS DESCRIBED IN THESE TERMS OF SERVICE.  

            If you are allergic to any herbs, spices or sugars please review the ingredients for each spice blend offered by FIRE prior to use and/or talk with your doctor. If you have any adverse effects please discontinue use immediately.

            FIRE takes many precautions to insure that each spice blend is not contaminated with another blends’ spices but there is always a possibility that small amounts of some other spices may be in your product. This statement has not been evaluated by the FDA. Products offered by FIRE are not intended to diagnose, treat, cure, or prevent any disease.  FIRE does not make any claims that our products will cure any disease, fix any health issue or make you any more attractive.  You will be infusing our spice blends with high proof alcohol so please practice responsible drinking at all times.

            High proof spirits are flammable so PLEASE do not smoke while infusing, or create a spark or flame near an open container of high proof spirits.

            Please do not use FIRE'S infusions if you are nursing or planning to become pregnant, taking any medications, planning any medical procedures or have any medical condition. Consult your doctor before use. According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.

  1. GENERAL USE AND RESTRICTIONS.

1.1       USE OF SERVICE.  You agree not to access PortTongs.com or FireandRye.com and/or use the products of FIRE for any purpose that is not expressly permitted by these Terms of Service, or is otherwise unlawful.

1.2       INFORMATION PROVIDED.  If you provide any information to FIRE, you agree to provide only true, accurate, current and complete information.  If you provide information to use about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer all personally identifiable information you provide, and you assume all responsibility for dissemination and use of the information provided.

1.3       RESTRICTIONS.  You agree not to use any of FIRE'S trademarks as metatags on other websites or use the Products in any manner that is illegal.

  1. USE LICENSE.

            Permission is granted to temporarily download one copy of the materials (information or software) on Fire & Rye, LLC’s web site for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (1) modify or copy the materials; (2) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (3) attempt to decompile or reverse engineer any software contained on Fire & Rye's, LLC’s web site; (4) remove any copyright or other proprietary notations from the materials; or (5) transfer the materials to another person or “mirror” the materials on any other server.

            This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fire & Rye, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. REVISIONS AND ERRATA.

 

            The materials appearing on Fire & Rye, LLC’s web site could include technical, typographical, or photographic errors. Fire & Rye, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Fire & Rye, LLC may make changes to the materials contained on its web site at any time without notice. Fire & Rye, LLC does not, however, make any commitment to update the materials.

 

  1. LINKS.

 

            Fire & Rye, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fire & Rye, LLC of the site. Use of any such linked web site is at the user’s own risk.

 

  1. REFUNDS.

 

            All services offered are done so with a no refunds policy. Actions taken for a client’s benefit are done so in good faith and said actions often take a tremendous account of time. While no results or outcome is guaranteed we pursue the client’s goals with actions based on the best available knowledge we have at any given time.

 

  1. INDEMNIFICATION.

            You hereby agree to indemnify and hold harmless Fire & Rye, LLC and its affiliates, officers, members, managers, directors, employees, equity holders, information providers, suppliers, licensors and licensees, and their respective successors and assigns (collectively, "Covered Persons") from and against any and all losses, damages, liabilities, deficiencies, judgments, interest, awards, fines, costs or expenses of whatever kind, including, without limitation, amounts paid in settlement and reasonable attorney's fees incurred by any Covered Person in connection with any claim, action, arbitration, litigation, subpoena or investigation of any nature (whether at law or in equity) arising out or caused by (a) your access and/or use of any products sold by FIRE & RYE, LLC, (b) any claim that any FIRE & RYE, LLC Content, as applicable, misappropriates, infringes or otherwise violates any third party's rights, including privacy or intellectual property right of any third party, and/or (c) any breach, or alleged breach, of any of this product disclaimer by you. You further indemnify and hold harmless the Covered Persons from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by any Covered Person in connection with any claim arising out of any claim or allegation made or brought by a current or former user of any FIRE & RYE, LLC products.

  1. DISCLAIMER OF WARRANTIES. 

            You expressly acknowledge and agree that your use of FIRE & RYE, LLC’S products are at your sole risk. The Products are provided on an "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE" basis. FIRE & RYE, LLC makes no representations or warranties relating to their products including, without limitation, representations or warranties that (a) the products shall meet your requirements, (b) the operation of the products will be error free, or (c) any defects in the products will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED "AS IS" AND FIRE & RYE, LLC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND FIRE & RYE, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT FIRE & RYE, LLC HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), TITLE , QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, FIRE & RYE, LLC MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ACHIEVE ANY INTENDED RESULT.

 

  1. LIMITATION OF LIABILITY. 

IN NO EVENT SHALL ANY COVERED PERSON BE LIABLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR (B) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF SERVICE AND/OR THE SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF SUCH COVERED PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. In no event shall any Covered Person’s total liability to you for any damages arising out of or in any way connected with this product disclaimer or the products sold by FIRE & RYE, LLC, whether for breach of contract, in tort or otherwise, exceed the greater of (a) ten dollars ($10) or (b) the amount you paid to us, if any, during the three (3) month period immediately before the applicable claims arose. THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

  1. GOVERNING LAW AND JURISDICTION. 

            This Terms of Use Agreement shall be governed by the laws of the Commonwealth of Virginia, and Virginia law will apply to any questions relating to the meaning of any provision of this Agreement.  The parties submit to the jurisdiction and venue of the City of Richmond, Virginia with respect to any action arising, directly or indirectly, out of this Agreement AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.   

9.1       DISPUTES.

            The parties stipulate that the stated venue is convenient.  Fire & Rye, LLC may recover all costs and expenses, including legal fees, court costs, collection fees or commissions, travel, and any other cost incurred in enforcing this Agreement.          

  1. GENERAL PROVISIONS. 

            The Terms of Service constitute the entire agreement between the parties with respect to the access of PortTongs.com and/or use of the products offered by FIRE and supersede all prior and contemporaneous agreements and understandings regarding such subject matter (none of which shall be binding). Nothing contained in any purchase order or similar document issued by you or FIRE will in any way modify or add any additional terms or conditions to the Terms of Service. If any provision of these Terms of Service is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Service shall remain in full force and effect. No right or remedy conferred by these Terms of Service is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. FIRE may provide notice to you relating to these Terms of Service by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Service, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Service. A printed version of these Terms of Service and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of FIRE to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If FIRE brings any suit against you to enforce these Terms of Service or otherwise in connection with your use of the products offered by FIRE, you agree that if FIRE prevails in such suit, FIRE shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the products offered by FIRE is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. In this Agreement, "person" shall be broadly construed to include individuals and all forms of legal entities; and "third party" refers to any person other than FIRE or the purchaser of any product(s) from FIRE. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument.