Terms of service
This website is operated by Scorched Survival. Throughout the site, the terms “we”, “us”, "our", and "Scorched" for short, refer to Scorched Survival. Scorched offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 7 - VIP MEMBERSHIP TERMS & CONDITIONS
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGN UP FOR A VIP MEMBERSHIP.
SECTION 7.1 - MEMBERSHIP SCOPE
As a VIP member, you may have early access to certain deals, exclusive coupons, closed or sold-out events, and other benefits. The features of VIP and services made available to you through VIP may vary over time. Your VIP membership, and deals offered to you pursuant to your VIP membership, may not be shared, transferred or assigned to any other person or entity.
SECTION 7.2 - ELIGIBILITY CRITERIA
To become a VIP member, you must: (a) be a U.S. resident at least 18 years of age as of the date of your VIP registration, (b) have the capacity to enter into a legally binding contract, and (c) have, and maintain in good standing, a Scorched customer account registered with a valid email address and at least one valid credit card. You agree that all notices regarding this Agreement will be sent to you electronically via the valid email address registered with your customer account. Participation in VIP is subject to this Agreement, as well as any policies and procedures that Scorched may have, adopt or modify from time to time. The resale of Scorched products purchased through the VIP program in any online or digital forum or marketplace is strictly prohibited. Any failure to abide by this Agreement or any policies or procedures implemented by Scorched, any conduct detrimental to Scorched, any misrepresentation or fraudulent activities in connection with VIP, or any failure to act in a manner consistent with federal, state, provincial, or local laws, regulations, or ordinances, may, in addition to any rights or remedies available to Scorched in law or equity, result in the termination of your membership in VIP, in Scorched's sole discretion.
SECTION 7.3 - FEES & BILLING
The VIP membership is a monthly membership. By completing the VIP registration process, you give us permission to charge the then-current monthly VIP membership fee to the valid credit card you designate during registration. You agree to update Scorched with any changes to your billing preferences and designations. If the payment method you designate during registration is invalid, or later becomes invalid, Scorched may cancel your VIP membership. The VIP membership fee quoted is exclusive of any applicable taxes, which will be added to your bill if and as applicable. The monthly VIP membership fee may vary from year to year. We reserve the right to accept or refuse membership in our sole discretion. Any products purchased from Scorched during your VIP membership period will be billed separately, as additional products are not included in the VIP membership fee unless explicitly stated as part of your sign-up offer. We may, at certain periods, send out free products to our VIP members, but that will be done (or not done) at our sole discretion.
SECTION 7.4 - AUTOMATIC RENEWAL
Your monthly membership period will begin when you complete the registration process (“Start Date”). Your membership will automatically renew one (1) year from the Start Date (“End Date”), unless you cancel your membership as provided below prior to the End Date (collectively, “Membership Period”). For VIP members with billing addresses in certain states, including, without limitation, Connecticut, Florida, Hawaii, Illinois, and New Mexico, we will send a notification to the email address registered with your customer account thirty (30) days prior to the End Date reminding you that your VIP membership will automatically renew unless you cancel your membership prior to the End Date. If you allow your VIP membership to renew, you will be charged the then-current monthly membership fee for your renewal membership. Renewed Membership Periods will begin on the End Date of your previous Membership Period and continue for one (1) year.
SECTION 7.5 - CANCELLATION OF MEMBERSHIP
Cancellation by You: VIP memberships can be cancelled at any time during the Membership Period. To cancel your VIP membership or to request an available refund, log into your customer account and visit “My Account,” or contact Customer Support at 855-441-7642. If, during the then-current Membership Period and prior to cancellation, you have not purchased a deal through VIP or received a voucher refund through VIP, you are entitled to a full refund of the monthly membership fee for the then-current Membership Period. If, during the then-current Membership Period and prior to your cancellation, you have either purchased a deal through VIP or received a voucher refund through VIP, you are not entitled to any refund of your membership fee if you cancel before your Membership Period expires.
Cancellation by Us: Scorched may, in its sole discretion, cancel your VIP membership and terminate this Agreement if you breach any provision of this Agreement. If Scorched terminates this Agreement due to your breach, Scorched will have no liability or responsibility to you, and Scorched will not refund any amounts that you have previously paid for your VIP membership. If Scorched terminates this Agreement because VIP has been discontinued, we will give you a prorated refund of your membership fee for the unused months remaining in your then-current Membership Period. Refunds will be issued to the billing payment method you designated during registration. If Scorched terminates this Agreement because your designated payment method is or becomes invalid, you will have thirty (30) days from the date of cancellation to register a valid method of payment and reactivate your VIP membership for the remaining term of the then-current Membership Period at no additional charge.
SECTION 7.6 - VIP FREE TRIAL TERMS
From time to time, we may offer a one-time free trial to select participants (“Free Trial”). Free Trials will be offered in our sole discretion. A Free Trial provides participants with the benefits of a VIP membership at no cost during the Free Trial period. You will not be billed for the Free Trial during the Free Trial period. However, you will be billed for any vouchers or other services you purchase during the Free Trial period. The length of any Free Trial period may vary. You must have a registered Scorched account to participate in a Free Trial. Current VIP members are not eligible for a Free Trial. Previous VIP members and Free Trial participants who cancelled a VIP membership or Free Trial are not eligible for a subsequent Free Trial for at least thirteen (13) months after such cancellation. Your Free Trial period will begin when you complete the registration process. Upon expiration of your Free Trial period, you will automatically be registered for a monthly VIP membership and charged the monthly VIP membership fee unless you cancel your Free Trial prior to the end of your Free Trial period. Free Trials can be cancelled at any time by contacting Customer Support at 855-441-7642. Free Trials are subject to this Agreement as applicable, unless otherwise stated.
SECTION 7.7 - MODIFICATION OF THIS AGREEMENT
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Scorched, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Scorched and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.