In recent months nearly every state in the country has declared a state of emergency in order to address COVID-19. Although emergencies can be declared for many reasons, the pandemic is unique in the memory of every currently living generation. The sometimes heavy-handed restrictions have caused a lot of trepidation for many. In addition to losing livelihoods, many have been greatly disturbed by the limitations on their ability to freely travel. We've put together a short primer on what a state of emergency is and how it affects your rights.
An official "state of emergency", when declared by the governor of a state, is a legal condition that triggers access to extra material, monetary, and sometimes personnel resources to cope with emergencies like natural disasters and pandemics.
Extra resources, however, are not the controversial aspect of a state of emergency, but rather the extra power it provides the governor to restrict certain freedoms afforded to Americans in the Bill of Rights.
Generally speaking, during a state of emergency states are most likely to restrict the right to travel freely. This includes "stay home" orders like many states have recently enacted to prevent the spread of COVID-19, and it also includes interstate travel restrictions as well as curfews.
The goal behind the restriction of rights is only ever to preserve life and property and prevent the citizens of the state from exercising their rights in a way that impedes emergency efforts. Curfews in response to recent riots is one such example.
According to NOLO.com,
"In a 1905 decision, the U.S. Supreme Court held that the “police power” of the states allows “reasonable regulations … as will protect the public health and safety.” Jacobson v. Massachusetts, 197 U.S. 11. What does this mean? In a state of emergency, the government can restrain and regulate certain rights and liberties—such as the freedom to travel—for the greater good. But actions taken must be reasonable and use the least restrictive means (or methods)."
Because disasters and public health emergencies can vary wildly, there is no definitive standard governing which rights states are barred from restricting and which are fair game.
You can write or call your local governing officials, utilize the media via letters to the editor, or contact a lawyer.
Travel restricted? Not a problem! Get urban survival gear shipped directly to your door.
Last Updated: October 10, 2017
Welcome to http://tihk.co/, owned and operated by Quampton LLC (“TIHK”, “we”, “us” or “our”). We are makers of urban survival products, designed and manufactured in the USA. Please read these Terms of Service (“Terms”) carefully because they govern your use of the website http://tihk.co/ (the “Site”), and the content, services, and products available at or through the Site and associated social media profiles. If you have any questions, please contact us. To make these Terms easier to read, the Site, and our products and services and are collectively called the “Services.”
By accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, simply stop using the Services.
We may modify these Terms and our Services at any time, in our sole discretion. If we do so, we’ll make it known on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to Us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.
We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose
Subject to your compliance with these Terms, TIHK grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the content we create, post, upload, or otherwise make available to you (“TIHK Content”) solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You may not: (i) copy, modify or distribute TIHK Content for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute TIHK Content to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of TIHK Content or the Services; or (iv) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any TIHK Content.
Certain of our products may feature sharp objects, or objects with an inherently elevated risk of physical injury. None of TIHK’s products are designed with testing and components for a level of reliability suitable for use in or in connection with surgical implants or as critical components in any life support systems. None of TIHK’s products are intended as a medical or life saving device.
In any application, including the above, where a product use would create a risk of harm to property or person (including the risk of bodily injury and death) it is the sole responsibility of the persons contemplating such use to comply with all applicable laws, regulations, codes and standards. To avoid damage, injury, or death, the user must take reasonably prudent steps to protect against failures. The user is ultimately responsible for verifying and validating the suitability of TIHK products whenever you intend to use any such product.
Certain of our products may contain features that may be regulated in your state. You are solely responsible for complying with local, state and federal laws. Your use of the product is at your risk and discretion. We are not responsible for your use of the product in any way including complying with any application laws or regulations in your state.
TIHK offers you the several shipping options to ensure delivery of your purchased items. TIHK does not and cannot control the delivery carrier’s estimated or actual time of delivery of the items, and TIHK does not and cannot take the responsibility of ensuring that you have received your items. Please enter an accurate and accessible shipping address to ensure prompt delivery.
Orders that contain a combination of in-stock and back ordered items will ship once all products are in stock.
If you are unsatisfied with your items for any reason, you may return it within thirty (30) days from delivery. Items must be unused and in original packaging. Please contact us with your order number to initiate a return. Any custom/built-to-order items are not returnable. To return your product, you should mail your product to:
1941 1st Ave S #3E
Seattle, WA 98134
You are responsible for your own shipping costs for returning your item(s). Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.
TIHK warrants its products from defects in materials and workmanship for a period of thirty (30) days from delivery. This limited warranty shall not apply to damages due to: a) abuse, misuse, or neglect of the purchased item(s); b) modifications or repairs made to purchased item(s), other than those made by TIHK; c) improper use; or d) excessive mechanical, physical, electrical stress, or environmental stress on the purchased item(s).
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved for a refund, it will be processed, and a credited to your original method of payment automatically. If you have requested an exchange, we will notify you of shipment of the items upon shipment.
The Services may contain links to or advertisements of third-party websites or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Upon any termination, discontinuation or cancellation of Services to you, all provisions of these Terms which by their nature should survive will survive, including, without limitation indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You agree to defend, indemnify and hold harmless TIHK, or its officers, directors, employees agents, suppliers and partners, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: a) your use of and access to the Services; b) your violation of these Terms; or c) your violation of any third party right, including without limitation any copyright, property, moral or privacy right. This section shall survive these Terms and your use and termination of the Services.
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
NEITHER TIHK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR TIHK CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLASSPOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL TIHK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO TIHK FOR USE OF THE SERVICES OR TIHK CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TIHK, AS APPLICABLE.
TIHK is in no way responsible or to be held liable for any claims, including for physical, bodily or financial injury, arising out of your use of TIHK product(s) on the whole, and your use of TIHK product(s) in your state, and you are subject to the additional terms and policies of each applicable private venue, local, state and federal laws as applicable.
We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice via our contact form.
These Terms, and any future updates we make, constitute the entire and exclusive understanding and agreement between you and TIHK. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. If we provide certain notices or other communications to you, we will place the information on the Site.
TIHK’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative TIHK. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions & contact information
If you have any questions regarding these Terms, please contact us.