TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS GOVERN ALL USE OF THE STUUD SPRAY WEBSITE, INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE STUUDSPRAY.COM. BY USING STUUDSPRAY.COM, YOU AGREE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE STUUDSPRAY.COM WEBSITE AND THE PURCHASE OF STUUD SPRAY PRODUCTS, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO STUUD SPRAY PRODUCTS. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND STUUD SPRAY HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
- CUSTOMERS: All Stuud Spray customers must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.
- ACCESS: You will choose a username (email address) and password to use in establishing and accessing a Stuud Spray customer account. Your account will allow you to purchase products on STUUDSPRAY.COM. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform Stuud Spray of any actual or suspected unauthorized use.
- SECURITY: You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the STUUDSPRAY.COM or of the networks connected to STUUDSPRAY.COM, and to abide by all security policies adopted by Stuud Spray. You acknowledge and agree that, for security purposes, Stuud Spray may monitor your account and your access to and use of STUUDSPRAY.COM. Stuud Spray may at any time terminate or suspend your access to STUUDSPRAY.COM as Stuud Spray considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Stuud Spray may also impose limits on certain features and functions of STUUDSPRAY.COM, or restrict your access to STUUDSPRAY.COM without notice or liability.
- THIRD PARTY WEBSITES: Stuud Spray might provide links to websites operated by others. If you use those websites, you will leave STUUDSPRAY.COM. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Stuud Spray makes no warranty or representation regarding any linked website, the information appearing on those websites or any of the products or services described on those websites. Stuud Spray does not endorse, the information appearing on those websites or any of the products or services described on those websites.
- TRANSACTIONAL DATA: “Transactional Data” means all information collected by Stuud Spray, or to which Stuud Spray has access, that relates to the products you purchase and your use of STUUDSPRAY.COM. You grant Stuud Spray a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Stuud Spray internal business purposes, including the provision of products and services to Stuud Spray customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
- INTELLECTUAL PROPERTY: You acknowledge and agree that all information and content that you access or that is made available to you through STUUDSPRAY.COM, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Stuud Spray, its customers or its suppliers. The United States and international trademark, copyright and other intellectual property right laws protect that information and content.
- DISCLAIMER OF WARRANTIES: ALL STUUD SPRAY PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH STUUDSPRAY.COM ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” STUUD SPRAY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH STUUD SPRAY HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU. STUUD SPRAY DOES NOT GUARANTEE THAT YOUR ACCESS TO STUUDSPRAY.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH STUUDSPRAY.COM WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. STUUD SPRAY WILL NOT BE LIABLE FOR ANY DELAY, DOWNTIME, OR OTHER FAILURE OF PERFORMANCE. SOME STATES DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES. THESE DISCLAIMERS MIGHT NOT APPLY TO YOU, AND THESE WARRANTY DISCLAIMERS WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY ANY FEDERAL, STATE OR LOCAL.
- LIMITATION OF LIABILITY: STUUD SPRAY WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, STUUDSPRAY.COM OR STUUD SPRAY PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF STUUD SPRAY. IN NO EVENT WILL STUUD SPRAY’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF STUUD SPRAY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION HEREIN MAY NOT APPLY TO YOU.
- ASSIGNMENT: Stuud Spray may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Stuud Spray.
- GOVERNING LAW: These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of California. Any action arising out of, or relating to, this Agreement may be brought in courts situated in California, and you consent to the jurisdiction of such courts.
- GENERAL: If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.