The following Terms and Conditions govern your “use” of the website at www.speedpaintingtools.com (“Website”) operated by Speed Painting, Inc. (“Speed Painting”) and the purchase of any product(s), including but not limited to Door Deckers, Cabinet Deckers, and on edge drying adapters (“Product”) and/or your access, download, and use of the content, data and materials available or generated on the Website (“Content”).
BY USING THE WEBSITE, PURCHASING PRODUCT, AND/OR USING THE CONTENT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH SPEED PAINTING THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE, PURCHASE PRODUCT, OR ACCESS, DOWNLOAD, OR USE THE CONTENT. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Product, Website, and/or in any way, your only recourse is to immediately discontinue use of the Product and/or Website. Speed Painting has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution.
Speed Painting does not sell Product or services to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.
All sales are subject to availability and we reserve the right to limit quantities and to discontinue Product, even if you have already placed your order. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. All prices are subject to change without notice.
Failure to pay for any Product purchased on the Website, for any reason, may result in legal action against you. In addition to such other remedies as it may have, Speed Painting shall be relieved of its obligation to provide the Product, and the full amount due shall immediately become due and payable by you. You must also reimburse Speed Painting for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.
By purchasing Product and/or accessing, downloading, or using the Content or Website, you represent and warrant to Speed Painting that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these Terms and Conditions; (ii) you shall comply with all Terms and Conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, our legal name, address, telephone number and credit or debit card information; and (iv) you are an authorized user of the credit or debit card used for this transaction.
2. Independent Review and Safety
We trust that you know your product needs and have conducted an independent review and research on the Product and any necessary due diligence. You are responsible for using the Product consistent with product specifications, common sense and safety.
3. Limited license
Subject to compliance with these Terms and Conditions, you are granted a nonexclusive, nontransferable, limited license to use the Website and Content.
You agree not to download, copy or use the Website and/or Content except as expressly permitted by these Terms and Conditions. You shall not transfer, sublicense, rent, lease or lend the Website and/or Content to any third party. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Website and/or Content without the express, written permission of Speed Painting.
You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the Website and/or Content.
Speed Painting may from time to time, but is not obligated to, issue updates, modifications or upgrades to the Content and/or Website, and may do so with automatic electronic updates. You consent to such automatic updates and agree that these Terms and Conditions apply to such updates.
5. Incorporation Of Other Documents
6. Intellectual Property Rights
© 2018 Speed Painting, Inc. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Product, Website and Content (in both print and machine-readable forms) belong to Speed Painting. You shall not in any manner violate or attempt to impair the Rights of Speed Painting in the Product, Website and Content. Unless otherwise noted, other Speed Painting graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of Speed Painting in the U.S. and/or other countries. Speed Painting’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
(U.S. Reg. No. 5,051,106) and DOOR DECKERS (U.S. Reg. No. 3,260,745) are U.S. trademark registrations of Speed Painting
You agree that any breach of these Terms and Conditions would cause Speed Painting irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Speed Painting may be entitled, you agree that Speed Painting may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement. Any breach of these Terms and Conditions shall result in immediate termination of the license provided for herein.
7. External Links and Trademarks
The Website may contain links to external third-party websites. By providing links to other sites, Speed Painting does not guarantee, approve, or endorse the information or product available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to the Speed Painting website.
Suppliers and advertisers may have trademarks that are shown on the Website. These trademarks are property of their respective owners. You acquire no rights in such content.
Speed Painting reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these Terms and Conditions. Upon termination by Speed Painting, you must immediately cease using the Content and/or Website. Speed Painting may also suspend or discontinue the Content and/or Website without notice.
The Payment, Independent Review and Safety, Updates, Incorporation of Other Documents, Intellectual Property Rights, External Links and Trademarks, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Arbitration, Governing Law and Venue, No Waiver, No Assignment, Severability, and Changes to These Terms sections shall survive any termination of your use of the Website, or expiration of this Agreement.
Notwithstanding Speed Painting’s termination rights, Speed Painting may also establish limits concerning use of the Content and/or Website, including the maximum number of days that Content will be retained by the site, and the frequency with which you may access the Content or Website.
9. DISCLAIMER OF WARRANTIES
THE PRODUCT, CONTENT, AND/OR WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPEED PAINTING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, CONTENT, AND/OR WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPEED PAINTING DOES NOT WARRANT THAT THE OPERATION OF THE CONTENT AND/OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. SPEED PAINTING SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE CONTENT AND/OR WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF SPEED PAINTING. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT, CONTENT, AND/OR WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF SPEED PAINTING.
SPEED PAINTING ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE AND/OR CONTENT; HOWEVER, SPEED PAINTING DOES NOT WARRANT THAT ANY PRODUCT, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER, DELIVERING A PRODUCT OR OTHERWISE, SPEED PAINTING RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY IF NECESSARY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL THE ORDER AND REFUND ANY AMOUNT CHARGED.
UNLESS SPEED PAINTING IS THE SHIPPING PARTY, SPEED PAINTING SHALL HAVE NO LIABILITY FOR ANY DAMAGE, DELAY OR FAILURE TO SHIP OR DELIVER PRODUCT. SPEED PAINTING’ RESPONSIBILITY FOR PRODUCT, IF ANY, SHALL TERMINATE WHEN PRODUCT IS DELIVERED TO A SHIPPING AGENT AND YOU AGREE TO LOOK TO SUCH ENTITY FOR ANY DAMAGES SUSTAINED IN SHIPPING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. LIMITATION OF LIABILITY
YOU ASSUME ALL LIABILITY FOR ANY DAMAGE OF ANY KIND WHICH MAY RESULT FROM USE OR MISUSE OF PRODUCT BY ANY EMPLOYEES, PERSONS, THIRD-PARTIES, OR AGENTS, INCLUDING THOSE UNKNOWN TO SPEED PAINTING OR YOU.
IN NO EVENT SHALL SPEED PAINTING AND (AS APPLICABLE) SPEED PAINTING’S SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, ATTORNEYS FEES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS LIABILITY LIMIT APPLIES EVEN IF SPEED PAINTING OR A THIRD-PARTY ACTED NEGLIGENTLY.
SPEED PAINTING’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SPEED PAINTING’S SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, AGENTS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE PURCHASE PRICE YOU PAID FOR THE PRODUCT(S) AT ISSUE; OR (B) REPLACEMENT OF THE PRODUCT, IN OUR DISCRETION. YOUR REMEDY, AS LISTED IN THIS PARAGRAPH, SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SPEED PAINTING. SPEED PAINTING WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD-PARTY WHO IS JOINTLY LIABLE TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SPEED PAINTING AND (AS APPLICABLE) SPEED PAINTING’S SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, AGENTS, EMPLOYEES AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE PRODUCT, CONTENT, OR WEBSITE; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) PRODUCT, WEBSITE, OR CONTENT MISUSE; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (E) ANY CONTENT YOU DOWNLOAD, STORE, OR OTHERWISE TRANSMIT THROUGH THE WEBSITE; (F) ANY FEEDBACK YOU PROVIDE; OR (G) YOUR CONDUCT IN CONNECTION WITH THE WEBSITE, PRODUCT, AND/OR CONTENT.
13. GOVERNING LAW AND VENUE
THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN POTTER COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
14. No Waiver
The failure of Speed Painting to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
15. No Assignment
These Terms and Conditions may not be assigned or transferred by you. Speed Painting may freely assign and/or transfer its rights and obligations under these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful or unenforceable then that provision shall be deemed severable from these Terms and Conditions and such severed provision shall not affect the validity and enforceability of the remaining provisions.
17. Changes To These Terms
These Terms and Conditions may be changed by Speed Painting immediately upon notice. Continued use of the Website and/or Content and/or continued purchase of Product following any change constitutes acceptance of the change.