Terms of Use

Last Updated March 9, 2017

To ensure a safe and pleasant environment for all of our users, we have established these Terms of Use. These Terms of Use apply when you use our Website and use our mobile applications. In this way, you will know what you can expect from us and what we expect from you. If you are under the age of 18, you may use the Website only with permission of a parent or guardian. The goal of the Service is to provide access to our auto paint products.

Disclaimers and Limitation of Liability

Except where otherwise noted, and to the fullest extent of the law, you agree that the use of the Service is at your sole risk. Neither the Company, its employees, directors, officers, agents, third party service providers warrant that the Service will be uninterrupted or without errors. Nor do they make any warranty as to the results that may be obtained from the use of Service, or as to the accuracy or reliability of any information or content provided through the Service. The Service is provided on an ‘as-is’ basis and the Company disclaims warranties of any kind, either express or implied.

Under no circumstances shall the Company be liable for any direct, indirect, incidental, special or consequential damages, including without limitation lost profits that result from the use of or inability to use the service. The Company is not liable for damages resulting from mistakes, omissions, deletions of data, errors, defects, viruses, delays, or any general failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Company’s Service components.

Prices for all products are exclusive of federal, state and local taxes.

The Company reserves the right to refuse to accept and/or process any customer orders, promotions and discounts.

Prohibited or Unlawful Use

You are being given the right to access and use the Website strictly in accordance with these Terms of Use. As a condition of your use of the Website or Service, you warrant to the Company that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, and any software and data used on the Site, is the property of the Company and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Site does not entitle you to make any unauthorized use of any protected content. You will make no use of the content of the Website without the express written permission of the Company and/or copyright owner.

Use of Public Forums

The Company does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to all such Content, you grant the Company the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Service. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post.

No Content you submit will be considered confidential. The Company, and their respective employees, directors, or officers shall not be liable for any use or disclosure of any User Submissions.

Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind relating to providing, posting, transmitting or making available through the Service the User Submissions to the Company, or the Company receiving, evaluating, and utilizing the User Submissions.

In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public commenting forum, any other portion of the Service, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is in breach of these Terms of Use.

You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.

The Company is not responsible for any user content submissions or material appearing in any public forum on the Service, except for Content created by the Company. We retain, however, the rights set forth below in The Company’s Rights section.

Distribution/Uploading by Users of Third Party Content

Except as otherwise set forth in these Terms of Use, you agree not to upload to or otherwise distribute on the Service any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third party Content is illegal and could subject you to personal liability for damages. You, not the Company, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.

Compliance with Laws and Export Regulations

You agree to use the Content and this Service in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Service to either a foreign national or a foreign destination in violation of such laws.

The Company’s Rights

The Company is not responsible for screening, policing, editing, or monitoring user content. However, the Company may elect, but is not obligated, to monitor or remove, electronically or otherwise, areas of the Service and may disclose any Content, records, or electronic communication of any kind and information you provide to the Company.

The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems in its sole discretion to be harmful to users of the Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company, or any rights of the Company or any third party, or to violate any applicable law.

Online Conduct

Any conduct by you that in the Company’s sole discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service in accordance with these Terms of Use and only for lawful purposes.

You agree that you will not use the Service to send unsolicited promotional material, advertising, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. The provisions of these Terms of Use are for the benefit of the Company, and the Service Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.

Privacy Policy

We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy policy as a result. In our Privacy Policy, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy.

Indemnity

Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, and any of their respective officers, directors, agent or employees, from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (i) your use (or use by any third party using your account) of the Service, including in violation or breach of the Terms of Use, (ii) your User Submissions or (iii) your violation of any applicable law, rule or regulation.

Termination of Usage

The Company may terminate your access, or suspend your access to all or part of the Service, without notice, for any reason, including conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, the Company.

Severability

If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of this these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and the Company are protected to the greatest extent possible.

Governing Law, Waiver of Jury Trial & Arbitration

The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, manufacture, production, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all services and products of the Company, through all merchandising channels, including but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device or the Content (collectively referred to as “Claims”), shall be governed by the internal substantive laws of the State of Oregon without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration.

You agree that THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL.