Website Terms of Use

Website Terms of Use

 

This Website is operated by “The Sprayzi Company L.L.C.”, a Texas limited liability company (referred to herein as “Sprayzi”, “we”, “us” and “our”). Your use of this Site is subject to the following terms and conditions (the “Terms of Use”). These Terms of Use also incorporates our Privacy Policy as if set forth at length herein. The Privacy Policy is located at: https//sprayzi.com/privacy-policy

 

1. Consent: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of this Site and receipt of data, materials and information available at or through this Site.

 

1. Additional Terms: Note that special terms apply to some services offered on this Site, such as subscription-based services, product purchases, rules for contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

 

1. Modification: We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions at the time of your visit to this Site. You should visit this page from time to time to review the current terms. We may change this Site or delete Content (as defined in Section 6 below) or features of this Site at any time, in any way, for any or no reason at our discretion.

 

1. Conditions to Use this Site: Your permission to use this Site is conditioned upon your agreement that you:

• will comply with these Terms of Use;
• are at least 13 years of age;
• will not copy or distribute any part of this Site in any manner without our prior written consent;
• will not use this Site for any commercial purposes other than the specific commercial activities contained on this Site and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers.

 

1. Products: The following terms in these Terms of Use are applicable to those who make a purchase of goods through this Site.

• Product Descriptions. We make great effort to put accurate product information, descriptions and images on this Site, but will not be held responsible for any mistakes or omissions to any information made available. The descriptions of products are subject to change at any time without notice, at our sole discretion.
• Prices. Prices for our goods are subject to change without notice. Prices on this Website do not include delivery charges. Any delivery charges are clearly listed before checkout. We shall not be liable to you or any third party for any price change.
• Modifications. Prices for our goods are subject to change without notice. We reserve the right at any time to modify or discontinue any goods (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension or discontinuance of any of our goods.
• Tax. If required by law, tax will be collected from a user at the time of purchase.
• Method of Payment. We accept the following methods of payment: Credit card.
• Unavailable Products. If, after purchasing and completing payment for a product, that product is unavailable, we will contact you to inquire about whether you want to wait until the product is available. If within 30 days we receive no response, you will be refunded the purchase price, including any amount paid for delivery, within 30 days. If no response is received and the product becomes available within 30 days, we will promptly ship the product to you. If an unavailable product will not be restocked, we will refund you.
• Discretion. We reserve the right but are not obligated, to limit the sales of our goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any goods made on this site is void where prohibited.

 

1. Copyright: All information, materials, functions and other content provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

 

1. Trademarks: Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

 

1. Product Returns – Limited Warranty:

• Limited Warranty: Sprayzi warrants to purchasers of its products via this Site that the products will be free from defects in materials and workmanship at the time of shipment of the products to the customer for a period of one year (the “Limited Warranty”). Sprayzi’s SOLE OBLIGATION and customer’s SOLE REMEDY in the event of a defect covered by this warranty will be, at Sprayzi’s option, to (a) replace the defective product, or (b) refund to customer the purchase price paid by customer for such defective product. 
• Satisfaction Promise: If you purchase a Sprayzi product directly from us, and if for any reason the product does not perform as advertised and described by “ The Sprayzi Company L.L.C.”, you may contact us within 30 days of the date of purchase to request a full refund. If you wish to receive a refund for a product under this policy, we may require you to return the item to us. In that event, you will be responsible for the payment of any shipping costs to return the original item to us. Upon our timely receipt of the returned item (if required) a refund of the purchase price (less shipping costs) will be issued to you. Items designated by us at the time of sale as nonreturnable, discontinued, or seasonal are not eligible for a refund under this policy. 
• Sales Receipt Required. If you do not have your original sales receipt, we reserve the right to refuse to honor your product replacement, exchange, or refund request. 
• Questions. If you have any questions about product returns, discrepancies, back-ordered items, or anything else concerning the above policies, please contact us at (844) 777-2994 or support@sprayzi.com.
• The above Limited Warranty and Satisfaction Promise DOES NOT apply to products purchased or obtained from sellers other than Sprayzi or an authorized Sprayzi Distributor.

 

1. Use of This Site and Content: We grant you a limited license to access and make personal use of this Site and the Content, subject to these Terms of Use. Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where this Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.  We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.

 

1. Linking: Links to third party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third-party sites (if any) and do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked from this Site, you do so at your own risk.

 

No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your website, please submit your request to support@sprayzi.com. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of “The Sprayzi Company L.L.C.” a website that links to this Site:

 

• Shall not imply, either directly or indirectly, that Sprayzi is endorsing its products;

• Shall not use any of our Trademarks or the Trademarks of our licensors;

• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;

• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;

• Shall not present false or misleading information about us or our products;

• Shall not misrepresent any relationship with us;

• Shall not replicate in any manner any content in this Site; and

• Shall not create a browser or border environment around this Site’s material.

 

1. Claim of Copyright Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following: 

 

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a list of such works;

• The exact URL or description reasonably sufficient to permit us to locate where the alleged infringing material is located on this Site;

• Your name, address, telephone number and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

 

Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached at support@sprayzi.com.

 

1. International: This Website is located and intended for viewing and use in the United States and is subject to United States laws. If this Site is viewed outside of the United States you are responsible for compliance with applicable local laws within your jurisdiction as well as those constituted by the United States. If your use of this Website is against the laws of your jurisdiction, it is your sole responsibility to refrain from the use of this Website.

 

1. Privacy: “The Sprayzi Company L.L.C.” respects your privacy and the privacy of other visitors to this Site. To learn about our privacy practices and policies, please see our Privacy Policy at: https//sprayzi.com/privacy-policy

 

1. Children: Children under the age of 13 may not purchase products through this Site. Sprayzi does not solicit or knowingly collect personally identifiable information from children under the age of 13. If we obtain actual knowledge that we have collected personally identifiable information from a child under the age of 13, we will immediately delete such information from our database. Because Sprayzi does not collect personally identifiable information from children under the age of 13, Sprayzi has no such information to use or disclose to third parties.

 

1. General Maintenance: We may make this Site unavailable for periods of time for general maintenance. The length of such unavailability will be kept to a minimum, but we offer no guaranty as to a length of time this Site may be unavailable. We are not liable for any issue that may arise from such unavailability.

 

1. Termination: “The Sprayzi Company L.L.C.” reserves the right to alter or discontinue this Site or any of the products or services provided herein at any time without prior notice. We also reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of These Terms of Use. A termination will result in the immediate cessation of access to this Site. The Disclaimers of Warranty and Limitation of Liability, and Indemnity sections shall survive the termination of the agreement between you and us.

 

1. Disclaimer of Warranties: Except as otherwise explicitly set forth herein, we provide this Site and the related goods and services “as is”, “where is”, and “as available”. Except as explicitly provided herein, we make no express and/or implied warranties or guarantees about this Site or the goods and services described thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THIS WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THIS WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL.

 

1. Limitation of Liabilities: WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE DISPUTES OR CLAIMS WITH US IS TO CEASE USE OF THE WEBSITE. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

1. Governing Law, Jurisdiction and Venue: This Site is created and controlled by us in the State of Texas. The laws of the State of Texas govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or this Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Rockwall County, State of Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

1. Indemnity: You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Use; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights.

 

1. General Provisions:

• We make no representations that the Content on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
• If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
• No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
• YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

1. California Privacy Rights: Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Sprayzi has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2022 will receive information about 2021 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please contact us at support@sprayzi.com. 

 

You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.

 

Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Sprayzi Independent Distributor if you would like to obtain information about any disclosure that they have made of your personal information.

 

1. Contacting Us: You may contact us regarding these Terms of Use or this Site by email (support@sprayzi.com) or phone (844-777-2994).

 

1. Effective Date: These Terms of Use are effective as of March 24, 2022 and shall remain in effect until modified and/or updated as provided in Section 3 above.