TERMS OF USE

Sprayfish, Inc.
Terms & Conditions of Use

Sprayfish, Inc. (“Sprayfish,” “Our,” “We,” or “Us”) owns and maintains www.sprayfishinc.com (“Site”) for promotional and sales-related purposes. This Site is governed by these Terms and Conditions of Use (“Terms”). “You” or “Your” refers to any user of this Site. By using this Site, You agree to be bound by these Terms, and you acknowledge that You have read, and agree to be bound by, the Privacy Policy (“Policy”) that is also found on this Site. You may not use this Site if You do not agree to these Terms, and to the Policy. Please read them carefully. “Content” refers to any text, graphic, logos, emblems, documents, photographs, images, designs, layouts, trademarks, copyrighted materials, trade names, service marks, audio and video presentations, and any other information provided by Us on, or through, this Site, including user interfaces and the selection, arrangement and coordination of such information.

USE RESTRICTIONS

Sprayfish prohibits the copying, reproduction, display, performance, modification, distribution, or transmittal of any Content for any purpose. The trademarks, trade names, service marks, product packaging, designs, and corporate logos and emblems displayed on this Site belong exclusively to Sprayfish, or to Our business partners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark laws. Use of Our HTML, images, ideas or concepts by You for purposes others than those expressed or implied is strictly prohibited and may violate copyright, trademark, or privacy laws, among other laws or regulations. Nothing contained on this Site may be construed as granting any license or right to use any of Our trademarks, or service marks, without Our prior written consent.
You may not: (i) decompile, disassemble, or reverse engineer this Site or otherwise attempt to determine the source code or trade secrets of the Site; (ii) violate or attempt to violate the security of the Site; or (iii) otherwise disrupt or interfere with the operation of the Site. You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from the Content, or from this Site. Using bots, spiders, or other indexing agents to “crawl,” retrieve, or copy all, or any part, of this Site is prohibited. Without Sprayfish’s prior written permission, You may not mirror or archive any Content on any server or computer, or retransmit any Content from this Site, or any modified versions thereof.
To the extent You have accessed a private or password-protected portion of this Site, You agree that You are authorized by Your company to have access to this Site, and agree that You have been granted permission by Sprayfish to access this portion of the Site.

DISCLAIMER OF WARRANTIES

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USE OF, AND ACCESS TO , THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DISCLAIM ANY WARRANTIES AND REPRESENTATIONS THAT THE SITE, OR ANY CONTENT ON THE SITE, IS: (I) NON-INFRINGING; (II) SECURE; (III) VIRUS-FREE; OR (IV) CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR OTHERWISE RELIABLE IN ANY WAY. THE SITE AND CONTENT OF THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE-IS,” AND “AS AVAILABLE” BASIS. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION THAT YOU OBTAIN THROUGH, OR FROM, THE USE OF THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE FEDERAL, STATE, OR LOCAL LAWS. YOU ARE ALSO RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ASSURE THAT ANY MATERIAL YOU OBTAIN FROM THIS SITE IS FREE FROM COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE DEVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SPRAYFISH, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY THEORY OF LAW, TO YOU OR ANYONE ELSE, FOR ANY CLAIM, LOSS, OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR LOSS OF PROFITS, RESULTING FROM, OR OCCASIONED BY, YOUR USE OF, OR RELIANCE UPON, THIS SITE, OR THE CONTENT, REGARDLESS OF THE NATURE, OR CAUSE OF ANY SUCH DAMAGE OR LOSS, AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. IN NO CASE SHALL SPRAYFISH BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.

LINKS TO OR FROM THIS SITE

Sprayfish has no responsibility for the content of third-party websites where access to this Site, or from this Site, is provided via hypertext link. Sprayfish does not make any representations, or give any warranties, with respect to any information contained on these third-party websites. Sprayfish shall not be liable for any damages or injuries arising from the content of, or access to, these third-party websites. Sprayfish does not endorse any entities, companies, individuals, products, or materials on any third-party websites.
Sprayfish provides the links to these third-party websites only as a convenience. If You decide to access these other third-party websites, You do so at Your own risk. Third-party websites contain information created, maintained, published or otherwise posted by an organization independent of, and separate from, Sprayfish. We do not certify, maintain, endorse, approve, or control these other third-party websites. We do not guarantee the accuracy, efficacy, completeness, timeliness, or correct sequencing of information located on these third-party websites. We are not responsible for ensuring that other third-party websites are free from computer viruses, worms, Trojan horses, or other destructive devices. Neither the inclusion of a link in this Site, nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise, constitutes or implies recommendation, endorsement, or favoring by Sprayfish. Use of any information obtained from third-party websites is at Your own risk.

CHANGES TO THIS SITE OR TERMS

Sprayfish may change or discontinue this Site, or change any Content, at any time without prior notice. We have no obligation to inform You of such changes. Your continued use of the Site after such changes have been posted will constitute Your acceptance of the changes.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sprayfish and Sprayfish’s officers, directors, employees, contractors, agents, attorneys, licensors, and suppliers, for, from and against any and all losses, liabilities, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees and court costs), incurred by any third party due to, arising, or resulting from, any violation of these Terms, or any activity related to use of this Site (including, but not limited to, negligent or wrongful conduct), by You, or any authorized or unauthorized user accessing any password-protected area of this Site using Your internet account or password. If You cause a technical disruption of the Site or the systems transmitting the Site, You agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising, or resulting from, that disruption.

MISCELLANEOUS

These Terms, and Your use of the Site or Content, will be governed by, and construed in accordance with, the laws of the State of Washington, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, and Your use of the Site or Content, will be an appropriate state or federal court located in Washington. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. Sprayfish reserves the right to seek all remedies available at law, and in equity, for violations of these Terms, including suspension, or blocking, of Your access to this Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provisions or Our legal or equitable right. If any provision or portion of these Terms is, or becomes, invalid under any applicable law, regulation, judgment, or order, it will be deemed to be reformed to most nearly effectuating the intent of the parties as reflected herein and as enforceable under applicable law. In such a case, the rest of these Terms will remain in full force and effect.

FEEDBACK, QUESTIONS AND COMMENTS

We welcome questions, comments and other feedback. We reserve the right not to review or respond to any such correspondence, within Our sole discretion. Please also be aware that Sprayfish will treat all such communications as non-confidential and may reproduce, use, disclose, and distribute them without notice or obligation to You. If You have any questions about the Terms of this Site, please direct them to Shawn Backman, owner and office manager, at shawn@sprayfishinc.com.
Effective October 1, 2019
This policy was last updated October 1, 2019