Overview
The Terms of Service for using this website is as follows:
HotRazzberry operates this website, and references to “we,” “us,” and “our” throughout the site refer to HotRazzberry.com. By using this website and/or making a purchase, you agree to the terms and conditions outlined in these Terms of Service, as well as any additional terms, conditions, policies, and notices referenced on this site. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Before using or accessing any part of the site, please read these Terms of Service carefully. If you do not agree to these terms and conditions, you may not use the website or any of its services. Your use of the site constitutes your acceptance of these Terms of Service.
If any new features or tools are added to the current store, they will also be subject to the Terms of Service. The most up-to-date version of the Terms of Service can be found on this page, and we reserve the right to update, change, or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically review this page for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Online Store Terms
By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you are of legal age and have given us permission for any minor dependents to use this site.
The use of our products for any illegal or unauthorized purpose is strictly prohibited, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws) while using the Service.
Transmission of any worms, viruses, or malicious code is strictly prohibited.
Any breach or violation of these Terms will result in immediate termination of your Services.
General Conditions
At any time, we reserve the right to decline service to anyone for any reason.
Your content, with the exception of credit card information, may be transmitted unencrypted and undergo changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Without our express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided.
The headings used in this agreement are solely for convenience and will not limit or affect these Terms in any way.
Accuracy & Timeliness Of Information
We cannot be held responsible if the information available on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information purposes only and should not be the sole basis for making decisions without consulting more reliable and timely sources of information. Relying on the material on this site is entirely at your own risk.
This site may include certain historical information, which is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, without any obligation to update the information on our site. You agree that it is your responsibility to monitor any changes to our site.
Changes To The Prices And Service
Our product prices are subject to change without prior notice.
We retain the right to modify or discontinue the Service, or any part of it, at any time and without notice.
We are not liable to you or any third-party for any modification, price change, suspension, or discontinuation of the Service.
Products And Services
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are only eligible for returns or exchanges according to our Return Policy.
We have attempted to display the colors and images of our products as accurately as possible on the website. However, we cannot guarantee that the colors displayed on your computer monitor will be precise since everyone’s screen/display on their device is different.
In order to match the spraypaint colors as close as possible, we retrieved the hex code for each individual color from the manufacturer’s website and/or the color chart(s) available for each range of paint. If you have any questions about colors or color availability please contact us by using this contact form and someone will respond as soon as possible.
We retain the right, but are not obligated, to restrict the sale of our products or services to specific persons, geographic regions, or jurisdictions. We may apply this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered by us. All descriptions of products or product pricing are subject to change at any time, without prior notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy Of Billing And Account Information
We retain the right to reject any order placed with us through this website. We may restrict or cancel quantities bought per person, household or order at our sole discretion. These limits may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify or cancel an order, we may make an effort to inform you by contacting the email and/or billing address/phone number you provided when you placed the order. We reserve the right to restrict or prevent orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. Also, any orders larger than usual of the same color item or product can be cancelled at our discretion due to people placing large orders then disputing the payment with their credit card company or bank, who in turn takes the payment out of our account.
You acknowledge and accept that you will provide accurate, up-to-date, and complete purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can process your transactions and contact you as needed.
Optional Tools
We grant you access to third-party tools which we do not monitor or control, and we provide no guarantees, representations or conditions of any kind and without any endorsement. Your use of any optional third-party tools is at your own risk and discretion, and you should ensure that you understand and agree to the terms and conditions set by the third-party provider(s) offering the tools.
In addition, we may introduce new services and features on the website in the future, including the release of new tools and resources, which will also be subject to these Terms of Service. We shall not be held liable for any damages or losses resulting from the use of these optional third-party tools or any new services or features on the website.
Third-Party Links
The Service may contain content, products, or services provided by third parties. Additionally, the Service may include links to third-party websites that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party content, products, services, or websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, services, or websites available on or through any such third-party sites or resources.
It is your responsibility to review the policies and practices of any third-party website before engaging in any transactions or interactions with them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies & Omissions
From time to time, our site or Service may contain errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, promotions, offers, product shipping charges, and transit times. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.
We are not obligated to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. We make no guarantees that the information in the Service or on any related website has been modified or updated. Any specified update or refresh date should not be taken as an indication that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
The use of the site or its content is subject to certain prohibitions as set forth in the Terms of Service. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to engage in any form of discrimination, harassment, abuse, insult, harm, defame, slander, disparage, or intimidate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
If you violate any of these prohibitions, we reserve the right to terminate your use of the Service or any related website.
Limitation Of Liability
We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also cannot guarantee that the results obtained from the service will be accurate or reliable.
We reserve the right to remove or cancel the service at any time, without prior notice to you.
Your use of the service is at your own risk. The service and all products and services provided through it are provided “as is” and “as available” without any warranties or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us.
In no event shall HotRazzberry, our employees, affiliates, suppliers, service providers or licensors be liable for any damages of any kind arising from your use of the service or any products procured using the service, including but not limited to direct, indirect, incidental, punitive, special, or consequential damages, even if advised of the possibility of such damages. This includes any claim related in any way to your use of the service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent prohibited by law.
Indemnification
By agreeing to these Terms of Service, you accept to indemnify, defend and hold HotRazzberry and its employees, licensors, suppliers, service providers, subcontractors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party arising from or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
The parties shall remain obligated and liable for any obligations and liabilities incurred before the termination date, which shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain in effect unless terminated by either party. You can terminate these Terms of Service by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If we, at our sole discretion, suspect that you have failed to comply with any term or provision of these Terms of Service, or if you have actually failed to comply with any term or provision, we may terminate this agreement without notice, and you will be responsible for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof) accordingly.
Entire Agreement
The fact that we do not exercise or enforce any right or provision of these Terms of Service does not waive that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or regarding The Service, constitute the entire agreement and understanding between you and us, governing your use of the Service and replacing any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any uncertainties in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
Changes To Terms Of Service
At any time, you may access the most up-to-date version of these Terms of Service on this page.
We may, at our sole discretion, modify, replace, or update any portion of these Terms of Service by posting the updated version on our website. You are responsible for reviewing our website periodically to be aware of any changes. By continuing to use or access our website or the Service after we post any modifications to these Terms of Service, you accept and agree to those changes.
Contact Information
Questions about the Terms of Service should be sent to info@hotrazzberry.com.