Terms and Conditions & Product Liability
Welcome to Door Rack Painter!
These terms and conditions outline the rules and regulations for the use of Door Rack Painter LLC’s Website, located at doorrackpainter.com. By accessing this website, we assume you accept these terms and conditions. Do not continue to use Door Rack Painter if you do not agree to all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Door Rack Painter LLC and/or its licensors own the intellectual property rights for all material on Door Rack Painter. All intellectual property rights are reserved. You may access this from Door Rack Painter for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Door Rack Painter
Sell, rent or sub-license material from Door Rack Painter
Reproduce, duplicate or copy material from Door Rack Painter
Redistribute content from Door Rack Painter
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Door Rack Painter LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Door Rack Painter LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Door Rack Painter LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Door Rack Painter LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Door Rack Painter LLC a non-exclusive license to use, reproduce, editand authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Door Rack Painter LLC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Door Rack Painter LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Door Rack Painter LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
The information and services on the website will not be liable for any loss or damage of any nature.
Product Liability Disclaimer
Door Rack Painter LLC DBA Door Rack Painter, herein referred to as “Door Rack Painter” offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Door Rack Painter’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 14 days from the date of purchase to return the unused product, return shipping costs not included.
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
Our products are designed for professional use only and are not designed nor manufactured as a product for lethal purposes. Our products may not be used for unlawful purposes and such use is expressly prohibited under the terms and conditions of its use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained, from Door Rack Painter’s website or its products.
Limited Replacement Warranty
If anything arrives damaged during shipping or has a defect, the warranty is started by sending an email with subject “Warranty” to firstname.lastname@example.org, Door Rack Painter will instruct you in how to proceed.
High Level of Risk
Products sold by Door Rack Painter include professional-use equipment used to dry, spray and color cabinet doors and other doors by holding doors. Use of our products for this purpose can be associated with a high level of risk, especially if used incorrectly. Risks include but are not limited to serious physical injury, disability and/or death. Users of our products choose to do so at their own risk. Applying paint in a variety of ways can be hazardous to health, and you should always follow local regulated safety guidelines i.e. OSHA.
Assumption of Risk
By buying, using, or allowing the use of Door RackPainter’s products, you understand and agree that the Door Rack Painter equipment, such as this product can be associated with a high level of risk and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING OUR PRODUCTS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Door Rack Painter, including but not limited to equipment failure from whatever cause, or any other fault of Door Rack Painter. Additionally, you agree to indemnify, defend, and hold Door Rack Painter harmless from any third party claims arising from such High Risk Uses, or any use or misuse of our products.
Limitation Of Liability
In no event shall Door Rack Painter be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Use and misuse of products sold by Door Rack Painter involves serious risks including injury, disability and death. Purchasers assume all risks.
Inspect Before Each Use
This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately contact the Door Rack Painter for a replacement.
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Door Rack Painter with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Your order from Door Rack Painter and this disclaimer statement are governed by the laws of the state of California, United States. You hereby consent to the exclusive jurisdiction and venue of San Diego Court, CA in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.
Modification of Terms and Conditions
Door Rack Painter reserves the right to change the terms, conditions, and notices under which its products are offered at any time.
Intellectual Property Rights
The Door Rack Painter system is protected by United States Patent US8066267B2. All intellectual property rights, including but not limited to patent rights, are reserved. Unauthorized use of our patented technology is strictly prohibited and may result in legal action.
You are granted a limited license to use the Door Rack Painter system for its intended purpose, but you are not allowed to:
Reproduce, duplicate, copy, sell, or resell our product for any purpose.
Use our patent-protected technology for your own commercial gain.
Reverse engineer, disassemble, or create derivative works based on our product or any part thereof for any purpose.
This license does not grant you any rights to our trademarks, service marks, trade names, logos, copyright, or other intellectual property.
Content and Liability Disclaimer
Door Rack Painter uses reasonable efforts to include accurate, complete and current information on this site about the products, however, Door Rack Painter does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to understand the product your ordering, its intended uses and limitations. Door Rack Painter reserves the right to make changes and updates to any information contained within this site without prior notice. Some restrictions apply to products and services. Some products and services are not available in all markets — check with the Door Rack Painter customer service. Access to, and use of, this site and the content thereof is at the risk of the user. We have provided links to certain other World Wide Web sites solely for information purposes, and Door Rack Painter is not responsible for the content of any other sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Door Rack Painter MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED WEB SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.
Door Rack Painter Liability
The liability of Door Rack Painter for damages or injury arising out of the use of the Door Rack Painter products, including but not limited to misuse, omissions, tortuous conduct or errors, manufacturing defects, or other defects, use of the products or arising out of failure, whether caused by acts of commission or omission. Further Door Rack Painter shall in no event be liable for any indirect, incidental, special, consequential, exemplary or punitive damages (specifically including-but not limited to-damages for lost profits or lost revenues) a Customer may suffer, whether or not caused by Intentional acts, omissions, or any negligence of Door Rack Painter employees, agents, and regardless of whether Door Rack Painter has been informed of the possibility or likelihood of such damages.
Customer shall indemnify, defend and hold Door Rack Painter, and its, Owners, Employees and Agents harmless from any and all claims, loss, damage, expense (including attorney’s fees and court costs), or liability (including liability for patent infringement) arising from (1) any claims made against Door Rack Painter by any End User in connection with the delivery or consumption of Products, (2) use of facilities furnished by Door Rack Painter in a manner inconsistent with the terms hereof or in a manner that Door Rack Painter did not contemplate and over which Door Rack Painter exercises control and (3) all and any other claim, loss, damage, expense (including attorney’s fees and court costs), or liability arising out of any commission or omission by Customer and End User in connection with the product and website.