TERMS AND CONDITIONS
Welcome to www.kobrapaintusa.com (the “Site”). Kobra Paint USA provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In this regard, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service; such are incorporated into the Agreement by reference. Kobra Paint USA reserves the right to change the Site and the terms and conditions associated therewith at any time. In view of the foregoing, please read the Agreement carefully before proceeding.
- A. USE OF SITE
First and foremost, should you be making a purchase through the Site, you hereby represent and warrant that you are at least 18 years old. In this regard, Kobra Paint USA expressly forbids any and all purchases through the Site to be made by individuals under the age of 18 years. Additionally, please note that Kobra Paint USA does not encourage, support, or condone illegal graffiti in any manner; such is not the intended use of our products. Kobra Paint USA may periodically support events and competitions that are graffiti-related; however, any paint supplied in connection therewith is always provided with the intent that it be used for legal activities, including legal art-related purposes. Kobra Paint USA believes that graffiti is a legitimate art form, which is why Kobra Paint USA maintains an interest in supporting it when done legally and legitimately. In view of the foregoing policy, Kobra Paint USA will not be held responsible for the intentional misuse of its products.
Subject to the terms and conditions of the Agreement, Kobra Paint USA hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser. The sole purpose of the aforementioned license is to permit you to browse and enjoy the Site’s content, as well as to make purchases of products made available thereon. The purpose of the aforementioned license does include the furtherance of any commercial use or use on behalf of any third party, except as expressly permitted by Kobra Paint USA. Any breach of the Agreement may result in the revocation of the license granted in this paragraph.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, or otherwise exploit the Site or any portion thereof unless expressly permitted by Kobra Paint USA. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless expressly permitted by Kobra Paint USA. Kobra Paint USA reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, particularly if it is believed that you have violated applicable law.
You shall not upload to, distribute, or otherwise publish through the Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the laws of the United States (U.S.) or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on the Site are that of the individual expressing the same and such may not reflect the opinions of Kobra Paint USA.
Kobra Paint USA may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of the Agreement, and Kobra Paint USA has no obligation to investigate the authorization or source of any such access or use of the Site. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification, or any other breach or threatened breach of the Site’s security. In this regard, you will be solely responsible for all access to and use of the Site associated with the password and identification originally assigned to you.
- B. PRIVACY
In compliance with the laws of the State of Florida, Kobra Paint USA respects and upholds your right to privacy protection as it pertains to the collection, use, disclosure, and handling of your personal information. In this regard, Kobra Paint USA will only collect your personal information with your consent, but may do so in many different ways, such as: when you apply for a credit account with us; when you contact us with an enquiry or complaint, when you apply, or have your personal details forwarded to us, for an employment opportunity with us; when you participate in our consumer promotions or other marketing activities; from credit reporting agencies or organizations that you have nominated as references; and through the Site. Once collected, your personal information will never be sold or rented to a third-party. Kobra Paint USA may disclose your personal information to credit providers, credit reporting agencies, and outsourced service providers who manage the services we provide to you, including mailing, promotional, marketing, and research activities. Kobra Paint USA may also disclose your personal information if legally required by statute or court order.
In view of the foregoing, Kobra Paint USA will take all reasonable steps to maintain the security and integrity of your personal information. In this regard, please note that the Site may contain links to outside sites that operated by third parties. Kobra Paint USA makes no representations or warranties as to the privacy practices of any third-party site and is not responsible for the manner in which any third-party determines to handle your personal information.
If your personal information changes, or if you no longer wish for Kobra Paint USA to keep your personal information on file, Kobra Paint USA will endeavour to provide a way to correct, update, or remove your records. Additionally, if you wish to access your personal information or have any questions in relation to the treatment of your personal information, please contact Kobra Paint USA utilizing the contact information provided on the Site.
Additionally, while Kobra Paint USA respects and upholds your right to privacy protection as it pertains to your personal information, it reserves the right to utilize any commentary posted to the Site for promotional purposes.
- C. INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Kobra Paint USA or its affiliates. The collection, arrangement, and assembly of all the Content on this Site (the “Compilation”) belongs exclusively to Kobra Paint USA or its affiliates. All software used on the Site (the “Software”) is the property of Kobra Paint USA, its affiliates, or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. Kobra Paint USA, as well as the other logos, slogans, and trade names set forth on the Site, are registered trademarks or service marks of Kobra Paint USA, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. In this regard, you may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. Additionally, you may not use our trademarks or service marks in any manner that disparages or discredits us.
- D. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Kobra Paint USA may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under the Agreement. Upon any termination of the Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password and account identification issued to you and deny your access to and use of the Site in whole or in part. Any termination of the Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.
- E. ACCESS TO THE SITE
Kobra Paint USA is a business organized and operating under the laws of the State of Florida. In this regard, Kobra Paint USA conducts business through the Site in the State of Florida and in compliance with the laws thereof. As such, any and all transactions conducted through the Site shall be deemed to have taken place in the State of Florida and not at any other location located outside thereof. While the Site may reference and provide access to products that are not available in other states of the U.S. or other locations situated outside the U.S., any such references do not imply that such products will be made available by Kobra Paint USA or the Site. As such, if you access and use the Site outside the State of Florida, please note that you are responsible for complying with your local laws and regulations.
- F. PRICING AND PRODUCT INFORMATION ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, Kobra Paint USA shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kobra Paint USA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kobra Paint USA shall immediately issue a credit to your credit card account in the amount of the charge.
- G. APPLICABLE LAW AND REMEDIES
As Kobra Paint USA and the Site are organized and operated under the laws of the State of Florida, the laws of the State of Florida shall govern the disclaimers, terms, and conditions set forth in the Agreement. In this regard, except to the extent that such is inconsistent with the laws of the State of Florida, Kobra Paint USA shall be entitled to specific performance, injunctive relief, legal damages, and/or reasonable expenses including legal fees, in the case that you cause or threaten breach of any contract entered into with Kobra Paint USA. No right or remedy of Kobra Paint USA shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees, and expenses. Moreover, in no instance shall any waiver of rights and/or remedies granted by Kobra Paint USA under these terms and conditions shall imply any obligation by Kobra Paint USA to grant any future waiver.
- H. SEVERABILITY
Should any provision set forth within the Agreement be deemed invalid, void, or unenforceable for any reason, that condition shall be deemed entirely severed from the Agreement and shall not affect the validity and enforceability of any remaining provision of the Agreement.