Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
“SplattRak™” is Trademarked
• Only intended as a paintball gun stand, rest, rack, or cradle.
• “Helps” to protect paintball gun, makes no statement of protection against damage to paintball gun or tank or any parts of the paintball gun.
• For use “off” the playing field only
• Not responsible for any injuries incurred while using the SplattRak™ Paintball Gun-Stand
• Not liable for any paintball gun damage, or personal injury, emotional or mental injury incurred while using the SplattRak™ paintball gun-stand.
• Do not use paintball gun, while resting paintball gun on SplattRak™ paintball gun-stand
• All materials used in the making of the SplattRak™ are safe and not intended for consumption.
• Is not recommended for use in temperatures above 120 degrees or below 35 degrees.
• Not liable for any misuse of SplattRak™ paintball gun-stand.
• Not liable for any adjustments, modifications or customizations of the SplattRak™ paintball gun-stand.
• The SplattRak™ paintball gun-stand may become slippery from oils, lubricants, sweat and weather (such as rain, snow etc…) and we claim no responsibility of any product damage or physical or mental or emotional injury incurred.
• Recommended storage is in a cool, dry place.
• It is the users’ responsibility to keep the SplattRak™ paintball Gun-Stand free of dirt, oils, debris, etc… that might cause damage to the paintball gun.
• The SplattRak™ makes no other claims for usage, other than to rest the paintball gun on while “off” of the field of play.
• The SplattRak™ paintball Gun-Stand comes “As Is”, and makes no other claims.
• The SplattRak™ is intended for use as a Paintball Gun-Stand in the “upright” position only.
• Not intended as a Paintball Gun-Stand while in the folded or collapsed position.
• Claims no responsibility if the SplattRak™ paintball gun-stand disengages from the upright or folded (collapsed) positions.
• No lubrication is recommended for the SplattRak™ paintball Gun-Stand as this may cause damage to plastic parts.
• SplattRak™ reserves the right to change or modify any of the products and their inherent physical and technical specifications without prior notice.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SplattRak. The collective work includes works that are licensed to SplattRak. Copyright 2003, SplattRak ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SplattRak or purchasing SplattRak products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SplattRak or to purchase SplattRak products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SplattRak. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of SplattRak used in the site are trademarks or registered trademarks of SplattRak
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SplattRak disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SplattRak does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SplattRak does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
SplattRak shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SplattRak has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a SplattRak product is mistakenly listed at an incorrect price, SplattRak reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SplattRak reserves 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 cancelled, SplattRak shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SplattRak without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SplattRak may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SplattRak.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SplattRak products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SplattRak products) must be commenced within one (1) year after the claim or cause of action arises. SplattRak's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SplattRak may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SplattRak or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
SplattRak does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SplattRak is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SplattRak reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SplattRak in its sole discretion.
You agree to indemnify, defend, and hold harmless SplattRak, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, SplattRak may link to sites operated by third parties. However, even if the third party is affiliated with SplattRak, SplattRak has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SplattRak. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SplattRak seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).