Terms of Service

Last updated July 1, 2021

Agree to Terms

These Terms of Use constitute a binding agreement between you (whether acting in your individual capacity or on behalf of an entity ("you")) and MES Paint & Detail Supplies ("Company," "we," "us," or "our"), concerning your access to and use of the https://devosverf.shop website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Website"). You agree that by accessing the Website, you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to all terms of these Terms of Use, you are expressly prohibited from using the Website and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted from time to time on the Website are hereby expressly incorporated herein by reference. We reserve the right to change or modify these Terms of Use at any time and for any reason at our sole discretion. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms of Use periodically for updates. You will be subject to, and will be deemed to have been informed of and to have accepted, any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if applicable.

This Site is not tailored to industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA)). Therefore, if your interactions are subject to such laws, you may not use the Site. You may not use the Site in a manner that violates the Financial Services Modernization Act (GLBA).

This Site is intended for users who are 18 years of age or older. Users under 18 are not permitted to use or register on the Site. Intellectual Property

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by U.S. copyright and trademark laws, various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and Marks on the Site are provided "as is" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Subject to your eligibility to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have lawfully gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content, and the Marks. User Representations By using this Site, you represent and warrant that: (1) you have the legal capacity and agree to be bound by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access this Site through automated or non-human means, whether through a robot, script, or otherwise; (4) you will not use this Site for any illegal or unauthorized purpose; and (5) your use of this Site will not violate any applicable laws or regulations. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse you any and all current or future use of this Site (or any portion thereof). Products We make every effort to accurately display the colors, features, specifications, and details of the products sold on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products are accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices of all products are subject to change. Purchases and Payments

We accept the following payment methods:

- Visa

- MasterCard

- American Express

- Discover

- PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. You further agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We will add sales tax to purchase prices upon request. We may change prices at any time. All payments are due in U.S. dollars.

You agree to pay all charges at the then-current purchase price plus any applicable shipping costs, and you authorize us to charge any such fees to your selected payment provider when you place your order. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

We reserve the right to refuse any orders placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by the same customer account, orders using the same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

Return Policy

Before making any purchase, please review the Return Policy posted on our website.

Prohibited Activities

You may not access or use the Website for any purpose other than that for which we make the Website available. You may not use the Website in connection with any commercial endeavors other than those that we specifically endorse or approve.

As a user of the Website, you agree not to:

1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

2. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Act as a purchasing agent or agent to make purchases on the Website.

4. Use the Website to advertise or offer for sale goods and services.

5. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein. 6. Frame or link to the Site without authorization. 7. Trick, defraud, or mislead us or other users, especially by attempting to learn sensitive account information such as user passwords. 8. Improperly use our support services or submit false reports of abuse or misconduct. 9. Engage in any automated system use, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 11. Attempt to impersonate another user or person or use another user's username. 12. Sell or otherwise transfer your personal data. 13. Use any information obtained from the Site to harass, abuse, or harm others. 14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 15. Decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Site. 16. Attempt to circumvent any measures designed to prevent or restrict access to the Site or any portion of the Site.

17. Harass, annoy, intimidate, or threaten any employee or agent involved in providing any portion of the Site to you.

18. Delete copyright or other proprietary notices from any content.

19. Copy or adapt any software used on the Site, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

21. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats ("GIFs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMS").

22. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader, that accesses the Site, except as a result of standard search engine or internet browser usage, or use or launch any unauthorized script or other software.

23. Disparage, tarnish, or otherwise harm us and/or the Site, as we deem fit.

24. Use the Site in any manner inconsistent with any applicable law or regulation.

User-Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Your Contributions may be viewable by other users of the Site and the Marketplace Offerings, as well as through third-party websites. Accordingly, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or provide any Contributions, you represent and warrant that:

1. The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of your Contributions will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.

2. You are the creator and owner of the Contributions or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, demean, intimidate, or abuse anyone. 8. Your Contributions are not used to harass or threaten (within the legal meaning of those terms) any other person, nor to incite violence against a specific person or group. 9. Your Contributions do not violate any applicable laws, regulations, or rules. 10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner. 12. Your Contributions do not violate any applicable laws regarding child pornography or any other laws designed to protect the health or well-being of minors.

13. Your Contributions do not contain any offensive comments based on race, national origin, gender, sexual orientation, or physical disability. 14. Your Contributions will not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable laws or regulations.

Any use of the Site or the Marketplace Offerings in violation of the foregoing constitutes a breach of these Terms of Use and may result in termination or suspension of your rights to use the Site and the Marketplace Offerings.

Contribution License

By posting your Contributions to any part of the Site, you automatically grant us, and you represent and warrant that you have the right to grant us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, but not limited to, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate such Contributions into other works, and to grant and authorize sublicenses of the foregoing rights. Such use and distribution may be in any media formats and through any media channels. This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name (if applicable), and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no moral rights have otherwise been asserted in your Contributions. We do not claim any ownership rights in your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided in any area of the Site. You are solely responsible for your Contributions on the Site, and you expressly agree to release us from any and all liability and not to take any legal action against us with respect to your Contributions. We reserve the right, in our sole discretion, to: (1) edit, abridge, or otherwise change any Contribution; (2) recategorize any Contribution to place it in a more appropriate location on the Site; and (3) pre-screen or remove any Contribution at any time and for any reason without notice. We have no obligation to monitor your Contributions. Review Guidelines We may provide you with areas on the Site to post reviews or ratings. When posting a review, you must adhere to the following standards: (1) you should have firsthand experience with the person/entity being reviewed; (2) your review should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) you(4) Your reviews should not contain discriminatory statements based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (5) If you post a negative review, you should not be associated with a competitor; (6) You should not draw any conclusions about the legality of an action; (7) You should not post any false or misleading statements; (8) You should not organize activities to encourage others to post reviews, whether positive or negative.

We may accept, reject, or delete reviews at our sole discretion. We have no obligation to screen reviews or delete reviews, even if anyone finds a review offensive or inaccurate. Reviews are not an endorsement by us and do not necessarily represent our views or the views of any of our affiliates or partners. We are not responsible for any reviews or for any claims, liabilities, or losses resulting from any reviews. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to reproduce, modify, translate, transmit in any way, display, perform, and/or distribute all content related to the review.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Site or the Marketplace Offerings (collectively, “Submissions”) are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in any such Submissions, and you warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites and Content

The Site may contain (or you may be sent through the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of such third-party websites and third-party content, and we are not responsible for any third-party websites accessed through the Website or any third-party content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or third-party content. Inclusion of, linking to, or permitting the use or installation of any third-party websites or any third-party content does not imply approval or endorsement of them by us. If you decide to leave the Website and access third-party websites or use or install any third-party content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or associated applications you use or install from the Website. Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility for such purchases; such purchases are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you will hold us harmless from any harm resulting from your purchase of such products or services. Additionally, you will hold us harmless from any loss or damage incurred by you arising out of or in connection with any Third-Party Content or any connection to Third-Party Websites.

Site Management

We reserve the right (but have no obligation) to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without restriction, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without restriction, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

We value data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by the Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please note that the Website and Marketplace Offerings are hosted in the United States. If you access the Website or Marketplace Offerings from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable law in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

We respect the intellectual property rights of others. If you believe that any materials available on or through the Website infringe any copyright you own or control, please promptly notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material named in the Notification. Please note that under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not sure whether materials located on or linked to through the Website infringe your copyright, you should first consider contacting an attorney.

Term and Termination

These Terms of Use will remain in full force and effect while you use the Website. Without limiting any other provision of these Terms of Use, we reserve the right, in our sole discretion, to deny access to and use of the Website and the Marketplace Offerings (including blocking certain IP addresses), to anyone, without further notice or liability, for any or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Website and the Marketplace Offerings, or remove any content or information you posted, at any time, without prior warning, in our sole discretion.

If we terminate or suspend your account for any reason, you will be prohibited from registering and creating new accounts under your real name, a pseudonym, a borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive relief.

Modification and Discontinuance

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason, in our sole discretion, without prior notice. However, we have no obligation to update any information on the Website. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings at any time without notice. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Website or the Marketplace Offerings.

We cannot guarantee that the Website and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the Marketplace Offerings at any time and for any reason without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Website or the Marketplace Offerings during any downtime or discontinuance of the Website or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Website and the Marketplace Offerings shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed entirely within the term of the State of California, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the costs of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that, despite this provision, you still have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by and, where applicable, limited by the AAA Consumer Rules. If the arbitrator determines such costs are prohibitive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. The arbitrator will render its award in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise provided in the applicable AAA rules or applicable law, the arbitration will take place in San Bernardino, California. Except as otherwise provided in this Agreement, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall proceed in the state and federal courts located in San Bernardino, California. The parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are not applicable to these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Website be brought more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Limitations

The parties agree that any arbitration shall be limited to the Dispute between the respective Parties. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, a party's intellectual property rights; (b) any Disputes relating to or arising out of allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If this provision is held to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision held to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of such courts.

Corrections

The information on this Website may contain typographical errors, inaccuracies, or omissions that may relate to the Marketplace products, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on this Website at any time without notice.

Disclaimer

This Website is provided on an "as is" and "as available" basis. You agree to use the services on this Website at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE We do not warrant, endorse, or guarantee and are not responsible for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your own judgment and exercise caution where appropriate.

Limitation of Liability

In no event shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising out of the use of the Site, even if we have been advised of the possibility of such damages. Indemnification You agree to defend, indemnify, and hold us harmless (including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees) from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) any violation of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) any violation by you of a third party's rights, including but not limited to intellectual property rights; or (6) any overt harmful conduct towards any other user of the Site to whom you connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, toWe will assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree, at your expense, to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

User Data

We will maintain certain data you transmit to the Site for the purposes of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular backups of data, you are solely responsible for all data you transmit or relating to any activity you have undertaken using the Site. You agree that we have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site. You hereby waive any rights or requirements under any statutes, regulations, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall apply to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We assume no liability for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use or use of the Website do not create a joint venture, partnership, employment, or agency relationship between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

To resolve a complaint regarding the Website or to receive further information regarding its use, please contact us at:

Email: Support@devosverf.shop

Address: 2850 24th St, San Francisco, CA 94110

Phone: +1 415-647-9189