Enhanced Defense Sprays, LLC
General Disclaimer & Web Site Information
The website, www.PinkStinker.com, which includes an eCommerce web store is owned, operated and maintained by Enhanced Defense Sprays, LLC (“Enhanced Defense”). The access to and use of this site is subject to specific Term & Conditions.
If you do not agree with these terms and conditions, please do not use the site. The use of this site is subject to the most current version of the terms and conditions posted on the site at the time of such use. The use, in any form including browsing, of the site constitutes your acceptance, without limitation or qualification, of these terms and conditions. Enhanced Defense makes no representations or warranties regarding the accuracy, reliability, or completeness of the sites material. Enhanced Defense reserves the right to change the terms and conditions under which the site is offered. To the extent permissible by law, Enhanced Defense disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Enhanced Defense does not warrant that this site or the server that makes it available is free of computer "viruses".
Links to Other Sites
For the convenience of the User the web site may provide or contain links to other Internet web sites. Enhanced Defense does not control the sites and is not responsible for their content, nor does Enhanced Defense endorse the sites; including without limitation any link contained in a linked site, or any changes or updates to a linked site. This is to include web casting and any form of data transmission received from any linked site. By providing these links as a convenience does not imply that Enhanced Defense has any association with the owners, operators or otherwise.
Restrictions of Liability
The web site is provided by Enhanced Defense on an “AS IS” and “AS AVAILABLE” basis; use of this site is at your own risk without warranties of any kind, either express or implied. Enhanced Defense shall not be liable for damages of any kind, including without limitation, special, punitive, incidental, direct, indirect, or consequential damages, and on any theory of liability arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the content hereof; whether or not Enhanced Defense has been advised of the possibility of such damages. The web site may contain typographical errors, omissions, or inaccuracies. Enhanced Defense is under no obligation to update this site or its content and shall not be liable for failure to update such information. Enhanced Defense is not liable in any way for use of links to other sites. The web site contains general advice relative to personal safety, self-defense, medical or otherwise and should not be relied upon without obtaining appropriate professional consultation for advice pertaining to the Users individual situation. The above limitations do not apply in jurisdictions that prohibit limitation or exclusion of liability for consequential, incidental damages or implied warranties.
Termination of Website Use and Access
Enhanced Defense reserves the right, in its sole discretion, to terminate the access and use of the web site, related services or any portion thereof without notice, at any time.
Intellectual Property Rights: Patent, Trademark, and Copyright
All material in this website may not be reproduced or used in any manner without the express written permission from Enhanced Defense. The User may not obtain or attempt to obtain any material or information by any means possible which is not intentionally made available. Any unauthorized use of any material in the site may violate copyright, trademark, patent, and other laws enforced in the United States of America and internationally. The material contained in the site is copyrighted and/or trademarked, and includes, but not limited to: graphics, logos, slogans, designs, text, design elements, videos, photographs, and information. No material shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed without the express written agreement with Enhanced Defense. Improper use of trademarks displayed is strictly prohibited. All rights not expressly granted herein are reserved. The Pink Stinker logo with the spray and the Skunk graphic are registered copyrights of Enhanced Defense Sprays, LLC; in addition, they are both trademarks of Enhanced Defense Sprays, LLC. The following are trademarks of Enhanced Defense Sprays, LLC, P.O. Box 38, Beavercreek, OR, U.S.A. 97004: “HotPinkEm.com”, “Hot Pink ‘em”, “Don’t Mess With Me!”, “Hit ‘em with HOT pepper”, “Mark ‘em with PINK dye”, “SEE THE DIFFERENCE”, PinkPepperSpray.com, “pink pepper spray”, PinkDyePepperSpray.com, “Pink Dye Pepper Spray”, HotPinkPepperSpray.com, “hot pink pepper spray”, “capture and conviction”, PinkStinker.com, “Pink Stinker”, Enhanced Defense Sprays.com, “Enhanced Defense Sprays”, EnhancedDefense.com“, “Enhanced Defense”, “Enhanced Defense Spray.com”, “Enhanced Defense Spray”, “PersonalSafetySpray.com”, “Personal Safety Spray”, “PersonalSafetyPepperSpray.com”, “Personal Safety Pepper Spray”.
Governing Law and Jurisdiction
By using this site, you agree to indemnify, defend, and hold harmless Enhanced Defense from and against any and all claims, damages, liability, costs and/or expenses, including attorneys' fees, arising from or relating to your use of this site or its content. The terms and conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of Oregon, without giving effect to its conflicts of law principles. By using this site, you agree that any dispute arising from or relating in any way to this site will be brought exclusively in the Federal or State courts located in the State of Oregon and you agree to submit to the jurisdiction of such courts. The headings used in the Terms and Conditions are for convenience only; they are not to be used in determining the meaning or interpretation of these rules. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. If any clause or provision set forth in these rules is determined to be illegal, invalid or unenforceable under present or future law, then it shall be severable without affecting the enforceability of all remaining clauses or provisions.
Additional Considerations
This Terms, Conditions and Notice of Use document should be read in conjunction with the
Limited Warranty,
Store Policy,
Return Policy,
Consumer Agreement and
Privacy Policy Statement for a comprehensive overview of your responsibilities. The web site should be reviewed for update postings, and detailed Instructions:
Directions,
First-Aid Measures,
Care, Maintenance & Storage and all other documents, etc. prior to use of a product. In addition, the abbreviated instructions,
Retail Packaging Insert Card Instructions enclosed within the retail packaging should be read and understood prior to use.