Overview

This website is operated by TIUS Corp DBA SprayGunner. Throughout the site, the terms “we,” “us,” and “our” refer to TIUS Corp DBA SprayGunner. SprayGunner offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you have given us your consent to allow any of your minor dependents to use this site under your supervision. You must be at least 18 years of age to purchase any product that is flammable, pressurized, contains hazardous chemicals, or includes lithium battery packs rated above 1,000 mAh. By completing a purchase of any such product, you expressly represent that you are 18 years of age or older.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to applicable federal, state, and local laws governing the purchase, storage, transport, and use of hazardous materials).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

Section 3 — Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

Product specifications, safety data, compatibility information, and technical details are provided as a convenience. For authoritative safety information, always consult the manufacturer’s Safety Data Sheet (SDS) or product documentation before use.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 — Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Intended Use. All products sold by SprayGunner are intended solely for their stated purpose as described on the product listing (e.g., airbrush painting, spray finishing, automotive refinishing, hobby use). Purchase or use of any product for any other purpose, including any unlawful purpose, is strictly prohibited. SprayGunner assumes no responsibility or liability for harm resulting from use of any product in a manner inconsistent with its intended purpose, manufacturer guidelines, or applicable law.

We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis, including restrictions based on applicable hazardous materials regulations or shipping carrier rules.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, including accurate shipping addresses for compliance with hazardous material shipping regulations.

Section 7 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 — Third-Party Links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content made available via third-party websites. Complaints, claims, or concerns regarding third-party products should be directed to the third party.

Section 9 — User Comments, Feedback and Other Submissions

If you send creative ideas, suggestions, proposals, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or proprietary right. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, available at spraygunner.com/policies/privacy-policy.

Section 11 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

Product safety information, SDS links, and hazard classifications are provided in good faith but may not reflect the most current manufacturer data. Always verify safety information directly with the manufacturer before use.

Section 12 — Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service; or (l) to purchase products with the intent to misuse, modify, or deploy them in any manner inconsistent with their intended purpose or applicable safety regulations.

Section 13 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TIUS Corp DBA SprayGunner, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any product procured using the service. Our total cumulative liability to you for any claim arising out of or relating to these Terms or the purchase of any product shall not exceed the purchase price paid by you for the specific product giving rise to the claim.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 — Indemnification

You agree to indemnify, defend, and hold harmless TIUS Corp DBA SprayGunner and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms of Service; (b) your violation of any law or regulation, or third-party right; (c) your use or misuse of any product purchased from us, including any flammable, pressurized, hazardous chemical, or battery-powered product; (d) your failure to comply with applicable federal, state, or local laws governing the storage, handling, transport, or use of hazardous materials; or (e) any bodily injury, property damage, or other harm caused by your use of any product purchased from SprayGunner.

Section 15 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 17 — Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Section 18 — Governing Law and Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The exclusive venue for any dispute arising out of or relating to these Terms shall be the state or federal courts located in Pinellas County, Florida. You consent to personal jurisdiction in those courts.

For any dispute with a value of $10,000 or less, either party may elect to resolve the dispute through binding non-appearance-based arbitration conducted by a mutually agreed-upon arbitration service. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

Section 19 — Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 — Contact Information

Questions about the Terms of Service should be sent to us at: legal@spraygunner.com or by mail to 221 Douglas Rd E, Oldsmar, FL 34677.

Section 21 — Hazardous Products, Safety & Regulatory Compliance

21.1 — Product Categories Covered

The following product categories sold by SprayGunner are subject to the additional terms of this Section 21:

• Flammable and/or chemically hazardous liquids, including solvents, reducers, thinners, adhesion promoters, and automotive-grade paints and coatings
• Pressurized equipment, including air compressors, airbrushes, and spray guns operating at elevated PSI
• Aerosol products, including spray paints and coatings in pressurized cans
• Battery-powered equipment containing lithium-ion or lithium-polymer battery packs, including cordless airbrushes and compressors
• Any product for which a Safety Data Sheet (SDS) has been made available on the product page or upon request

21.2 — Buyer’s Assumption of Risk

BY PURCHASING ANY PRODUCT COVERED UNDER SECTION 21, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) certain products sold by SprayGunner are inherently hazardous if misused, improperly stored, or improperly transported; (b) you have read, understood, and will comply with all safety warnings, manufacturer instructions, and applicable Safety Data Sheets (SDS) associated with the product; (c) you assume full responsibility for any and all risks associated with the storage, handling, and disposal of such products; and (d) you will use the products solely for their intended purpose in compliance with all applicable federal, state, and local laws and regulations.

21.3 — Safety Data Sheets (SDS)

For all hazardous chemical products, SprayGunner makes Safety Data Sheets available on the applicable product page or upon request to legal@spraygunner.com. SDS documents provide critical information regarding health hazards, flammability, reactivity, proper handling, storage requirements, and emergency response procedures.

OSHA’s Hazard Communication Standard (29 CFR 1910.1200) requires that SDS be available to users of hazardous chemicals. By purchasing a hazardous chemical product, you acknowledge that you have been given the opportunity to review the applicable SDS and assume responsibility for complying with its guidance.

SprayGunner makes no warranty that SDS documents posted on our site or linked from third-party manufacturers are the most current version. For the most current SDS, contact the manufacturer directly.

21.4 — Flammable and Chemically Hazardous Products

Products containing flammable liquids with a flash point under 100°F / 38°C or toxic chemicals carry inherent risks including fire, explosion, respiratory harm, and skin/eye irritation. By purchasing such products, you acknowledge and agree that you will:

• Store flammable products away from heat sources, open flames, and ignition sources, and in accordance with applicable fire codes
• Use flammable or solvent-based products only in well-ventilated areas and with appropriate personal protective equipment (PPE) including respirators, gloves, and eye protection
• Not expose such products to temperatures or conditions that could cause degradation, pressurization, or combustion
• Dispose of flammable or hazardous materials in accordance with all applicable federal, state, and local regulations

Certain products containing solvents or other chemicals may be subject to California Proposition 65 requirements. See Section 21.7 for details.

21.5 — Pressurized Equipment

Air compressors, spray guns, airbrushes, and related pressurized equipment carry risks including high-pressure injection injury, equipment failure, and hearing damage. By purchasing such equipment, you acknowledge and agree that you will:

• Never operate pressurized equipment above its rated maximum PSI as specified by the manufacturer
• Inspect all hoses, fittings, and connections for damage before each use and replace any compromised components
• Use appropriate PPE including eye protection and hearing protection when operating pressurized equipment
• Keep pressurized equipment out of reach of children and never use pressurized air to clean skin or direct toward any person
• Perform maintenance and repairs only as specified in the manufacturer’s instructions, using approved parts

SprayGunner is not responsible for injury, property damage, or death resulting from the use of pressurized equipment in excess of its rated capacity, in an unsafe manner, or in violation of manufacturer instructions.

21.6 — Lithium Battery Equipment

Products containing lithium-ion or lithium-polymer battery packs carry risks including fire, explosion, and chemical burns if improperly handled, charged, or stored. By purchasing battery-powered equipment, you acknowledge and agree that you will:

• Charge the device only using the supplied charger or a manufacturer-approved charger with matching voltage and current specifications
• Never leave a charging device unattended for extended periods or charge overnight
• Store lithium battery products at room temperature, away from direct sunlight, extreme heat, and moisture

• Immediately discontinue use of any battery that shows signs of swelling, leakage, unusual heat, or discoloration, and contact your local hazardous waste facility for disposal
• Never puncture, crush, short-circuit, or disassemble a lithium battery
• Dispose of lithium batteries in accordance with applicable federal, state, and local battery disposal and recycling requirements — do not dispose of lithium batteries in regular household trash

SprayGunner is not responsible for injury or property damage resulting from improper charging, storage, modification, or disposal of any lithium battery product.

21.7 — California Proposition 65 Notice

21.8 — Shipping Compliance for Hazardous Materials

Certain products sold by SprayGunner are classified as hazardous materials under U.S. Department of Transportation (DOT) regulations and/or the rules of our shipping carriers (UPS, FedEx, USPS). By purchasing such products, you acknowledge that:

• Hazardous materials may only be shipped via ground transport to domestic U.S. addresses; air shipping of hazardous materials is prohibited
• SprayGunner reserves the right to limit quantities of hazardous materials that may be ordered in a single transaction or shipped to a single address, in compliance with carrier and regulatory requirements
• SprayGunner reserves the right to cancel or refund any order for hazardous materials that cannot be fulfilled in compliance with applicable regulations
• You are responsible for ensuring that you are legally permitted to receive and possess the ordered products at your shipping address under applicable local, state, and federal laws

Hazardous materials orders are non-returnable once opened, except where required by applicable law.

21.9 — Regulatory Compliance — Buyer’s Responsibility

It is your sole responsibility to determine whether the purchase, possession, transport, storage, and use of any product sold by SprayGunner is lawful in your jurisdiction. SprayGunner makes no representation that any product offered for sale is appropriate for purchase or use in every location. Products are void where prohibited.

SprayGunner is not responsible for any fines, penalties, citations, or legal consequences incurred by a buyer due to the purchase or use of any product in violation of applicable federal, state, or local laws.

Section 22 — Product Liability Insurance Notice

SprayGunner maintains product liability insurance coverage. However, this insurance does not extend to claims arising from buyer misuse, modification of products, use contrary to manufacturer instructions, or use in violation of applicable law. SprayGunner strongly encourages buyers engaged in commercial or professional use of our products to maintain their own appropriate liability insurance coverage.