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.
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 CENTURA PAINT MANUAFACTURING, INC.. The collective work includes works that are licensed to CENTURA PAINT MANUAFACTURING, INC.. Copyright 2010, CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC. or purchasing CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC. or to purchase CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC.. 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 CENTURA PAINT MANUAFACTURING, INC. used in the site are trademarks or registered trademarks of CENTURA PAINT MANUAFACTURING, INC.
In the event that a CENTURA PAINT MANUAFACTURING, INC. product is mistakenly listed at an incorrect price, CENTURA PAINT MANUAFACTURING, INC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CENTURA PAINT MANUAFACTURING, INC. 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, CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC. 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.
CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC..
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Florida, 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 CENTURA PAINT MANUAFACTURING, INC. products) shall be in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CENTURA PAINT MANUAFACTURING, INC. products) must be commenced within one (1) year after the claim or cause of action arises. CENTURA PAINT MANUAFACTURING, INC.'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. CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC. 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.
CENTURA PAINT MANUAFACTURING, INC. 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, CENTURA PAINT MANUAFACTURING, INC. 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, CENTURA PAINT MANUAFACTURING, INC. 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 CENTURA PAINT MANUAFACTURING, INC. in its sole discretion.
You agree to indemnify, defend, and hold harmless CENTURA PAINT MANUAFACTURING, INC., 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, CENTURA PAINT MANUAFACTURING, INC. may link to sites operated by third parties. However, even if the third party is affiliated with CENTURA PAINT MANUAFACTURING, INC., CENTURA PAINT MANUAFACTURING, INC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CENTURA PAINT MANUAFACTURING, INC.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CENTURA PAINT MANUAFACTURING, INC. 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).
RETURN POLICY, SHIPPING POLICY AND WARRANTY
Return Policy NuGrout Tools, NuGrout Pretreat and NuGrout Colorant and Sealer STANDARD COLORS can be returned in unopened, unused Original Packaging and Condition, with the consent of NuGrout (CENTURA PAINT MANUAFACTURING, INC.), and the issuance of a Return Authorization Number. NUCAULK - COLOR-MATCHED CAULK is custom formulated for each order so it cannot be returned. Any merchandise authorized to be returned, must be sent Prepaid, Insured, and in Original Packaging and Condition, within 30 days of receipt. Any merchandise returned without an RAN, will be refused and returned at customerís expense. All returned merchandise is subject to a 20% restocking charge. NuGrout Colorant and Sealer CUSTOM COLORS are made to order so they cannot be returned. If received, merchandise will be refused and returned at customerís expense.
Shipping Policy Shipping is not included in the price of the products. Shipping cost is automatically calculated when you check out. Merchandise is shipped within 24-48 hours of receipt of order for NuGrout Tools, NuGrout Pretreat and NuGrout Colorant and Sealer STANDARD COLORS, and 2-4 days for NuGrout Colorant and Sealer CUSTOM COLORS. Allow an average of 7 working days shipping time. Orders too large for standard carriers will be shipped the most economical way, and charged to the customer's credit card. All orders with a shipping destination outside of the United States will have customs clearance charges added to the purchase. Any address correction done by selected carrier that results in additional charges due to customer misrepresentation on the order form will be assumed by the purchaser.
CENTURA PAINT MANUAFACTURING, INC. inspects and carefully packs products to ensure they are undamaged prior to releasing to the shipping carrier. Responsibility for delivering product safely and undamaged to the customer is assumed by the carrier at time of pickup. We are not responsible for the condition of the goods after the carrier has received them. Report any damages upon receipt to the carrier immediately. Any damage claims must be filed with the carrier by purchaser. If your shipment arrives damaged, you must reject the shipment and ensure the driver notes the damage. Keep original packing, document damages and take photos if needed. Involvement of CENTURA PAINT MANUAFACTURING, INC. in any dispute with a carrier is limited to verification of the order only.
CENTURA PAINT MANUAFACTURING, INC., the manufacturer of NuGrout, warrants that its products are manufactured using the highest quality materials, and is of merchantable quality and suitable for the purpose for which it was intended. CENTURA PAINT MANUAFACTURING, INC. products come with a general one (1) year limited warranty for manufacturing defects, unless otherwise specified below. Manufacturing defects are defined as a defect created through the manufacturing process. CENTURA PAINT MANUAFACTURING, INC. liability is strictly limited to the cost of the defective product, and can replace, or credit the value of the product, at its sole discretion.
NuGrout Colorant and Sealer: SATISFACTION GUARANTEED.
This warranty also guarantees that NUGROUT GROUT COLORANT AND SEALER will be free of manufacturing defects and will not break down or deteriorate after application when done so in strict accordance to application instructions, specifications, shelf life limitations and technical data sheet information, under normal usage, for five (5) years. If not completely satisfied with the performance of this product, when used properly as directed,
CENTURA PAINT MANUAFACTURING, INC. will refund the purchase price or replace product upon return of unused portion with proof of purchase.
Any determination of suitability of product for any intended purpose shall be solely the responsibility of user. There are no other warranties either expressed or implied including those for fitness and merchantability for purposes that extend beyond written instructions on packaging, instructional documentation, or technical data sheet.
CENTURA PAINT MANUAFACTURING, INC. products conform to the highest quality standards but no other guarantee is expressed or implied. Liability, if any, is limited to replacement of product or purchase price. Labor, cost of labor, or other consequential damages is hereby excluded.
It is recommended to ALWAYS TEST a small, inconspicuous area for suitability prior to full use.
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, NuGrout - by CENTURA PAINT MANUAFACTURING, INC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NuGrout - by CENTURA PAINT MANUAFACTURING, INC. 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. NuGrout - by CENTURA PAINT MANUAFACTURING, INC. 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
NuGrout - by CENTURA PAINT MANUAFACTURING, INC. 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 NuGrout - by CENTURA PAINT MANUAFACTURING, INC. 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.