Terms & Conditions
1. Acceptance of Terms.
You are expected to check this page from time to time to take notice of any changes Mosquito Stick has made, as they are binding on you.
2. Use and Restrictions.
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Mosquito Stick. You may not display or reproduce the Marks other than with the prior written consent of Mosquito Stick, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Mosquito Stick or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission directly from Mosquito Stick.
5. Your Account
7. Terms of Sale
All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to our terms of sale to learn more about our return policy and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Mosquito Sticks sole discretion so you should review the terms of sale each time you make a purchase.
8. Electronic Communications
You consent to receive electronic communications from Mosquito Stick either in the form of email sent to you at the email address listed on your account or by communications posted on the Site for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to Mosquito Stick set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site. When submitting Submissions to or otherwise using the Site and/or the services, you agree NOT to, without limitation:
use the Site in a manner that uses technology or other means to access the Site, or other content that is not authorized by Mosquito Stick;
use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content;
take any action that imposes or may impose (in Mosquito Sticks sole discretion) an unreasonably or disproportionately large load on Mosquito Stick’ infrastructure;
attempt to gain unauthorized access to Mosquito Stick computer network or user accounts;
encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
attempt to damage, disable, overburden, or impair Mosquito Stick/its service providers servers or networks;
fail to comply with applicable third party terms;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
use racially, ethnically, or otherwise offensive language of any kind;
discuss or incite illegal or inappropriate activity;
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
post anything that exploits children or minors or that depicts cruelty to animals;
post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
use any robot, spider, scraper or other automated means to access the Site; and
alter the opinions, goals, profiles or comments posted by others on the Site.
This list provides examples and is not complete or exclusive. Mosquito Stick reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Mosquito Stick determines is inappropriate or disruptive to this Site or to any other user of the Sites and/or services. Mosquito Stick may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
When legally required or at Mosquito Stick's discretion, Mosquito Stick will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.
Mosquito Stick takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Mosquito Stick is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page. These prohibitions do not require Mosquito Stick to monitor, police or remove any Submissions or other information submitted by you or any other user.
Mosquito Stick prohibits crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Mosquito Stick's express consent).
It is Mosquito Stick's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Mosquito Stick does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Mosquito Stick is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Mosquito Stick reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
11. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than Mosquito Stick. Such links are provided solely as a convenience to you. Mosquito Stick does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Warranties and Disclaimer
Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. Mosquito Stick is not liable for these variants and deviations. IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, MOSQUITO STICK MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, MOSQUITO STICK WILL CONTACT YOU TO ARRANGE FOR A REFUND.
13. Limitation of Liability
MOSQUITO STICK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY MOSQUITO STICK FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. MOSQUITO STICK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. REGARDLESS OF THE PREVIOUS SENTENCES, IF MOSQUITO STICK IS FOUND TO BE LIABLE, SUCH LIABILITY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY MOSQUITO STICK FROM YOU OR $25.
You agree that any claim you may have arising out of or related to your relationship with Mosquito Stick must be filed within three (3) months after such claim arose; otherwise, your claim is permanently barred.
14. Governing Law
16. Entire Agreement
17. How to contact Mosquito Stick
If you wish to contact us to update your information, please feel free to contact us:
by email at info@Mosquitostick.com
by mail at Mosquito Stick, LLC
206 College Street