Terms & Conditions

Mosquitostick.com. ("Mosquito Stick"), GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA MOSQUITOSTICK.COM (THE "SITE”) CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE") (TOGETHER WITH OUR PRIVACY POLICY AND ANY OTHER DOCUMENTS REFERRED TO HEREIN). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, AND ARRANGEMENT OF SUCH CONTENT.

     1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND MOSQUITO STICKS PRIVACY POLICY CAREFULLY. BY USING THE SITE, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITE AND ANY OF ITS CONTENT. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MOSQUITO STICK CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE. IF YOU DO NOT CEASE USING THESE SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Mosquito Stick or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site. Notwithstanding anything else to the contrary contained in these Terms of Use, Mosquito Sticks use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Mosquito Sticks protection of your personal information, please refer to our PRIVACY POLICY.

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.

These Terms of Use were updated as of February 2021

     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.

     3. Copyright

The Contents and Site as well as the selection and arrangement thereof, are the sole property of Mosquito Stick and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Mosquito Sticks express written consent.

 

     4. Trademark

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

If you purchase products or services through your account using the Site, you may first be required to establish an account with Mosquito Stick. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account. You agree to immediately notify Mosquito Stick of any unauthorized use of your password or account or any other breach of security. We have the right to disable any account or password at any time, for any reason. You acknowledge and agree that You agree that Mosquito Stick may use and/or disclose information consistent with its Privacy Policy.

     6. Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with the Site, and that you, and not Mosquito Stick, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Mosquito Stick. You represent that the posting and use of Mosquito Stick may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account if Mosquito Stick is required to do so by law or legal process or if Mosquito Stick determines, in its sole discretion, that such action is necessary to protect the rights of Mosquito Stick, third parties, and other users of the Site or for purposes of responding to your request for customer service. Mosquito Stick right to disclose any such information shall govern over any terms of our Privacy Policy.

     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.

Your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You agree that Mosquito Stick is free to use a Submission for the purpose of providing you and others with use of the Site and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to Mosquito Stick under these Terms of Use, you grant Mosquito Stick a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. For clarity, you agree that we may also use such Submission for future marketing campaigns and new product development.

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.

 

     9. Modifications

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.

     10. Indemnification

You agree to defend, indemnify and hold harmless Mosquito Stick, LLC, its affiliates, service providers and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.

     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

THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSQUITO STICK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE,  SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MOSQUITO STICK DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR TIME. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO MOSQUITO STICK THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE

Nothing in these Terms of Use shall affect your legal rights under applicable consumer laws.

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

All litigation, court proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites and/or the Content must and will be venued exclusively in the state of North Carolina. These Terms of Use and the relationship between you and Mosquito Stick will be governed by the laws of the State of North Carolina, without giving effect to principles of conflict of laws of any jurisdiction.

     15. Severability

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

 

     16. Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Mosquito Stick with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mosquito Stick with respect to the Site.

     17. How to contact Mosquito Stick

If you wish to contact us to update your information, please feel free to contact us:

                            206 College Street

                            Suite 1094

                            Pineville, NC

                            28134-0030