Terms of service

Terms of Service

Last updated: July 20, 2026

Overview

Welcome to Scalecoat. The terms “Scalecoat,” “we,” “us,” and “our” refer to Scalecoat. Scalecoat operates this store and website, including all related information, content, features, tools, products, and services offered through the website (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services or purchase products from us.

Please read these Terms of Service carefully. They contain important information concerning your legal rights, product use, warranty disclaimers, and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

Section 1 – Eligibility, Access, and Accounts

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence. You also represent that you have given any required consent for your minor dependents to use the Services on devices that you own, purchase, or manage.

You may be required to provide information such as your name, email address, billing information, payment information, and shipping address when using the Services or placing an order. You represent and warrant that all information you provide is current, complete, and accurate and that you have the legal right to provide and use that information.

You are responsible for safeguarding your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person or entity.

We reserve the right to refuse service, suspend accounts, cancel orders, or restrict access to the Services when reasonably necessary to protect Scalecoat, our customers, Shopify, our service providers, or the integrity and security of the Services.

Section 2 – Products and Product Information

Scalecoat manufactures and sells specialty hobby paints, coatings, thinners, cleaners, paint removers, finishing products, decal-setting products, accessories, and related materials. These products are intended for appropriate hobby, modeling, restoration, and finishing applications and must be used in accordance with their labels, instructions, warnings, and applicable Safety Data Sheets.

We make reasonable efforts to describe and display our products accurately. However, product descriptions, photographs, digital swatches, printed materials, names, historical references, and other representations are provided for general identification and reference purposes only.

Colors and finishes displayed on a screen may vary because of monitor calibration, screen type, device settings, photography, lighting, image processing, printing, and other factors outside our control. We do not guarantee that a product will appear exactly as displayed on your device or in printed materials.

We reserve the right to change product specifications, formulas, packaging, labeling, colors, names, sizes, availability, and descriptions when reasonably necessary, provided that such changes comply with applicable law. We may discontinue products or limit quantities offered to any person, business, geographic region, or jurisdiction.

Unless otherwise expressly stated in writing, references to prototype colors, railroad colors, military colors, automotive colors, historical colors, color standards, equipment manufacturers, or other brands are descriptive references only and do not constitute an exact color-match guarantee, endorsement, sponsorship, affiliation, or certification.

Section 3 – Color, Finish, and Batch Variations

Color perception and final appearance can be affected by numerous factors outside Scalecoat’s control, including:

Computer monitors, mobile devices, photography, and printed materials;
Lighting type, intensity, angle, and surrounding colors;
Surface color, substrate material, primers, undercoats, and previous finishes;
Surface preparation, contamination, sanding, cleaning, and curing conditions;
Application method, film thickness, air pressure, spray distance, and equipment;
Thinning ratios, reducers, additives, and products from other manufacturers;
Temperature, humidity, ventilation, and drying or curing conditions;
Clear coats, flattening agents, weathering products, washes, and protective finishes;
Natural differences among pigments and raw materials; and
Normal manufacturing and batch-to-batch tolerances.

Reasonable batch-to-batch variations may occur. Scalecoat does not guarantee an exact match to photographs, digital images, printed color chips, historical samples, prototype equipment, aged finishes, prior production batches, products manufactured by a previous owner, or products made by another manufacturer.

Color names and descriptions are not guarantees of exact appearance. Some colors may also appear different when wet, dry, gloss-coated, flattened, weathered, photographed, or viewed under different lighting.

You are responsible for evaluating whether a color and finish are suitable for your project. Always mix or shake the product as instructed and test it on a small sample, scrap material, or inconspicuous area before applying it to an entire model, component, collectible, or project.

Section 4 – Orders and Acceptance

Submitting an order constitutes an offer to purchase the products in your cart. We reserve the right to accept, reject, limit, or cancel an order for any lawful reason, including suspected fraud, pricing or inventory errors, payment issues, product restrictions, shipping limitations, regulatory requirements, or suspected unauthorized resale or export activity.

An order is not accepted until payment has been authorized and we have confirmed or begun processing the order. An automated order-confirmation email acknowledges receipt of your order but does not necessarily constitute final acceptance.

Please review your order carefully before submitting it. Orders may enter processing quickly, and we cannot guarantee that cancellation, address-change, item-change, or quantity-change requests can be accommodated after an order has been submitted.

If we reject, modify, or cancel an order, we may attempt to contact you using the email address, billing information, shipping information, or telephone number provided with the order.

We may limit or prohibit orders that appear, in our reasonable judgment, to have been placed through fraudulent means, unauthorized payment methods, automated purchasing systems, unauthorized resellers, exporters, or distributors.

Section 5 – All Sales Final and Refund Policy

All sales are final, except where otherwise required by applicable law.

Due to the specialized nature of paints, coatings, solvents, chemicals, finishing materials, and related products, we do not accept returns or exchanges for reasons including, without limitation:

Color preference or perceived color inaccuracy;
A product not matching a photograph, screen image, printed color chip, historical sample, previous batch, or another manufacturer’s product;
Customer ordering errors;
Changes of mind;
Compatibility issues that were not tested before use;
Improper storage, preparation, thinning, mixing, application, drying, or curing;
Products that have been opened, used, mixed, altered, contaminated, or partially consumed; or
Results affected by application technique, equipment, environment, substrate, primer, clear coat, or another product.

Purchases are governed by our complete Refund Policy, which is incorporated into these Terms by reference.

Section 6 – Damaged Shipments and Incorrect Items

If an order arrives damaged or you receive an incorrect item, you must email sales@scalecoat.com within 3 business days after delivery.

Your email must include:

Your order number;
A clear description of the problem;
Clear photographs of the affected product;
Photographs showing any leakage, breakage, incorrect labeling, or other damage;
Photographs of the exterior shipping carton and shipping label; and
Photographs of the interior packaging and packing materials when shipping damage is involved.

You must retain the affected products, containers, shipping carton, shipping label, and all packing materials until we complete our review. Do not discard, use, alter, transfer, or dispose of the affected product unless we instruct you to do so.

Failure to report the issue within 3 business days or to provide reasonably requested documentation may prevent us from verifying the claim or providing a replacement, refund, credit, or other resolution.

After reviewing an eligible claim, Scalecoat may, at its discretion and subject to applicable law, replace the affected item, send the correct item, issue store credit, or refund the applicable purchase price. We may require the affected item to be returned before issuing a resolution and will provide instructions when a return is authorized.

Submitting a claim does not guarantee approval. Normal product characteristics, settled pigment that can be properly remixed, expected odor, normal manufacturing tolerances, minor packaging variations, and color differences caused by the factors described in these Terms do not necessarily constitute damage or a manufacturing defect.

Section 7 – Prices, Payments, and Billing

Prices, discounts, promotions, and product availability are subject to change without notice. The price charged will generally be the price displayed when the order is placed and will be reflected in the order confirmation.

Unless expressly stated otherwise, displayed prices do not include shipping, handling, taxes, duties, customs fees, brokerage charges, hazardous-material charges, or import expenses.

Prices offered through our website may differ from prices offered by independent dealers, distributors, marketplaces, physical retailers, or other third parties. Independent sellers establish their own pricing and policies.

You agree to provide current, complete, and accurate billing, payment, shipping, and account information. You authorize us and our payment processors to charge the payment method provided for the full amount of your order, including applicable shipping charges, taxes, and fees.

You represent and warrant that:

The payment information you provide is true, complete, and accurate;
You are authorized to use the payment method provided;
The charges will be honored by the payment provider; and
You will pay all charges incurred at the prices and on the terms presented at checkout.

We reserve the right to correct pricing, inventory, discount, or listing errors. If an error affects an order already submitted, we may contact you for instructions or cancel and refund the affected portion of the order.

Section 8 – Shipping and Delivery

Shipping and delivery dates are estimates only and are not guaranteed. Processing and transit times may be affected by production schedules, product availability, carrier operations, weather, holidays, transportation disruptions, address issues, hazardous-material requirements, regulatory restrictions, and events beyond our reasonable control.

Some paints, thinners, cleaners, removers, solvents, aerosols, or related products may be subject to carrier or hazardous-material shipping restrictions. Such products may:

Be limited to ground transportation;
Be unavailable for expedited, air, international, military-address, territorial, or postal-box delivery;
Require special packaging, labels, documentation, or fees;
Be shipped separately from other products; or
Be unavailable to certain destinations.

We reserve the right to change the shipping method, divide an order into multiple shipments, decline a restricted shipment, or cancel and refund products that cannot lawfully or reasonably be shipped to the destination provided.

You are responsible for providing a complete and accurate delivery address. We are not responsible for delays, non-delivery, returned shipments, or additional charges caused by incomplete, incorrect, outdated, or undeliverable address information supplied by the customer.

Unless prohibited by law, responsibility for the package passes to the recipient after documented delivery to the address supplied with the order. Claims involving loss or damage in transit may require your cooperation with the carrier’s investigation and documentation requirements.

We are not responsible for carrier delays, missed delivery estimates, weather disruptions, customs delays, regulatory inspections, or other circumstances outside our reasonable control.

Section 9 – Product Safety and Chemical Handling

Scalecoat products may include paints, pigments, resins, solvents, thinners, cleaners, removers, additives, and other chemical materials. Some products may be flammable, combustible, harmful if inhaled or swallowed, irritating to the skin or eyes, or otherwise hazardous if improperly stored, handled, or used.

Before opening or using any product, you are responsible for:

Reading and following the product label, directions, warnings, and precautions;
Reviewing the applicable Safety Data Sheet when available;
Using appropriate ventilation and personal protective equipment;
Keeping the product away from heat, sparks, flame, ignition sources, children, and pets;
Using the product only for its intended purpose;
Following applicable workplace, environmental, fire, transportation, and disposal requirements; and
Obtaining professional guidance when you are uncertain about safe handling or compatibility.

Do not use Scalecoat products in a manner inconsistent with their labels, instructions, warnings, or Safety Data Sheets. Do not ingest products or intentionally inhale vapors, mist, dust, or spray. Products must be stored, transported, used, and disposed of responsibly and in compliance with applicable law.

Commercial, industrial, educational, institutional, or workplace users are responsible for maintaining required hazard-communication programs, employee training, Safety Data Sheets, ventilation, protective equipment, storage systems, and regulatory compliance.

Nothing on our website constitutes medical, toxicological, environmental, workplace-safety, engineering, or legal advice. In an emergency, contact the appropriate emergency service or poison-control authority immediately.

Section 10 – Product Testing, Compatibility, and Application

Hobby models, plastics, metals, resins, rubbers, decals, adhesives, fillers, primers, finishes, and coatings vary significantly. A product that performs successfully on one surface or project may react differently on another.

You are solely responsible for determining whether a Scalecoat product is appropriate and compatible with your substrate, primer, previous coating, decal, adhesive, tool, equipment, application method, and intended result.

Before full application, you must test the complete proposed finishing system on scrap material, a sample, or an inconspicuous area. Testing should include, as applicable:

Surface preparation and cleaning;
Primer compatibility;
Paint and thinner ratios;
Application equipment and settings;
Drying and curing time;
Decals, setting solutions, washes, and weathering products;
Clear coats and final finishes; and
Any products made by another manufacturer.

Recommendations, instructions, examples, technical information, and customer-service guidance are provided in good faith based on the information available to us. Because we cannot control the customer’s materials, environment, preparation, storage, equipment, technique, or use, such information does not constitute a guarantee of results.

Never apply an untested product directly to an irreplaceable, valuable, rare, antique, historically significant, or completed model or collectible.

Section 11 – Storage, Shelf Life, and Customer Handling

You are responsible for storing products in accordance with their labels, instructions, and Safety Data Sheets. Products should generally be kept securely closed and protected from incompatible materials, contamination, excessive heat, freezing, sunlight, moisture, ignition sources, children, and unauthorized users, as applicable.

Pigments and other ingredients may settle during storage. Settling alone does not necessarily indicate that a product is defective. Products must be shaken, stirred, or mechanically mixed as appropriate before use.

Product life after delivery depends on storage temperature, seal integrity, contamination, repeated opening, exposure to air or moisture, and other conditions outside our control. Unless expressly stated otherwise, we do not guarantee a specific usable life after a container has been opened, improperly stored, altered, contaminated, or transferred to another container.

You must not use a product if its packaging is materially damaged, leaking, improperly sealed, or appears unsafe. Contact us before use if you believe a newly delivered product may have been damaged in transit.

Section 12 – Intellectual Property

The Services and their contents—including trademarks, trade names, logos, product names, formulas to the extent legally protectable, text, graphics, photographs, illustrations, videos, audio, website designs, page layouts, downloads, and other materials—are owned by or licensed to Scalecoat, Shopify, or their respective licensors and are protected by applicable intellectual-property laws.

These Terms permit you to access and use the Services for lawful personal or internal business purposes only. Without our prior written permission, you may not reproduce, copy, republish, modify, distribute, transmit, display, sell, license, create derivative works from, scrape, extract, or commercially exploit any portion of the Services.

Scalecoat’s names, logos, product names, designs, trade dress, and slogans are trademarks or other proprietary identifiers of Scalecoat, or their licensors. You may not use them in a manner that suggests sponsorship, affiliation, authorization, or endorsement without prior written permission.

Shopify’s names, logos, products, and services are the property of Shopify. All other trademarks appearing through the Services belong to their respective owners.

No reference to a railroad, military branch, vehicle manufacturer, equipment manufacturer, color standard, historical organization, or other third party implies affiliation, endorsement, sponsorship, or authorization unless expressly stated.

Section 13 – Optional Tools and Third-Party Services

We may provide access to tools, applications, payment systems, shipping services, integrations, or other functionality operated by third parties. We may not monitor or control these third-party services.

Access to optional third-party tools is provided on an “as is” and “as available” basis without warranties, representations, endorsements, or conditions of any kind by Scalecoat. Your use of such tools is at your own risk and may be governed by separate terms and privacy policies issued by the applicable provider.

We may introduce new tools, resources, features, or services in the future. Unless otherwise stated, those additions will form part of the Services and will be governed by these Terms.

Section 14 – Third-Party Links

The Services may contain links to websites, resources, products, content, or services operated by third parties. We are not responsible for investigating, verifying, or guaranteeing the accuracy, safety, legality, availability, or quality of third-party materials or websites.

If you leave our Services to access a third-party website, you do so at your own risk. Scalecoat is not liable for harm, loss, disputes, or damages arising from your interaction with or reliance upon third-party websites, content, products, or services.

Questions or claims concerning a third party’s products or services should be directed to that third party.

Section 15 – Relationship with Shopify

Scalecoat’s online store is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are transactions directly between you and Scalecoat.

By using the Services, you acknowledge that Shopify is not the seller of Scalecoat products and is not responsible for the manufacture, description, sale, shipping, use, performance, safety, or suitability of products purchased from Scalecoat.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, losses, and liabilities arising from or relating to your purchases or transactions with Scalecoat.

Section 16 – Privacy

Personal information collected through the Services is governed by our Privacy Policy. Certain information may also be processed under Shopify’s privacy practices, which can be reviewed at Shopify’s Privacy Policy for Customers.

Because the Services are hosted by Shopify, Shopify may collect and process information concerning your access to and use of the Services to operate, secure, maintain, and improve the platform. Information submitted through the Services may be transmitted to Shopify and other service providers, which may operate in jurisdictions outside your place of residence.

By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand that personal information will be processed as described in that policy.

Section 17 – Reviews, Feedback, and Submissions

If you submit, upload, post, email, or otherwise provide reviews, photographs, suggestions, ideas, proposals, testimonials, comments, designs, or other content (“Feedback”), you grant Scalecoat a perpetual, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display that Feedback in any lawful medium for purposes including operating, evaluating, improving, and promoting the Services.

You represent and warrant that:

You own the Feedback or possess all rights necessary to provide it;
Your Feedback is accurate to the best of your knowledge;
You have disclosed any compensation, discounts, free products, or incentives connected with the Feedback;
Your Feedback does not violate another person’s intellectual-property, privacy, publicity, contractual, or other rights; and
Your Feedback does not contain unlawful, defamatory, abusive, deceptive, obscene, or malicious material or software.

We have no obligation to keep Feedback confidential, compensate you for Feedback, publish Feedback, or respond to Feedback. We may monitor, edit, decline, or remove Feedback that we reasonably determine violates these Terms, applicable law, or our content standards.

You may not use a false identity, misrepresent your relationship with another person or business, or mislead us or other users regarding the source of Feedback.

Section 18 – Errors, Inaccuracies, and Omissions

Information available through the Services may occasionally contain typographical errors, inaccuracies, outdated information, or omissions concerning product descriptions, ingredients, specifications, colors, prices, promotions, shipping costs, transit times, inventory, or availability.

We reserve the right to correct errors, update information, change listings, or cancel affected orders at any time, including after an order has been submitted. When appropriate, we will issue a refund for an item or order canceled because of such an error.

Section 19 – Prohibited Uses

You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly:

For unlawful, fraudulent, deceptive, abusive, or malicious purposes;
To violate any international, federal, state, provincial, territorial, or local law or regulation;
To infringe or violate our rights or the rights of another person or entity;
To harass, threaten, abuse, defame, intimidate, or harm another person;
To transmit false, misleading, or deceptive information;
To impersonate another person or misrepresent your identity or authority;
To transmit viruses, malicious code, destructive instructions, or harmful technology;
To send spam, phishing messages, chain letters, unauthorized advertisements, or similar solicitations;
To collect, track, or misuse another person’s personal information;
To interfere with the security, operation, performance, or accessibility of the Services;
To bypass access controls, security features, rate limits, robot-exclusion measures, or technical restrictions;
To reproduce, duplicate, copy, resell, scrape, extract, or commercially exploit the Services without authorization; or
To engage in conduct that restricts another person’s use of the Services or exposes Scalecoat, Shopify, our providers, or our customers to harm or liability.

We may suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

Section 20 – Automated Systems and Agents

This section applies when you deploy, authorize, or cause software, automated tools, bots, artificial-intelligence systems, or autonomous or semi-autonomous agents (“Agents”) to access or interact with the Services.

Agents may not access or interact with the Services in a deceptive manner, circumvent technical restrictions, defeat security measures, imitate human activity to evade detection, complete or bypass CAPTCHAs, or conceal that access is automated.

Any Agent accessing the Services must accurately identify itself when technically appropriate and comply with our instructions, access limitations, robot-exclusion standards, and applicable law.

We may restrict, block, rate-limit, or otherwise control automated access to protect the Services, customers, inventory, pricing, content, and system security.

Section 21 – Suspension and Termination

We may suspend or terminate your account or access to all or part of the Services when we reasonably determine that you have violated these Terms, created a security or fraud risk, abused the Services, failed to pay amounts due, or engaged in conduct that could harm Scalecoat, Shopify, our service providers, or another person.

You remain responsible for all obligations and charges incurred before termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, payment obligations, Feedback, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

Section 22 – Disclaimer of Warranties

The information presented through the Services is provided for general informational purposes. Although we make reasonable efforts to maintain accurate information, we do not warrant that all information is complete, current, error-free, or suitable for every application.

Your reliance on technical guidance, product descriptions, color references, application suggestions, or other information is at your own risk. You are responsible for independently evaluating products and conducting appropriate tests before full use.

Except for obligations that cannot lawfully be excluded, the Services and products are provided on an “as is” and “as available” basis without representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, Scalecoat disclaims implied warranties and conditions including merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, exact color match, compatibility, and achievement of a particular finish or result.

We do not warrant that:

The Services will always be uninterrupted, secure, timely, or error-free;
A product will match a digital image, printed representation, historical sample, prior batch, prototype, or another manufacturer’s product;
A product will be compatible with every surface, primer, coating, decal, adhesive, thinner, tool, or application method;
Instructions or recommendations will produce identical results in every environment; or
A product will meet subjective expectations concerning color, sheen, texture, drying behavior, coverage, or finish.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, these exclusions apply only to the maximum extent permitted by law.

Section 23 – Limitation of Liability

To the fullest extent permitted by law, Scalecoat, Shopify, and their respective affiliates, owners, directors, officers, employees, agents, contractors, licensors, manufacturers, suppliers, distributors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Services or any product.

This limitation includes, without limitation, claims involving:

Color mismatch or color dissatisfaction;
Batch variation or finish variation;
Paint failure, adhesion loss, lifting, peeling, cracking, crazing, wrinkling, bleeding, discoloration, frosting, clouding, or surface damage;
Incompatibility with a plastic, metal, resin, rubber, primer, coating, decal, adhesive, filler, thinner, cleaner, remover, or third-party product;
Improper thinning, mixing, preparation, application, storage, drying, curing, or disposal;
Damage to models, miniatures, collectibles, vehicles, structures, surfaces, tools, airbrushes, spray equipment, compressors, spray booths, or other property;
Loss of use, labor, time, production, business, goodwill, revenue, profits, data, opportunity, or replacement costs;
Personal use inconsistent with labels, warnings, instructions, or Safety Data Sheets; or
Reliance upon product descriptions, technical information, color references, or application guidance.

To the fullest extent permitted by law, Scalecoat’s total aggregate liability for any claim arising from or relating to a product or order will not exceed the amount you actually paid to Scalecoat for the specific product giving rise to the claim.

The limitations in this section apply regardless of the theory of liability, including contract, warranty, negligence, tort, strict liability, misrepresentation, restitution, or otherwise, and even if we were advised that damages were possible.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Some jurisdictions do not permit certain limitations of liability, so some portions of this section may not apply to you.

Section 24 – Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Scalecoat, Shopify, and their respective affiliates, owners, officers, directors, employees, agents, contractors, licensors, manufacturers, suppliers, distributors, and service providers from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from or relating to:

Your breach of these Terms or any incorporated policy;
Your unlawful, negligent, or improper use of the Services or a product;
Your violation of applicable law or another person’s rights;
Your resale, relabeling, repackaging, alteration, export, transportation, storage, disposal, or distribution of a product;
Your failure to provide appropriate warnings, instructions, training, Safety Data Sheets, or protective measures to your employees, customers, contractors, or other users when required; or
Your Feedback, content, or materials submitted through the Services.

We will provide reasonable notice of an indemnifiable claim. We may control the defense and settlement of the claim with counsel of our choosing, and you agree to provide reasonable cooperation. We will not agree to a settlement that imposes a non-monetary obligation on you without your reasonable consent.

Section 25 – Compliance, Resale, and Export

If you purchase products for commercial, institutional, wholesale, dealer, distribution, manufacturing, or resale purposes, you are responsible for complying with all laws and requirements applicable to your activities.

Unless Scalecoat has expressly authorized otherwise in writing, you may not alter, obscure, remove, replace, or misrepresent product labels, warnings, lot information, safety information, trademarks, packaging, or product identity.

You may not export, re-export, transport, sell, transfer, or use a product in violation of trade restrictions, sanctions, hazardous-material regulations, transportation laws, environmental laws, or other applicable requirements.

Dealers and resellers remain independently responsible for their advertising, customer representations, pricing, taxes, fulfillment, return policies, regulatory compliance, and customer support. No dealer, distributor, or reseller has authority to make warranties or commitments on behalf of Scalecoat unless expressly authorized in writing.

Section 26 – Force Majeure

Scalecoat is not responsible for delay or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, flood, accident, epidemic, pandemic, war, terrorism, civil disturbance, labor disruption, carrier interruption, utility failure, cyberattack, government action, regulatory change, raw-material shortage, supplier delay, equipment failure, or transportation disruption.

When such circumstances occur, our obligations will be suspended for the duration and extent of the disruption. We may cancel affected orders and refund amounts paid for products that we cannot provide.

Section 27 – Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary. The remaining provisions will remain valid and enforceable.

Section 28 – Waiver and Entire Agreement

Our failure to exercise or enforce a right or provision of these Terms does not waive that right or provision.

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and Scalecoat concerning your use of the Services and supersede prior or contemporaneous communications, proposals, agreements, or representations concerning the same subject matter.

Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

Section 29 – Assignment

You may not assign, transfer, delegate, or sublicense these Terms or your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this section is void.

We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, financing, corporate restructuring, or transfer of the Scalecoat business.

Section 30 – Governing Law and Venue

These Terms and any separate agreements through which we provide the Services will be governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

To the extent permitted by law, you and Scalecoat consent to the personal jurisdiction and venue of the state and federal courts serving the jurisdiction in Georgia where Scalecoat maintains its principal place of business.

Section 31 – Headings

Section titles and headings are included for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.

Section 32 – Changes to These Terms

You may review the current version of these Terms of Service on this page at any time.

We reserve the right to update, modify, or replace these Terms by posting a revised version through the Services. When required by applicable law, we will provide additional notice of material changes.

Changes become effective on the date stated in the revised Terms. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.

Section 33 – Contact Information

Questions concerning these Terms of Service should be sent to:

Scalecoat
Email: sales@scalecoat.com
Cartersville, Georgia, United States