Terms of Use

Effective: October 2025
Welcome to Smith Performance Sprayers! By accessing or using this website (the “Site”), operated by The Fountainhead Group Inc. (“we”, “our”, or “us”), you agree to comply with and be bound by the following terms and conditions (“Terms of Use”). Please read these terms carefully before using the Site.

  1. Acceptance of Terms
    By accessing or using the Site, you agree to be bound by these Terms of Use, and any future amendments to them. If you do not agree to these terms, do not use the Site.
  2. Eligibility
    You must be at least 18 years old or the legal age of majority in your jurisdiction to use this Site. If you are under the age of majority, you must obtain the consent of a parent or guardian to use this Site.
  3. Intellectual Property
    All content on the Site, including text, graphics, logos, images, and software, is the property of The Fountainhead Group, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content from this Site without prior written consent from The Fountainhead Group, Inc.
  4. Use of the Site
    You agree to use the Site only for lawful purposes and in a manner that does not violate the rights of others or interfere with the operation of the Site. You may not:
    Engage in any activity that could damage, disable, or impair the Site.
    Attempt to gain unauthorized access to the Site, accounts, or networks connected to the Site.
    Use any automated systems or software to extract data from the Site.
    Upload, post, or transmit any harmful or illegal content, including viruses, malware, or other malicious code.
  5. Account Registration
    If the Site requires registration, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
  6. Privacy and Data Collection
    Your use of the Site is also governed by our Privacy Policy, which can be found here: https://smithperformancesprayers.com/privacy-policy/ 
By using the Site, you consent to the collection and use of your data as outlined in the Privacy Policy.
  7. Products and Services
    The Site may offer products or services for sale. All descriptions, prices, and availability are subject to change without notice. We reserve the right to refuse any order or transaction at our discretion.
  8. Third-Party Links
    The Site may contain links to third-party websites. These links are provided for convenience and informational purposes only. We do not endorse or control these third-party sites, and we are not responsible for their content, privacy policies, or practices.
  9. Disclaimers and Limitation of Liability
    The Site is provided on an “as is” and “as available” basis. The Fountainhead Group, Inc. makes no warranties or representations about the accuracy, reliability, or completeness of the content on the Site. To the fullest extent permitted by law, The Fountainhead Group, Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
    In no event shall The Fountainhead Group, Inc. be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Site, even if we have been advised of the possibility of such damages.
  10. Indemnification
    You agree to indemnify, defend, and hold harmless The Fountainhead Group, Inc., its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses arising out of your use of the Site, violation of these Terms of Use, or infringement of any third-party rights.
  11. Changes to Terms of Use
    The Fountainhead Group, Inc. reserves the right to modify or update these Terms of Use at any time without prior notice. The updated version will be posted on this page, and the “Effective Date” at the top of the page will reflect the date of the most recent update. It is your responsibility to review these Terms regularly.
  12. Governing Law
    These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. Any disputes arising from these Terms of Use shall be resolved in the appropriate courts in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  13. Termination
    We may, at our sole discretion, suspend or terminate your access to the Site at any time, for any reason, including without limitation if we believe you have violated these Terms of Use.
  14. Severability
    If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms, and the remainder of the Terms shall remain in full force and effect.
  15. Contact Information
    If you have any questions about these Terms of Use, please contact us at:
    The Fountainhead Group, Inc.
    28 Garden Street
    New York Mills, NY 13417
    (315) 797-0037
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