Effective (Revised) as of 08/31/2018
These Terms & Conditions apply to the Home Painter, LLC (“Company”) website located at www.thehomepainter.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms and Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "Company", "us" or "we" refers to Home Painter LLC and its subsidiaries and affiliates.
These Terms and Conditions are entered into by and between You, the User (“User) and Home Painter, LLC. The following Terms and Conditions govern your access to and use of the Site, including any content functionality, products and/or services offered on through the Site.
By accessing and using the Site, you accept and agree to be bound by these Terms and Conditions. In addition, when using the Site’s particular services you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions.
We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
ANY PARTICIPATION IN THE SITE, AFTER RECEIVING NOTICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ACTUAL OR INQUIRY NOTICE, WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THE SITE.
When you use Home Painter services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through the other Home Painter services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be 18 years of age, or the age of majority in your province, territory or country, to use the Site. Individuals under the age of 18, or the applicable age of majority, may do so only with the involvement of a parent or legal guardian and is otherwise subject to these Terms and Conditions. Users under the age of 13 are not permitted to use the Site, regardless of parental consent.
Home Painter reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised Terms on the Site. It is your responsibility to check periodically for any changes we make to these Terms and Conditions. Revised Terms will take effect on and after 12:01am GMT on the fifth day following the posting of the revised Terms on the Site. Your continued use of the Site after that point signifies that you accept the changes.
All products and services and related content, features, availability, specifications, and prices as depicted (“Site Content”) on the Site are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Home Painter shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, depicted, or made available via the Site, and shall not be responsible or liable for any error or omissions in that information. Any reliance on the Site Content is at your own risk.
The Site Content may be depicted in one of more colors but the actual actual seen depends on several variables, including your device set-up. The Home Painter cannot guarantee that your device will accurately display such colors or the color of the actual product will be consistent with the color seen on your device.
You may submit content, suggestions, ideas, comments, questions, feedback, or other information so long as the content is not illegal, obscene, vulgar threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), sexist, racist, discriminatory, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, trojans, malware, spiders, robots, or other harmful programs, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment, review, content or other possible submission, as well as use false credit card, debit card, or other payment information. Home Painter reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit material, and unless we indicate otherwise, you grant Home Painter and all its affiliates, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Home Painter and sublicensees the right to use the real name, username, image, likeness, caption, location, or other identifying information that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Home Painter for all claims resulting from content you supply. Home Painter has the right but not the obligation to monitor and edit or remove any activity or content. Home Painter takes no responsibility and assumes no liability for any content posted by you or any third party.
This site does not process debit cards, credit cards, or take other payment processing information. Payment processing is handled through third-party services. While Home Painter abides by the Terms and Conditions set forth on third party sites where Home Painter is hosted, Home Painter is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Home Painter strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. YOU MUST ABIDE BY AND ADHERE TO THE TERMS AND CONDITIONS ON SUCH THIRD PARTY SITES IN ADDITION TO THOSE SET FORTH BY HOME PAINTER. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Home Painter of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
For purposes of these Terms, “Content” is defined as any information, communications, software, published works, photos, video, graphics, thumbnails, music, sounds, or other material that can be viewed by users on our Site and is owned by Home Painter or its Affiliates. Additionally “Content” also includes all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula, or work product.
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, these rights are valid and protect in all forms of media and technologies existing now developed in the future, and is the sole property of Home Painter or its Affiliates.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
The laws of the State of Iowa govern these Terms and Conditions and your use of the Site without its application to choice of law rules. You also agree the Federal Arbitration Act and applicable federal law also governs these Terms and Conditions and the use of the Site.
All disputes that arises between You and Home Painter, shall first be addressed through informal, direct discussions. If the dispute cannot be settled through direct discussions, You and Home Painter, agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy between You and Home Painter, shall be settled by arbitration, rather than in court. Arbitration will be administered by the AAA in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
In arbitration, there is no judge or jury, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damage, and must follow the terms of these Terms and Conditions as a court would.
Both You and Home Painter agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim proceeds in court rather than an arbitration, You and Home Painter each waive any right to a jury trial.
Both You and Home Painter agree are responsible for paying your filing, administrative, and arbitrator fees in accordance with the rules of the AAA.
HOME PAINTER IS PROVIDING THE SITE, THE PRODUCTS, SERVICES, AND SOFTWARE TO THE USER "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS.” THE USER IS USING THE SITES AT THEIR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, HOME PAINTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, RELIABILITY, AVAILABILITY, ACCURACY, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER. LIKEWISE, HOME PAINTER DISCLAIM THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PRECEDING DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY US TO YOU THROUGH THE SITE.
HOME PAINTER MAKES NO WARRANTY TO MAINTAIN USER PROVIDED CONTENT ON THE SITE. HOME PAINTER MAKES NO WARRANTY TO CONTINUE THE SITE, PRODUCTS, SERVICES, AND/OR THE SOFTWARE USED IN THE SITE’S OPERATION. THE SITE, PRODUCTS, SERVICES PROVIDED, AND/OR SOFTWARE MAY BE DISCONTINUED AT ANY TIME WITHOUT NOTICE OR OBLIGATION.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOME PAINTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT (INCLUDING PRODUCTS AND SERVICES) ON THE SITE OR SUCH OTHER SITES.
THIS INCLUDES ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO/ALTERATION OF/LOSS OF/AND USE OF ANY RECORD OR DATA AND, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
REGARDING THE INFORMATION ON THE SITE, HOME PAINTER WILL NOT BE LIABLE REGARDLESS OF THE CAUSE, DURATION, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, INAUTHENTICITY, DELAY OR INTERRUPTION OF TRANSMISSIONS, AND MODIFICATION OR REMOVAL OF CONTENT.
HOME PAINTER IS NOT LIABLE TO MAINTAIN COMMENTS, REVIEWS, LIKES, VIEWS, AND OTHER SUCH USER CONTRIBUTIONS ON ANY DELETED CONTENT ON THE SITE. LIKEWISE, HOME PAINTER IS NOT LIABLE FOR ANY ERROR, OMISSION, OR REMOVAL OF CONTENT ON THE SITE.
THE FOLLOWING PROVISION APPLIES ONLY TO THE USE OF THE SITE AND THAT PROOF OF DAMAGES IS DIFFICULT TO ASSESS. IN NO EVENT SHALL HOME PAINTER’S AGGREGATE LIABILITY BE GREATER THAN $100, TO THE AMOUNT EQUAL TO THE CONTRACT PRICE OF THE DISPUTED SERVICES, OR THE SUM OF MONEY ACTUALLY PAID BY CUSTOMER TOWARD THE DISPUTED SERVICES, WHICHEVER IS LESS. YOU AGREE THIS SUM IS CONSIDERED AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND IS REASONABLE IN THE LIGHT OF THE ANTICIPATED OR ACTUAL LOSS CAUSED BY A POTENTIAL BREACH OF CONTRACT THROUGH YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN ACCORDANCE WITH IOWA CODE § 554.2719(1)(A), YOU AGREE YOUR DAMAGES REGARDING PRODUCTS SOLD ON THE SITE ARE LIMITED TO RETURNING THE GOODS AND BEING REPAID FOR THE PRICE OF THE PRODUCT OR REPAIRING AND REPLACING THE NONCONFORMING PRODUCT OR PARTS.
You agree to defend, indemnify, and hold harmless Home Painter, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all third-person claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with your improper use, other misconduct, or any other use of the Site, services, products in violation of these Terms and Conditions or any other applicable law.
You herein acknowledge, understand, and agree these Terms and Conditions infer no third-party beneficiaries to this agreement.
If any provision of this agreement is unlawful, void or unenforceable, said provision shall be removed only to the extent necessary and the remaining provisions of the agreement will remain in full force and effect. Likewise, in the event of conflict between Home Painter’s Terms and Conditions and those of Third Party Host Sites on matters pertaining to such sites, like order payment, the Third Party Host’s Terms will preclude Home Painter’s own. If Host Site’s Terms are silent on particular issues, Home Painter’s Terms will control.
These Terms and Conditions and any subsequent amendments constitute the entire agreement and understanding between You and Home Painter concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.