Terms & Conditions of Use
In the terms and conditions, "you" or "your" shall refer to any person or entity using the services. "Paintersource", "we", "our" or "us" will refer collectively to Paintersource.com.
Paintersource Terms and Conditions
1. PAINTERSOURCE SERVICES. Upon entering the required information and the geographic area for which you would like a list of Service Professionals ("service request"), we will display a list of Service Professionals in your area.
However, we do not guarantee that there are Service Professionals in your geographic area that either are capable or willing to complete your service needs. We make no, and explicitly disclaim any, guarantees or representations regarding the skills or representations of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. Paintersource does not endorse or recommend the services of any particular Service Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of Paintersource, nor is Paintersource an agent of the Service Professionals. Paintersource does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Service Professional, you must address such dispute with the Service Professional directly, AND YOU HEREBY AGREE TO RELEASE PAINTERSOURCE (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, SPONSORS AND THEIR DISTRIBUTORS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE PAINTERSOURCE MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
3. YOUR USE OF THE PAINTERSOURCE SERVICES. You acknowledge and agree that your use of the Paintersource services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Site is the sole and exclusive property of Paintersource, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Paintersource for any such damages, and will indemnify Paintersource in the event of any third party claims against Paintersource based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Site and services at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by Paintersource, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Paintersource services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Paintersource reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
4. POSTING RATINGS & REVIEWS ON PAINTERSOURCE Paintersource reserves the right, but not the obligation, to refuse to post or to remove any review ("Review") if Paintersource determines, in its sole discretion, that it contains or features any of the following:
5. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) (collectively, the "Documents") from the Paintersource server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Paintersource. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Site or any other Paintersource owned, operated, licensed or controlled site. Elements of the Site is protected by trade dress, trademark, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Paintersource. PAINTERSOURCE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PAINTERSOURCE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PAINTERSOURCE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
6. LINKS TO THIRD PARTY SITES. The links in the Site will direct you to leave the Site. The linked sites are not under the control of Paintersource and Paintersource is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Paintersource is not responsible for webcasting or any other form of transmission received from any linked site. Paintersource is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Paintersource of the site. Please see the terms and conditions of any such linked sites for the conditions of your use of such sites.
7. SERVICE PROFESSIONAL PROFILES. Paintersource allows Service Professionals to post profiles about themselves and their business on the Site. Paintersource does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Service Professional.
8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY PAINTERSOURCE, AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SPONSORS AND THEIR DISTRIBUTORS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE PAINTERSOURCE SERVICES OR IN CONNECTION WITH THE SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. DISCLAIMER OF WARRANTIES; LIMITED LIABILITY. You acknowledge and agree that the Paintersource services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Paintersource's sole obligation to you or any third party for any claim arising out of your use of the Paintersource services or the Site, is that you are free to discontinue your use of the Paintersource services or the Site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PAINTERSOURCE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. FURTHERMOER, YOU AGREE THAT PAINTERSOURCE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PAINTERSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT, OR YOUR USE OF THE SITE. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. GENERAL PROVISIONS. The Terms and Conditions will inure to the benefit of Paintersource's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Paintersource to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Paintersource services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. The Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey. You agree to submit to jurisdiction in New Jersey and that any claim arising under the Terms and Conditions will be brought solely in the state or federal courts in New Jersey.