Welcome to Click4painters.com. Please read these Terms of
Service carefully before using this website. By visiting and using this Site,
you (“End User”) expressly agree to comply with and to be bound by (“Terms of
terms, you must cease use of the Site and our Services. Click4painters.com (“the
company”) reserves the right to change this web site, these terms and
conditions at a time without notice to you by posting such changes to this web
Click4painter.coms provides this web site and its content "as is" and
without a representation or warranty, express, implied, or statutory. Click4painters.com
specifically disclaims a implied warranties of title, merchantability, fitness
for a particular purpose, and non-infringement.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Click4Painters.com with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Click4Painters.com with respect to the Site.
or sending emails to Click4painters.com
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically, via email and on the Site, satisfy a legal
requirement that such communications be in writing.
We accept all major credit cards.
Upon booking, you will be charged a refundable(if paint has not been ordered) 20%
deposit to lock in your selected date, 40% will be charged on the day we start
painting and the balance of 40% will be charged after we complete the job.
Click4painters.com asks that if you must cancel this
appointment, please do so within 48 hours of the appointment. Click4painters.com
reserves the right to charge a cancellation fee of $100 plus the cost of supplies specifically ordered for your appointment
(Paint Color Mixes).
Click4painters.com reserves the right to remove its employees from your home
should the environment become unsafe, our cancellation policy will apply.
Please safely secure heirlooms and collectibles prior to the painting job.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
CLICK4PAINTERS.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE SITE AT AVA TIME.
CLICK4PAINTERS.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR AVA PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF A KIND. CLICK4PAINTERS.COM
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL CLICK4PAINTERS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN AWAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR AVA INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLICK4PAINTERS.COM
OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY
EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS
LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO
LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE
OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE
SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE
OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEGOTIATIONS. To expedite resolution and reduce the cost of dispute, controversy
or claim related to this Agreement ("Dispute"), you and the Company
agree to first attempt to negotiate a Dispute (except those Disputes expressly
excluded below) informally for at least thirty (30) days before initiating a arbitration
or court proceeding. Such informal negotiations will commence upon written
notice, as set forth above.
you and the Company are unable to resolve a Dispute through informal
negotiations, all claims arising from use of the Service or Software (except
those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. A election to arbitrate by one party will be
final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO
ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY
TRIAL. The arbitration will be commenced and conducted under the Commercial
Arbitration Rules (the "AAA Rules") of the American Arbitration
Association ("AAA") and, where appropriate, the AAA's Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both
of which are available at the AAA website www.adr.org. Your arbitration fees
and your share of arbitrator compensation will be governed by the AAA Rules
(and, where appropriate, limited by the AAA Consumer Rules). If your claim for
damages does not exceed $5000, the Company will pay all such fees unless the
arbitrator finds that either the substance of your claim or the relief sought
in your Demand for Arbitration was frivolous or was brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)). The arbitration may be conducted in person, through the
submission of documents, by phone or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by a party. The arbitrator must follow applicable law, and award may
be challenged if the arbitrator fails to do so. Except as otherwise provided in
this Agreement, you and the Company may litigate in court to compel
arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the arbitrator.
ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an
individual action in small claims court or to seek injunctive or other
equitable relief on an individual basis in a federal or state court in Fairfax
County, Virginia, with respect to a dispute related to the actual or threatened
infringement, misappropriation or violation of a party's intellectual property
or proprietary rights.
ARBITRATION. Arbitration will take place in Fairfax County, Virginia. You and
the Company agree that for a Dispute not subject to arbitration (other than
claims proceeding in a small claims court), or where no election to arbitrate
has been made, the Commonwealth of Virginia courts located in Fairfax, Virginia
have exclusive jurisdiction and you and the Company agree to submit to the personal
jurisdiction of such courts.
General Terms & Governing Law You are contracting with Saphire Trends Inc.
d/b/a Click4Painters.com 506 Shaw Rd., Suite 320 Sterling, VA 20166. firstname.lastname@example.org
This Terms of Service Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia, excluding conflict of
law provisions. The parties unequivocally consent to exclusive venue and
jurisdiction of courts of the Commonwealth of Virginia located in Fairfax, VA over
matters arising hereunder. If provision herein is held to be illegal or
unenforceable, that provision shall be limited to the minimum extent necessary
so that it is enforceable. The Terms of Service Agreement constitute the entire
agreement of the parties with respect to its subject matter and supersede all
prior agreements. A waiver of a provision of these Terms of Service shall not
constitute a waiver of other provisions.