Terms of Service

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 Service” or “Agreement”) and our Privacy Policy. If you do not agree to these 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 site.

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.

Electronic Communications

Visiting Click4painter.com or sending emails to Click4painters.com constitutes electronic 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.

Payment

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.

Cancellation/Refund Policy

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).

Employee safety

Click4painters.com reserves the right to remove its employees from your home should the environment become unsafe, our cancellation policy will apply.

Valuables

Please safely secure heirlooms and collectibles prior to the painting job.

Liability Disclaimer

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. IF YOU ARE DISSATISFIED WITH A PORTION OF THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

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.

Dispute Resolution

INFORMAL 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.

ARBITRATION. If 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.

EXCEPTIONS TO 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.

LOCATION OF 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. contact@click4painters.com

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.