Paint Supply is the provider of the Paint Supply Website, which permits You to purchase certain products offered for sale by Paint Supply (“Products”) under the terms and conditions set forth in this Agreement. Only persons age 18 years or older can create accounts. The Paint Supply Website is available to You only in the United States, its territories, and possessions. You agree not to use or attempt to use the Paint Supply Website from outside these locations. Paint Supply may use technologies to verify Your compliance.
As a registered user of the Paint Supply Website, You may establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of Your Account and for all activities that occur on or through your Account, and You agree to immediately notify Paint Supply of any security breach of your Account. Paint Supply shall not be responsible for any losses arising out of the unauthorized use of Your Account.
In order to purchase Products from the Paint Supply Website, You must enter Your Paint Supply ID and password to authenticate your Account for transactions.
You agree to provide accurate and complete information when you register with, and as you use, the Paint Supply Website (“Registration Data”), and You agree to update your Registration Data to keep it accurate and complete. You agree that Paint Supply may store and use the Registration Data You provide for use in maintaining and billing fees to your Account.
You are responsible for the condition and status of Your account with Paint Supply. Paint Supply reserves the right to deny Services and Products for accounts which are no longer in good standing.
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the Paint Supply Website (“Products”), and that Paint Supply may charge your payment method for any Products purchased and for any additional amounts (including any taxes and shipping, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL COSTS AND FEES AND FOR PROVIDING PAINT SUPPLY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL COSTS AND FEES.
When you make a purchase in the Paint Supply Website, your account is billed at the time of or shortly after your transaction. All charges are billed to the payment method that You designate during the registration process. If You want to designate a different payment method or if there is a change in your payment method account status, you must change your information online.
Payments to Paint Supply are handled through our payment-processing vendor, Merchant e-Solutions, Inc. Merchant e-Solutions, Inc. collect Your credit card information and billing address in order to process such payments. Payment processing by Merchant e-Solutions, Inc. is governed by Merchant e-Solutions’s terms and policies, respectively, located at https://merchantesolutions.com/terms. You are responsible for reviewing those terms and policies before submitting payments to Paint Supply for processing through Merchant e-Solutions, Inc.
Your total price will include the price of the Product, the cost of shipping plus any applicable tax; such tax is based on the ship-to address and the tax rate in effect at the time you purchase the Product, unless You have provided Paint Supply with a certificate of exemption from such tax, which is valid in Your location and Your type of business. You shall be responsible for all sales, use, excise and value added taxes and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental authority on any amounts payable by You hereunder, other than any taxes imposed on, or with respect to Paint Supply’s income, revenues, gross receipts, personnel or real or personal property or other assets and shall pay all sums payable hereunder free and clear of all deductions and withholdings whatsoever, unless the deduction or withholding is required by law.
All products shall be delivered by Paint Supply to the delivery location designation by You in your Order once Products contained in Your Order are complete and ready to ship. Paint Supply is not liable to you for any delays in initiating a shipment or delays while in transit.
You understand the Products may in some instances be or may become hazardous. You shall bear the full legal responsibility for compliance with all applicable laws, ordinances and regulations regarding the handling, transportation, storage, use, testing and disposal of the Products. You shall instruct Your personnel regarding the correct and safe handling, transportation, storage and application of the Products. You represent Your personnel are professionals and trained in the safety, use, storage and handling of chemicals. You shall dispose of Products in compliance with all applicable laws, ordinances and regulations. If, without negligence on the part of the Paint Supply, Paint Supply is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of selling Products to You, You shall indemnify the Paint Supply for all cost and expense thereby incurred.
All sales of Products are final.
Prices for Products offered via the Paint Supply Website may change at any time, and the Paint Supply Website does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a Product becomes unavailable prior to purchase, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Paint Supply.
LIMITED PRODUCT WARRANTY
The Paint Supply Limited Warranty shall be effective for all transactions occurring via Paint Supply Website. Paint Supply warrants to You for twenty-four (24) hours from the delivery to You of Products (the “Warranty Period”), that the Products will substantially conform to the applicable specification for such Products. Paint Supply expressly represents and warrants that at the original time of the purchase of the Products, including without limitation the design, materials, workmanship and components incorporated therein, shall be free from substantial defects in design, material or workmanship, shall be of a high quality, shall in all material respects conform to their published specifications, representations, conditions, and guaranties relating to performance, and shall, to the best of Paint Supply’s knowledge, not misappropriate, infringe or otherwise violate any third party intellectual property rights.
As Paint Supply’s sole obligation and Your exclusive remedy for any breach of this warranty, Paint Supply agrees during the Warranty Period, at its sole option, to (i) use reasonable efforts to repair the Products with new or refurbished replacement parts; (ii) replace the Products with a new or refurbished unit, or (iii) refund the purchase price; provided You return the defective Products to Paint Supply with proof of purchase. Paint Supply’s warranty hereunder does not apply in case of any damage caused by accident, abuse, misuse, misapplication, or alteration of any kind (including upgrades and expansions) performed by anyone other than Paint Supply or Paint Supply’s designated agent. You shall bear the cost of shipping the returned item. Warranties do not cover Acts of God, lightning, fire, public disturbances, or vandalism. All warranties are void if the Product is not used for the purpose for which it is designated and excludes field labor and service charges related to the repair or replacement of the Product. This warranty is void if a Product defect has resulted from accident, abuse or abnormal use of the Product. Any replacement Product will be subject to this warranty for the longer of the original warranty period or thirty (30) days from shipment of the replacement Product to You.
Without limiting the generality of the foregoing, Paint Supply specifically disclaims any express or implied warranty or condition of fitness for such purposes and specifically prohibits the use of the Products for such purposes. Paint Supply’s warranty does not in any event apply to physical damage to the surface of the Products, or to any data stored in the Products. Any repair Service requested by You and performed by Paint Supply following expiration of any Warranty Period or where such repair is not included as part of Paint Supply’s standard warranty obligations as specified herein, shall be charged at Paint Supply’s then current fees for time and material.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND SUBJECT TO APPLICABLE LAW, PAINT SUPPLY EXPRESSLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED CONDITIONS OR WARRANTIES, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Paint Supply expressly represents and warrants that the Products shall in all material respects: (a) comply with all applicable United States federal, state and local laws, rules, regulations, and codes in existence during the term hereof, and (b) comply with all relevant industry specifications and standards. In the event the Products fails to comply with the foregoing warranties, Paint Supply shall, at its sole cost and expense, make commercially reasonable efforts to correct such noncompliance in the shortest possible time.
You agree that the Paint Supply Website, including but not limited to Products, graphics, user interface, audio clips, video clips, Product descriptions, and the scripts and software used to implement the Paint Supply Website, contains proprietary information and material that is owned by Paint Supply and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Paint Supply Website in compliance with this Agreement. No portion of the Paint Supply Website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Paint Supply Website in any manner, and you shall not exploit the Paint Supply Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Paint Supply and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Paint Supply Website at any time without notice. In no event will Paint Supply be liable for making these changes. Paint Supply may also impose limits on the use of or access to certain features or portions of the Paint Supply Website, in any case and without notice or liability.
All copyrights in and to the Paint Supply Website (including the compilation of content, links to other Internet resources, and descriptions of those resources) and related software are owned by Paint Supply and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE PAINT SUPPLY WEBSITE, EXCEPT FOR USE BY CUSTOMERS TO PURCHASE PAINT SUPPLY PRODUCTS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Paint Supply, the Paint Supply logo and other Paint Supply trademarks, service marks, graphics, and logos used in connection with the Paint Supply Website are trademarks or registered trademarks of Paint Supply, Corporation in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Paint Supply Website may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or Paint Supply suspects that you have failed, to comply with any of the provisions of this Agreement, Paint Supply, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Paint Supply Website (or any part thereof).
Paint Supply reserves the right to modify, suspend, or discontinue the Paint Supply Website (or any part or content thereof) at any time with or without notice to you, and Paint Supply will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PAINT SUPPLY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PAINT SUPPLY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PAINT SUPPLY MAY REMOVE THE PAINT SUPPLY WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE PAINT SUPPLY WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PAINT SUPPLY WEBSITE IS AT YOUR SOLE RISK. THE PAINT SUPPLY WEBSITE AND ALL PRODUCTS ARE (EXCEPT AS EXPRESSLY STATED BY PAINT SUPPLY) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL PAINT SUPPLY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE PAINT SUPPLY WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PAINT SUPPLY WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PAINT SUPPLY WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PAINT SUPPLY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
PAINT SUPPLY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PAINT SUPPLY WEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PAINT SUPPLY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
PAINT SUPPLY DOES NOT REPRESENT OR GUARANTEE THAT THE PAINT SUPPLY WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PAINT SUPPLY DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE PAINT SUPPLY WEBSITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PAINT SUPPLY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PAINT SUPPLY WEBSITE, OR ANY ACTION TAKEN BY PAINT SUPPLY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PAINT SUPPLY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PAINT SUPPLY WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PAINT SUPPLY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Paint Supply reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Paint Supply Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Paint Supply Website will be deemed acceptance thereof.
APPLICABLE LAW AND ARBITRATION
The Paint Supply Website is operated by Paint Supply from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Paint Supply Website. All transactions on the Paint Supply Website are governed by Washington law, without giving effect to its conflict of law provisions. Your use of the Paint Supply Website may also be subject to other laws.
Any controversy or claim arising out of or related to this Agreement, or the breach thereof, or any other business relationship between the parties, shall be resolved by confidential arbitration in front of one arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place in Seattle, Washington. The arbitrator shall have the power to apportion between the parties, as part of a final award, administrative fees of the American Arbitration Association, the compensation of the arbitrator and any other expenses incurred at the direct request of the arbitrator. The arbitrator shall have the right to award to the party determined to be the prevailing party an amount equal to reasonable attorneys’ fees which shall then be due from the losing party. Any award made by the arbitrator shall be fully consistent with the terms of this Agreement and the arbitrator may not grant any relief of remedy that is excluded or limited by any provision of this Agreement. YOU AND PAINT SUPPLY ACKNOWLEDGE THAT THEY ARE WAIVING THEIR RIGHT TO TRIAL BY JURY.
This Agreement constitutes the entire agreement between you and Paint Supply and governs your purchase of Products and your use of the Paint Supply Website, superseding any prior agreements between you and Paint Supply. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Paint Supply’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Paint Supply will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Risk of loss and title for all electronically delivered transactions pass to the purchaser in Washington upon electronic transmission to the recipient. No Paint Supply employee or agent has the authority to vary this Agreement.
Paint Supply may notify you with respect to the Paint Supply Website by sending an email message to your Account email address or a letter via postal mail to your Account mailing address. Notices shall become effective immediately.
Paint Supply reserves the right to take steps Paint Supply believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Paint Supply has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Paint Supply believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Paint Supply’s right to cooperate with any legal process relating to your use of the Paint Supply Website and/or Products, and/or a third-party claim that your use of the Paint Supply Website and/or Products is unlawful and/or infringes such third party’s rights).
Last Updated: July 14, 2016