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Changes to Service Terms and Paint Life Supply Co. Property.
From time to time we may update this Paint Life Supply Co. Property and these Service Terms. Your use of this Paint Life Supply Co. Property after we post any changes to these Service Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Also, Paint Life Supply Co. may, in its sole discretion, and at any time, modify, delete, or discontinue this Paint Life Supply Co. Property or any part, feature or function thereof, with or without notice, or may prevent your use of this Paint Life Supply Co. Property with or without notice to you. You agree that you do not have any rights in this Paint Life Supply Co. Property and that Paint Life Supply Co. will have no liability to you if this Paint Life Supply Co. Property is discontinued or your ability to access the Paint Life Supply Co. Property or any content you may have posted on the Paint Life Supply Co. Property is terminated.
Access and Use of Paint Life Supply Co. Property
Access to this Paint Life Supply Co. Property is limited to legitimate business purposes, and subject to these Service Terms. Any access or attempt to access other areas of any Paint Life Supply Co. computer system or other information contained on the system for any purposes is strictly prohibited.
Paint Life Supply Co. Content
Content on this Paint Life Supply Co. Property that is provided by Paint Life Supply Co. or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Paint Life Supply Co. Content”) is the property of Paint Life Supply Co. and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Paint Life Supply Co. Content located on the Paint Life Supply Co. Property for use in any publications, in public performances, on websites other than this Paint Life Supply Co. Property for any unpermitted commercial purpose, in connection with products or services that are not those of Paint Life Supply Co., in any other manner that is likely to cause confusion, that disparages or discredits Paint Life Supply Co. and/or its licensors, that dilutes the strength of Paint Life Supply Co.’s or its licensors’ intellectual property, or that otherwise infringes Paint Life Supply Co.’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Paint Life Supply Co. Content or User Content that appears on this Paint Life Supply Co. Property.
Use of the Paint Life Supply Co. Property and Posting Policy
The following requirements apply to your use the Paint Life Supply Co. Property: (a) you will not use any electronic communication feature of the Paint Life Supply Co. Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Paint Life Supply Co. Property for any commercial transactions that are unrelated to the purposes for which the Paint Life Supply Co. Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Paint Life Supply Co. Property you may be able to submit reviews and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Paint Life Supply Co.; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Paint Life Supply Co., or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Paint Life Supply Co. Property, or feature of the Paint Life Supply Co. Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Paint Life Supply Co. Property or features therein. Paint Life Supply Co. may cancel your account and delete all User Content associated with your account at any time, and without notice, if Paint Life Supply Co. deems that you have violated these Terms, the law, or for any other reason. Paint Life Supply Co. assumes no liability for any information removed from our Paint Life Supply Co. Property, and reserves the right to permanently restrict access to the Paint Life Supply Co. Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Paint Life Supply Co. Property, you hereby grant to Paint Life Supply Co. a limited, non exclusive, sub licensable, worldwide, fully paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Paint Life Supply Co. Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Paint Life Supply Co. or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) Paint Life Supply Co. receives submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Paint Life Supply Co.’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Paint Life Supply Co.’s use of any similar Ideas, whether based on your User Content, provided to Paint Life Supply Co. by third parties, or independently developed or considered by Paint Life Supply Co., shall be without obligation to you.
You agree to indemnify and hold Paint Life Supply Co., its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Service Terms, including the Sales Terms and Conditions, Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Paint Life Supply Co. or this Paint Life Supply Co. Property.
Representations and Limitations of Liability: Paint Life Supply Co. Property
Paint Life Supply Co. makes no representations about the reliability of the features of this Paint Life Supply Co. Property, the Content, User Content, or any other Paint Life Supply Co. Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Paint Life Supply Co. makes no representations regarding the amount of time that any Content or User Content will be preserved.
Paint Life Supply Co. does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Paint Life Supply Co. without the prior review and written approval of Paint Life Supply Co..
THIS Paint Life Supply Co. PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Paint Life Supply Co. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS Paint Life Supply Co. PROPERTY, NOR SHALL Paint Life Supply Co. BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Paint Life Supply Co.’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL Paint Life Supply Co. OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE Paint Life Supply Co. PROPERTY, EVEN IF Paint Life Supply Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Product Suggestions & Comparisons
Product suggestions or comparisons do not imply that all products suggested or compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
This Paint Life Supply Co. Property may be linked to other sites which are not maintained by Paint Life Supply Co., including those of our payment processor(s). Paint Life Supply Co. is not responsible for the content of, or privacy policies or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Paint Life Supply Co. of the linked sites. Paint Life Supply Co. disclaims any liability for links: (i) from another site to the Paint Life Supply Co. Property and (ii) to another site from the Paint Life Supply Co. Property.
These Terms will be governed by and construed in accordance with the internal laws of Washington without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in King County, Washington. These Terms operate to the fullest extent permissible by law. Accessing materials on this Paint Life Supply Co. Property by certain persons in certain countries may not be lawful, and Paint Life Supply Co. makes no representation that materials on this Paint Life Supply Co. Property are appropriate or available for use in locations outside the United States. If you choose to access this Paint Life Supply Co. Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
No Waiver. If Paint Life Supply Co. fails to act with respect to your breach or anyone else’s breach of the Service Terms on any occasion, Paint Life Supply Co. is not waiving its right to act with respect to future or similar breaches.
Force Majeure. Paint Life Supply Co. shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Paint Life Supply Co. in the conduct of its business.
Assignment. Customer shall not assign these Service Terms or any of its rights hereunder, including any order, or any interest therein, or any pricing or coupon codes, without the prior written consent of Paint Life Supply Co.. Any actual or attempted assignment without Paint Life Supply Co.’s prior written consent shall entitle Paint Life Supply Co. to terminate the agreement between the parties, and cancel such order or pricing upon notice to customer.
No Third-Party Benefit. The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
Complete Agreement. These Service Terms, together with the terms and conditions set forth in Paint Life Supply Co.’s purchase acknowledgments and invoices(all of which are incorporated herein by reference), constitute the entire and exclusive agreement between customer and Paint Life Supply Co.. The agreement between you and us cannot be modified except in a written document signed by both you and us.