Paint Supply Terms of Service and Sale

Access and Use
Sales Policy
Shipping Policy
Return Policy
Limited Product Warranty and Limitation of Liability
Product Information

These Terms of Service and Sale (“Service Terms”) include (1) the terms and conditions governing a user’s (“you” or “customer”) access to and use of all websites (including mobile websites), applications, or other services or platforms on which these terms reside, and all features and functions therein, that are owned and operated by or on behalf Paint Supply (“we,” “us” or “Paint Supply”) (collectively the “Paint Supply Property”), (“Website Terms”); (2) the terms and conditions governing your purchase and our sale of products via the Paint Supply Property (the “Sale Terms and Conditions”) ; and (3) our Privacy Policy. By accessing this Paint Supply Property in any way, including, without limitation, browsing this Paint Supply Property, using any information, and/or submitting information to Paint Supply, you agree to and are bound by the these Service Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Washington law. For clarity, these Service Terms constitute a legally binding and enforceable agreement between you and us; if you do not agree to them without modification, please do not access or use the Paint Supply Property.

Changes to Service Terms and Paint Supply Property.

From time to time we may update this Paint Supply Property and these Service Terms. Your use of this Paint Supply 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 Supply may, in its sole discretion, and at any time, modify, delete, or discontinue this Paint Supply Property or any part, feature or function thereof, with or without notice, or may prevent your use of this Paint Supply Property with or without notice to you. You agree that you do not have any rights in this Paint Supply Property and that Paint Supply will have no liability to you if this Paint Supply Property is discontinued or your ability to access the Paint Supply Property or any content you may have posted on the Paint Supply Property is terminated.

Access and Use of Paint Supply Property

Access to this Paint Supply Property is limited to legitimate business purposes, and subject to these Service Terms. Any access or attempt to access other areas of any Paint Supply computer system or other information contained on the system for any purposes is strictly prohibited.

Paint Supply Content

Content on this Paint Supply Property that is provided by Paint Supply 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 Supply Content”) is the property of Paint Supply 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 Supply Content located on the Paint Supply Property for use in any publications, in public performances, on websites other than this Paint Supply Property for any unpermitted commercial purpose, in connection with products or services that are not those of Paint Supply, in any other manner that is likely to cause confusion, that disparages or discredits Paint Supply and/or its licensors, that dilutes the strength of Paint Supply’s or its licensors’ intellectual property, or that otherwise infringes Paint Supply’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 Supply Content or User Content that appears on this Paint Supply Property.

Use of the Paint Supply Property and Posting Policy

The following requirements apply to your use the Paint Supply Property: (a) you will not use any electronic communication feature of the Paint Supply 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 Supply Property for any commercial transactions that are unrelated to the purposes for which the Paint Supply 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 Supply 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 Supply; 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 Supply, 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 Supply Property, or feature of the Paint Supply 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 Supply Property or features therein. Paint Supply may cancel your account and delete all User Content associated with your account at any time, and without notice, if Paint Supply deems that you have violated these Terms, the law, or for any other reason. Paint Supply assumes no liability for any information removed from our Paint Supply Property, and reserves the right to permanently restrict access to the Paint Supply Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Paint Supply Property, you hereby grant to Paint Supply 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 Supply 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 Supply or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) Paint Supply receives submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Paint Supply’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Paint Supply’s use of any similar Ideas, whether based on your User Content, provided to Paint Supply by third parties, or independently developed or considered by Paint Supply, shall be without obligation to you.

Indemnification

You agree to indemnify and hold Paint Supply, 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 Supply or this Paint Supply Property.

Representations and Limitations of Liability: Paint Supply Property

Paint Supply makes no representations about the reliability of the features of this Paint Supply Property, the Content, User Content, or any other Paint Supply 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 Supply makes no representations regarding the amount of time that any Content or User Content will be preserved.

Paint Supply 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 Supply without the prior review and written approval of Paint Supply.

THIS PAINT SUPPLY 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 SUPPLY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PAINT SUPPLY PROPERTY, NOR SHALL PAINT SUPPLY 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 SUPPLY’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 SUPPLY 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 SUPPLY PROPERTY, EVEN IF PAINT SUPPLY 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.

Hypertext Links

This Paint Supply Property may be linked to other sites which are not maintained by Paint Supply, including those of our payment processor(s). Paint Supply 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 Supply of the linked sites. Paint Supply disclaims any liability for links: (i) from another site to the Paint Supply Property and (ii) to another site from the Paint Supply Property.

Dispute Resolution

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 Supply Property by certain persons in certain countries may not be lawful, and Paint Supply makes no representation that materials on this Paint Supply Property are appropriate or available for use in locations outside the United States. If you choose to access this Paint Supply 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.

Miscellaneous

No Waiver. If Paint Supply fails to act with respect to your breach or anyone else’s breach of the Service Terms on any occasion, Paint Supply is not waiving its right to act with respect to future or similar breaches.

Severability. If any provision of these Services Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure. Paint Supply 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 Supply 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 Supply. Any actual or attempted assignment without Paint Supply’s prior written consent shall entitle Paint Supply 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 Supply’s purchase acknowledgments and invoices(all of which are incorporated herein by reference), constitute the entire and exclusive agreement between customer and Paint Supply. The agreement between you and us cannot be modified except in a written document signed by both you and us.


Sale Terms and Conditions

These Sale Terms and Conditions govern your purchase and our sale of all products available for purchase on this Paint Supply Property. As indicated above, we may change these Sale Terms and Conditions at any time in our discretion, so please review them each time before you make a purchase to make sure you are reviewing the most current version.

Customer Terms Void

No additions or modifications of these Sales Terms and Conditions by customer shall be binding upon Paint Supply, unless agreed to in writing by an authorized representative of Paint Supply. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Paint Supply’s acknowledgment, such terms will be null and void. Paint Supply’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Paint Supply of any of the terms and conditions contained herein or in Paint Supply’s acknowledgment.

Sales Policy

1. Prices
Prices listed do not include shipping fees, handling fees, taxes, and/or duties, and may be changed without notice.

2. Sales Tax
Paint Supply charges sales tax on shipments made to California, Pennsylvania, Texas, Utah and Washington.

3. Payment and Credit Terms
Paint Supply accepts Visa, MasterCard, Discover, American Express and PayPal. Payment information is collected and processed by Paint Supply’s secure third-party payment processor, Braintree, a PayPal Service.

Paint Supply generally charges your payment method at the time product is shipped. You may see a Pending Transaction or Authorization on your statement prior to shipment. In the event your product ships from more than one location, you may see more than one charge on your credit card or PayPal statement. Paint Supply reserves the right to charge your payment method prior to product shipment if deemed appropriate per Paint Supply’s sole discretion.

Customers may apply for PayPal Credit, which is a service offered by PayPal Inc. PayPal Credit is a revolving credit account offered by Synchrony Bank, and your use of this service is governed by a separate agreement among you, Synchrony Bank and PayPal, Inc. This agreement is currently available at PayPal Credit Terms and Conditions. Paint Supply is not a party to the PayPal Credit Terms and Conditions, and, for clarity, is not a “Lender” as defined in that agreement.

For customers with established credit directly with Paint Supply, payment terms are subject to the credit agreement between the customer and Paint Supply. All credit extended by Paint Supply to customer, and the limits of such credit, is at Paint Supply’s sole discretion, and may be reduced or revoked by Paint Supply at any time, for any reason. All payments must be made in U.S. dollars.

4. Paint Supply Reserves the Right to Accept or Reject Any Order
Paint Supply reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the quantity available for purchase per order and/or the number of individual orders that may be placed per customer per day; (ii) discontinue any product or service; (iii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iv) bar any user from making or completing any or all transactions; and (v) refuse to provide any user with any product or service.

5. All Items Are Sold for Use in the United States
If exported, purchaser assumes full responsibility for compliance with US export controls.

Shipping Policy

Orders Less Than $50
A $10.00 shipping and handling fee is charged on orders totaling less than $50 before tax and shipped to one address within the continental United States.

Orders of $50 or More, but Less than $100
A $7.00 shipping and handling fee is charged on orders totaling $50 or more, but less than $100, before tax and shipped to one address within the continental United States.

Orders of $100 or More
No shipping and handling fees are charged on orders of $100 or more before tax that ship through standard ground methods.

Shipping fees may be added in the event of expedited shipping, regardless of order value.

Shipping Times & Title
Paint Supply does not guarantee shipping times. Most orders ship via UPS Ground, but Paint Supply may alternatively use a variety of LTL shippers, the United States Postal Service or another carrier of its choice. Most orders ship 1-2 business days after the order is placed, and are delivered 1-3 business days after shipment. Exact delivery times will depend on your location, the products you ordered, and the carrier.

Title and risk of loss pass to customer upon tender of shipment to carrier.

Shipping Policy Exceptions
Paint Supply does not ship to P.O. boxes, Alaska or Hawaii, or outside of the United States.

Paint Supply does not currently offer expedited shipping.

Third-Party Shipping
Some orders may ship directly from the manufacturer, in which case the shipment is coordinated by the manufacturer. For any questions regarding a third-party shipment, please contact Customer Service at (844) 826-7105.

Return Policy

If you are not satisfied with your purchase, you may return product within 30 days of shipment for a refund of the product purchase price, less the freight costs of the return shipment, and provided the product is returned to Paint Supply undamaged. In order to be eligible for any refund, returns must be authorized and returned to Paint Supply using a Return Shipping Label provided by Paint Supply. To obtain a Return Shipping Label, please contact Customer Service at customerservice@paintsupply.com or (844) 826-7105.

Any refunds will be issued upon the return of the product to a Paint Supply distribution center, and will include the product purchase price and any applicable sales tax. Return freight charges, and the sale price of any product damaged or not returned, may be deducted from the refund. Returns that Paint Supply determines are due to product defect or Paint Supply’s own error may not be charged return freight.

Certain restrictions apply. Paint Supply reserves the right to refuse or limit any returns that, in Paint Supply’s sole judgment, appear to be fraudulent, abusive, in violation of these terms or otherwise inappropriate.

Limited Product Warranty and Limitation of Liability

1. Limited Warranty
Paint Supply warrants to the customer for seven (7) days from the delivery of the applicable product to customer (the “Warranty Period”), that the product will substantially conform to their published specifications, representations, and conditions.

2. Products Manufactured by Third-Parties
Upon receipt of payment for the applicable product, Paint Supply assigns to the customer any transferable rights to any warranties it may have in products manufactured by a third-party. For information on a specific manufacturer’s warranty, please contact Customer Service at customerservice@paintsupply.com or (844) 826-7105.

3. Breach of Warranty; Sole Remedy; Restriction
As Paint Supply’s sole obligation and the customer’s exclusive remedy for any breach of this warranty, Paint Supply agrees during the Warranty Period to make reasonable efforts to repair or replace the product, or provide a refund for the order, provided that the customer has returned the defective products to Paint Supply, and submitted proof of purchase.

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 may excludes labor and service charges related to the repair or replacement of the product. Warranties are void if a product defect has resulted from accident, abuse or abnormal use of the product.

4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
ALL OTHER WARRANTIES REGARDING PRODUCTS, WHETHER PS PRODUCTS OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.

WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE SERVICE TERMS, PAINT SUPPLY EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES MAY ARISE AND REGARDLESS OF. PAINT SUPPLY’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

5. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Paint Supply does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Paint Supply accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

Product Information

1. Website Information
Product depictions in the Paint Supply Property are for illustrative purposes only. Possession of, or access to any Paint Supply catalog, literature or websites does not constitute the right to purchase products. Paint Supply reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in the Paint Supply website. Paint Supply reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Paint Supply.

2. Product Substitution
Products may be substituted and may not be identical to published descriptions and/or images.

3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. AS INDICATED ABOVE, PAINT SUPPLY MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

4. SDS
SDS (formerly known as MSDS) information is available upon request by calling 844.826.7105.

Last Updated: March 18th, 2021