Effective Date: October 11, 2023
By accessing or using this website, mobile application, or other websites that display these Terms and Conditions, or Paint Biz Scale (defined below) (collectively, this “Website”) in any way, you (“User,” “you,” or “your”) agree to be bound by this Terms and Conditions Agreement (the “Agreement” or “Terms and Conditions”). This Website is brought to you by Paint Biz Scale LLC (“Paint Biz Scale,” “we,” or “us”). The Agreement is a binding legal contract between you and us.
YOUR USE OF THIS WEBSITE IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THE SECTION OF THIS AGREEMENT TITLED “
Dispute Resolution by Binding Arbitration and Class Action Waiver
”. PLEASE CAREFULLY REVIEW THAT SECTION OF THIS AGREEMENT.
The Website may provide you the opportunity to submit requests for information about tax credits, benefits, and related services (“Services”) offered by us, and certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”), and to engage the services of us and others. By submitting a Request, you agree that we may and will share the information you provide in your Request with third parties, including any Service Providers regardless of whether or not you have specifically selected such Service Provider or asked that your information or Request be shared with such Service Provider.If any Service Provider(s) wishes to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Please contact the Service Provider(s) directly if you no longer wish to receive communications from them. The Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service.We cannot and do not guarantee that we or Service Providers will provide information responding to every Request you submit or that the Service Providers who respond to your Request will meet all of your requirements. We may reject any Request or elect not to forward a Request to participating Service Providers, for any reason or no reason. You should perform your own research and due diligence on each potential Service Provider prior to selecting or entering into any agreement or arrangement. We are not responsible or liable for any Service Provider’s acts or omissions including, WITHOUT LIMITATION, WITH RESPECT TO ANY INFORMATION OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE, FOR SUCH SERVICE PROVIDER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR SUCH SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANYSERVICES, OR FOR ANY AGREEMENT, ARRANGEMENT, OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.General RestrictionsBy using the Website or submitting a Request, you represent and agree that (1) you are at least 18 years old or the legal age of majority in your State (whichever is older); (2) you are authorized to enter into this Agreement; (3) you will not use the Website for any purpose or in any manner that violates any law or regulation or that infringes the rights of Paint Biz Scale or any third party;(4) any information or data you provide to Paint Biz Scale will not violate any law or regulation or infringe the rights of Paint Biz Scale or any third party; (5) all information that you provide to Paint Biz Scale in connection with the Website (e.g., name, e-mail address, or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations specified herein.You agree to use the Website only for your individual purposes and in compliance with all applicable federal, state, and local laws and regulations. Additionally, you agree that the Services and any information derived therefrom shall not be used to stalk, harass, bother, threaten, or embarrass any individual. Systematic access to or any extraction of content from the Website or database(s), including the use of “bots”, “spiders,” or “scraping” technology within a browser or browser-like program is strictly prohibited and constitutes grounds for suspending or terminating your account in accordance with this Agreement. We prohibit caching, unauthorized hypertext links to the Website, and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images, and/or information received through the Website and its affiliated websites to anyone without our express prior written consent. You may not: (a) use or permit the use of data accessed via the Website to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) use or permit the use of Website data for the purpose of verifying, enhancing, compiling, supplementing, adding to, deleting from or operating any telemarketing list, mailing list, direct mail service, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party.Privacy; Communications. By using Paint Biz Scale, you agree to our Privacy Policy, which is incorporated herein by reference. By submitting your contact information through the Website, you are providing your prior express written consent to receive marketing communications about financial and tax services via automated telephone dialing systems, pre-recorded calls, artificial voice, text messages, and emails from Paint Biz Scale, our advertising partners, and Service Partners, at the phone number and/or email address you provided or confirmed above, including landlines and wireless numbers, if applicable, even if the phone number is on a corporate, state, or national do not call list, or if you previously unsubscribed from emails. Consent is not a condition to purchase any goods or services. Nothing on this Website constitutes an offer, promise, or otherwise, to provide a specific tax credit or service or that any participating provider will offer you a specific tax credit or service for any purpose or on any specific terms. If you contact any Service Provider and submit any information to such Service Provider, your information remains between you and that Service Provider. We shall not be responsible or liable for any products, services, information, or other materials displayed, purchased, or obtained as a result of any information or offer in or results of any kind obtained from any Service Provider in connection with this Website. Customer Responsibility and Can-Spam Act. By agreeing to these Terms and Conditions, you acknowledge that you are responsible for complying with the Can-Spam Act and any other applicable laws regarding email communication and marketing activities. You understand and agree that any infringement or claim arising from your email communication activities is solely your responsibility, and neither our system, our company, nor any employee can be held accountable for any spam activity conducted under your company name. LinksExternal links to other internet sites or resources may be provided by Paint Biz Scale, Service Providers, or other third parties. Paint Biz Scale has no control over, and does not endorse such sites, resources, or entities. You acknowledge and agree that Paint Biz Scale is not responsible or liable for the availability or content, advertising, products, or any other material found on such external sites or resources. You further acknowledge that money back will only be issued to those that followed through with the expectations, you should always reply to any incoming request from possible customers in less than 48 business hours, you shall continue doing that for 6 consecutive weeks possibly 12 consecutive weeks. After 12 consecutive weeks if our system does not deliver 5 estimate requests to your inbox asking for information and or pricing we shall provide a refund. If you choose not to allow our team to make adjustments to your system during this timeframe you are voiding your guarantee. In order to deliver the results we might need to make changes to your system such as but not limited to: increasing the area, increasing more contacts and etc. Note that if you get emails and or requests from possible clients to your email we reserve the right not to issue a refund since once our system starts running and contacts companies on your behalf, they already have your information and could possibly result in new business for your company months down the road as they did not have your contact information prior to us enabling our system. If you decide to cancel future payments and stop with the service with no refund, you can submit your cancelation request via text message, email or phone call. Note that for your cancelation request to be proccessed you have to complete the cancelation form that will be sent to you upon request for cancelation. You understand and agree that if you decide to cancel prior to our guarantee wait period of 12 weeks, there is no refund due. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third parties.TerminationWe may terminate or suspend access to this Website and our Services immediately, with or without notice to you, for any reason or no reason whatsoever, in our sole judgment, including any time we determine, in our sole judgment, you have violated any of the Agreement, furnished us with false or misleading information, or interfered with use of the Website or the Service by others. In addition to any other rights and remedies we may have under this Agreement, or at law or in equity, we have the right to: revoke your right to use our Website and use any technological, legal, operational, or other means available to enforce this Agreement, including blocking specific IP addresses.Disclaimer of WarrantiesTO THE MAXIMUM EXTENT PERMITTED BY LAW:THE WEBSITE AND ANY CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU “AS AVAILABLE” AND “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND Paint Biz Scale DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, AGREEMENTS WITH RESPECT TO THE WEBSITE, AND ALL GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS) MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) IS OR WILL BE ACCURATE, TIMELY, CURRENT, COMPLETE, OR ERROR-FREE, OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE.Paint Biz Scale SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, Paint Biz Scale WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY Paint Biz Scale OR BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING SERVICE PROVIDERS. THE MAXIMUM LIABILITY OF Paint Biz Scale FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE),OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Paint Biz Scale TO ACCESS AND USE THE WEBSITE.IndemnificationYou agree that you shall indemnify, defend, and hold harmless Paint Biz Scale, its officers, directors, employees and agents, affiliates, and Service Providers against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website, your use or distribution of any information obtained therefrom, your access to or use of the Website, your breach or violation of this Agreement, any law or regulation, or the rights of us or any third party.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
You and we agree that if any concerns, complaints, demands for relief, disputes, or claims arise between you and Paint Biz Scale related to your visit or use of the Website, any Request you make through the Website, your relationship with Paint Biz Scale, communications with us or on behalf of us (including, but not limited to, telephone calls, text messages, emails, and indirect communications with us through third parties), any Services, or anything related to this Agreement (a “Dispute”) arises that is not resolved informally shall be resolved on an individual basis through
External links to other internet sites or resources may be provided by Paint Biz Scale, Service Providers, or other third parties. Paint Biz Scale has no control over, and does not endorse, such sites, resources, or entities. You acknowledge and agree that Paint Biz Scale is not responsible or liable for the availability or content, advertising, products, or any other material found on such external sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third parties