Terms of Use

This Website and 877PAINTERS.com services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any  services operated by 877PAINTERS.com (including but not limited to 877PAINTERS.com.COM) on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.877PAINTERS.com.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on July 11, 2013.

1. INTRODUCTION TO 877PAINTERS.com: To become a 877PAINTERS.com Provider, you have to register and create your own password.

2. FIND A 877PAINTERS.com PROVIDER

1. You can view a directory of service professionals in your selected zip codes who provide services. These listings include ratings and reviews of those service professionals from their customers, when available.
2. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. 877PAINTERS.com does not endorse or recommend the services of any particular service professional. It is entirely up to you to evaluate a service professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a service professional. We do not guarantee or warrant any service professional's performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents 877PAINTERS.com, nor is 877PAINTERS.com an agent of the service professionals.
3. No Contracting via the 877PAINTERS.com.comWebsite. 877PAINTERS.com may inform you of certain offers or discounts provided by a service professional. Such offers or discounts are made solely by the service professional, and 877PAINTERS.com does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service Professionals via 877PAINTERS.com.com, or which you find on the 877PAINTERS.com website, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via 877PAINTERS.com. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via 877PAINTERS.com. To contract with a Service Professional, you must work directly with the Service Professional. 877PAINTERS.com does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
4. Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE 877PAINTERS.com (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
2. YOUR USE OF THE SERVICES AND PROHIBITED USES

You acknowledge and agree that your use of 877PAINTERS.com is for your personal use and not for advertising purposes. You may not use 877PAINTERS.com. to recreate or compete with 877PAINTERS.com, to solicit or harass 877PAINTERS.com service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to 877PAINTERS.com for any such damages, and will indemnify 877PAINTERS.com in the event of any third party claims against 877PAINTERS.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any 877PAINTERS.com products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by 877PAINTERS.com in its sole discretion that you are misusing or attempting to misuse or circumvent the 877PAINTERS.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, 877PAINTERS.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

4. INFORMATION YOU PROVIDE TO US

Upon using 877PAINTERS.com, you will be prompted to disclose certain information about yourself, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with 877PAINTERS.com and its partners and thus agree to be contacted by 877PAINTERS.com and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or 877PAINTERS.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 877PAINTERS.com has the right to refuse any current or future use of the 877PAINTERS.com services (or any portion thereof) by you. You are responsible for any use of the 877PAINTERS.com services by persons to whom you intentionally or negligently allow access to your password.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO 877PAINTERS.com AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO 877PAINTERS.com AND EACH 877PAINTERS.com SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF 877PAINTERS.com AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

4. CALL RECORDING

You acknowledge and agree that 877PAINTERS.com may monitor and/or record any telephone calls between you and 877PAINTERS.com.

5. USER GENERATED CONTENT

You agree that all of the content and information posted by you or your agents or designees on 877PAINTERS.com, including but not limited to:

• Ratings & Reviews
• Photographs or Images,
• Comments, Questions and/or Answers,
• Any other content
  (known collectively as "Content") is the sole and exclusive property of 877PAINTERS.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
  1. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
  2. Grant of License. You hereby grant 877PAINTERS.com and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the 877PAINTERS.com website in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
  3. Representation of Ownership and Right to Use Content. By posting or providing any Content to 877PAINTERS.com.com, you represent and warrant to 877PAINTERS.com.com that you own or have all necessary rights to use the Content, and grant to 877PAINTERS.com.com the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
  4. Content Guidelines. 877PAINTERS.com.com reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any 877PAINTERS.com owned or operated websites or apps if 877PAINTERS.com determines (in its sole discretion) that such content contains or features any of the following:
     1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
     2. References to illegal activity.
     3. Language that violates the standards of good taste or the standards of this Site.
     4. Statements that are or appear to be false.
     5. Comments that disparage 877PAINTERS.com.
     6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
        1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
        2. Comments concerning a different Service Professional.
        3. Information not related to work requested in the service request.
        4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.

5. RATINGS & REVIEWS ARE NOT ENDORSED BY 877PAINTERS.com

All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of 877PAINTERS.com. 877PAINTERS.com disclaims any and all representations or warranties with regard to the Ratings and Reviews. 877PAINTERS.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

6. ARTICLES AND OTHER CONTENT

877PAINTERS.com provides certain content relating to home improvement, repair, maintenance ("Articles"), on the 877PAINTERS.com site, and via mobile applications owned and operated by 877PAINTERS.com. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

7. LINKS TO THIRD PARTY SITES

The links in the 877PAINTERS.com site or apps will let you leave 877PAINTERS.com Web site. The linked sites are not under the control of 877PAINTERS.com and 877PAINTERS.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. 877PAINTERS.com is not responsible for webcasting or any other form of transmission received from any linked site. 877PAINTERS.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 877PAINTERS.com of the site.

8. INDEMNIFICATION

YOU AGREE TO INDEMNIFY 877PAINTERS.com, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE 877PAINTERS.com SERVICES, IN CONNECTION WITH THE 877PAINTERS.com WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

9. GENERAL PROVISIONS

You acknowledge and agree that the 877PAINTERS.com services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and 877PAINTERS.com sole obligation to you or any third party for any claim arising out of your use of the 877PAINTERS.com services or the 877PAINTERS.com site or apps, is that you are free to discontinue your use of the 877PAINTERS.com services or the apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, 877PAINTERS.com EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT 877PAINTERS.com SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF 877PAINTERS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of 877PAINTERS.com successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of 877PAINTERS.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the 877PAINTERS.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Los Angeles County, California. These Terms and Conditions constitute the entire agreement between you and 877PAINTERS.com and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.