Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies they reference, set the rules for your use of painterbakersfieldca.com and any related site that links to these Terms (the "Website"). Please review them carefully, as they affect your legal rights and obligations.
By accessing or using the Website, you accept these Terms. If you do not agree, do not use the Website. We may update these Terms or limit access at any time, with or without notice. Your continued use of the Website means you accept any changes. The Website is designed for users in the United States and its territories. You confirm that you are of legal age and meet these requirements.
Our Privacy Policy explains how we collect, use, and share personal information and is part of these Terms. By using the Website, you confirm that you have reviewed and accepted the Privacy Policy.
These Terms contain a binding arbitration agreement and a class action waiver (see Section 20: Dispute Resolution).
1. The Website and What We Do
The Website is an online platform that helps homeowners and consumers connect with independent service providers offering home improvement, maintenance, repair, renovation, and related services ("Third-Party Providers").
We do not:
- Perform professional or home improvement services.
- Review the quality, licensing, or legality of Third-Party Providers.
- Confirm regulatory compliance or licensing status.
- Employ or endorse Third-Party Providers.
Using the Website gives you:
- Access to tools that may connect you with Third-Party Providers.
- If you are a provider, exposure to potential customers.
You use the Website entirely at your own risk.
2. Form Submission and Contact Consent
When you submit a form, you agree that we may use your information as described in the Privacy Policy. You also give us and Third-Party Providers permission to contact you by:
- Phone (including autodialed or prerecorded calls)
- Text message
- Postal mail
Message and data rates may apply. Consent is not required to make a purchase. You may opt out by following the instructions provided.
You agree that:
- The information you submit is true and complete.
- We may monitor or record calls.
3. Eligibility and Authority
You may use the Website only if you can enter into a binding contract and meet all of the following:
- Be at least 18 years old.
- Be located in the United States or its territories.
- Not be prohibited from using the Website under applicable law.
If you accept these Terms on behalf of a business, you state that you have authority to bind that business.
4. License
We provide you with a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices. We reserve all rights not expressly granted to you.
5. Restrictions on Use
You may not:
- Use the Website to compete with us, harass others, or break the law.
- Scrape, hack, disrupt, or overload the Website.
- Gather user information for unsolicited outreach.
- Make false or misleading statements.
- Copy, frame, monitor, alter, or reuse content without permission.
- Reverse engineer the Website or remove security protections.
We may suspend or end access at any time without notice.
6. User Content and Feedback
You may submit content such as feedback, messages, or reviews. You keep ownership of that content, but you grant us a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display it.
You represent that:
- You own the content or have the right to submit it.
- It does not infringe laws or the rights of others.
We may use any feedback you send without restriction or obligation.
7. Links and Third-Party Sites
Any links to Third-Party Providers or outside websites are provided for convenience only. We are not responsible for their content, policies, or practices. Your use of those sites is governed by their own terms.
8. No Endorsement or Contracting
We do not verify, endorse, or guarantee any provider. Any quotes displayed are for reference only and are not binding. If you move forward with a provider, your agreement is directly between you and that provider.
9. Premier Partners and Communications
By submitting your information, you authorize partner companies to contact you using automated methods, including phone or email. You do not have to give consent to buy services. See Section 2 for opt-out information.
10. Disputes with Third Parties and Release
Any dispute with a Third-Party Provider is solely between you and that provider. You release us from claims connected to those disputes.
California residents waive rights under Civil Code §1542; similar waivers apply where permitted by law.
11. Intentional False Information
Submitting false address or contact information may create legal liability. You agree to indemnify us and any affected providers for resulting losses and damages.
12. Proprietary Rights
All content on the Website, including trademarks and copyrights, belongs to us or our licensors. Nothing in these Terms gives you ownership rights.
13. Reliance on Information
Information on the Website may be incomplete, outdated, or inaccurate. We do not guarantee that it is complete or correct.
14. Termination and Changes
We may change, suspend, or discontinue the Website or your access to it at any time. Some provisions will continue after termination, including disclaimers and arbitration terms.
15. Disclaimers
The Website is provided "as is" and "as available."
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
You use the Website at your own risk.
16. Limitation of Liability
To the fullest extent permitted by law:
- We are not responsible for indirect, incidental, or consequential damages.
- Our total liability is capped at $100 or the amount you paid us.
Some jurisdictions may not allow these limits.
17. Indemnification
You agree to defend, indemnify, and hold us harmless against claims arising from your:
- Breach of these Terms
- Content submissions
- Interactions with providers
18. DMCA and Infringement Notices
Send infringement claims to:
DMCA Agent
4023 Kennett Pike #50129
Wilmington, DE 19807
Include:
- Description of the work and its location
- Contact information
- Statement of authorization
False claims may create liability.
19. Electronic Communications
You agree to receive notices and other communications electronically through email or Website postings. Those communications satisfy any legal requirement that something be in writing.
20. Dispute Resolution and Arbitration
Disputes must be resolved through binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).
- Location: Boston, Massachusetts
- Claims ≤ $10,000 may be resolved by written submission.
- No class actions or jury trials allowed.
- The arbitrator's decision is final and binding.
21. Choice of Law and Venue
Delaware law governs these Terms.
Any dispute that is not subject to arbitration must be filed in state or federal court in Delaware.
22. International Use
The Website is operated from the U.S. If you access it from outside the country, you do so at your own risk.
23. Force Majeure
We are not responsible for delays or failures caused by events outside our control, including natural disasters, war, and power outages.
24. California Notice
Consumers may contact the California Department of Consumer Affairs at:
400 R Street, Sacramento, CA 95814
Phone: (800) 952-5210
25. Statute of Limitations
Any claim related to the Website must be brought within one year unless the law requires a different time limit.
26. Severability, Waiver, and Entire Agreement
If any part of these Terms is found unenforceable, the remaining provisions will stay in effect.
Headings are included for convenience only.
These Terms and the Privacy Policy form the complete agreement between you and us.
27. Miscellaneous
Using the Website does not create a joint venture, partnership, or employment relationship.
No third party has rights under these Terms.
28. Contact
If you have questions, contact us at the address above.
All rights reserved.
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