Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies they reference, control your access to and use of olathepaintpros.com and any related site that links to these Terms (the "Website"). Please review them carefully, since they affect your legal rights.
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. If you keep using the Website after changes are posted, that means you accept the revised Terms. The Website is intended for users in the United States and its territories. You confirm that you are of legal age and meet these requirements.
Our Privacy Policy describes how we collect and use personal information and is part of these Terms. By using the Website, you acknowledge that you have read and agree to 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 a technology platform that enables homeowners and consumers in the Olathe, KS area to submit requests for interior painting, exterior painting, residential painting, commercial painting, cabinet refinishing, deck staining, and related home improvement services ("Painting Services") from independent service providers ("Third-Party Providers").
We do not:
- Provide professional painting services directly.
- Evaluate the quality, licensing, or legality of Third-Party Providers.
- Confirm regulatory compliance or licensing status.
- Endorse or employ Third-Party Providers.
Using the Website gives you:
- Access to tools that connect you with Third-Party Providers offering Painting Services in Olathe and nearby Johnson County communities.
- If you are a provider, exposure to potential customers in the Olathe, KS area.
All use is at your own risk.
2. Form Submission and Contact Consent
When you submit a form to request a painting estimate or service, you consent to our use of your information as described in the Privacy Policy. You also expressly agree to be contacted by us and Third-Party Providers through:
- Phone (including autodialed or prerecorded calls)
- Text message
- Postal mail
Message and data rates may apply. Consent is not a condition of purchase. You may opt out by following the instructions provided.
You agree that:
- All information you submit is accurate.
- 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 satisfy all of the following:
- You are at least 18 years old.
- You are located in the United States or its territories.
- You are not prohibited from using the Website under applicable law.
If you accept these Terms on behalf of a business, you represent that you have the authority to bind that business.
4. License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices. All rights not expressly granted remain reserved.
5. Restrictions on Use
You may not:
- Use the Website to compete with us, harass others, or take part in unlawful activity.
- Scrape, hack, or overwhelm the Website.
- Gather user information for unsolicited outreach.
- Make false statements or misrepresentations.
- Copy, monitor, frame, or alter content without permission.
- Reverse engineer or bypass security protections.
We may suspend or end access without notice.
6. User Content and Feedback
You may submit content such as feedback, messages, or reviews of painting services. You keep ownership of your 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 necessary rights to share it.
- The content does not violate any law or infringe the rights of others.
We may use any feedback you provide without restriction or obligation.
7. Links and Third-Party Sites
Links to Third-Party Providers or other websites are provided for convenience only. We are not responsible for their content, policies, or business practices. Your use of those sites is governed by their own terms.
8. No Endorsement or Contracting
We do not endorse, verify, or guarantee any painting service provider. Any quotes displayed are for informational purposes only and are not binding. Any agreement for painting services is solely between you and the provider.
9. Premier Partners and Communications
By submitting your information, you authorize partner companies to contact you using automated technology, including phone or email. Consent is not required to buy services. See Section 2 for opt-out information.
10. Disputes with Third Parties and Release
Any dispute you have with a Third-Party Provider is strictly between you and that provider. You release us from claims connected to those disputes.
California residents waive Civil Code §1542; similar waivers apply in other jurisdictions.
11. Intentional False Information
Submitting false contact or address information may expose you to 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. No ownership is transferred to you.
13. Reliance on Information
Information on the Website may be outdated, incomplete, or inaccurate. We make no promise 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. Certain terms survive termination, including disclaimers and arbitration provisions.
15. Disclaimers
The Website is provided "as is" and "as available."
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
Use of the Website is 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 limited to $100 or the amount you paid us.
Some jurisdictions may not allow these limitations.
17. Indemnification
You agree to defend, indemnify, and hold us harmless from claims arising out of your:
- Breach of these Terms
- Content submissions
- Interactions with painting service providers
18. DMCA and Infringement Notices
Send infringement claims to:
DMCA Agent
4023 Kennett Pike #50129
Wilmington, DE 19807
Include:
- A description of the work and where it appears
- Your contact information
- A statement that you are authorized to act
False claims may create liability.
19. Electronic Communications
You consent to receive electronic communications by email or through Website postings. These communications satisfy any legal requirement for a written notice.
20. Dispute Resolution and Arbitration
Disputes are resolved through binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).
- Location: Boston, Massachusetts
- Claims ≤ $10,000 may be decided on written submissions.
- No class actions or jury trials allowed.
- The arbitrator's decision is final and binding.
21. Choice of Law and Venue
These Terms are governed by Delaware law.
Non-arbitrable disputes must be brought in state or federal courts 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 liable for delays or failures caused by events beyond our control, including natural disasters, war, or 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
Claims related to the Website must be filed within one year unless the law requires a different period.
26. Severability, Waiver, and Entire Agreement
If any provision is found invalid, the remaining provisions stay in effect.
Headings are provided 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.
Third parties have no rights under these Terms.
28. Contact
If you have questions, contact us at the address above.
All rights reserved.
