PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By accessing or using this website at www.modernpaintingandcoatings.com (the “Site”) you explicitly agree to comply
Modern Painting & Coatings provides you with access to this Site and the services available on it, including but not limited to, other websites as indicated below (collectively, the “Services”). Access to and use of the Services shall be governed at all times by these Terms and Conditions.
MODIFICATION OF SERVICES
Modern Painting & Coatings reserves the right to modify or discontinue the Services or any portion thereof, the offering of any information, goods, contents, products, services or otherwise with or without notice. Modern Painting & Coatings shall not be liable to you or any third party should Modern Painting & Coatings exercise its express right to modify or discontinue the Services or any portion thereof.
TERMINATION; SUSPENSION; MODIFICATION
You acknowledge and agree that Modern Painting & Coatings has the right at any time and in such frequency as it determines to suspend, discontinue, or terminate the Services, in whole or part, with or without notice to you. You further acknowledge and agree that Modern Painting & Coatings shall not be liable to you or any third party for any such suspension, discontinuance, or termination of the Services for any reason.
Under some circumstances, Modern Painting & Coatings reserves the right to terminate your access to the Services, in whole or in part, immediately and without notice to you. Reasons for such a termination include, without limitation, (i) a breach or breaches of the Terms and Conditions or other agreements and/or guidelines incorporated herein by reference, (ii) engagement by you in conduct that is deemed by Modern Painting & Coatings, in its sole and exclusive judgment, to be fraudulent or constituting an illegal act, (iii) a request made by you (self-selected termination); (iv) suspension, discontinuance, or material modification of the Services or a portion thereof; (v) unanticipated technical or security problems or issues; (vi) failure by you to pay or timely pay any fees, charges, or other monies due Modern Painting & Coatings or such third parties as it may serve as agent for in connection with settling a transaction, if applicable; and (vii) violation of any agreement entered into in connection with your use of the Services. Any termination by Modern Painting & Coatings of your account and/or access to the Services will include, without limitation (i) removal of access to any and all offerings comprising the Services, (ii) deletion of your secure password, log in information and related accounts, including all historical transaction data and summaries, if any, and (iii) a prohibition against your ability to use the Services at any time in the future. You acknowledge and agree that any termination for cause is in Modern Painting &
COPYRIGHT; LICENSE; INFORMATION
All materials on the Site, regardless of whether
This license does NOT include the right for you to:
Publish, publicly perform or display or distribute to any third party, any Materials, including reproduction on any computer network, broadcast or publications media;
Systematically collect or use of any data spiders, robots or other similar data gathering mining or extraction methods;
Reverse engineer any portion of the Site, the websites of third parties, or the Services contained herein;
Make derivative uses of the Site, Services or Materials;
Use, frame or utilize framing techniques to enclose any portion of this Site, Materials or Services;
Participate in or undertake any actions or practices that are not aligned with the spirit or intent of these Terms and Conditions or do anything that may be deemed to be commercially unreasonable.
Excluding the rights set forth above, you are not conveyed or granted any further right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, confidential or proprietary information of Modern Painting & Coatings or any third party. Unauthorized use of the Site or breach of the license granted hereunder will immediately terminate your rights under the license. Any unauthorized use may be in violation of federal, state or local law, regulations or guidelines. Any such violation is solely your responsibility and you shall indemnify Modern Painting & Coatings for any claim in law or equity that may be brought against us as a result of your unauthorized use.
Modern Painting & Coatings may retain and use all information you provide, including but not limited to your location(s), demographics and contact and billing information. You agree that Modern Painting & Coatings may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Services, including to third parties that reside in jurisdictions with less restrictive data laws than your own. Modern Painting & Coatings may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Modern Painting & Coatings disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. Modern Painting & Coatings may share non-personally-identifiable information about you, including your outlet’s URLs, your outlet’s statistics and similar information collected by Modern Painting & Coatings, with advertisers, business partners, sponsors
TRADEMARKS AND SERVICE MARKS
Modern Painting & Coatings, and any and all of our logos related thereto are either trademarks or service marks of Modern Painting & Coatings. Any and all logos of third parties that may be on or available through the Site are the trademarks or service marks of the respective third parties. Any such trademarks or service marks of Modern Painting & Coatings or third parties shall not be copied, imitated or used in whole or in part without prior written consent. You shall not use any Meta tags or any type of ‘hidden text’ utilizing Modern Painting & Coatings or any third party without the prior written consent of that respective party. All page headers, custom graphics, button icons
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Modern Painting & Coatings complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”) as applicable to Internet service providers (17 U.S.C. § 512, as
Electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest;
Description of the copyrighted work that you claim has been infringed upon;
Description of where the material that you claim is infringing your copyrighted material is located;
Your address, telephone
A statement by you that you have a reasonable, good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you made under penalty of perjury, that the above information in your notice to
Modern Painting &
Before sending a notice to Modern Painting & Coatings
LINKS TO OTHER WEBSITES
The Services available through the Site includes links to websites of third parties. Such third-party websites are NOT under the control of Modern Painting & Coatings. Further
DISCLAIMER OF LIABILITY FOR THIRD PARTY CONTENT
Modern Painting &
LIMITATION OF LIABILITY
IN NO EVENT SHALL Modern Painting & Coatings, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, MATERIALS OR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS SECTION, IN THE EVENT A SUBSEQUENT AGREEMENT ENTERED INTO IN CONNECTION WITH YOUR USE OF THE SERVICES PROVIDES FOR TERMS WITH RESPECT TO LIMITATION OF LIABILITY THAT IS CONTRADICTED BY THIS SECTION, THE TERMS WITH RESPECT TO LIMITATION OF LIABILITY SET FORTH IN SUCH SUBSEQUENT AGREEMENT WILL CONTROL AND SUPERSEDE THIS SECTION WITH RESPECT TO SUCH PARTICULAR SERVICES.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless Modern Painting & Coatings, and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms and Conditions, any Content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.
THIS SITE, THE MATERIALS
Modern Painting & Coatings, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES AND ANY MATERIALS ACCESSED, VIA DOWNLOAD OR OTHERWISE, FROM THE SERVICES.
ANY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION, RECORDS, REPORTS, AND RESEARCH, ACCESSED, VIA DOWNLOAD OR OTHERWISE, THROUGH THE SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.
Modern Painting & Coatings, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES (e.g., INFORMATION, RECORDS, REPORTS AND RESEARCH) WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS AND (iii) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS SECTION, IN THE EVENT A SUBSEQUENT AGREEMENT ENTERED INTO IN CONNECTION WITH YOUR USE OF THE SERVICES PROVIDES FOR WARRANTIES CONTRADICTED BY THIS SECTION, THE WARRANTIES SET FORTH IN SUCH SUBSEQUENT AGREEMENT WILL CONTROL AND SUPERSEDE THIS SUBSECTION WITH RESPECT TO SUCH PARTICULAR SERVICES.
NO INFORMATION, ADVICE, OR INSTRUCTION, REGARDLESS OF FORM OF COMMUNICATION, PROVIDED TO YOU FROM Modern Painting & Coatings, WHETHER THROUGH USE OF THE SERVICES OR FROM Modern Painting & Coatings’S OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES, WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
CHOICE OF LAW, WAIVER, CLAIMS
These Terms and Conditions shall be governed by the laws of the State of Ohio without regard to conflicts of law. Modern Painting &
Any and all claims or controversies arising out of or related to these Terms and Conditions will be settled in binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other claim or controversy of any other party. Such arbitration shall be conducted in Columbus, Ohio and any judgment rendered may be entered into any court having jurisdiction thereof. Either you or Modern Painting &
With respect to any litigation based on, arising out of, or in connection with the use of this Site, the Services or the Materials, the parties hereby expressly submit to the personal jurisdiction of the State of Ohio located in Franklin County or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively
Regardless of any statute, law, regulation or otherwise to the contrary,
The parties agree that the specific terms of these Terms and Conditions will not be disclosed to any person or entity, except as required by law, that is not a party to these Terms and Conditions or their respective independent contractors, assignees or affiliates on a need-to-know basis, which may include, but not necessarily be limited to, each respective party’s legal counsel, bankers and/or investors.
Notwithstanding the Confidentiality provisions of this Section, either party may issue press releases to announce the relationship formed herein and the services being offered. Each press release prepared shall be submitted to the other party for approval. Such approval may be withheld for any reason.
This Agreement constitutes the entire agreement between the parties in respect of the Services. Any modifications to these Terms and Conditions must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the Services after such terms have been updated by Modern Painting & Coatings.
The rights and remedies provided herein and in all other agreements, instruments, and documents delivered pursuant to or in connection with these Terms and Conditions, and by applicable law are cumulative and are in addition to and not exclusive of any other rights or remedies provided by law.
The provisions of these Terms and Conditions are severable. If any clause or provision hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision or part thereof in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction or any other clause or provision in these Terms and Conditions in any jurisdiction.
SUCCESSORS AND ASSIGNS.
You may not assign any of your rights or responsibilities hereunder without first receiving the prior written consent of Modern Painting & Coatings.
The section headings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise affect the terms of these Terms and Conditions.
RELATIONSHIP OF THE PARTIES.
Nothing in these Terms and Conditions is to be construed as creating an agency, partnership, or joint venture relationship between the parties.
You represent and warrant that by accepting these Terms and Conditions and/or using the Services in any way, that you are not breaching any duty or obligation to any third-party and that the person executing these Terms and Conditions on behalf of it is the duly authorized representative of such party and authorized to bind it to the terms of these Terms and Conditions.