Terms and Conditions for Harvey's House Painting
Interpretation and Definitions
INTERPRETATION
The capitalized words herein shall carry the meanings ascribed to them under the following conditions. These definitions shall apply uniformly whether in singular or plural form.
DEFINITIONS
For the purpose of these Terms and Conditions:
Associate refers to any entity that exercises control over, is controlled by, or shares common control with another party. Control, in this context, denotes ownership of 50% or more of the shares, equity interest, or other securities with voting rights for selecting directors or other managing authorities.
Region refers to: California, United States
Company (referred to interchangeably as “the Company”, “We”, “Us” or “Our” in this document) refers to Harvey's House Painting, located in Rio Linda, CA.
Device denotes any apparatus capable of accessing the Service, such as a computer, mobile phone, or tablet.
Input denotes feedback, suggestions, or innovations provided by You regarding the qualities, performance, or features of our Service.
Service refers to the Company's painting services, whether interior or exterior.
Terms and Conditions (also referred to as “Terms”) imply these Terms and Conditions, constituting the complete agreement between You and the Company concerning the use of the Service.
Third-party Social Media Service refers to any services or content (including data, information, products, or services) offered by a third-party, which may be integrated, included, or made accessible through the Service.
Website refers to Harvey's House Painting's website, accessible via www.harveyshousepainting.net
You refers to the individual accessing or utilizing the Service, or the corporation, or other legal entity on whose behalf such individual accesses or uses the Service.
Acknowledgment
These Terms and Conditions regulate the utilization of this Service and establish the agreement between You and the Company. They delineate the rights and responsibilities of all users concerning the utilization of the Service.
Your access to and utilization of the Service are contingent upon Your acceptance and adherence to these Terms and Conditions. These Terms and Conditions are applicable to all visitors, users, and other individuals who access or use the Service.
By accessing or using the Service, You consent to be bound by these Terms and Conditions. Should You disagree with any aspect of these Terms and Conditions, You may not access the Service.
You affirm that You are over the age of 18. The Company prohibits individuals under 18 from using the Service.
Your access to and utilization of the Service also hinges on Your acceptance and adherence to the Company's Privacy Policy. Our Privacy Policy outlines Our protocols and practices regarding the collection, utilization, and disclosure of Your personal information when You use the Service. It elucidates Your privacy rights and how legal provisions safeguard them. Please peruse Our Privacy Policy attentively prior to utilizing Our Service.
Intellectual Property
The Service, along with its original content (excluding Content contributed by You or other users), features, and functionalities, constitute and shall continue to constitute the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other applicable laws within both the Region and foreign jurisdictions.
Our trademarks and trade dress cannot be employed in connection with any product or service without the prior written authorization of the Company.
Your Input to Us
You relinquish all rights, titles, and interests in any Input You furnish to the Company. If, for any reason, such relinquishment is ineffective, You consent to granting the Company a non-exclusive, perpetual, irrevocable, royalty-free, global right and license to utilize, reproduce, disclose, sublicense, distribute, modify, and exploit such Input without constraints.
Links to Other Websites
Our Service may comprise links to third-party websites or services not owned or managed by the Company.
The Company lacks control over, and assumes no accountability for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall neither be responsible nor liable, directly or indirectly, for any damage or loss incurred or purported to be incurred as a result of or in connection with the utilization of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advocate for Your perusal of the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We reserve the right to terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including, but not limited to, Your violation of these Terms and Conditions.
Upon termination, Your entitlement to utilize the Service shall cease immediately.
Limitation of Liability
Despite any damages You might incur, the aggregate liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the above, shall be capped at the amount actually paid by You via the Service or 100 USD if You have not made any purchases via the Service.
To the utmost extent permissible by applicable law, under no circumstances shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the utilization of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages, and even if the remedy fails to serve its essential purpose.
Some jurisdictions do not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages, thereby implying that some of the aforementioned limitations may not apply. In such jurisdictions, each party’s liability will be restricted to the maximum extent permissible by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is proffered to You “AS IS” and “AS AVAILABLE,” replete with all faults and imperfections, sans any warranty of any kind. To the utmost extent permissible under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Service. This encompasses all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, along with warranties that may arise from the course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be rectified.
Without curtailing the aforementioned, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Certain jurisdictions do not permit the exclusion of certain types of warranties or the limitation of applicable statutory rights of a consumer. Consequently, some or all of the aforementioned exclusions and limitations may not apply to You. However, in such an event, the exclusions and limitations stipulated in this section shall be applied to the utmost extent enforceable under applicable law.
Governing Law
The laws of the Region, sans its conflicts of law principles, shall govern these Terms and Your utilization of the Service. Your utilization of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
Should You harbor any concern or dispute about the Service, You consent to initially attempting to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are an EU consumer, You will benefit from any mandatory provisions of the law of the country in which You reside.
United States Legal Compliance
You warrant and represent that (i) You are not situated in a country subjected to an embargo by the United States government or designated by the United States government as a “terrorist supporting” country, and (ii) You are not enumerated on any United States government list of prohibited or restricted parties.
Severability and Waiver
SEVERABILITY
Should any provision of these Terms be deemed unenforceable or invalid, such provision shall be amended and interpreted to achieve the objectives of such provision to the maximum extent possible under applicable law, while the remaining provisions shall continue in full force and effect.
WAIVER
Save as provided herein, the failure to exercise a right or to demand performance of an obligation under these Terms shall not impinge upon a party’s capacity to exercise such right or demand such performance thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the prerogative, at Our sole discretion, to modify or supplant these Terms at any time. In the event of a material revision, We shall endeavor to provide a minimum of 30 days’ notice before the new terms take effect. What constitutes a material change will be decided at Our sole discretion.
By continuing to access or use Our Service after the effective date of such revisions, You consent to be bound by the revised terms. Should You disagree with the new terms, in whole or in part, kindly refrain from utilizing the website and the Service.
Contact Us
For inquiries regarding these Terms and Conditions, You can reach out to us:
Via email: