PainterMatch.com ONLINE BUSINESS DIRECTORY

TERMS AND CONDITIONS OF USE

BY OPENING A NEW PainterMatch.com^TM  ONLINE BUSINESS DIRECTORY ACCOUNT, OR (IN THE CASE OF AN EXISTING PainterMatch.com^TM  MEMBER) BY THE USE OF A PainterMatch.com^TM  MEMBER ID AND PASSWORD TO SIGN IN TO THE DIRECTORY, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.

Your use of the PainterMatch.com^TM  website constitutes your acknowledgement that you have read, understood, and agree to abide by all such terms, conditions, and notices.  The PainterMatch.com^TM Privacy Policy is incorporated herein by this reference.  If you do not agree to the Terms and Conditions, you may not open an account or use the Directory to post a listing for your business, and you should use your browser's "Back" button to return to the previous page. 

1.  Website.  This website is owned and operated by PainterMatch.com^TM  and includes a categorized company directory, designated as the “PainterMatch.com^TM  Online Business Directory” (the “Directory”), in which members of PainterMatch.com^TM  and non-members may post a directory-type listing for their business. All postings must comply with these Terms and Conditions.  In these Terms and Conditions a party posting or intending to post a listing in the Directory is referred to as “Client” or “You”. 

2.  Fees.  All postings by members of PainterMatch.com^TM  and by non-members are subject to fees in accordance with the Business Directory fee schedule posted on the PainterMatch.com^TM  website. By submitting a listing for posting the Client agrees to pay the current fee as of the time of submission. Fees are subject to change without notice.  Renewals will be subject to the fees in effect at the time the listing period expires.

3.  Taxes.  Client is solely responsible for all federal, state, or local sales, use, or similar transaction-based taxes, if any, which may be payable in connection with Client’s posting of a listing in the Directory.

4.  Right to Control Content.  PainterMatch.com^TM  has the right, but not the obligation, to monitor the content of listings submitted to the Directory, in order to determine whether listings are in compliance with these Terms and Conditions and are otherwise appropriate for the Directory, or for any other lawful purpose.  PainterMatch.com^TM  may refuse to post any submission, or may remove from the Directory any listing, that PainterMatch.com^TM  in its sole discretion finds to be not in compliance with these Terms and Conditions, or otherwise finds to be objectionable or inappropriate.  PainterMatch.com members may change their listing(s) at will.  Please note that submitted changes may take up to seven (7) business days to be posted to the Directory.  Non-member changes may take up to fourteen (14) business days to be posted to the Directory.

5.  Do Not Violate Third Party Intellectual Property Rights.  Without limiting the foregoing, You may not, and by using any or all of the PainterMatch.com^TM  website You agree not to, use the PainterMatch.com website to: (i) transmit material that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others.  For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, the waiver of moral rights and similar rights. 

6.  You Are Responsible For All of Your Activities and All of The Content You Post.  You are responsible for your communication content and transmissions.  You represent and warrant that any information you post or provide to PainterMatch.com^TM  website by your listing, including, without limitation, as part of any registration or application or to gain access to the PainterMatch.com website, is true, accurate, not misleading and offered in good faith.  Any information disclosed to you via the PainterMatch.com^TM  website including, without limitation, any content in any personalized areas of PainterMatch.com^TM  website, may be used only for its intended purpose.  PainterMatch.com^TM  expects that you will exercise caution, good sense and proper judgment in using the PainterMatch.com^TM  website.  You agree NOT to use PainterMatch.com^TM  website for, or in connection with, any of the following activities:

a.  restricts or inhibits any other user from using or enjoying the website;

b. in PainterMatch.com's sole discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;

c.  violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;

d.  spoofs or otherwise impersonating any person or entity, including, without limitation, any other users or any of PainterMatch.com’s personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;

e.  any fraudulent or illegal purpose, or any use which violates the accepted norms of the Internet community, whether or not expressly mentioned in this agreement, as well as any activity that could damage PainterMatch.com’s commercial reputation and goodwill or the commercial reputation and good will of its vendors and customers;

f. emailing, uploading, or otherwise transmitting or using the PainterMatch.com^TM  website in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and

g.  transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of PainterMatch.com’s (or anyone else’s) website, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate Company’s rules or policies.

7.  Eligible Listings.  Only listings for businesses that provide goods or services of business-related usefulness to interior and/or exterior house, commercial, and/or industrial painting will be accepted for the Directory unless otherwise specifically permitted by PainterMatch.com^TM. 

8.  Competitors’ Listings.  The Directory may include listings for more than one company in a category.  Accordingly, a Client’s listing may appear on the same page or screen of the Directory as a competitor’s listing.

9.  One Listing per Posting.  Each posting shall submit a listing for only one business entity and one category in which the listing is to be indexed.  Multiple categories for a business entity will require multiple postings.  Fees for listing a business in multiple categories are as set forth in the Business Directory fee schedule.

10.  Duration and Cancellation of Listings.  Listings will be removed upon expiration, or upon written or e-mail notification from Client to cancel the listing.  Extending a listing beyond its expiration date requires resubmission by Client and payment of a new posting fee. 

11.  Errors; Sole Remedy.  Any listing that is accepted for posting on the Directory will be posted using the information as submitted by the Client.  Client bears sole responsibility for the accuracy of submitted information.  Clients are responsible for all changes to their listing(s), but should a Client listing require PainterMatch.com’s intervention to correct, Client’s error shall be subject to a separate service fee based upon the time required by PainterMatch.com^TM  to effectuate the correction.  PainterMatch.com^TM  will not be responsible for any error in a listing unless caused by a technical error or equipment failure on the part of PainterMatch.com^TM,  IN WHICH EVENT PAINTERMATCH.COM'S SOLE RESPONSIBILITY AND LIABILITY SHALL BE TO REMOVE THE ERRONEOUS LISTING AND REPOST IT WITH THE INFORMATION AS ORIGINALLY SUBMITTED BY CLIENT.

12.  Passwords.  Upon agreement to comply with these Terms and Conditions, and completion of an online registration form, Client will be required to select a PainterMatch.com^TM  Online Business Directory user name and a password.  Client will be required to provide both the password and the PainterMatch.com Online Business Directory user name each time a listing is submitted.   Members of PainterMatch.com^TM  who wish to post listings will be required to provide their PainterMatch.com^TM  Member ID and Member Password at the time a listing is submitted.

13.  Submission of Listings; Authorization to Charge Client.  A Client may submit a listing for posting only by completing and submitting the proper form on the PainterMatch.com^TM  website. The submission of a posting form shall constitute Client’s agreement to pay the applicable posting fee, and shall be the authorization for PainterMatch.com^TM  either to charge the Client’s designated credit card account or to send an e-mail invoice to Client for the applicable posting fee.  It is the responsibility of Client to safeguard the confidentiality of Client’s password and identification number, and to notify PainterMatch.com^TM  immediately upon learning that an unauthorized person has gained access to Client's information.  Client shall be responsible to pay the posting fee for any submission made under the Client’s user name and password, until such time as PainterMatch.com^TM  has received notice in writing, by mail or e-mail, that Client’s user name and/or password has been lost, stolen, or compromised. 

14.  Confirmation, Billing and Payment. PainterMatch.com^TM  or its assignee will send an e-mail confirmation to the Client when a submitted listing has been posted, and at that time will either charge the Client's designated credit card account for the applicable fee or send an e-mail invoice for the fee to Client.  Payment of any invoice is due upon receipt.  Repeated failure to make prompt payment may result in a cancellation of the Client's account and a loss of posting privileges.  CONSENT TO ELECTRONIC TRANSACTIONS.  CLIENT AGREES THAT ANY TRANSACTIONS, CONFIRMATIONS, BILLINGS, NOTICES, AND COMMUNICATIONS OF ANY KIND (collectively, “Transactions”) IN CONNECTION WITH CLIENT’S PainterMatch.com^TM  ONLINE BUSINESS DIRECTORY ACCOUNT MAY BE CONDUCTED THROUGH ELECTRONIC MEANS INCLUDING BUT NOT LIMITED TO E-MAIL, AND THAT ANY NOTICE TRANSMITTED IN THAT MANNER SHALL BE AS EFFECTIVE AS IF IT HAD BEEN DELIVERED TO CLIENT IN WRITING ON PAPER.  ELECTRONIC NOTICES TO CLIENT MAY BE SENT TO THE E-MAIL ADDRESS MOST CURRENTLY FURNISHED BY CLIENT TO PainterMatch.com^TM.

15.  Unacceptable Postings.  No fee will be charged if PainterMatch.com^TM  rejects a submitted listing and it does not appear on the Directory.  If a listing appears on the Directory and is subsequently removed by PainterMatch.com^TM  for violation of these Terms and Conditions or otherwise, PainterMatch.com^TM  in its sole discretion will determine whether to refund or credit all or part of the fee to the Client. 

16.  Representations by Client.  By submitting a listing to the Directory, Client represents (a) that the listing accurately identifies the company being advertised, and accurately describes the nature of the company and the nature of the goods or services being offered, and (b) if the listing is to be free of charge, that it is for the Client's own company or one of its operating divisions.

17.  No Solicitation for Lists.  Client agrees that it will not solicit members of PainterMatch.com^TM  for the purpose, or with the intent, of obtaining any list of PainterMatch.com^TM  members.

18.  Copyright. The PainterMatch.com^TM  website, including but not limited to the Directory, is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the PainterMatch.com^TM  website ("Content") are protected by copyright, and are either owned, controlled or licensed by PainterMatch.com^TM.  Client will abide by any and all additional copyright notices, information, or restrictions contained in any Content. Unless otherwise explicitly stated on the website, Client may print but may not otherwise download the Content without the express written consent of PainterMatch.com^TM,  provided that Client maintains all copyright and other notices contained in such Content.

19.  License to PainterMatch.com^TM.  By posting messages, listings, or advertisements, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") on or to the PainterMatch.com^TM  website, Client hereby grants to PainterMatch.com^TM  a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. Client hereby waives all rights to any claim against PainterMatch.com^TM  for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

20.  Confidentiality Not Guaranteed.  Client acknowledges that transmissions to and from the website are not confidential and Client’s Communications may be read or intercepted by others. Client acknowledges that by its submitting Communications to PainterMatch.com^TM,  no confidential, fiduciary, contractually implied or other relationship is created between Client and PainterMatch.com^TM  other than pursuant to the Terms and Conditions.

21.  Indemnification.  Client hereby agrees to indemnify, defend and hold PainterMatch.com^TM,  and any of its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys fees and costs incurred by the Indemnified Parties in connection with any claim arising out of Client’s use of the website or any breach by Client of the Terms and Conditions, including, but not limited to, all liability and costs to PainterMatch.com for Client’s infringement of any of Client’s warranties, representations or acknowledgments herein. Client shall cooperate as fully as reasonably required in the defense of any claim. PainterMatch.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client and Client shall not in any event settle any matter related hereto without the written consent of PainterMatch.com^TM.

22.  Changes to Content.  PainterMatch.com^TM  may change, suspend, or discontinue any aspect of the website at any time, including the availability of any website feature, database, or content.

23.  DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.  

a.  The website, including all content, software, functions, materials and information made available on or accessed through the website, is provided "as is."  To the fullest extent permissible by law, PainterMatch.com and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content or the materials, information and functions made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information to or through the website or any hyperlinked site.

b. PainterMatch.com^TM  AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PainterMatch.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. PainterMatch.com^TM  and its subsidiaries and affiliates shall not be liable for direct or any consequential or other indirect damages related to Client's use of the website, including without limitation, the content and any errors contained therein. 

d. Listings in the Directory direct customers using the website to respond directly to Client.  Any responses mistakenly sent to PainterMatch.com are forwarded directly to Client without any review or modification by PainterMatch.com except to identify the Client to whom it is directed and to forward it to that Client. THE POSTINGS ON THE PainterMatch.com^TM  WEBSITE ARE AVAILABLE TO BE VIEWED BY ALL USERS OF THE INTERNET.  PainterMatch.com^TM  DOES NOT INVESTIGATE, INTERVIEW, SCREEN, OR OTHERWISE REVIEW THE IDENTITY, BACKGROUND, QUALIFICATIONS, OR ANY OTHER CHARACTERISTICS OF PERSONS WHO RESPOND TO POSTINGS OF LISTINGS ON THE WEBSITE ("RESPONDENTS").  ALL DEALINGS WITH PERSONS WHO RESPOND TO A LISTING ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO REPLYING, INVESTIGATING, INTERVIEWING, VERIFYING IDENTITY, EVALUATING, AND MAKING BUSINESS DECISIONS WITH REGARD TO SUCH RESPONDENTS ARE THE SOLE RESPONSIBILITY OF THE CLIENT, AND PainterMatch.com^TM  ASSUMES NO RESPONSIBILITY FOR ANY DEALINGS WITH SUCH RESPONDENTS OR FOR ANY CONDUCT, ACTION, OR INACTION OF ANY RESPONDENT.  CLIENT AGREES TO ASSUME ALL RISKS INVOLVED IN OR ARISING FROM DEALINGS WITH, AND WITH RESPECT TO, SUCH RESPONDENTS.

PAINTERMATCH.COM EXERCISES REASONABLE EFFORTS TO KEEP THE INFORMATION ON THIS WEBSITE COMPLETE AND CURRENT.  PAINTERMATCH.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION AND YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE.  THIS WEBSITE AND THE INFORMATION CONTAINED ON IT OR AVAILABLE THROUGH IT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  PAINTERMATCH.COM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PAINTERMATCH.COM WEBSITE AT ANY TIME.  ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

e. Links and pointers from the website to other sites or resources on the World Wide Web, or from third-party sites to the PainterMatch.com^TM  website, do not constitute an endorsement by PainterMatch.com^TM  or any of its subsidiaries or affiliates of any third party resources or their contents.  PainterMatch.com^TM  undertakes no obligation to monitor such sites, and you agree that PainterMatch.com^TM  is not responsible for the content of such sites or any technical or other problems associated with any such third-party site, links or usage, including without limitation any link contained in a linked site, any other site’s Privacy Policy, Terms of Service or Use, or any changes or updates to any linked site.  PainterMatch.com^TM  has no association or affiliation with any other website.

f.  IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE LIABILITY OF PainterMatch.com^TM  AND ITS SUBSIDIARIES AND AFFILIATES FOR ALL DAMAGES, LOSS AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, ITS OWN NEGLIGENCE, UNDER STRICT LIABILITY, OR ANY OTHER THEORY, EXCEED THE AMOUNT PAID BY YOU FOR THE TRANSACTION FROM WHICH, OR IN RELATION TO WHICH, THE CLAIM AROSE.

24.  WARRANTY DISCLAIMER.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAINTERMATCH.COM^TM  DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS IN REGARD TO THIS WEBSITE, THE PRODUCTS, AND THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAINTERMATCH.COM^TM  DOES NOT WARRANT THE OPERATION OF THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. 

25.  LIABILITY DISCLAIMER.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAINTERMATCH.COM^TM  AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PAINTERMATCH.COM^TM  WEBSITE OR THE INABILITY TO USE THE PAINTERMATCH.COM^TM  WEBSITE OR RELATED SERVICES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE PAINTERMATCH.COM^TM  WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PAINTERMATCH.COM^TM  WEBSITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PAINTERMATCH.COM^TM  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PAINTERMATCH.COM^TM,  ITS SUPPLIERS, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PAINTERMATCH.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PAINTERMATCH.COM^TM  WEBSITE.

26.  Amendment of Terms and Conditions.  PainterMatch.com^TM  reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time without notice. Your continued use of the PainterMatch.com^TM  website will mean you accept and agree to the changes.  Please revisit this page to ensure you agree with any changes that may have been posted since your last visit.

27.  Waiver.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

28.  No Partnership.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and PainterMatch.com^TM  as a result of this agreement or use of the PainterMatch.com^TM  website. 

29.  Governing Law.  Client agrees that all disputes arising from or related to the use of PainterMatch.com's website will be governed by the law of the State of Colorado, without regard to conflicts of laws provisions, and that the state or federal courts of Colorado shall have exclusive jurisdiction over all such disputes.  Client consents to be subject to the personal jurisdiction of the state and federal courts of Colorado.  Use of the PainterMatch.com^TM  website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. 

30.  Entire Agreement; Time for Action; Severability.  These Terms and Conditions constitute the entire agreement between PainterMatch.com^TM  and Client with respect to Client’s use of the website.  Any cause of action Client may have with respect to Client’s use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.