Welcome to Colorito.com (our “Website”). The Website is an online portal where individuals and businesses can schedule, book, and pay for paint and painting services. The Website allows you to submit a request for painting services (“Painting Services”) and then generates a quote (the “quote”) containing the details of the proposed project (number of rooms, room types, extras, specifications, etc.) (the “Project”). All services provided by Colorito to you by means of your use of the Website are hereafter referred to as the “Service”. By using the Website or the Service, you agree to the following Terms:
Painting Projects and Contract With Colorito
Colorito has sole and complete discretion to accept or reject each request for Painting Services. If Colorito accepts your Work Order request, they will contact you when available. If you indicate you wish to hire the Colorito for your Project, you are directly contracting with Colorito for the Painting Services. Colorito will then perform the Painting Services and complete your Project in accordance with the terms negotiated by you and Colorito, including those terms set forth in the Work Order and the Painting Contract.
Because painting is a subjective service, Colorito can’t offer refunds once work has started. However, we do offer a 100% satisfaction guarantee (the “Satisfaction Guarantee”). This means we will continue to work to accommodate you, including arranging for additional Painting Services to correct defective or deficient work, until you are 100% satisfied with the outcome. If Colorito did not satisfactorily complete the Painting Contract, you must let us know within 3 calendar days of completion of the Painting Services by contacting us at 480-521-8380 and we’ll come back and fix it – free of charge. Issues not reported within 3 calendar days will be corrected only in our discretion. In no event will any refunds or credits be provided once payment has been released to Colorito.
Payment and Payment Disputes
The Project Work Order estimate does not include additional charges which may accrue to correct hazardous conditions, such as the existence of lead paint, asbestos, mold, mildew or other hazardous substances. Colorito may immediately suspend work and/or cancel a Project for cause if such substances are encountered.
Colorito asks that if you must cancel your appointment for Painting Services, please do so more than 48 hours before the Project is scheduled to begin. Colorito reserves the right to cancel your Project for cause, such as if your site is unsuitable, inaccessible or unsafe or hazardous materials are present, or due to force majeure or inappropriate activity by you or third parties. In such a case, you will be responsible for paying for work performed prior to termination plus the cost of any Supplies specifically ordered for your Project.
Colorito takes reasonable commercial efforts to screen employees using reasonable background checks, reference checks and interviews. We also take reasonable steps to verify that Painters have obtained applicable state licenses and insurance/bonding. However, Colorito does not independently verify information from third party sources or verification services. You are encouraged to verify to your own satisfaction that the Painter has obtained the appropriate license, insurance and bonding requirements for your Project.
Your purchase of paint and other Project supplies via the Service (“Supplies”) is subject to these Terms and any terms of sale presented at the time you authorize the purchase. Supplies are not returnable or refundable once purchased. Colorito does not make any warranties with respect to Supplies. Supplies are warranted, if at all, only by the manufacturer as evidenced by any written license or warranty that is provided in connection with such product. In the event a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, Colorito shall have the right to refuse or cancel any orders placed for the Supplies listed at the incorrect price whether or not the order has been confirmed or accepted.
Colorito reserves the right to, and you expressly permit Colorito to, take photos and recordings of the work done by Painters and to reproduce and display such photos and recordings online and in marketing materials for the Service and/or Painters (including the right to permit our designees to do the foregoing). You agree to allow Colorito (or its designee) with reasonable access to the Project site for such purpose, and that you agree that Colorito may disclose, copy, reproduce, publicly display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use such photos and recordings, along with your name, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You hereby acknowledge that you have obtained all necessary rights and authorizations from other individuals and third parties with respect to the foregoing.
Links to third party sites/Third party services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Colorito and Colortio is not responsible for the contents or privacy policies of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Colorito is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Colorito of the site or any association with its operators.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Service strictly in accordance with these Terms. This license does not include any resale or commercial use of the Website or its contents; any reverse engineering of the Website or Service; any derivative use of the Website or its contents; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of the Website are expressly prohibited without the written consent of Colorito and any copyright owner from whom we have obtained a license.
As a condition of your use of the Website, you warrant to Colorito that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site.
All content included as part of the Website and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Colorito or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content.
Colorito is pleased to hear from its users, however you agree that we will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to us (“Feedback”), including via e-mails or telephone calls. Any such Feedback is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. By uploading or otherwise providing any Feedback to Colorito, you hereby grant Colorito, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.
Disclaimer of Representations or Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS.” COLORITO DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Colorito will not be responsible for any damages or loss that may result from the hacking or infiltration of the Website or Colorito’s computer systems. The information, software, products, and services included in or available through the Website or Service may contain technical inaccuracies, outdated information and typographical errors.
COLORITO’S SOLE WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE AND THESE TERMS IS THE SATISFACTION GUARANTEE FOR YOUR PARTICULAR PROJECT. YOUR SOLE REMEDY UNDER THE SATISFACTION GUARANTEE IS PERFORMANCE OF ADDITIONAL PAINTING SERVICES TO CORRECT ANY DEFICIENCIES IN ANY PAINTING SERVICES PROVIDED, AS PROVIDED IN THE GUARANTEE.
COLORITO MAKES NO OTHER REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR SUPPLIES OBTAINED BY OR FROM THIRD PARTIES, INCLUDING PAINTING SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PAINTING SERVICES OR THIRD PARTY SUPPLIES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Liability Disclaimer and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLORITO, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICE, (2) THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICE, (3) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PAINTING SERVICES, (4) ANY INFORMATION, SOFTWARE, SUPPLIES OR SERVICES OBTAINED THROUGH THE WEBSITE, (5) OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, SUPPLIES OR PAINTING SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLORITO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Colorito reserves the right, in its sole discretion, to terminate your access to the Website and Service or any portion thereof at any time, without notice. These Terms shall continue to apply for as long as you use the Service, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.
Changes to Terms
Colorito reserves the right, in its sole discretion, to change the Terms under which the Website and Service may be used by updating this posting, and your use after such change signifies your acceptance of the changed Terms. The most current version of the Terms will supersede all previous versions. Colorito encourages you to periodically review the Terms to stay informed of our updates.
The Service is controlled, operated and administered by Colorito from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Colorito content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Despite any representations concerning privacy, Colorito reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages on the Website may include additional or different terms relating to the use of personal information collected from such areas or pages.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Colorito as a result of these Terms or use of the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Colorito’s failure to enforce any part of these Terms will not be considered a waiver. You will not transfer any of your rights or obligations under these Terms to anyone else without Colorito’s consent.
Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Colorito with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Colorito with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Colorito, LLC welcomes your questions or comments regarding these Terms or your Project:
Effective as of October 01, 2018