Terms & Conditions

1. Introduction To Easy Paint

Welcome to easypaint.com, an online platform owned and operated by Easy Paint, L.L.C., where the mission is to bridge the gap between Painters (hereinafter “Painters”) and customers using a single website. Registered Users of the online marketplace may post painting jobs and solicit bids from Painters who register with Easy Paint. (All such Registered Users and Painters hereinafter “Users.”)

2. Acceptance Of Terms

Easypaint.com (hereinafter “Website” or “Site”) and the referral and payment services (hereinafter “Service”) made available by Easy Paint, L.L.C. (hereinafter “Easy Paint”), are provided under the terms, conditions and notices described in these terms and conditions (hereinafter the “Terms and Conditions”).

These Terms and Conditions and Easy Paint’s Privacy Policy (together the “Terms”) constitute a contractual agreement between you, or entity which you represent, if you are using this Website in connection with your employer (“you”), and Easy Paint regarding your use of the Service and Website and any activities or transactions you may conduct through the Website. By using this Website or Easy Paint’s Service you are agreeing to be bound by the Terms whether or not you choose to register.

Easy Paint reserves the right to amend the Terms at any time. The revised version of these Terms shall become effective upon posting on the Website. Your continued use of our Site or the Service following the posting of changes to these Terms will constitute your acceptance of any and all posted changes. Easy Paint may change, move or delete portions of the Website and Service from time to time.

3. Eligibility

You must be at least eighteen (18) years of age to register and by registering you are certifying that you are legally qualified to enter into and form contracts under applicable law.

4. Easy Paint Registration

During registration, Easy Paint will ask you to setup your username and password in order to gain access to the Service. In order to properly identify and categorize Easy Paint’s Users, the Website will offer three unique options: 1) Homeowner, 2) Painter and 3) Professional registration.

4.1. A Homeowner is any person who owns his or her home, or tenants or occupants of a property that warrant that they have the right to engage in the service outlined in these Terms and Conditions. Homeowners may:

• Create a profile
• Post their jobs
• Accept bids
• Rate their Painter after the job is complete

4.2. A Painter is a person or company that undertakes to provide labor and/or material to perform a service or job found through Easy Paint or the Website. Painters may:

• Create a profile
• Post their jobs
• Bid on posted jobs
• Rate the Homeowner or Professional after the job is complete
• Pay online

4.3. A Professional is defined as any organization (such as national builders, property management, large commercial contracting firms, commercial real estate, schools, government, non-profits) that periodically enters into contracts with Painters. Professionals may:

• Create a profile
• Post their jobs
• Accept bids
• Rate the Painter after the job is complete

5. Membership, Fees & Payments

5.1. Membership. Easy Paint provides FREE REGISTRATION AND MEMBERSHIP to all eligible homeowners and professionals who otherwise meet the requirements of the Terms and seek to engage Painters using the Service (“Homeowners and Professionals”.)

5.2. Contracts for Painting Jobs (“Contracts”). As described in more detail below, Homeowners and Professionals may contract with Painters for specific painting jobs through the Service.

5.3. Fees Applicable.

Easy Paint does not impost fees to users. the price quoted in bids to Homeowners and Professionals represents the total amount charged by the Painter. There is no cost to using Easy Paint and the price quoted by each Painter shall be paid as specified after the Homeowner or Professional accepts the Painter's bid and Painter meets the obligations set forth in the contract.

6. Billing & Payment Options

6.1 Once the Homeowner or Professional accepts a bid, the payment method specified by the Painter becomes part of the Contract with the Painter selected, and governs how payments are made.

7. Billing and Payment Terms

7.1 How to Pay for Jobs. To pay a Painter, User must follow the payment terms in the Contract between such User and Painter as agreed to upon accepting the Painter's bid.

7.2 Homeowners and Professionals agree to make all necessary payments to Painters identified through the Service as specified in the Contract.

7.3 Painters agree to receive all payments from any User identified through the Service, and any job bid on through the Service as specified in their Contracts. A User is not obligated to pay any invoice to a Painter unless such invoice originates from the Contract formed on Easy Paint.

7.5 To ensure and maintain the integrity of the Services, you agree to notify Easy Paint immediately if a Painter solicits additional payments from you outside the Website or a User seeks to pay additional amounts outside the Website. Such notifications shall be submitted via a confidential report to Easy Paint by sending an email to service@easypaint.com.

7.6 No Responsibility for Painters’ Services or User Payments.

Easy Paint acts as a referral service by creating, hosting, maintaining, and providing the Service. Easy Paint does not have any control over the Painter’s services obtained through the Service, nor whether a User or Painter will actually complete a transaction. Nothing in the Service will be deemed to constitute Easy Paint as responsible with respect to any painting services purchased and sold through the Site, or create any warranty, liability or indemnity other than as expressly stated in these Terms and Conditions.

7.7 Disputes Between Users and Painters.

Any disputes in connection with services provided by Painters or payments made by Users remain between such Users and Painters. By using the Service, you acknowledge that Easy Paint will not be a party to any such dispute. Easy Paint will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Each User releases Easy Paint from any liability with respect to such.

8. MISCELLANEOUS SERVICE TERMS

8.1. Authorized Payments are Final. Your use of the Service constitutes your agreement to pay for any amounts that you authorize Easy Paint to charge against your credit card, bank account, or PayPal. Such payments, once authorized, are final.

8.2. Erroneous or Duplicate Transactions & Charge Backs

Easy Paint reserves the right to seek reimbursement from you, and you will reimburse Easy Paint, if Easy Paint discovers erroneous or duplicate transactions, or Easy Paint receives a charge back from any User’s credit card company, bank, or PayPal for any reason. You agree that Easy Paint has the right to obtain such reimbursement by deducting amounts from future payments, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your account.

8.3 Refunds or Cancellations

Easy Paint may, at its sole discretion, issue a refund of an authorized payment made to Easy Paint. Each User releases Easy Paint from any liability with respect to refunds or cancellations.

8.4 Agreement to Pay

If, for any reason, Easy Paint does not receive payment for any amounts that you have authorized to be paid through your use of the Service, you agree to pay such amount immediately upon demand by Easy Paint through alternative payment methods. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Easy Paint in collecting from you the authorized but unpaid amount. Violation of the Terms can result in suspension or removal of your registration.

8.5 Inactive Accounts

If your Account has had no activity for at least eighteen (18) consecutive months, your Account will be placed on “Inactive” status. Easy Paint will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open. If, within thirty (30) days of such notice, your account has no activity, Easy Paint reserves the right to terminate your account.

9. Taxes & Reporting

Each User is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services. User agrees to indemnify Easy Paint for any such taxes User fails to pay.

10. Registration and Account Security

In order to preserve the trust and security of the services offered by Easy Paint all Users agree to provide their real names and accurate information required in connection with the registration process. Additionally, Users agree to the following rules:

• You shall not register on Easy Paint unless you are at least 18 years of age.
• You shall not create an account for anyone other than yourself unless previous permission is obtained.
• You shall not provide false information about yourself, your company, organization, or any User you interact with through Easy Paint.
• You shall not create more than one profile unless Easy Paint grants permission.
• You shall not use Easy Paint if you are a convicted sex-offender or have been convicted of a felony.
• You shall not share your password, allow others to access your account or engage in any activity that may compromise the security of your account.
• You shall not use your account for commercial gain outside of Easy Paint and shall not post, link, copy, distribute, market, sell any documents or information found on the Website or through Easy Paint for commercial gain.
• You shall keep your profile information accurate and up to date.

10.1 Painter Profiles

Easy Paint does not review or verify the information or representations made by the Painter in his profile or otherwise. Therefore, Easy Paint strongly urges all Homeowners and Professionals to conduct their own investigation of the Painter, including whether Painter is appropriately licensed, carries appropriate general liability insurance and/or bonding etc.

Easy Paint reserves the right to review and remove in whole in or part any content, message, communication, photo, profile, statement, rating and review that violate these Terms and Conditions.

10.2 Homeowner and Professional Profiles

The information you provide to Easy Paint during registration and use of the Website is subject to the Terms including, “Information You Provide to Easy Paint”, “Information You Post on the Website” and Easy Paint’s Privacy Policy. Easy Paint reserves the right to review and remove in whole in or part any content, message, communication, photo, profile, statement, rating and review that violate these Terms and Conditions.

10.3 Posting Your Job

Homeowners and Professionals may post their jobs on the Website to make such jobs viewable to Painters. The Painter will be able to bid on such job posts and will be able to communicate with the Homeowner and/or Professional through Easy Paint’s Messaging System.

To post jobs, Homeowners and Professionals must select a minimum set of features, including but not limited to, the type of property they want painted, where the property is located and the time frame in which the job should occur in order to successfully post their jobs. Easy Paint does not and cannot guarantee that a Painter will bid on your job post.

Acceptance of a Painters’ bid,by clicking the award job button, constitutes the User’s agreement to pay that Painter the total amount specified in the bid once the job is complete and according to the selected payment terms as specified in the Contract. Unless otherwise expressly stated, a User may only accept one quote per job and understands that accepting a quote enters User into a legally binding contract with the Painter. You agree that by accepting a bid you are not violating any of the Terms and Conditions.

10.4 Submitting a Bid

By submitting a bid on the Website, Painters are offering to perform a service at the price specified in the bid. If the User who posted the job accepts such a bid, the Painter has entered into a binding contract to perform the services for the bid price. A Painter may amend, change or withdraw from its bid up until the time when the User accepts the bid and the job is scheduled. Unless otherwise specified an unaccepted bid shall expire after ninety (90) days.

Generally Painters have ten (10) days to submit a bid for any job posted by a Homeowner or Professional. However, if a User decides to accept a bid prior to expiration of the bidding schedule, the opportunity to bid closes.

Each Painter agrees that once it has submitted a bid, Easy Paint shall release to the Homeowner or Professional certain identifiable information about the Painter such as name and contact number, email address and physical address. Other information, including but not limited to, ratings & reviews, links to the Painters website and company profile can be accessed and viewed before a bid is accepted.

10.5 Messaging System

Until Users enter into a Contract through the Service, Easy Paint will not release the names and contact information of Homeowners and Professionals to Painters. Homeowners and Professionals will be identified by information they have released to be public, including but not limited to: job title, city, and zip code. Easy Paint encourages all scheduling, customer service inquiries and follow up questions be handled directly with your Painter through Easy Paint’s Messaging System. You agree to use the Messaging System in accordance with the Terms and Conditions.

11. Information You Provide to Easy Paint

Upon registering for an account on the Website and using the Services, you will be prompted to disclose certain information about yourself. By providing information to Easy Paint, or by posting a job, you are expressly authorizing Easy Paint to make the details of your job post viewable to Painters. If and when you decide to accept a bid from a Painter, you authorize Easy Paint to send the selected Painter further identifying information about you such as your name, address, phone number, email address and the physical address of the job location.

If you provide any false or misleading information, incomplete or inaccurate information or Easy Paint has reasonable grounds to suspect that the information you provided fits the descriptions just listed Easy Paint reserves the right to shut down your account and prevent you from current and future use of any services provided by Easy Paint, including this Website.

You agree that any and all content posted on the Website, including but not limited to Homeowner, Painter and Professional profiles, job posts, ratings and reviews, is the sole and exclusive property of Easy Paint or the party posting such content. You grant to Easy Paint an irrevocable license to copy, modify, and display any such content provided by you. You understand and agree that a violation of the foregoing could result in significant damages, and you agree that you will be held liable to Easy Paint for any such damages, and will indemnify Easy Paint in the event of any third party claims against Easy Paint based on or arising from your violations of the foregoing. If we determine or suspect that you are misusing or attempting to circumvent the Easy Paint Services, or are attempting to use them for any unlawful, inappropriate, non-personal, or commercial purpose, Easy Paint reserves the right, in its sole discretion, to immediately shut down your account without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs and expenses.

You assign to Easy Paint any rights to the feedback, comments, correspondence or any other communications between you and Easy Paint.

12. Content Posted by Easy Paint’s Users on the Website

You agree that you are solely responsible for the content that you post on the Website and transmit to other Users. You agree to not post on the Website or transmit to other Users any defamatory, offensive, abusive, profane or sexually explicit language or hate speech, racist or discriminatory speech, obscenities, harassment, or any form of speech considered counter to the spirit of the services offered by this Website. You agree to not make reference to illegal activities.

Additional content that is considered illegal or prohibited on the Website, includes, but is not limited to, content that:

• Violates federal, state or local laws
• Serves to promote non-personal, commercial activities such as advertising, contests and links to third party sites.
• Involves any form of spam such as junk email and mass mailing.
• Users know is false information such as false profiles, job posts, bids, identity of Painters performing job and ratings and review information.
• Infringes on or violates the rights of third parties, including, but not limited to trademark and copyrighted material.

Easy Paint reserves the right to review and remove in whole in or part any content, message, communication, photo, profile, statement, rating and review that violate these Terms and Conditions.

When you publish content or information during registration you agree to allow all Users of Easy Paint to access and use that information and to associate it with you (such as your name, your company name, uploaded pictures).

13. Call Recording & Customer Service

You acknowledge and agree that Easy Paint may monitor and/or record any telephone calls between you and Easy Paint. Easy Paint may provide customer service or assistance over the phone and if we determine that any communication violates these Terms & Conditions we reserve the right to terminate your membership immediately and take appropriate legal action if necessary. All solicitations using Easy Paint’s phone numbers accessible through the Website or any email addresses provided for direct customer service inquiries are prohibited.

14. Notice Specific to Documents & Information found on this Website

Permission to use Documents (such as Painter check lists, summary pages, press releases, datasheets and FAQ's) from this Service is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Service is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Easy Paint does not and cannot guarantee, the accuracy, reliability, usefulness and completeness of such Documents and information. Easy Paint shall not be held liable for any resulting damages, loss or injury, resulting from your reliance on such information posted on the Website, found through Easy Paint or provided to you by other users of this Website.

15. Links to Third Party Sites

Easy Paint and its Users may provide and accept links to third party websites on the Internet. Easy Paint does not and cannot guarantee that third party links are safe, accurate and truthful. Easy Paint does not endorse any content nor shall be held liable for any information, advertising material or other claims made on third party sites accessed through these links that results in any direct or indirect damages, injuries or loss.

16. Easy Paint Copyright Policy (Trademarks & Logos)

All right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) trade secrets, proprietary information, and know-how; (iii) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Website or the Service are owned by Easy Paint or its licensors, and you agree to make no claim of interest in or ownership of any such intellectual property rights. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes other than your internal business purposes any of the Services (or portion thereof) without the prior express written consent of Easy Paint.

17. Disclaimer of Warranties

You acknowledge and agree that Easy Paint does not recommend, endorse or favor any particular User (Homeowner, Painter or Professional) of this Website. It is entirely left to the Users of Easy Paint to decide with whom to enter into a contract or any other agreement through this Website. Therefore, Easy Paint makes no warranty or guarantee concerning the Painter’s performance on the job or the outcome or quality of the services rendered. Painters are not employees or agents of Easy Paint and Easy Paint is not an agent of the Painter. Easy Paint does not guarantee that Users will pay for services provided.

18. Disputes

Easy Paint is not responsible for any disputes arising between end users and Users, or between Users and Painters, and is not responsible for injuries, damages, losses or any claims that might arise out of disputes related to the conduct of its users. By accepting these Terms and Conditions and in exchange for access to the services provided by Easy Paint you hereby release Easy Paint (officers, director, employees, affiliates and agents) from any damages or claims (including actual, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, disclosed and undisclosed, arising out of or in any way connected with the Services and the Website.

19. Indemnification

You agree to indemnify and hold harmless Easy Paint, its officers, employees, agents, affiliates, subsidiaries and other partners from any loss, liability, claim or demand, including attorney’s fees, made by any third party due to or arising out of your use of the Website or Services or your violation of these Terms or arising from your violation of any rights of a third party.

20. General Provisions

Except as expressly set forth in these Terms and Conditions, Easy Paint expressly disclaims and implied warranties of any kind, including, but not limited to, warranties of merchantability, or fitness for a particular purpose, and you agree that Easy Paint shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Easy Paint has been advised of the possibility of such damages), arising out of these Terms or any consequences which flow from it.

Easy Paint does not and cannot make any specific guarantees of results on this Website. Easy Paint shall not be held liable for any lost data resulting from the operation of this Website. Services offered by Painters through the Website are provided to you on an “AS IS” basis unless otherwise specified in writing.

You are free to discontinue your use of the Easy Paint Services at any time and in accordance with the rules set forth in these Terms and Conditions.

If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of that provision. If modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Easy Paint to exercise or enforce any right or provision set forth in these Terms shall not constitute a waiver of such right or provision.

The laws of the State of Maryland govern these Terms. You understand and agree that any claim arising out of or related to these Terms will be brought exclusively in a court in Montgomery County, Maryland. These Terms constitute the entire agreement between you and Easy Paint.

21. Incentive Program

The EasyPaint cash back rebate offer (the “Offer”) is offered in fifty (50) states of the United States, the District of Columbia and Puerto Rico. This offer may not be combined with any other promotional offers and is open to any registered Homeowner as defined in this site’s general Terms.

21.1 Offer Period

The Offer begins on June 9, 2012 and runs through December 31, 2012 (the “Program Period”), unless earlier terminated by EasyPaint.

21.2 Offer Overview and Participation

To participate in the Offer, you must be a registered and eligible Homeowner (as defined in the Terms) and have completed (as defined below) your job on the site during the Offer Period.

21.3 Eligibility

This Offer is available only to registered Homeowners (as defined in the Terms) in the fifty (50) states in the United States, District of Columbia and Puerto Rico.

21.4 Eligible Job Post

An eligible job post is a job that is completed and means, 1) A job that is posted to the site by a registered Homeowner; 2), that receives painters bids through the site; 3), that is awarded to a painter on the site with a minimum contract total of U.S. five hundred ($500) dollars; 4) that is completed by the awarded painter and; 5) that is reviewed on the site upon completion of the job.

To be eligible, the Homeowner must not have had the same property painted in the prior twelve-month period. The Offer is limited to one rebate per job and is not valid on previous purchases.

21.5 Rebate Amount

The rebate amount is U.S. fifty ($50) dollars.

21.6 Rebate Claim Process

Payment of your U.S. fifty ($50) dollar incentive award is automatic upon completion of your job. Your job is considered completed only after it has been posted on the site, bid on through the site, awarded to a painter on the site, completed by that painter and reviewed on the site. Upon completion, EasyPaint shall process payment within fifteen (15) business days and mail such payment by check, via standard US mail.

21.7 General

All rebates are subject to EasyPaint’s final review and approval. EasyPaint retains the right to request additional information when processing a rebate. EasyPaint is not responsible for lost, late, missing or illegible rebate checks. A rebate check must be cashed or deposited no later than the date stated on the check. Applicable tax, if any, is the sole responsibility of the end-user customer.

EasyPaint may amend the Offer conditions from time to time. Void where taxed, regulated, restricted or prohibited by law.

f you have questions concerning the $50 incentive program, please call 240-780-2181.