Effective Date: 8-12-25
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Peak Paint ("we," "us" or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. Service Information
2.1 Nature of Services
The information provided on this Site is for informational purposes about our professional painting services. This Site does not constitute an offer to perform services in any jurisdiction in which such offer would be unlawful. Actual service delivery, pricing, and availability may vary based on numerous factors including but not limited to:
Your specific location and accessibility
Current workload and scheduling availability
Complexity and scope of work required
Paint and material availability and costs
Surface conditions and preparation requirements
Weather conditions and seasonal factors
Applicable permits, codes, and regulations
Property conditions and existing coatings
2.2 Service Area and Availability
We provide painting services within our designated service area. Services outside our normal coverage area may be subject to additional charges or may not be available. We reserve the right to decline any service request for any reason at our sole discretion, including but not limited to:
Locations outside our service area
Unsafe or hazardous conditions (including lead paint, asbestos, or other hazardous materials)
Projects beyond our scope or expertise
Conflicts with existing commitments
Non-payment or credit issues
Properties requiring specialized licensing we do not possess
2.3 Scheduling and Appointments
All service appointments are subject to availability and confirmation
We will make commercially reasonable efforts to accommodate scheduling requests
Service times provided are estimates only and are not guaranteed
Cancellations or rescheduling may be subject to fees per our policies
We reserve the right to reschedule due to weather, emergencies, equipment failure, or other circumstances beyond our control
Weather-dependent exterior work may be delayed due to rain, extreme temperatures, or high humidity
Failure to provide access at the scheduled time may result in service charges and/or cancellation
2.4 Service Performance Standards
All painting services are performed according to applicable industry standards, manufacturer specifications, and local, state, and federal codes and regulations. We reserve the right to refuse or discontinue service if we determine that:
Conditions are unsafe or hazardous (including presence of lead paint or asbestos)
The customer is abusive or threatening
Proper permits cannot be obtained
Work would violate any laws or regulations
Surface conditions require specialized treatment beyond our scope
Environmental conditions are unsuitable for quality paint application
3. User Representations and Responsibilities
By using the Site, you represent and warrant that:
All registration or contact information you submit will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such information as necessary
You have the legal capacity and you agree to comply with these Terms
You are not a minor in the jurisdiction in which you reside
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
You will not use the Site for any illegal or unauthorized purpose
Your use of the Site will not violate any applicable law or regulation
You have full authority to request services for the property in question
You will provide safe and reasonable access to all service locations
You will disclose any known hazardous conditions, materials, or surface defects
You will secure pets, children, and valuables during service delivery
You will be available or have an authorized representative available during service
You will disclose any known presence of lead paint, asbestos, or other hazardous materials
You will ensure adequate ventilation and access to utilities as required for painting work
You will remove or secure personal belongings and furniture from work areas
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate any current or future use of the Site or services.
4. Pricing, Payment and Financial Terms
4.1 Estimates and Quotes
All prices, estimates, and quotes provided through the Site or otherwise are preliminary and subject to change
Final pricing will be determined after on-site evaluation and provided before work commences
Estimates are valid for a limited time as specified (typically 30 days)
Changes in scope, surface conditions, material costs, or delays may affect final pricing
We are not bound by obvious errors or misprints in pricing
Paint and material costs are subject to market fluctuations
4.2 Payment Terms
Payment is due according to terms specified on our invoices or service agreements
We accept payment methods as specified at time of service
Late payments may be subject to interest charges at the maximum rate permitted by law
We reserve the right to require deposits, progress payments, or payment in full before service
All payments are non-refundable unless otherwise specified in writing
You are responsible for all collection costs, including reasonable attorney fees
4.3 Additional Charges
You acknowledge that additional charges may apply for:
Surface preparation beyond normal scope
Primer or specialty coatings required
Lead paint or hazardous material mitigation
Permits, inspections, or compliance requirements
Travel outside normal service areas
Additional coats or touch-ups requested beyond standard application
Color changes or additional colors beyond original scope
Disposal of paint, materials, or hazardous waste
5. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and content on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
6. User Contributions and Submissions
The Site may invite you to submit questions, comments, suggestions, ideas, feedback, or other information ("Submissions"). You acknowledge and agree that:
Submissions become our property upon receipt
We own all rights, title, and interest in Submissions
We are not obligated to maintain confidentiality of Submissions
We are not liable for any use or disclosure of Submissions
We have no obligation to acknowledge, compensate, or respond to Submissions
You waive all moral rights in Submissions and warrant that Submissions are original to you or that you have necessary rights to submit them.
7. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy, which also governs your visit to our Site. By using the Site, you agree to be bound by our Privacy Policy. Please be advised that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
8. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or content from the Site to create a collection, compilation, database, or directory
Make any unauthorized use of the Site, including collecting usernames and/or email addresses by electronic means
Use the Site to advertise or offer to sell goods and services not authorized by us
Circumvent, disable, or interfere with security-related features of the Site
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users
Make improper use of our support services or submit false reports
Engage in any automated use of the system, including scripts, bots, or data mining tools
Interfere with, disrupt, or create an undue burden on the Site or networks
Attempt to impersonate another user or person
Use any information obtained from the Site to harass, abuse, or harm another person
Use the Site as part of any effort to compete with us
Decipher, decompile, disassemble, or reverse engineer any software on the Site
Harass, annoy, intimidate, or threaten any of our employees or agents
Delete the copyright or other proprietary rights notice from any Content
Upload or transmit viruses, Trojan horses, or other malicious code
Use the Site in any manner that violates any applicable laws or regulations
Request services for properties without proper authorization
Make false service requests or provide false information
9. Site Management
We reserve the right, but not the obligation, to:
Monitor the Site for violations of these Terms
Take appropriate legal action against anyone who violates these Terms or applicable law
Refuse, restrict access to, limit availability of, or disable any content or feature
Remove from the Site or disable all files and content that are excessive or burdensome
Otherwise manage the Site to protect our rights and facilitate proper functioning
10. Disclaimers and Warranties
10.1 Website Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Service Warranties
Any warranties on our painting work are limited to those expressly stated in our written service agreements or invoices. We do not warrant or guarantee:
Specific color matching beyond industry standards
Paint performance beyond manufacturer specifications
Compatibility with all existing coatings or surfaces
Prevention of all future paint failure or surface issues
Results affected by customer actions, environmental factors, or third parties
Paint adhesion on surfaces not properly prepared by others
Color appearance under all lighting conditions
Durability beyond normal wear and tear
10.3 Material and Environmental Limitations
We do not warrant against:
Natural settling, cracking, or movement of structures
Damage from extreme weather conditions
Fading due to UV exposure beyond normal expectations
Issues arising from moisture, humidity, or ventilation problems
Paint failure due to surface contamination or improper preparation by others
Color variations due to lighting, texture, or application differences
10.4 No Professional Advice
Information on the Site is for general informational purposes only and should not be relied upon as professional advice. You should consult with appropriate professionals before taking any action based on Site information.
11. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your use of the Site or services
Breach of these Terms
Any breach of your representations and warranties
Your violation of the rights of a third party, including intellectual property rights
Your violation of any law or regulation
Any overt harmful act toward any other user or our employees
Misrepresentation of authority or ownership regarding service locations
Hazardous conditions you failed to disclose (including lead paint or asbestos)
Any content or information you provide
Damage to property caused by your failure to secure belongings or prepare work areas
Exposure to hazardous materials you failed to disclose
We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
13. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site and providing services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
14. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
15. Third-Party Websites and Content
The Site may contain links to other websites ("Third-Party Websites") and articles, photographs, text, graphics, pictures, designs, sound, information, applications, software, and other content belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites or Third-Party Content accessed through the Site.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. Your interactions with third parties are solely between you and such third parties, and we shall not be liable for any loss or damage of any sort incurred as the result of any such interactions.
16. Termination
These Terms shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your access for any reason, you are prohibited from accessing the Site under your name, a fake or borrowed name, or the name of any third party.
17. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
18. Governing Law and Dispute Resolution
18.1 Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the state in which our services are provided, without regard to its conflict of law principles.
18.2 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms brought by either you or us, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice.
18.3 Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in the jurisdiction where our services are provided, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
18.4 Restrictions
The parties agree that any arbitration or legal action shall be limited to the dispute between the parties individually. TO THE FULL EXTENT PERMITTED BY LAW:
(a) no arbitration or legal proceeding shall be joined with any other proceeding;
(b) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
18.5 Exceptions
The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and arbitration:
(a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party;
(b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
19. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
20. Miscellaneous
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
21. State Residents
Residents may contact their state's consumer protection office for information about their rights as consumers.
22. Contact Information
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Email: [email protected]
Phone: (507)-220-4975
Website:
NOTICE: BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.