Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies referenced here, set the rules for your access to and use of housepaintingberkeleyca.com and any related site that links to these Terms (the "Website"). Please review them carefully, as they affect your legal rights.
By using the Website, you accept these Terms. If you do not agree, do not use the Website. We may update these Terms or limit access at any time, with or without notice. If you keep using the Website after changes are posted, that means you accept the revised Terms. The Website is meant for users in the United States and its territories. You confirm that you are of legal age and satisfy these requirements.
Our Privacy Policy explains how we collect and use personal information and is part of these Terms. By using the Website, you acknowledge that you have read and agreed to the Privacy Policy.
These Terms include a binding arbitration agreement and a class action waiver (see Section 20: Dispute Resolution).
1. The Website and What We Do
The Website is a technology platform that helps homeowners and consumers send service requests to independent service providers who offer home improvement, maintenance, repair, renovation, and similar services ("Third-Party Providers").
We do not:
- Perform professional or home improvement services.
- Review the quality, licensing, or legality of Third-Party Providers.
- Confirm compliance with laws, rules, or licensing requirements.
- Endorse or employ Third-Party Providers.
Using the Website gives you:
- Access to tools that connect you with Third-Party Providers.
- If you are a provider, access to potential customers.
All use is at your own risk.
2. Form Submission and Contact Consent
When you submit a form, you agree that we may use your information as described in the Privacy Policy. You also expressly consent to being contacted by us and Third-Party Providers through:
- Phone (including autodialed or prerecorded calls)
- Text message
- Postal mail
Message and data rates may apply. Consent is not required to make a purchase. You can opt out by following the instructions provided.
You agree that:
- All information you provide is accurate.
- We may monitor or record calls.
3. Eligibility and Authority
You may use the Website only if you can enter into a binding contract and meet all of the following:
- Be at least 18 years old.
- Be located in the United States or its territories.
- Not be prohibited from using the Website under applicable law.
If you accept these Terms on behalf of a business, you confirm that you have the authority to bind that business.
4. License
We give you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices. All rights not expressly granted are reserved.
5. Restrictions on Use
You may not:
- Use the Website to compete, harass, or carry out unlawful activity.
- Scrape, hack, or overload the Website.
- Collect user information for unwanted contact.
- Make false statements or misrepresentations.
- Copy, monitor, frame, or alter content without permission.
- Reverse engineer or remove security protections.
We may suspend or end access without notice.
6. User Content and Feedback
You may submit content such as feedback, messages, or reviews. You keep ownership of your content, but you grant us a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display it.
You represent that:
- You own the content or have permission to submit it.
- It does not violate any law or the rights of others.
We may use feedback without restriction and without any obligation to you.
7. Links and Third-Party Sites
Links to Third-Party Providers or other websites are provided only for convenience. We are not responsible for their content or business practices. Your use of those sites is governed by their own terms.
8. No Endorsement or Contracting
We do not endorse, verify, or guarantee any provider. Any quotes shown are for information only and are not binding. Any agreement is made directly between you and the provider.
9. Premier Partners and Communications
By submitting your information, you authorize partner companies to contact you using automated technology, including phone or email. You do not need to give consent in order to buy services. See Section 2 for opt-out instructions.
10. Disputes with Third Parties and Release
Any dispute with a Third-Party Provider is solely between you and that provider. You release us from claims arising from those disputes.
California residents waive Civil Code §1542; similar waivers apply in other jurisdictions where permitted.
11. Intentional False Information
If you provide false contact or address information, you may face legal liability. You agree to indemnify us and any affected providers for resulting losses and damages.
12. Proprietary Rights
All Website content, including trademarks and copyrights, belongs to us or our licensors. Nothing in these Terms transfers ownership to you.
13. Reliance on Information
Information on the Website may be outdated, incomplete, or inaccurate. We do not guarantee that it is complete or correct.
14. Termination and Changes
We may change, suspend, or discontinue the Website or your access to it at any time. Some provisions remain in effect after termination, including disclaimers and arbitration terms.
15. Disclaimers
The Website is provided "as is" and "as available."
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
Use the Website at your own risk.
16. Limitation of Liability
To the fullest extent allowed by law:
- We are not responsible for indirect, incidental, or consequential damages.
- Our total liability is limited to $100 or the amount you paid us.
Some jurisdictions may not allow these limits.
17. Indemnification
You agree to defend, indemnify, and hold us harmless from claims arising from your:
- Breach of these Terms
- Content submissions
- Dealings with providers
18. DMCA and Infringement Notices
Send infringement claims to:
DMCA Agent
4023 Kennett Pike #50129
Wilmington, DE 19807
Include:
- A description of the work and where it appears
- Your contact information
- A statement that you are authorized to act
False claims may create legal liability.
19. Electronic Communications
You agree to receive communications electronically by email or through Website postings. These communications satisfy any legal requirement that they be in writing.
20. Dispute Resolution and Arbitration
Disputes are subject to binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).
- Location: Boston, Massachusetts
- Claims ≤ $10,000 may be resolved by written submission.
- No class actions or jury trials allowed.
- Arbitrator's decision is final and binding.
21. Choice of Law and Venue
Delaware law governs these Terms.
Any dispute that is not subject to arbitration must be filed in the state or federal courts in Delaware.
22. International Use
The Website is operated from the U.S. If you access it from outside the country, you do so at your own risk.
23. Force Majeure
We are not responsible for delays caused by events beyond our control, such as natural disasters, war, or power failures.
24. California Notice
Consumers may contact the California Department of Consumer Affairs at:
400 R Street, Sacramento, CA 95814
Phone: (800) 952-5210
25. Statute of Limitations
Claims related to the Website must be filed within one year unless the law says otherwise.
26. Severability, Waiver, and Entire Agreement
If any provision is found invalid, the rest will remain in effect.
Headings are for convenience only.
These Terms and the Privacy Policy make up the entire agreement between you and us.
27. Miscellaneous
Using the Website does not create a joint venture, partnership, or employment relationship.
Third parties do not receive any rights under these Terms.
28. Contact
If you have questions, contact us at the address above.
All rights reserved.
