Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies they reference, control your access to and use of modestopaintpros.com and any related site that links to these Terms (the "Website"). Please review them carefully, because they affect your legal rights.
By using the Website, you agree to these Terms. If you do not accept them, 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 counts as acceptance of 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 that you 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 confirm that you have read and agree to the Privacy Policy.
These Terms contain 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 lets homeowners and consumers in Modesto, CA and nearby areas request residential and commercial painting services, including interior painting, exterior painting, cabinet refinishing, drywall repair, and related home improvement work ("Services").
We do not:
- Promise specific results beyond what is stated in individual service contracts.
- Guarantee that every service will satisfy all local requirements without a site-specific review.
- Approve third-party products used during service delivery unless we say so directly.
Using the Website gives you:
- Access to tools that connect you with our painting professionals.
- Details about our service offerings in Modesto and the Central Valley.
- The option to request free estimates and book consultations.
Use the Website 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 give us permission to contact you by:
- 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 may opt out by following the instructions provided.
You agree that:
- All information you provide is accurate.
- We may monitor or record calls for quality assurance.
3. Eligibility and Authority
You may use the Website only if you can enter into a binding contract and meet all of the following:
- You are at least 18 years old.
- You are located in the United States or its territories.
- You are not restricted 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. We reserve all rights not expressly granted.
5. Restrictions on Use
You may not:
- Use the Website to compete with us, harass others, or do anything unlawful.
- Scrape, hack, or overload the Website.
- Gather user information for unwanted contact.
- Submit false statements.
- Copy, monitor, frame, or change content without permission.
- Reverse engineer or remove security protections.
We may suspend or end access without notice.
6. User Content and Feedback
You may send content such as feedback, messages, reviews, or project photos. You keep ownership of that content, but you grant us a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display it in connection with our business, including featuring completed projects on our Website and in marketing materials.
You represent that:
- You own the content or have the rights needed to share it.
- It does not break any law or infringe the rights of others.
We may use feedback without restriction and without any obligation to you.
7. Links and Third-Party Sites
Any links to outside websites are provided for convenience only. We are not responsible for their content or practices. Your use of those sites is governed by their own terms.
8. Service Estimates and Contracts
Estimates provided through the Website or during in-person consultations are informational only and do not create a binding contract until both parties sign a written service agreement. Estimates may change if:
- Actual surface conditions are uncovered during preparation.
- The client requests changes to the scope.
- Unexpected issues arise, such as lead paint, structural damage, or mold.
Final pricing will be confirmed in a signed service contract before work starts.
9. Scheduling and Cancellation Policy
By booking a service through the Website, you agree to our scheduling and cancellation terms:
- Cancellations must be made at least 48 hours before the scheduled service date.
- Late cancellations or no-shows may result in a cancellation fee.
- Exterior painting delays caused by weather will be rescheduled at no extra cost.
- We may reschedule if working conditions are unsafe.
10. Disputes with Third Parties and Release
Any dispute with a third-party vendor or subcontractor is between you and that third party alone. You release us from claims connected to those disputes.
California residents waive Civil Code §1542; similar waivers apply elsewhere.
11. Intentional False Information
Submitting false contact details or address information may create legal liability. You agree to indemnify us and any affected parties for resulting losses and damages.
12. Proprietary Rights
All Website content, including trademarks, logos, project photos, and copyrights, belongs to Modesto Paint Pros or its licensors. No ownership is transferred to you.
13. Reliance on Information
Website information — including color representations, project timelines, and pricing examples — may be outdated, incomplete, or inaccurate. Actual colors can differ because of monitor settings, lighting conditions, and surface types. We do not guarantee that Website content is complete or accurate.
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.
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 liable for indirect, incidental, or consequential damages arising from use of the Website.
- Our total liability related to Website use is limited to $100 or the amount you paid us through the Website.
- Liability tied to services is controlled by your individual service contract.
Some jurisdictions may not permit these limits.
17. Indemnification
You agree to defend, indemnify, and hold us harmless from claims arising out of your:
- Breach of these Terms
- Content submissions
- Misuse of the Website
18. DMCA and Infringement Notices
Send infringement claims to:
DMCA Agent
Modesto Paint Pros
Modesto, CA 95350
Include:
- Description of the work and its location
- Contact information
- Statement of authorization
False claims may create liability.
19. Electronic Communications
You agree to receive communications electronically through email or Website postings. These communications satisfy any legal requirement for a written record.
20. Dispute Resolution and Arbitration
Disputes are subject to binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).
- Location: Modesto, California
- Claims ≤ $10,000 may be resolved by written submission.
- No class actions or jury trials allowed.
- The arbitrator's decision is final and binding.
21. Choice of Law and Venue
California law governs these Terms.
Non-arbitrable disputes must be brought in state or federal courts in Stanislaus County, California.
22. International Use
The Website is operated from the U.S. and intended for residents of Modesto, CA and nearby communities. 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, including natural disasters, severe weather, war, power outages, and supply chain disruptions.
24. California Notice
Consumers may contact the California Department of Consumer Affairs at:
400 R Street, Sacramento, CA 95814
Phone: (800) 952-5210
California residents may also contact the Contractors State License Board (CSLB) for licensing questions at cslb.ca.gov or (800) 321-CSLB.
25. Statute of Limitations
Claims related to the Website must be filed within one year unless the law says otherwise. Service warranty claims are governed by the terms of your service contract.
26. Severability, Waiver, and Entire Agreement
If any provision is found invalid, the rest of these Terms will still apply.
Headings are included for convenience only.
These Terms and the Privacy Policy make up the full agreement between you and us regarding use of the Website.
27. Miscellaneous
Using the Website does not create a joint venture, partnership, or employment relationship.
Third parties do not have rights under these Terms.
28. Contact
If you have questions about these Terms and Conditions, contact us at:
Modesto Paint Pros
Modesto, CA 95350
Phone: (209) 555-0123
Email: [email protected]
All rights reserved.
