These Terms of Use and the Privacy Policy (the “Terms”) govern your access or use of Happy Painting Company (“Happy Painting Company” or “we” and all derivations thereof) websites located at happyaccentwalls.com (collectively, the “Website”). Please read these Terms carefully as they constitute a legal agreement between you and Happy Painting Company. Your use of the Website will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use the Website.
IMPORTANT NOTICE
THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, REQUIRING ANY DISPUTE BETWEEN YOU AND HAPPY PAINTING COMPANY, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION I BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
I. Binding Arbitration & Class Action Waiver (“Arbitration Agreement”)
Mandatory Binding Arbitration of Disputes. By agreeing to these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website, will be resolved solely by binding, individual arbitration and not in a court of law in any jurisdiction and not in a class, representative, or consolidated action or proceeding, as set forth further below.
Class Action Waiver. YOU AND HAPPY PAINTING COMPANY AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING UNLESS BOTH YOU AND HAPPY PAINTING COMPANY AGREE IN WRITING.
Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending us a written opt-out notice within thirty (30) days following the date you first agree to these Terms by email at happypaintingcompany@gmail.com.
II. Intellectual Property Rights
All information and content found through the Website are owned or licensed by Happy Painting Company and may not be used without the express written consent of Happy Painting Company.
III. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms.
IV. Third Party Websites
The Website may contain links to other websites. These links are for your convenience only, and we are not responsible for the privacy practices of other sites.
V. Privacy Policy
All personal information we collect through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by Happy Painting Company with respect to your personal information in compliance with the Privacy Policy.
VI. Disclaimers
THE MATERIALS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.
VII. Limitation of Liability
IN NO EVENT WILL HAPPY PAINTING COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE.
VIII. Governing Law and Jurisdiction
These Terms shall be construed under the laws of California.
IX. Termination
Happy Painting Company may terminate access to the Website for any reason.
X. Waiver
Happy Painting Company’s failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.
XI. Severability
In the event that any provision in these Terms is found to be unenforceable or unlawful, it shall be severed from these Terms.
XII. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HAPPY PAINTING COMPANY FROM AND AGAINST ANY CLAIMS RESULTING FROM YOUR USE OF THE WEBSITE.
XIII. Delays and Accessibility
Happy Painting Company is not liable if the Website is unavailable at any time for any reason.
XIV. Changes to Terms
We may change these Terms to accommodate new technologies, industry practices, regulatory requirements, or for other purposes.
XV. Changes to Website
We may update the content on the Website from time to time.
XVI. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Happy Painting Company with respect to the Website.
XVII. Comments and Questions
If you have a comment or question about the Terms, please contact us at happypaintingcompany@gmail.com or call us at 602-780-1580.