TERMS AND CONDITIONS

TERMS OF USE AGREEMENT

This Terms of Use Agreement (Agreement) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Bella Home Painters and its affiliated companies (collectively, "the Company" or "we" or "us" or "our"), concerning your access to and use of the www.BellaHomePainters.com website as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Website"). The Website provides the following service: a means to contact Bella Home Painters for the purpose of obtaining a quote for interior or exterior painting or painting-related services (collectively, "Company Services"). Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into the Agreement by reference.

The Company makes no representation that the Website is appropriate or available in locations other than where is it operated by the Company (specifically, Southern New Jersey). The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extends local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTABLE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT OR TO MODIFICATIONS THAT THE COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

PURCHASES; PAYMENT

The Company may bill you through an online billing account for purchases of products and/or services. You agree to pay the Company all charges at the prices then in effect for the services you or other persons using your billing account may agree to and purchase, and you authorize the Company to charge your chosen payment provider for any such purchases. You agree to make a payment using that selected payment method. The Company reserves the right to correct any errors or mistakes in pricing that it makes, even if it has already requested or received payment. Sales tax will be added to the sales price of transactions as deemed required by the Company and the laws of the State of New Jersey. The Company may change prices at any time. All payments will be made in U.S. Dollars ($US).

REFUND POLICY

All sales are final, and refunds will be given at the discretion of the Company but are not guaranteed or required.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or the Company and its Services (collectively, "Submissions" or "Suggestions") shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which the Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activities include, but are not limited to:

  1. Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website

  2. Deciphering, decompiling, disassembling, or reverse engineering any of the software or coding that in any way makes up all or part of the Website

  3. Deleting the copyright or other proprietary rights notice from any Website content

  4. Engaging in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools

  5. Except as may be the result of a standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software

  6. Harassing, annoying, intimidating, or threatening any employee or agent of the Company engaged in providing any support of the Company Services to you

  7. Interfering with, disrupting, or creating an undue burden on the Website or the networks of services connected to the Website

  8. Using any information obtained from the Website in order to harass, abuse, or harm another person

  9. Using the Website in a manner inconsistent with any and all applicable laws and regulations

PRIVACY POLICY

We care about the privacy of our users. Please review the Company Privacy Policy, which can be found here: Privacy Policy. By using the Website or Company Services, you are consenting to the terms of that policy.

TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by contacting us using the contact information provided below.

WITHOUT LIMING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN THE COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND/OR THE COMPANY SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR IF ANY APPLICABLE LAW OR REGULATION, AND THE COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICE WITHOUT WARNING, AT THE COMPANY'S SOLE DISCRETION.

In order to protect the integrity of the Website and Company Services, the Company reserved the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL THE NUMBER PROVIDED BELOW IN THIS AGREEMENT DURING NORMAL BUSINESS HOURS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If the Company terminates or suspends your access to the Website and Company Services for any reason, you are prohibited from contacting the Company again using your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access to the Website and Company Services, the Company reserved the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.


MODIFICATIONS TO AGREEMENT

The Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you to the Company Services and/or the Website after any such modification becomes effective. The Company may also, in its discretion, choose to alert all user with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefor important that you regularly review this Agreement and keep your contact information with the Company current to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this agreement shall be effective immediately upon posting.

MODIFICATION TO SERVICES

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Company Services.

DISPUTES BETWEEN USERS

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and/or damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

DISPUTES WITH THE COMPANY

All questions of law, rights, and remedies regarding any act, event, or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the laws of the State of New Jersey, excluding such states' conflicts of law rules. Any legal actions of whatever nature by or against the Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either applicable Federal or State courts located in or with jurisdiction over Hamilton County, State of Ohio, or Gloucester County, State of New Jersey; subject, however, to the right of the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action, or proceeding by you related in any way to the Website and/or the Company Services (including your visit to or use of the Website and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, with or without notice.

DISCLAIMERS

The Company cannot control the nature of all of the content available on websites linked to by the Website. By operating the Website, the Company does not represent or imply that the Company endorses any blogs, contributions, or other content available on or linked to by the Website, including without limitation consent hosted on third-party websites or provided by third-party applications, or that the Company believes contributions, blogs, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on websites or content linked to on the Website. The Company is not responsible for the conduct, whether online or offline, of any user of the Website and/or Company Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OR FROM THIS WEBSITE, AND ASSUMED NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ITS 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 THE USE OF THE WEBSITE AND/OR THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 THE COMPANY FOR THE COMPANY SERVICES RENDERED DURING THE PERIOD OF UP TO ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify, and hold the Company, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party sue to or arising our of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with the Company's defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to the Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided, if one was provided, or to such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid, or that the email could not be delivered. We may also choose to send notice by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Website or Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of such data, and you hereby waive your right of action against the Company arising from any such loss or corruption of said data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or made transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. IN order to access and retain your electronic records, you may be required to have certain hardware and/or software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website and Company Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond the Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed able to be severed from this Agreement and does not affect the validity and enforcement of any remaining provisions. There is no join venture, partnership, employment, or agency relationship created between you and the Company as a result of this Agreement or use of the Website and/or Company Services. Upon the Company's request, you will furnish the Company with any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of it having been drafted by them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Website or Company Services, or to receive further information regarding use of the Website and/or Company Services, please contact the Company as set forth below or, if any complaint with us is not satisfactorily resolved, you can contact the offices of Bella Home Painters in writing at 110 Greentree Rd., Ste. F, Turnersville, NJ 08012 or by telephone at 856-420-0611