You agree to provide accurate and complete information when you register with, and as you use, the Mayfair Paint Website (“Registration Data”), and You agree to update your Registration Data to keep it accurate and complete. You agree that Mayfair Paint may store and use the Registration Data You provide for use in maintaining and billing fees to your Account.
You are responsible for the condition and status of Your account with Mayfair Paint. Mayfair Paint reserves the right to deny Services and Products for accounts which are no longer in good standing.
PAYMENTS, TAXES & RETURNS You agree that you will pay for all products you purchase through the Mayfair Paint Website (“Products”), and that Mayfair Paint may charge your payment method for any Products purchased and for any additional amounts (including any taxes and shipping, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL COSTS AND FEES AND FOR PROVIDING Mayfair Paint WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL COSTS AND FEES.
When you make a purchase in the Mayfair Paint Website, your account is billed at the time of or shortly after your transaction. All charges are billed to the payment method that You designate during the registration process. If You want to designate a different payment method or if there is a change in your payment method account status, you must change your information online.
Your total price will include the price of the Product, plus any applicable tax; Unless You have provided Mayfair Paint with a certificate of exemption from such tax, which is valid in Your location and Your type of business. You shall be responsible for all sales, use, excise and value added taxes and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental authority on any amounts payable by You hereunder, other than any taxes imposed on, or with respect to Mayfair Paint’s income, revenues, gross receipts, personnel or real or personal property or other assets and shall pay all sums payable hereunder free and clear of all deductions and withholdings whatsoever, unless the deduction or withholding is required by law.
Tinted Paint is NON-RETURNABLE and cannot be altered. Store credit is not available on tinted paint. Unused supplies may be returned within a 30 day time period . Returns may be declined if the product is defected or appears to have signs of use.
GENERAL TERMS All sales of Products are final.
Prices for Products offered via the Mayfair Paint Website may change at any time, and the Mayfair Paint Website does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a Product becomes unavailable prior to purchase, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Mayfair Paint.
LIMITED PRODUCT WARRANTY The Mayfair Paint Limited Warranty shall be effective for all transactions occurring via Mayfair Paint Website. Mayfair Paint warrants to You for twenty-four (24) hours from the receipt of Products (the “Warranty Period”), that the Products will substantially conform to the applicable specification for such Products. Mayfair Paint expressly represents and warrants that at the original time of the purchase of the Products, including without limitation the design, materials, workmanship and components incorporated therein, shall be free from substantial defects in design, material or workmanship, shall be of a high quality, shall in all material respects conform to their published specifications, representations, conditions, and guaranties relating to performance, and shall, to the best of Mayfair Paint’s knowledge, not misappropriate, infringe or otherwise violate any third party intellectual property rights.
As Mayfair Paint’s sole obligation and Your exclusive remedy for any breach of this warranty, Mayfair Paint agrees during the Warranty Period, at its sole option, to (i) use reasonable efforts to repair the Products with new or refurbished replacement parts; (ii) replace the Products with a new or refurbished unit, or (iii) refund the purchase price; provided You return the defective Products to Mayfair Paint with proof of purchase. Mayfair Paint’s warranty hereunder does not apply in case of any damage caused by accident, abuse, misuse, misapplication, or alteration of any kind (including upgrades and expansions) performed by anyone other than Mayfair Paint or Mayfair Paint’s designated agent. You shall bear the cost of shipping the returned item. Warranties do not cover Acts of God, lightning, fire, public disturbances, or vandalism. All warranties are void if the Product is not used for the purpose for which it is designated and excludes field labor and service charges related to the repair or replacement of the Product. This warranty is void if a Product defect has resulted from accident, abuse or abnormal use of the Product. Any replacement Product will be subject to this warranty for the longer of the original warranty period or thirty (30) days from shipment of the replacement Product to You.
Without limiting the generality of the foregoing, Mayfair Paint specifically disclaims any express or implied warranty or condition of fitness for such purposes and specifically prohibits the use of the Products for such purposes. Mayfair Paint’s warranty does not in any event apply to physical damage to the surface of the Products, or to any data stored in the Products. Any repair Service requested by You and performed by Mayfair Paint following expiration of any Warranty Period or where such repair is not included as part of Mayfair Paint’s standard warranty obligations as specified herein, shall be charged at Mayfair Paint’s then current fees for time and material.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND SUBJECT TO APPLICABLE LAW, Mayfair Paint EXPRESSLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED CONDITIONS OR WARRANTIES, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Mayfair Paint expressly represents and warrants that the Products shall in all material respects: (a) comply with all applicable Canadian and Ontario laws, rules, regulations, and codes in existence during the term hereof, and (b) comply with all relevant industry specifications and standards. In the event the Products fails to comply with the foregoing warranties, Mayfair Paint shall, at its sole cost and expense, make commercially reasonable efforts to correct such noncompliance in the shortest possible time.
You agree that the Mayfair Paint Website, including but not limited to Products, graphics, user interface, audio clips, video clips, Product descriptions, and the scripts and software used to implement the Mayfair Paint Website, contains proprietary information and material that is owned by Mayfair Paint and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Mayfair Paint Website in compliance with this Agreement. No portion of the Mayfair Paint Website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Mayfair Paint Website in any manner, and you shall not exploit the Mayfair Paint Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Mayfair Paint and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Mayfair Paint Website at any time without notice. In no event will Mayfair Paint be liable for making these changes. Mayfair Paint may also impose limits on the use of or access to certain features or portions of the Mayfair Paint Website, in any case and without notice or liability.
All copyrights in and to the Mayfair Paint Website (including the compilation of content, links to other Internet resources, and descriptions of those resources) and related software are owned by Mayfair Paint and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE Mayfair Paint WEBSITE, EXCEPT FOR USE BY CUSTOMERS TO PURCHASE Mayfair Paint PRODUCTS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Mayfair Paint, the Mayfair Paint logo and other Mayfair Paint trademarks, service marks, graphics, and logos used in connection with the Mayfair Paint Website are trademarks or registered trademarks of Mayfair Paint, Corporation in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Mayfair Paint Website may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION If you fail, or Mayfair Paint suspects that you have failed, to comply with any of the provisions of this Agreement, Mayfair Paint, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Mayfair Paint Website (or any part thereof).
Mayfair Paint reserves the right to modify, suspend, or discontinue the Mayfair Paint Website (or any part or content thereof) at any time with or without notice to you, and Mayfair Paint will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION Mayfair Paint DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Mayfair Paint WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Mayfair Paint MAY REMOVE THE Mayfair Paint WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Mayfair Paint WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Mayfair Paint WEBSITE IS AT YOUR SOLE RISK. THE Mayfair Paint WEBSITE AND ALL PRODUCTS ARE (EXCEPT AS EXPRESSLY STATED BY Mayfair Paint) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL Mayfair Paint, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE Mayfair Paint WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Mayfair Paint WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mayfair Paint WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Mayfair Paint’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Mayfair Paint SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Mayfair Paint WEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Mayfair Paint HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Mayfair Paint DOES NOT REPRESENT OR GUARANTEE THAT THE Mayfair Paint WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Mayfair Paint DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY BY USING THE Mayfair Paint WEBSITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Mayfair Paint, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE Mayfair Paint WEBSITE, OR ANY ACTION TAKEN BY Mayfair Paint AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Mayfair Paint, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE Mayfair Paint WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Mayfair Paint’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES Mayfair Paint reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Mayfair Paint Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Mayfair Paint Website will be deemed acceptance thereof.
APPLICABLE LAW AND ARBITRATION The Mayfair Paint Website is operated by Mayfair Paint from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Mayfair Paint Website. All transactions on the Mayfair Paint Website are governed by Washington law, without giving effect to its conflict of law provisions. Your use of the Mayfair Paint Website may also be subject to other laws.
Any controversy or claim arising out of or related to this Agreement, or the breach thereof, or any other business relationship between the parties, shall be resolved by confidential arbitration in front of one arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place in Seattle, Washington. The arbitrator shall have the power to apportion between the parties, as part of a final award, administrative fees of the American Arbitration Association, the compensation of the arbitrator and any other expenses incurred at the direct request of the arbitrator. The arbitrator shall have the right to award to the party determined to be the prevailing party an amount equal to reasonable attorneys’ fees which shall then be due from the losing party. Any award made by the arbitrator shall be fully consistent with the terms of this Agreement and the arbitrator may not grant any relief of remedy that is excluded or limited by any provision of this Agreement. YOU AND Mayfair Paint ACKNOWLEDGE THAT THEY ARE WAIVING THEIR RIGHT TO TRIAL BY JURY.
MISCELLANEOUS This Agreement constitutes the entire agreement between you and Mayfair Paint and governs your purchase of Products and your use of the Mayfair Paint Website, superseding any prior agreements between you and Mayfair Paint. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Mayfair Paint’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Mayfair Paint will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Risk of loss and title for all electronically delivered transactions pass to the purchaser in Washington upon electronic transmission to the recipient. No Mayfair Paint employee or agent has the authority to vary this Agreement.
Mayfair Paint may notify you with respect to the Mayfair Paint Website by sending an email message to your Account email address or a letter via postal mail to your Account mailing address. Notices shall become effective immediately.
Mayfair Paint reserves the right to take steps Mayfair Paint believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Mayfair Paint has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Mayfair Paint believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Mayfair Paint’s right to cooperate with any legal process relating to your use of the Mayfair Paint Website and/or Products, and/or a third-party claim that your use of the Mayfair Paint Website and/or Products is unlawful and/or infringes such thirFd party’s rights).