Terms and Conditions
The PaintScratch.com Web Site is an interactive online service operated by Bio Pac, Inc. PaintScratch.com offers users content provided by PaintScratch.com and various automotive color books from major paint manufacturers. (View our Privacy Statement.)
User Agreement. In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the following rules. By using PaintScratch.com (the "Service"), you hereby agree to be bound by all of the following terms and conditions ("Terms of Service" or "TOS").
Copyright Notice and Limitations on Use.
All of the information, content and services (collectively, the
"Content") within this Service is protected by copyright and
other intellectual property laws. The Content is owned by PaintScratch.com
and its affiliated companies, licensors and suppliers. The Content is
intended for personal use only. While you may interact with or download a
single copy of any portion of the Content for your personal,
non-commercial entertainment, information or use, you may not reproduce,
sell, publish, distribute, modify, display, repost or otherwise use any
portion of the content in any other way or for any other purpose without
the written consent of PaintScratch.com. Requests regarding use of the
Content for any purpose other than personal, non-commercial use should be
directed to: You acknowledge that the Content includes certain
trademarks and service marks owned by PaintScratch.com, Sikkens,
and PPG. You agree not to copy, use or otherwise infringe upon these
trademarks or service marks. You further agree that you will not alter or
remove any trademark, copyright or other notice from any copies of the
Content.
If you operate a Web site and wish to link to the Service,
you must link to the Service's home page. PaintScratch.com reserves the
right to reject or terminate any links to the Content or the Service.
PaintScratch.com Disclaimer: The information on
vehicles provided in this service is not always accurate and can be
incomplete. PaintScratch.com cannot and does not verify or warrant
the accuracy or completeness of the information. The information contained
herein are provided on an "as is", "as available"
basis and PaintScratch.com makes no representations or warranties,
expressed or implied, to any potential or existing customer. You
acknowledge that any reliance upon this information shall be at your sole
risk. PaintScratch.com reserves the right, in its sole discretion,
to correct any error or omission in any portion of the information
provided. You agree to release, hold harmless and indemnify PaintScratch.com
from any and all liability arising from incorrect or incomplete
information regarding any vehicle.
PaintScratch.com specifically disclaims any implied
warranties, including the warranties of merchantability and fitness for a
particular purpose regarding the paint sold from this website.
General Disclaimer and Limitation of Liability. YOU
EXPRESSLY AGREE THAT USE OF THIS WEBSITE AT YOUR OWN RISK. NEITHER
PaintScratch.com, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING
THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE TOUCH-UP PAINT. THE TOUCH-UP PAINT IS PROVIDED
ON AN "AS IS" BASIS AND PaintScratch.com SPECIFICALLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
PaintScratch.com, ITS AFFILIATES, EMPLOYEES, AGENTS,
CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY
DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR
CAUSED BY THE USE OF THE TOUCH-UP PAINT, OR ITS CONTENT, INCLUDING,
WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE
SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE INFORMATION; OR ANY
INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT,
ANY LIABILITY OF PaintScratch.com, ITS EMPLOYEES, AGENTS, CONTENT
PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE
SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Miscellaneous. PaintScratch.com reserves the right
at their discretion to change these Terms of Service and will notify users
of any such changes by on-line postings. Your continued use of the Service
after the posting of any amended Terms of Service shall constitute your
agreement to be bound by any such changes. The Service may modify,
suspend, discontinue or restrict the use of any portion of the Service,
including the availability of any portion of the Content at any time,
without notice or liability.
These Terms of Service will be governed by and construed
in accordance with the laws of the State of Nevada, without regard to its
conflicts of law provisions. You hereby agree that any cause of action you
may have with respect to the Service must be filed in the federal or state
courts located in Washoe County, Nevada, within one year after the cause
of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY
CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE
IMMEDIATELY.
Bio Pac, Inc.
Attn: Permissions
584 Pinto Court
Incline Village, NV 89451