Introduction
Welcome to our website, painterspyramid.shop (the “Website”). The Website provides information about our painter’s pyramid stands products (the “Products”) and allows users to purchase the Products online.
These Terms and Conditions (the “Terms”) govern your access to and use of the Website and constitute a legally binding agreement between you and Painters Pyramid® Stands (the “Company”, “we”, “us” or “our”).
Please read these Terms carefully before using the Website. By accessing or using the Website or purchasing our Products, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website or purchase our Products.
We may revise these Terms from time to time by updating this page. By continuing to access or use the Website after such revisions, you agree to be bound by the revised Terms.
These Terms were last updated on April 15, 2020.
Key Terms
“User” or “You” means any person who accesses or uses the Website for any purpose.
“Content” means any information, data, text, photos, videos, software, scripts, graphics, interfaces, or other materials provided on or through the Website.
“Personal Information” means information that identifies an individual, such as full name, address, phone number, email address, or payment information.
Use of the Website
Eligibility: The Website is intended for Users who are 18 years of age or older. By accessing or using the Website, you represent and warrant that: (1) you are 18 years or older, (2) you have not previously been suspended or removed from use of the Website, and (3) your registration and your use of the Website is in compliance with all applicable laws and regulations.
Access and Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable permission to access and use the Website for your own personal, non-commercial purposes. You agree not to use the Website for any unlawful or prohibited purpose.
Restrictions: You may not:
- Modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, sell, distribute, or create derivative works based on any Content on the Website, except as expressly authorized on the Website.
- Use scraping or similar data gathering methods on the Website.
- Frame or utilize framing techniques to enclose any Content on the Website.
- Remove or modify any copyright or other proprietary notices on the Website.
- Obtain or attempt to gain unauthorized access to the Website, user accounts, or computer systems connected to the Website.
- Use the Website in any manner that could overburden, damage, or impair the Website or interfere with any third party’s use of the Website.
User Content: The Website may allow you to submit reviews, comments, photos, videos, and other user generated content (“User Content”). You retain ownership of your User Content. However, by submitting User Content, you grant us an unlimited, worldwide, perpetual, irrevocable, royalty-free license to publish, reproduce, distribute, translate, create derivative works, publicly display, and otherwise use your User Content in any manner or medium, without compensation to you. You warrant that you have the right to grant us these license rights and that the User Content does not violate the rights of any third party.
Account Access: If you create an account on the Website, you are responsible for safeguarding your account credentials and maintaining the confidentiality of your account. You must immediately notify us of any unauthorized account use. You may be liable for losses incurred by us or any third party due to unauthorized account use.
Products and Promotions: Prices, availability, specifications, promotions, and terms for our Products are subject to change without notice. Purchase of a Product at a certain price does not guarantee that the Product will continue to be offered at that price. We reserve the right to discontinue or modify any Product at any time for any reason without notice.
Reviews: Any ratings or reviews regarding Products represent the opinions of Users. We do not guarantee the accuracy or reliability of any ratings or reviews.
Third Party Links: The Website may contain links to third party websites. Any such links are provided only as a convenience. We do not endorse or control third party websites. Your use of third party websites is subject to the terms and conditions set forth by the applicable third party.
Purchases and Payments
Product Availability: We attempt to display Products accurately on the Website. However, we do not guarantee Product availability or descriptions on the Website. If an item is out of stock, we may cancel your order and refund your purchase. Certain items are available for in-store purchase only.
Prices and Payment Terms: All prices are displayed in U.S. dollars and include applicable sales tax. We reserve the right to change prices at any time. Total order charges will be displayed prior to checkout and charged according to the payment method you provide. You authorize us to charge the provided payment method for the total order charges. If your payment fails, your order may be cancelled.
Shipping and Delivery: Shipping and delivery costs will be calculated and displayed at checkout based on weight, dimensions, and your selected shipping address. We reserve the right to cancel your order if no economical shipping options are available. Delivery dates displayed at checkout are estimates only based on typical delivery times for the selected shipping method. We are not liable for any shipping delays.
Returns and Refunds: Please review our Return Policy posted on the Website prior to purchase. We accept returns on unused Products in original condition within 30 days of purchase. Refunds will be credited to your original payment method. Shipping charges are non-refundable. Custom or special order Products may not be returned.
Cancellation by You: You may cancel your order at any time prior to shipment for a full refund. Orders cancelled after shipment are subject to our Return Policy.
Cancellation by Us: We may cancel any order if (1) we believe the order is fraudulent, (2) the advertised price or description of the Product contains an error, (3) required payment cannot be processed, (4) the Product is not available, or (5) for any other lawful reason. If we cancel your order, we will attempt to notify you by email. Cancelled orders will be fully refunded to your original payment method. We are not liable for any damages related to cancelled orders.
Intellectual Property
The Website design, text, graphics, interfaces, and all Product images, descriptions, and specifications available on the Website are protected by copyright and trademark laws. The compilation of Website Content is protected as a collective work and/or compilation under U.S. and international copyright laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Content for your own personal use only. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from, transfer, or otherwise use any Website Content for any purpose without our prior written approval.
The Company name, logo, and all related product names, logos, product packaging, and trade dress are trademarks or registered trademarks of the Company. You may not use our trademarks or trade dress in any way without our prior written approval. If you provide feedback, suggestions, or ideas to us regarding the Website, you agree that we own all rights to use and incorporate them into the Website, Products, and business, without payment to you.
User Content
We may allow you to submit User Content on or through the Website, such as comments, reviews, photos, videos, etc. User Content that you submit remains your property. However, by submitting User Content to the Website, you grant us an unlimited, worldwide, perpetual, irrevocable, royalty-free license to reproduce, publish, distribute, translate, create derivative works from, publicly display and perform, and otherwise use your User Content in any manner and for any purpose, commercial or otherwise, without compensation to you.
You represent and warrant that:
- You own the User Content submitted by you or otherwise have the lawful right to submit the User Content.
- Your User Content does not violate the rights of any third party.
- You consent to the publication of your User Content on the Website and otherwise in accordance with these Terms.
We have no obligation to monitor, approve, verify, or prescreen User Content. However, we reserve the right to delete, move, edit, refuse to post, or otherwise restrict access to User Content that we believe violates these Terms or is harmful to our interests or the interests of any third party. By submitting User Content, you waive any right to inspect or approve its use.
Privacy Policy
Please review our Privacy Policy to understand how we collect and use information about you. Our Privacy Policy is incorporated into these Terms by reference.
Disclaimers and Limitation of Liability
No Warranties: The website and products are provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind, whether express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
No Liability for Conduct of Third Parties: We are not liable for the defamatory, offensive, or illegal conduct of any third party Website visitor. All risk of harm resulting from interactions with third parties relating to the Website and Products rests entirely with you.
No Liability for Damage to Hardware or Software: You are solely responsible for any damage to your computer system or loss of data related to your use of the Website. We are not liable for any damage to your computer hardware, software, or data occurring in connection with your use of the Website.
Limitation of Liability: In no event will we, our affiliates, or suppliers be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way related to the Website or Products.
Total Liability Limit: Our total liability arising out of or related to the Website and Products, whether under contract, tort, or otherwise, is limited to the greater of: (1) the total fees paid by you to access or purchase Products through the Website, or (2) $100.
Indemnification
You agree to fully indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or related in any way to: (1) your access to or use of the Website; (2) your User Content; (3) your violation of these Terms; and (4) your violation of any rights of any third party. We reserve the right, at your expense, to assume exclusive defense and control of any legal matter for which you must indemnify us and you agree to cooperate with our defense of such claims. You agree that the provisions in this section will survive any expiration or termination of your access to or use of the Website.
Governing Law and Jurisdiction
These Terms and your access to and use of the Website will be governed by and construed in accordance with the laws of the State of Tennessee, without resort to its conflict of law provisions. You agree that any legal action arising out of or relating to the Website or Products must commence in a federal or state court located in Nashville, Tennessee. You hereby consent and submit to personal jurisdiction in such courts.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website at any time and for any or no reason, including for violation of these Terms. We shall not be liable to you or any third party for termination of your Website access or use.
Severability
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a court of competent jurisdiction, it shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the Total Liability Limit section above.
Entire Agreement
These Terms constitute the entire agreement between you and Painters Pyramid® Stands relating to their subject matter and supersede any prior or contemporaneous agreements on the same subject. The failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions about these Terms, please contact us at:
Painters Pyramid® Stands
123 Main St.
Nashville, TN 37201
Email: [email protected]
These Terms were last updated on April 15, 2020
