Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies they reference, set the rules for your access to and use of wilmingtonpaintpros.com and any related site that links to these Terms (the "Website"). Please review them carefully, as they affect your legal rights.
By accessing or using the Website, you agree to follow these Terms. If you do not agree, you should not use the Website. We may update these Terms or limit access at any time, with or without notice. Your continued use of the Website means you accept the revised Terms. The Website is intended for users in the United States and its territories. You represent that you are legally able to enter into this agreement and meet these requirements.
Our Privacy Policy explains how we collect, use, and protect personal information, and it is part of these Terms. By using the Website, you acknowledge that you have read the Privacy Policy and agree to it.
These Terms include a binding arbitration agreement and a class action waiver (see Section 20: Dispute Resolution).
1. The Website and What We Do
The Website is a technology platform that helps homeowners and consumers in Wilmington, NC, and nearby areas request interior painting, exterior painting, residential painting, commercial painting, and related home improvement services from Wilmington Paint Pros or independent service providers ("Third-Party Providers").
We do not:
- Promise specific results for painting projects beyond what is set out in the individual service agreement.
- Review the quality, licensing, or legality of any Third-Party Providers.
- Confirm compliance with Wilmington, North Carolina, or other local rules and licensing requirements for third parties.
- Endorse or employ Third-Party Providers unless we clearly say otherwise.
Using the Website gives you:
- Tools to connect with painting professionals in Wilmington, NC.
- If you are a provider, access to possible customers in the Wilmington area.
You use the Website entirely at your own risk.
2. Form Submission and Contact Consent
When you submit a form for a painting estimate or service request, you consent to our use of your information as described in the Privacy Policy. You also expressly agree to be contacted by Wilmington Paint Pros and Third-Party Providers by:
- Phone (including autodialed or prerecorded calls)
- Text message
- Postal mail
Message and data rates may apply. Consent is not required to buy painting services. You may opt out by following the instructions provided.
You agree that:
- All information you submit is accurate.
- We may monitor or record calls for quality assurance.
3. Eligibility and Authority
You may use the Website only if you can enter into a binding contract and meet all of the following requirements:
- You are at least 18 years old.
- You are located in the United States or its territories.
- You are not prohibited from using the Website by applicable law.
If you accept these Terms on behalf of a business, you confirm that you have authority to bind that business.
4. License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices. Any rights not expressly granted remain reserved.
5. Restrictions on Use
You may not:
- Use the Website to compete with Wilmington Paint Pros, harass others, or carry out unlawful activity.
- Scrape, hack, or overwhelm the Website.
- Collect user information for unsolicited outreach.
- Make false statements or misrepresent yourself.
- Copy, monitor, frame, or alter content without permission.
- Reverse engineer the Website or remove security protections.
We may suspend or end access at any time without notice.
6. User Content and Feedback
You may submit content such as feedback, messages, or reviews about our painting services. You keep ownership of your content, but you give us a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display it.
You represent that:
- You own the content or have the right to share it.
- The content does not violate any law or infringe the rights of others.
We may use any feedback you provide without restriction or obligation.
7. Links and Third-Party Sites
Any links to Third-Party Providers or other websites are provided only for convenience. We are not responsible for the content, policies, or practices of those sites. Your use of them is governed by their own terms.
8. No Endorsement or Contracting
We do not endorse, verify, or guarantee any provider. Quotes displayed for painting services are for reference only and are not binding. Any agreement for services is made directly between you and the provider.
9. Premier Partners and Communications
By submitting your information, you authorize partner companies to contact you using automated technology, including phone or email. Consent is not required to purchase services. See Section 2 for details on how to opt out.
10. Disputes with Third Parties and Release
Any dispute with a Third-Party Provider is solely between you and that provider. You release us from claims arising from those disputes.
California residents waive Civil Code §1542; similar waivers apply in other jurisdictions where permitted.
11. Intentional False Information
Submitting false contact or address information may create legal liability. You agree to indemnify us and any affected providers for resulting losses and damages.
12. Proprietary Rights
All content on the Website, including Wilmington Paint Pros trademarks, logos, and copyrighted material, belongs to us or our licensors. No ownership rights transfer to you.
13. Reliance on Information
Information on the Website about painting services, pricing, and availability may be incomplete, outdated, or inaccurate. We do not guarantee that it is complete or correct.
14. Termination and Changes
We may change, suspend, or discontinue the Website or your access to it at any time. Some provisions remain in effect after termination, including disclaimers and arbitration requirements.
15. Disclaimers
The Website is provided "as is" and "as available."
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
You use the Website at your own risk.
16. Limitation of Liability
To the maximum extent allowed by law:
- We are not responsible for indirect, incidental, or consequential damages tied to painting services or use of the Website.
- Our total liability is limited to $100 or the amount you paid us.
Some jurisdictions may not allow these limitations.
17. Indemnification
You agree to defend, indemnify, and hold Wilmington Paint Pros harmless from claims resulting from your:
- Violation of these Terms
- Content submissions
- Interactions with providers
18. DMCA and Infringement Notices
Send infringement claims to:
DMCA Agent
Wilmington Paint Pros
Wilmington, NC 28401
Include:
- A description of the work and where it appears
- Your contact information
- A statement that you are authorized to make the claim
False claims may create liability.
19. Electronic Communications
You agree to receive communications electronically through email or postings on the Website. These communications satisfy any legal requirement for written notice.
20. Dispute Resolution and Arbitration
Disputes must be resolved through binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).
- Location: Wilmington, North Carolina
- Claims ≤ $10,000 may be handled through written submissions.
- No class actions or jury trials are permitted.
- The arbitrator's decision is final and binding.
21. Choice of Law and Venue
These Terms are governed by North Carolina law.
Any dispute that cannot be arbitrated must be filed in state or federal court in New Hanover County, North Carolina.
22. International Use
The Website is operated from Wilmington, NC, U.S. If you access it from outside the United States, you do so at your own risk.
23. Force Majeure
We are not responsible for delays caused by events outside our control, including natural disasters, severe weather affecting painting schedules, war, or power outages.
24. North Carolina Consumer Notice
Consumers may contact the North Carolina Department of Justice at:
9001 Mail Service Center
Raleigh, NC 27699
Phone: (877) 566-7226
25. Statute of Limitations
Any claim connected to the Website must be brought within one year unless the law says otherwise.
26. Severability, Waiver, and Entire Agreement
If any part of these Terms is found invalid, the rest will remain in force.
Section headings are included for convenience only.
These Terms and the Privacy Policy form the entire agreement between you and Wilmington Paint Pros.
27. Miscellaneous
Using the Website does not create a joint venture, partnership, or employment relationship.
No third party has any rights under these Terms.
28. Contact
If you have questions about these Terms or our painting services in Wilmington, NC, contact us at:
Wilmington Paint Pros
Wilmington, NC 28401
Phone: (910) 555-0123
Email: [email protected]
All rights reserved.
