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 elpasopaintpros.com and any related site that links to these Terms (the "Website"). Please review them carefully, as they affect your legal rights.
By using the Website, you agree to follow these Terms. If you do not accept them, do not use the Website. We may update these Terms or limit access at any time, with or without advance notice. If you continue using the Website after changes are posted, that means you accept the revised Terms. The Website is intended for users in the United States and its territories. You confirm that you are of legal age and meet these requirements.
Our Privacy Policy explains how we collect and use personal information and is part of these Terms. By using the Website, you acknowledge that you have read and agree to the Privacy Policy.
These Terms include a binding arbitration agreement and a class action waiver (see Section 20: Dispute Resolution).
1. The Website and What We Do
El Paso Paint Pros is a locally owned and operated painting company serving the El Paso, TX community and surrounding areas. The Website is a technology platform that lets homeowners and consumers in the El Paso area submit service requests for residential and commercial painting services, including interior painting, exterior painting, drywall repair, cabinet refinishing, and related home improvement services (collectively, the "Services").
We provide:
- Tools and information that connect you with our professional painting team.
- The ability to request quotes, book appointments, and explore our painting services.
You use the Website at your own risk.
2. Form Submission and Contact Consent
When you complete a form on our Website, you consent to our use of your information as described in the Privacy Policy. You also give express permission for El Paso Paint Pros to contact you by:
- Phone (including autodialed or prerecorded calls)
- Text message
- Postal mail
Message and data rates may apply. Consent is not required to make a purchase. 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:
- Are at least 18 years old.
- Are located in the United States or its territories.
- Are not prohibited from using the Website under applicable law.
If you accept these Terms on behalf of a business, you confirm that you have the authority to bind that business.
4. License
We give you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices. All rights not expressly granted are reserved.
5. Restrictions on Use
You may not:
- Use the Website to compete with us, harass others, or engage in unlawful conduct.
- Scrape, hack, or overload the Website.
- Collect user information for unsolicited outreach.
- Make false statements or misrepresentations.
- Copy, monitor, frame, or alter content without permission.
- Reverse engineer or remove security protections.
We may suspend or end access at any time without notice.
6. User Content and Feedback
You may send content such as feedback, messages, or reviews. You keep ownership of your content, but you grant 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.
- It does not violate any law or infringe on another person’s rights.
We may use feedback without restriction or obligation.
7. Links and Third-Party Sites
Links to outside websites are provided only for convenience. We are not responsible for their content, policies, or practices. Your use of those sites is governed by their own terms.
8. Service Estimates and Contracts
Quotes and estimates provided through the Website or by our team are informational and may be subject to change based on an on-site assessment. Before work starts, you will receive a final written estimate or contract. Any painting service contract is between you and El Paso Paint Pros.
9. Premier Partners and Communications
By submitting your information, you authorize El Paso Paint Pros and its authorized partner companies to reach you using automated technology, including phone or email. Consent is not required to buy services. See Section 2 for opt-out details.
10. Disputes with Third Parties and Release
Any dispute with third-party subcontractors or partners is solely between you and that party. You release us from claims connected to those disputes.
California residents waive Civil Code §1542; similar waivers apply in other jurisdictions.
11. Intentional False Information
Submitting false contact or address information may create legal liability. You agree to indemnify us and any affected parties for resulting losses and damages.
12. Proprietary Rights
All Website content, including trademarks, logos, completed project photos, and copyrights, belongs to El Paso Paint Pros or its licensors. No ownership is transferred to you.
13. Reliance on Information
Information on the Website may be outdated, incomplete, or inaccurate. We do not guarantee that it is complete or correct. Paint colors displayed on your screen may differ from actual results because of monitor settings and lighting conditions.
14. Termination and Changes
We may change, suspend, or discontinue the Website or your access to it at any time. Some provisions continue after termination, including disclaimers and arbitration terms.
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 fullest extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages.
- Our total liability is capped at $100 or the amount you paid us.
Some jurisdictions may not allow these limits.
17. Indemnification
You agree to defend, indemnify, and hold El Paso Paint Pros harmless from claims arising out of your:
- Breach of these Terms
- Content submissions
- Use of our services
18. DMCA and Infringement Notices
Send infringement claims to:
DMCA Agent
El Paso Paint Pros
El Paso, TX 79901
Include:
- Description of the work and its location
- Contact information
- Statement of authorization
False claims may result in liability.
19. Electronic Communications
You agree to receive communications electronically through email or Website postings. Those communications satisfy any legal requirement for a written record.
20. Dispute Resolution and Arbitration
Disputes are subject to binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).
- Location: El Paso, Texas
- Claims ≤ $10,000 may be resolved by written submission.
- No class actions or jury trials allowed.
- The arbitrator’s decision is final and binding.
21. Choice of Law and Venue
Texas law governs these Terms.
Any dispute that cannot be arbitrated must be brought in state or federal court in El Paso County, Texas.
22. International Use
The Website is operated from the U.S. If you access it from another country, 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, extreme weather conditions common to the El Paso desert climate, war, and power failures.
24. California Notice
Consumers may contact the California Department of Consumer Affairs at:
400 R Street, Sacramento, CA 95814
Phone: (800) 952-5210
25. Statute of Limitations
Claims related to the Website must be filed within one year unless the law requires a different deadline.
26. Severability, Waiver, and Entire Agreement
If any provision is found invalid, the remaining provisions stay in effect.
Headings are for convenience only.
These Terms and the Privacy Policy form the complete agreement between you and us.
27. Miscellaneous
Using the Website does not create a joint venture, partnership, or employment relationship.
No third party has rights under these Terms.
28. Contact
If you have questions about these Terms, contact us at:
El Paso Paint Pros
El Paso, TX 79901
Phone: (915) 555-0123
Email: [email protected]
All rights reserved.
