Liability Waiver

We are so excited you've signed up to paint with us! You're almost there - just one last step! Please carefully read the following. If you agree, sign and submit this waiver before your paint and sip event.

LIABILITY WAIVER

1. TERMS
 

By accessing this website (the “Site”), the person(s) accessing the Site (“You” or “Your”) is agreeing to be bound by, and responsible for compliance with, the Website Terms and Conditions of Use (the “Terms of Use”) of Palouse Paints, affiliated companies, and its authorized agents, employees and assignees (collectively, “Palouse Paints”) and all applicable laws and regulations, including applicable local laws. If You do not agree with any of the Terms of Use, You are prohibited from using or accessing the Site. The Materials contained in the Site are protected by applicable copyright and trademark laws.

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2. PROPRIETARY RIGHTS

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Notwithstanding anything to the contrary herein, Palouse Paints owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.

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3. CHARGEBACK POLICY

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All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact Palouse Paints for immediate resolution.

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YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT PALOUSE PAINTS MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

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4. DISCLAIMER

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THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. PALOUSE PAINTS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PALOUSE PAINTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.

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5. LIMITATIONS

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IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PALOUSE PAINTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF PALOUSE PAINTS HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

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6. INDEMNIFICATION

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You agree to defend, indemnify and hold Palouse Paints harmless from any and all claims, demands, causes of action, costs, expenses, attorney’s fees, damages or liabilities of any kind arising out of or relating, in whole or in part, to the use or inability to use the Site or the Materials on the Site, or Your breach or violation of the law or of these Terms of Use.

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7. REVISIONS AND ERRATA

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The Materials appearing on the Site may include technical, typographical, or photographic errors. Palouse Paints does not warrant that any of the Materials on the Site are accurate, complete, or current. Palouse Paints may make changes to the Materials contained on the Site at any time without notice. Palouse Paints does not, however, make any commitment to update the Materials.

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8. TERMS OF USE MODIFICATIONS

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Palouse Paints may revise the Terms of Use for the Site at any time without notice. By accessing the Site, You are agreeing to be bound by the then-current version of the Terms of Use.

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9. GOVERNING LAW

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Any claim relating to the Site or the Terms of Use shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.