U.S. Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE.
These terms and conditions (“Agreement”) apply to your purchase of products and/or services and support (“Product”) sold in the United States by Change For Us, LLC (owner of housepaintersuniversity.com and it’s products and services), including its affiliates or subsidiaries and to your use of the information and materials contained in Change For Us, LLC regardless of the format that you use to access such information (e.g., online, printed publications or CD-Rom discs). The following terms and conditions governing your use of the information and materials contained in Change For Us, LLC are in addition to the terms and conditions of the housepaintersuniversity.com website Terms and Conditions and any terms included with or embedded upon Change For Us, LLC product that you purchase or license (the “Additional Terms”). By placing your order for Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be subject to these terms and conditions, you must promptly cancel your order.
Orders; Quotes; Interest. Terms of payment are within Change For Us, LLC’s sole discretion, and unless otherwise agreed to by Change For Us, LLC, payment must be received by Change For Us, LLC prior to Change For Us, LLC’s acceptance of an order. Payment for the products or service will be made online only. Your order is subject to cancellation by Change For Us, LLC, in Change For Us, LLC’s sole discretion. Unless you and Change For Us, LLC have agreed to a different discount, Change For Us, LLC’s standard pricing policy. Change For Us, LLC is not responsible for pricing, typographical, or other errors in any offer by Change For Us, LLC and reserves the right to cancel any orders arising from such errors.
Return Policies On Prelaunch Discounts
There are no refunds on any prelaunch discount offers after 28 days from the day you purchase any House Painters University programs at a prelaunch discount price. If you want a full refund on any prelaunch discount, you will need to use the Contact link on housepaintersuniversity.com to send all of your purchase information and order number to receive your refund. Refunds are given within 48 hours of your notice from the Contact page on housepaintersuniversity.com.
If you charge back any purchase from Change For Us, LLC through your credit card at any time, you agree to pay Change For Us, LLC the full amount of the charge back plus $250 processing fee, as well as any attorney’s fees, court processing costs and any additional fees related to the charge back or related to Change For Us LLC attorney’s fees, costs and/or traveling expenses in pursuing any and all fees associated with the charge back. To avoid charge backs, be sure to note the Change For Us, LLC name on your credit card statements.
Service offerings may vary. In addition to these terms and conditions, Change For Us, LLC may provide additional service and support to you. Change For Us, LLC has no obligation to provide service or support until Change For Us, LLC has received full payment for the Product or service/support contract you purchased. Change For Us, LLC is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not Change For Us, LLC.
Limitation of Liability
CHANGE FOR US, LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CHANGE FOR US, LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, CHANGE FOR US, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Not For Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND Change For Us, LLC arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Change For Us, LLC’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAW. Dispute Resolution and Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND Change For Us, LLC, its agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Change For Us, LLC’S advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal family or household use) may elect to pursue their claims in small-claims court rather than arbitration.The arbitration or small-claims court proceeding will be limited solely to the dispute or controversy between customer and Change For Us, LLC. In any dispute,NEITHER CUSTOMER NOR Change For Us, LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties’ dispute resolution agreement, and if found unenforceable, the entire arbitration and dispute resolution provision shall not be enforced.The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Change For Us, LLC will be responsible for paying any individual consumer’s arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Unless otherwise noted, all of the information and materials (Materials) contained in Change For Us, LLC and housepaintersuniversity.com, regardless of format, belong to Change For Us, LLC or its licensors. You agree to maintain all copyright and other notices on the Materials and on any copies you make of the Materials. You have no rights in the Materials and you may not use the Materials except as permitted herein. You agree not to violate the rights of Change For Us, LLC or its licensors. You may not allow anyone else to do anything with the Materials that is not specifically permitted herein.
You may not use Change For Us, LLC, and you may not allow others to use your subscription, directly or indirectly to (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Website or any Materials; (b) redistribute any of the Materials (including using it as part of any library or database); (c) create an electronic database by downloading and storing any of the Materials; or (d) collect or attempt to collect any information of others, including passwords, account or other information.
You may not assign, sub-license or otherwise transfer any of your rights under these Additional Terms.
This Agreement shall be governed by the laws of the State of Arizona, excluding its conflict of laws provisions.
Change For Us, LLC is not responsible for providing a domain name or hosting for your website template. You are responsible for purchasing your domain name, for uploading and updating your own website according to your domain name hosting service provider. Change For Us, LLC is not responsible for any website template or products and services associated with the website templates. Although, Change For Us, LLC offers services for help with your website template for an additional charge if you choose to hire Change For Us, LLC by contacting the service department at Change For Us, LLC on the website. If you do not have a domain name for your website template, you will need to purchase a domain name for your business. We recommend GoDaddy.com for domain name purchases and Hostgator.com for domain hosting. You will also need to provide hosting for your domain name at an additional charge by your hosting provider.
Change For Us, LLC does not refund unwanted items.
By clicking on the “Continue” button, you agree that you have read, understand, and accept the terms and conditions for all use of Change For Us, LLC services and products. By clicking on the “Continue” button, you also agree to receive email from housepaintersuniversity.com. Registered subscribers of housepaintersuniversity.com must understand and adhere to the terms and conditions as follows:
You must be at least 18 years old to be eligible to use the housepaintersuniversity.com Services. However, if you are at least 13 years old but not yet 18, you may use the housepaintersuniversity.com Services if, and only if, you have your parents’ or guardians’ prior permission. No one under age 13 may use the housepaintersuniversity.com Services under any circumstances. By clicking the “Continue” button you are representing that you are at least 18, or that you have your parents permission to register for the housepaintersuniversity.com Services
The E-newsletter is released on a random basis.
Option to forward the E-newsletter
Registered subscribers can forward the housepaintersuniversity.com emails to their family and friends who are also subscribers of housepaintersuniversity.com.
Registered subscribers can send feedback to housepaintersuniversity.com using the contact link.
All parts, contents and information present on housepaintersuniversity.com are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Warranty & Disclaimer
CHANGE FOR US, LLC PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND. CHANGE FOR US, LLC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
* Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CHANGE FOR US, LLC OR ITS EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE housepaintersuniversity.com SERVICES WHETHER OR NOT CHANGE FOR US, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the housepaintersuniversity.com Services or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the housepaintersuniversity.com Services before making a purchase or withing the 14-day trial period. You acknowledge, by your use of the housepaintersuniversity.com Services, that your use of the housepaintersuniversity.com Services is at your sole risk.
These Terms and Conditions May Change. Change For Us, LLC reserves the right to update or amend these Terms and Conditions at any time.
Change For Us, LLC May Change or Suspend Services
Change For Us, LLC and/or its clients may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof of any user for any reason.
You agree to indemnify, defend and hold harmless Change For Us, LLC, its partners, clients, employees, officers and directors, from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys’ fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the housepaintersuniversity.com Services.
Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by clicking on a unsubscribe link on the bottom of a newsletter, follow the link, or contact us.
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Change For Us, LLC or its client’s. Any such purported assignment or delegation by you without the appropriate prior written consent of Change For Us, LLC or its client’s will be null and void and of no force or effect.
Change For Us, LLC, it’s websites and E-Tips newsletters provides users with a collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (Change For Us, LLC.) You also understand and agree that the Change For Us, LLC Services may include advertisements and that these advertisements are necessary for Change For Us, LLC to provide the housepaintersuniversity.com services. You also understand and agree that the Change For Us, LLC Services may include certain communications from Change For Us, LLC, such as service announcements, administrative messages and the housepaintersuniversity.com services, and that these communications are considered part of Change For Us, LLC membership. You understand and agree that the Change For Us, LLC Services is provided “AS-IS” and that Change For Us, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the housepaintersuniversity.com, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access housepaintersuniversity.com.
Each bid support phone call with you or with any hpu Premium members will be recorded, and your agreement with the hpu Premium membership service gives housepaintersuniversity.com and Change For Us, LLC full ownership rights to any and all of these phone recordings in order to edit and/or post any or all parts of the phone recording online for an indefinite period for other hpu Premium members to hear. This bid support agreement between you and Change For Us, LLC will expire six months and 15 days after your hpu Premium upgrade registration date. You give up all rights to these phone recordings with your voice and spoken words about the hpu Premium program and agree not to be compensated or seek compensation in any way or at any time from Change For Us, LLC or housepaintersuniversity.com for these bid support phone recordings. You understand that your voice will be recorded and the recordings will be edited and any or all parts will be used on the housepaintersuniversity.com website in order to earn revenue.
By offering your own video testimonial to Change For Us, LLC and housepaintersuniversity.com with you in the video testimonial speaking about the hpu Premium membership program, you give Change For Us, LLC and housepaintersuniversity.com first rights and all rights to edit, use and/or publish any or all parts of this video testimonial on any website or anywhere online at any time and for an indefinite period of time once submitted. You give up all rights to this video testimonial to Change For Us, LLC before you submit it to YouTube.com or any other video display type of website. You give up all rights to your video testimonial and agree not to be compensated or seek compensation in any way or at any time from Change For Us, LLC or housepaintersuniversity.com for this video testimonial of you and that you submit to Change For Us, LLC and housepaintersuniversity.com or that Change For Us, LLC uses on any of its websites in order to earn revenue. You may also give other video production websites the rights to use or display your video testimonial of hpu Premium. The $50 bonus discount will be refunded to your credit card within 48 hours after you notify housepaintersuniversity.com with the blog URL where the video testimonial is published and after you send a digital, editable copy of the entire video testimonial to email@example.com. You must keep your hpu Premium membership beyond 15 days and the 14-day guarantee time period in order to be eligible to receive the $50 refund. If a refund was requested for the hpu Premium membership, you will not be eligible to receive this $50 refund. If you seek a refund for your hpu Premium membership at any time after you have received the $50 bonus, you must repay this $50 bonus. The video testimonial must be all in positive nature and solely about the hpu Premium membership. You understand that your video testimonial will be edited and any or all parts will be used on the housepaintersuniversity.com website in order to earn revenue.
By offering and/or publishing your own written review about hpu Premium on your painting company website, you give Change For Us, LLC and housepaintersuniversity.com the rights to edit, use and/or publish this written review on any website or anywhere online for an indefinite period of time. The $50 bonus discount will be refunded to your credit card within 48 hours after you notify housepaintersuniversity.com with the blog URL on your own painting company website where the written review is published. You must keep your hpu Premium membership beyond 15 days and the 14-day guarantee time period in order to be eligible to receive the $50 refund. If a refund was requested for the hpu Premium membership, you will not be eligible to receive this $50 refund. You must use the “Contact” link on any page on housepaintersuniversity.com to let us know about your published written review by sending your housepaintersuniversity.com membership username along with the URL where the review is published on your own personal painting company blog. The written review must be all in positive nature and solely about the hpu Premium membership. You must also provide a text link in the text body of the published review on your painting company blog, and that text link will need to lead to housepaintersuniversity.com. You understand that your written review will be edited and any or all parts will be used on the housepaintersuniversity.com website in order to earn revenue.