Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies referenced here, set the rules for your use of miamipaintpros.com and any related website 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 accept them, do not use the Website. We may update these Terms or limit access at any time, with or without notice. If you continue using the Website after changes are posted, that means you accept the revised Terms. The Website is designed 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, use, and protect personal information, and it 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
Miami Paint Pros is a technology platform that helps homeowners, property managers, and commercial clients in the Miami metropolitan area submit requests for professional painting services, including interior painting, exterior painting, residential painting, commercial painting, cabinet refinishing, drywall repair, pressure washing, and related home improvement services (collectively, the "Services").
We provide:
- A platform that connects you with qualified, licensed painting professionals in Miami, FL and nearby areas.
- Tools for requesting free estimates, booking consultations, and keeping track of painting projects.
- Information about painting services, color consultations, and planning your project.
You use the Website entirely at your own risk.
2. Form Submission and Contact Consent
When you submit a form on our Website — including estimate requests, contact forms, or service inquiries — you agree that we may use your information as described in the Privacy Policy. You also give express consent to be contacted by Miami Paint Pros and our affiliated painting professionals through:
- Phone (including autodialed or prerecorded calls)
- Text message (SMS)
- Postal mail
Message and data rates may apply. Consent is not required to buy services. You may opt out at any time by using the unsubscribe instructions in our messages or by reaching out to us directly.
You agree that:
- The information you provide is true, current, and complete.
- We may monitor or record calls for quality assurance and training purposes.
- We may share your information with our licensed painting professionals so they can respond to your request.
3. Eligibility and Authority
You may use the Website only if you can enter into a binding contract and meet all of the following conditions:
- You are at least 18 years old.
- You are located in the United States or its territories.
- You are not prohibited by applicable law from using the Website.
If you accept these Terms for a business, property management company, or another organization, you confirm that you have the authority to bind that entity to these Terms.
4. License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices for the purpose of learning about and requesting painting services. All rights not expressly granted are reserved by Miami Paint Pros.
5. Restrictions on Use
You may not:
- Use the Website to compete with Miami Paint Pros, harass our team, or engage in any unlawful activity.
- Scrape, hack, crawl, or overload the Website or its servers.
- Collect user information for unsolicited contact or spam.
- Make false representations about your identity, property, or service needs.
- Copy, monitor, frame, or modify Website content without our written consent.
- Reverse engineer, decompile, or remove security features from the Website.
- Use automated bots or scripts to interact with the Website.
We may suspend or end your access to the Website without notice if you violate these restrictions.
6. User Content and Feedback
You may submit content to the Website, including reviews, testimonials, feedback, photos of completed projects, and messages (collectively, "User Content"). You keep ownership of your User Content, but you give Miami Paint Pros a worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, distribute, display, modify, and create derivative works from it for any purpose, including marketing and promotional materials.
By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to the content.
- Your content does not violate any laws or the rights of any third party.
- You have obtained consent from any individuals shown in photos or videos.
We may use your feedback, suggestions, and testimonials freely, without any obligation to pay you.
7. Links and Third-Party Sites
The Website may include links to third-party websites, such as paint manufacturers, color tools, financing partners, and other resources. These links are provided only for convenience. Miami Paint Pros is not responsible for the content, accuracy, or practices of third-party websites. Your use of those websites is governed by their own terms and policies.
8. Estimates, Quotes, and Service Agreements
Any estimate or quote provided through the Website is informational only and is not binding until a formal written service agreement is signed between you and Miami Paint Pros or an affiliated painting professional.
Please note:
- Online estimates are based on the details you submit and may change after an on-site inspection.
- Final pricing depends on surface conditions, project scope, paint selection, accessibility, and other factors reviewed during an in-person consultation.
- All painting service contracts are separate agreements with their own terms, timelines, payment schedules, and warranty information.
- Colors shown on digital screens may differ from actual paint colors because monitor settings vary.
9. Premier Partners and Communications
By submitting your information through the Website, you authorize Miami Paint Pros and our partner companies — including paint suppliers, financing providers, and home improvement service providers — to contact you using automated technology, including phone, text, or email. Consent is not needed to purchase services. See Section 2 for opt-out details.
10. Disputes with Third Parties and Release
If you work with a third-party service provider through our platform — including subcontractors, specialty painters, or affiliated contractors — any dispute related to that relationship is solely between you and the third-party provider. You release Miami Paint Pros from any claims, demands, or damages arising from such disputes.
California residents waive California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release." Similar waivers apply to residents of other states where applicable.
11. Intentional False Information
Submitting false contact details, misrepresenting property ownership, or sending fraudulent service requests may create legal liability. You agree to indemnify Miami Paint Pros and any affected service providers for all losses, damages, and expenses resulting from false or misleading information you provide.
12. Proprietary Rights
All content on the Website — including text, images, logos, trademarks, service marks, project galleries, color guides, and software — belongs to Miami Paint Pros or its licensors. Nothing in these Terms transfers ownership rights to you. The "Miami Paint Pros" name and logo are registered trademarks and may not be used without written permission.
13. Reliance on Information
Information on the Website — including pricing guides, project timelines, color recommendations, and service descriptions — may be outdated, incomplete, or inaccurate. Miami Paint Pros makes no warranty regarding the completeness, reliability, or accuracy of Website content. For precise details about your specific project, request an in-person consultation.
14. Termination and Changes
We may change, suspend, or discontinue the Website or your access to it at any time, with or without notice. We may also revise these Terms from time to time. Some provisions remain in effect after termination, including disclaimers, limitation of liability, indemnification, and the arbitration agreement.
15. Disclaimers
The Website and all content, services, and information are provided "as is" and "as available."
Miami Paint Pros disclaims all warranties, express or implied, including:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of information
- Uninterrupted or error-free operation
Use of the Website is at your own risk. Miami Paint Pros does not guarantee that the Website will be free of viruses, malware, or other harmful components.
16. Limitation of Liability
To the fullest extent permitted by law:
- Miami Paint Pros is not liable for any indirect, incidental, special, consequential, or punitive damages.
- Our total aggregate liability for any claims arising from your use of the Website shall not exceed $100 or the amount you paid to Miami Paint Pros in the twelve (12) months preceding the claim, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Miami Paint Pros, its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your breach of these Terms
- Your User Content or submissions
- Your use of the Website
- Your dealings with service providers or third parties
- Any property damage or personal injury related to services you requested through the Website
18. DMCA and Infringement Notices
If you believe any content on the Website infringes your copyright, please send a notice to our designated DMCA Agent:
DMCA Agent — Miami Paint Pros
Miami, FL 33101
Email: [email protected]
Your notice must include:
- A description of the copyrighted work claimed to be infringed.
- The location of the allegedly infringing material on the Website.
- Your contact information (name, address, phone number, email).
- A statement that you have a good faith belief that use is not authorized.
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
Submitting false DMCA claims may result in liability for damages, costs, and attorneys' fees.
19. Electronic Communications
By using the Website and submitting forms, you consent to receive communications from Miami Paint Pros electronically, including emails, text messages, and Website postings. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
20. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any painting services obtained through the Website shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Key terms:
- Governing Law: The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
- Location: Arbitration shall take place in Miami, Florida, or via videoconference if agreed by both parties.
- Small Claims: Claims of $10,000 or less may be resolved through AAA's small claims procedures or by written submission.
- No Class Actions: You agree to resolve disputes individually and waive any right to participate in a class action, collective action, or representative proceeding.
- No Jury Trial: Both parties waive the right to a jury trial.
- Final and Binding: The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to: Miami Paint Pros, Miami, FL 33101.
21. Choice of Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Any disputes not subject to arbitration must be filed in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of such courts.
22. International Use
The Website is controlled and operated from Miami, Florida, United States. Miami Paint Pros makes no representation that the Website is appropriate or available for use outside the United States. Accessing the Website from jurisdictions where its content is illegal is prohibited and done at your own risk.
23. Force Majeure
Miami Paint Pros is not liable for delays or failure to perform obligations under these Terms caused by events beyond our reasonable control, including but not limited to: natural disasters, hurricanes, tropical storms (common in South Florida), floods, pandemics, government orders, power outages, labor disputes, supply chain disruptions, or acts of God.
24. Florida Consumer Notice
Florida consumers may contact the Florida Department of Agriculture and Consumer Services for assistance with consumer complaints:
Florida Department of Agriculture and Consumer Services
2004 Apalachee Parkway
Tallahassee, FL 32399
Phone: (800) 435-7352
Website: www.fdacs.gov
Additionally, Miami-Dade County residents may contact the Miami-Dade County Office of Consumer Protection for local consumer assistance.
25. Statute of Limitations
Any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after the claim or cause of action arises, or it is permanently barred, unless otherwise prohibited by applicable law.
26. Severability, Waiver, and Entire Agreement
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: The failure of Miami Paint Pros to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Entire Agreement: These Terms, together with the Privacy Policy and any service agreements you enter into, constitute the entire agreement between you and Miami Paint Pros regarding your use of the Website.
Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
27. Miscellaneous
- No joint venture, partnership, employment, or agency relationship is created between you and Miami Paint Pros through your use of the Website.
- These Terms are personal to you and may not be assigned or transferred without our prior written consent.
- Third parties have no rights under these Terms unless expressly stated.
- Miami Paint Pros may assign these Terms in connection with a merger, acquisition, or sale of assets.
28. Contact Us
If you have questions about these Terms and Conditions, please contact us:
Miami Paint Pros
Miami, FL 33101
Email: [email protected]
Phone: (305) 555-0199
For legal inquiries, please direct correspondence to our legal team at the address above.
© 2025 Miami Paint Pros. All rights reserved.
These Terms and Conditions were last updated on October 6, 2025.
