Certa ProPainters, Ltd. (“CertaPro®”)

Website Terms of Use

I. Acceptance of Terms

These Terms of Use (the “Terms”) govern your access or use of Certa ProPainters, Ltd.(“CertaPro Painters,” “we,” “us,” or “our”) website located at www.certapro.com (the “Website”). Please read these Terms and our Privacy Policies located at www.certapro.com/privacy-policy/ and www.certapro.com/california-consumer-privacy-notice/ (collectively, the “Privacy Policies”) carefully before use of the Website, as they constitute a legal agreement between you and CertaPro Painters governing your access and use of the Website and the services accessible via the Website (collectively, the “Services”). Your use of the Services will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE BETWEEN YOU AND CERTAPRO PAINTERS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. 

II. Arbitration Agreement

Mandatory Binding Arbitration of Disputes. By agreeing to these Terms, you agree that any dispute, claim or controversy arising out of or relating to these Terms or the formation, breach, termination, enforcement, interpretation, validity, applicability, or scope thereof or the use of the Services (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure outlined below, will be resolved solely by binding, individual arbitration and not in a court of law in any jurisdiction and not in a class, representative or consolidated action or proceeding, as set forth further below. 

You and CertaPro Painters agree that the U.S. Federal Arbitration Act (“FAA”) governs the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable, notwithstanding any choice of law or other provision in these Terms. It is the intent of the parties that the FAA and ADR Services, Inc.’s (“ADR Services”) Rules described below shall preempt all state laws to the fullest extent permitted by law. If the FAA and ADR Services’ Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions.  

You and CertaPro Painters further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 

Class Action Waiver. YOU AND CERTAPRO PAINTERS AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND CERTAPRO PAINTERS AGREE IN WRITING, YOU AND CERTAPRO PAINTERS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the Arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding, unless you and CertaPro Painters agree otherwise. If the foregoing sentence is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and CertaPro Painters shall be deemed not to have agreed to arbitrate Disputes on a class basis. This arbitration provision shall survive termination of these Terms. 

Informal Dispute Resolution. In the event of a Dispute, you and CertaPro Painters each agree to send to the other party a written notice of such Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to such Dispute; and the relief requested. You must send any notice of a Dispute by email at [email protected] or by mail at 2621 Van Buren Avenue, Suite 550A, Audubon, PA 19403. We will send any notice of dispute to you at the email address or mailing address we have for you, if any. You and CertaPro Painters agree to attempt to resolve any Dispute through informal negotiation within sixty (60) days after the notice of such Dispute is sent. After the end of that sixty (60)-day period and not before, you or CertaPro Painters may commence an arbitration proceeding as set forth in this Agreement to Arbitrate. 

If we cannot resolve the matter informally, you and CertaPro Painters agree that any and all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. 

Exceptions and Opt-Out Procedures. As limited exceptions to the mandatory arbitration provision above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the actual or threatened infringement or misappropriation of our intellectual property rights.  

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms by mail at Certa ProPainters, Ltd., 2621 Van Buren Avenue, Suite 550A, Audubon, PA 19403 or by email at [email protected]. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with CertaPro Painters. 

Conducting Arbitration and Arbitration Rules. The arbitration will be administered by ADR Services under its rules and procedures, including any supplementary rules then in effect (“ADR Services’ Rules”), except as modified by these Terms. ADR Services’ Rules are available at www.adrservices.com. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.  

A party who wishes to start arbitration must submit a written Demand for Arbitration to ADR Services and give notice to the other party as specified in ADR Services’ Rules. ADR Services provides a form Demand for Arbitration at www. Adrservices.com. You can contact ADR Services for more information on how to commence an arbitration proceeding at www.adrservices.com.  

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the Arbitrator, through a telephonic or video-conference hearing, or in-person hearing as established by ADR Services’ Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by ADR Services’ Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. 

In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm or organization are allowed to be submitted for arbitration, the arbitrator shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in ADR Services’ Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class or mass arbitrations of any kind. CertaPro Painters reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis, then the Agreement to Arbitrate set forth in this Section II shall be deemed null and void in its entirety, and you and CertaPro Painters shall be deemed not to have agreed to arbitrate disputes on a class basis. 

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by ADR Services’ Rules, including ADR Services’ Mass Consumer Non-Employment Arbitration Fee Schedule, as appropriate. If CertaPro Painters prevails in arbitration, it will pay all of its attorneys’ fees and costs and will not seek to recover them from you. 

Changes to Arbitration Agreement. Notwithstanding the provisions of Section XVI “Changes to Terms” below, if CertaPro Painters changes any of the terms of this Section II “Arbitration Agreement” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Modified” date below. The written notice must be provided either by mail at Certa ProPainters, Ltd., 2621 Van Buren Avenue, Suite 550A, or by email at [email protected]. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CertaPro Painters in accordance with the terms of this Section II “Arbitration Agreement” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 

III. Intellectual Property Rights 

All information, text, photographs, graphics, images, videos, logos, data, software and other materials including CertaPro Painters trademarks, service marks and copyrights (collectively the “Content”) found through the Services are owned or licensed by CertaPro Painters and may not be used, copied, broadcast, distributed, uploaded, posted or shared in any way without the express written consent of CertaPro Painters. 

CertaPro Painters expressly reserves all intellectual property rights in the Content. Nothing contained on the Website grants or should be construed as granting any license or right to use the Content for any purpose without the express written consent of CertaPro Painters. 

IV. Content Ownership, Responsibility, and Removal

Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users of the Services (including you) provide to be made available through the Services. 

Our Content Ownership. CertaPro Painters does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, CertaPro Painters and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. 

Rights in User Content Generated by You. By making any User Content available through the Services, you hereby grant to CertaPro Painters a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you. 

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by CertaPro Painters on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  

Removal of User Content. User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 

Rights in Content Granted by CertaPro Painters. Subject to your compliance with these Terms, CertaPro Painters grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. 

V. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services: 

to violate any applicable law or regulation;
to infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights;
for any purpose that is unlawful or prohibited by these Terms;
to cause harm or damage to any person or entity;
to interfere with the proper operation of the Services; or
to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, threatening, obscene or otherwise objectionable material (as determined by CertaPro Painters in its sole discretion).

VI. Third Party Websites

The Services may contain links to other websites or resources. These links are for your convenience only and are not under our control and are not subject to CertaPro’s Privacy Policies. We recommend that you check the privacy policies of each such website to determine how your information will be used. 

VII. Privacy Policies

All information we collect through the Services is subject to our Privacy Policies. By using the Services, you consent to all actions taken by CertaPro Painters with respect to your information in compliance with the Privacy Policies. For a detailed description of CertaPro Painters’ information collection practices, please see our Privacy Policies, which are incorporated herein by reference. 

VIII. Disclaimers

THE MATERIALS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 

CERTAPRO PAINTERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE. 

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION. 

IX. Limitation of Liability

IN NO EVENT WILL CERTAPRO PAINTERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CERTAPRO PAINTERS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE. 

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. With respect to these Terms of Use, any provisions concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property. 

X. Governing Law and Jurisdiction

These Terms and the Privacy Policies shall be construed under the laws of the Commonwealth of Pennsylvania, which shall control without regard to its conflict of laws provisions. Any action arising out of or relating to these Terms shall be commenced and concluded only in the Commonwealth of Pennsylvania before the Court of Common Pleas of Montgomery County or the United States District Court for the Eastern District of Pennsylvania. 

XI. Termination 

CertaPro Painters, in its sole discretion, may terminate or restrict your use or access to the Services for any reason, including, without limitation, if CertaPro Painters believes you have violated or acted inconsistently with these Terms. Upon any termination, discontinuation, or cancellation of the Services, the following provisions of these Terms will survive: Sections II, IV, VIII, IX, and X. 

XII. Waiver

CertaPro Painters’ failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms. 

XIII. Severability 

Except as set forth in Section II, “Class Action Waiver,” in the event that any provision or part of any provision in these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision or portion thereof shall be severed from these Terms; severance of the unenforceable or unlawful provision or portion thereof shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.  

XIV. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CERTAPRO PAINTERS AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE WEBSITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS. 

XV. Delays and Accessibility

The Services may be subject to limitations, delays, failures or other problems associated with the use of the Internet and electronic communications. From time to time, we may restrict access to all or some parts of the Services. CertaPro Painters is not liable if the Services are unavailable at any time for any reason. 

XVI. Changes to Terms

From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes. 

XVII. Changes to Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. The materials and services at the Website may be out of date, and CertaPro Painters makes no commitment to update the materials and services at this Website. 

XVIII. Entire Agreement

These Terms and the Privacy Policies constitute the entire integrated and exclusive agreement between you and CertaPro Painters with respect to the Services and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 

XIX. Comments and Questions 

If you have a comment or question about these Terms, please contact us at [email protected]. 

Last Modified: June 20, 2024