Terms of Service

TERMS OF SERVICE

OVERVIEW

Welcome to the Paint Track Painting Services, LLC (“Paint Track“) website.

These Website Terms of Use & Service (“Terms“) govern your access to and use of our website, including any estimate request forms, consultation requests, contact forms, online communications, text messaging services, and any other information or services made available through our website.

By accessing or using this website, requesting an estimate, submitting information through our online forms, communicating with us electronically, or otherwise using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of this website.

These Terms apply solely to your use of our website and online services. Separate written proposals, contracts, warranties, or project agreements provided by Paint Track govern any painting, refinishing, restoration, carpentry, or related services we perform.

Paint Track Painting Services, LLC is a New York-based painting and restoration contractor providing residential and commercial services including, but not limited to:

  • Interior painting
  • Exterior painting
  • Cabinet refinishing
  • Deck cleaning, restoration, and staining
  • Cedar siding restoration
  • Carpentry repairs
  • Surface preparation
  • Color consultations
  • Property evaluations
  • Maintenance recommendations

Information presented on this website is provided for general informational purposes and should not be interpreted as a guarantee, warranty, binding quotation, or contractual offer.

Every property, substrate, project condition, and scope of work is unique. Final recommendations, pricing, timelines, and project specifications are determined only after Paint Track has evaluated the project and provided a written proposal.

SECTION 1 – WEBSITE USE

You may use this website solely for lawful purposes and to learn about or inquire regarding Paint Track’s services.

You agree that you will not:

  • Use the website in violation of any federal, state, or local law;
  • Attempt to gain unauthorized access to our website, servers, or systems;
  • Upload malicious software, viruses, or harmful code;
  • Interfere with the operation or security of the website;
  • Use automated software, bots, scraping tools, or similar technologies to copy website content without our written permission;
  • Misrepresent your identity or submit false information through any website form.

We reserve the right to suspend or terminate access to our website for any individual who violates these Terms or attempts to interfere with the proper operation of the website.

SECTION 2 – ESTIMATES AND CONSULTATION REQUESTS

Submitting an estimate request or consultation request through our website does not create a contract between you and Paint Track.

Any estimate provided by Paint Track is based upon the information available at the time of inspection or consultation. Final pricing may change if additional work becomes necessary due to conditions that were not visible or reasonably discoverable during the initial evaluation.

Examples include, but are not limited to:

  • Hidden wood rot
  • Structural deterioration
  • Water damage
  • Mold or mildew damage
  • Improper previous repairs
  • Insect damage
  • Additional surface preparation requirements
  • Changes requested by the customer after the estimate has been issued

Unless otherwise stated in writing, all estimates are non-binding and subject to revision until accepted by both parties through a written agreement.

Submission of an estimate request does not guarantee project acceptance, scheduling, or availability.

Paint Track reserves the right to decline projects at its sole discretion. 

SECTION 3 – SCHEDULING

Project schedules are developed based upon current workload, project requirements, weather conditions, material availability, and other operational considerations.

While we strive to complete projects within anticipated timeframes, all schedules are estimates and are subject to change.

Factors that may delay or affect scheduling include:

  • Weather conditions
  • Manufacturer shipping delays
  • Material shortages
  • Unexpected site conditions
  • Customer-requested changes
  • Safety concerns
  • Emergency service priorities

Paint Track will make reasonable efforts to communicate scheduling adjustments as promptly as practical.

Delays caused by circumstances beyond our reasonable control shall not constitute a breach of any agreement.

SECTION 4 – DEPOSITS, PAYMENTS, AND BILLING

Unless otherwise agreed in writing, payment terms will be outlined in your written proposal or service agreement.

To reserve a project on our schedule, Paint Track may require a deposit. Deposits allow us to secure labor, order materials, reserve project dates, and prepare for your project.

Any remaining balances, progress payments, or final payments will be due according to the payment schedule specified in your proposal or contract.

Failure to make payments when due may result in:

  • Delays in scheduling or project completion;
  • Suspension of work until payment is received;
  • Additional collection costs or fees permitted by applicable law.

Customers remain responsible for payment for completed work, approved change orders, custom-ordered materials, and any services performed prior to project suspension or cancellation.

Unless otherwise stated in writing, ownership of materials supplied by Paint Track remains with Paint Track until payment has been received in full.

SECTION 5 – CHANGES TO THE SCOPE OF WORK (CHANGE ORDERS)

Our proposals are prepared based upon the information available during the initial consultation or site inspection.

If additional work becomes necessary after the project begins, a Change Order may be required.

Examples include, but are not limited to:

  • Hidden wood rot
  • Deteriorated trim
  • Water intrusion
  • Structural damage
  • Surface failure
  • Previously concealed repairs
  • Additional carpentry
  • Additional preparation beyond normal expectations
  • Customer-requested additions or modifications
  • Discovery of hazardous or unsafe conditions

Whenever reasonably possible, Paint Track will discuss any additional work with the customer before proceeding.

No customer is obligated to approve additional work; however, Paint Track reserves the right to suspend or modify the project if undiscovered conditions prevent completion of the originally proposed scope.

Approved Change Orders become part of the project agreement and may affect pricing, scheduling, and completion dates.

SECTION 6 – CUSTOMER RESPONSIBILITIES

To help ensure a safe and efficient project, customers agree to:

  • Provide reasonable access to the property during scheduled working hours.
  • Ensure utilities, including electricity and water, are available when required.
  • Remove or protect valuable personal belongings, artwork, electronics, fragile items, and other valuables from work areas unless otherwise agreed.
  • Secure pets and supervise children to maintain a safe working environment.
  • Notify Paint Track of any known conditions that may affect the project, including water leaks, structural concerns, hazardous materials, or previous repair issues.
  • Review project progress and promptly communicate any questions or concerns.

While Paint Track takes reasonable precautions to protect surrounding areas, customers acknowledge that painting, sanding, carpentry, pressure washing, and restoration work may generate dust, noise, odors, or temporary disruptions that are normal components of the construction process. 

SECTION 7 – COLOR SELECTION AND CUSTOMER APPROVAL

Final color selections are the responsibility of the customer.

Paint Track is pleased to assist with professional color consultations and product recommendations; however, all final color decisions should be confirmed by the customer before materials are ordered and application begins.

Customers are encouraged to review physical color samples under various lighting conditions and, when appropriate, approve on-site sample applications before the project proceeds.

Once materials have been ordered or applied, changes to customer-selected colors may result in additional charges for labor, materials, and scheduling adjustments.

Paint Track is not responsible for dissatisfaction resulting solely from customer-approved color selections. 

SECTION 8 – NATURAL MATERIAL VARIATIONS

Many of the services provided by Paint Track involve natural building materials whose appearance may vary significantly.

Customers acknowledge that wood, cedar, composite materials, previously stained surfaces, previously painted surfaces, and other substrates may accept coatings differently due to age, weather exposure, moisture content, species, previous finishes, ultraviolet exposure, manufacturing differences, and other environmental factors.

As a result:

  • Sample colors may appear differently on the completed project.
  • Existing wood may absorb stain differently from new replacement boards.
  • Natural cedar exhibits inherent color and grain variation.
  • Previously weathered surfaces may not achieve perfectly uniform coloration.
  • Touch-up work may not perfectly match previously applied finishes due to normal aging and environmental exposure.

Paint Track makes every reasonable effort to produce consistent, high-quality results; however, slight variations in color, sheen, texture, and appearance are normal and do not constitute defective workmanship.

SECTION 9 – PRODUCT PERFORMANCE

Paint Track uses professional-grade coatings, stains, primers, sealers, and finishing products manufactured by reputable suppliers.

While we carefully select products appropriate for each project, Paint Track cannot guarantee the future performance of products manufactured by third parties.

Product longevity may be affected by numerous factors beyond our control, including:

  • Weather conditions
  • Moisture
  • Sunlight and ultraviolet exposure
  • Building movement
  • Improper maintenance
  • Structural defects
  • Previous coatings
  • Environmental contaminants
  • Normal aging

Manufacturer warranties, if any, remain subject to the manufacturer’s terms and conditions.

SECTION 10 – CUSTOMER SUPPLIED MATERIALS

If a customer requests that Paint Track use paint, stain, coatings, hardware, or other materials supplied by the customer or a third party, Paint Track cannot guarantee the performance, compatibility, coverage, appearance, or longevity of those products.

Any delays, additional labor, or costs resulting from customer-supplied materials may be billed separately. 

SECTION 11 – WORKMANSHIP WARRANTY

Paint Track takes pride in delivering quality craftsmanship using professional-grade products and industry best practices.

Any workmanship warranty offered by Paint Track will be described in the customer’s written proposal, project agreement, or warranty documentation. Unless expressly stated in writing, no additional warranties are provided.

Our workmanship warranty applies only to defects resulting directly from our workmanship and does not cover conditions beyond our reasonable control, including but not limited to:

  • Normal wear and tear;
  • Weathering, fading, or discoloration due to sun exposure or environmental conditions;
  • Structural movement, settling, or shifting of the building;
  • Water intrusion or moisture-related damage;
  • Mold, mildew, algae, or fungal growth occurring after project completion;
  • Damage caused by third parties;
  • Customer neglect or failure to perform recommended maintenance;
  • Acts of nature, including storms, flooding, hail, wind, or fire;
  • Previously existing substrate failures or defects not reasonably discoverable during the project.

Warranty coverage may become void if repaired, modified, or altered by anyone other than Paint Track without our prior written approval.

SECTION 12 – PROJECT PHOTOGRAPHY 

Unless otherwise agreed in writing, Paint Track may photograph or video record project areas before, during, and after completion for legitimate business purposes.

These purposes may include:

  • Documenting existing conditions;
  • Quality control;
  • Warranty documentation;
  • Employee training;
  • Marketing and advertising;
  • Company website;
  • Social media;
  • Printed promotional materials;
  • Educational content.

Paint Track will make reasonable efforts to avoid displaying personally identifiable information, family photographs, addresses, security codes, license plates, or other private information in publicly shared materials.

Customers who prefer that photographs of their completed project not be used for marketing purposes may notify Paint Track in writing before project completion. Paint Track will make reasonable efforts to honor such requests while retaining photographs necessary for documentation, warranty, insurance, or legal purposes. 

SECTION 13 – INTELLECTUAL PROPERTY

All content appearing on this website, including but not limited to:

  • Text
  • Logos
  • Company name
  • Graphics
  • Images
  • Videos
  • Project photographs
  • Blog articles
  • Marketing materials
  • Layout
  • Design
  • Software
  • Trademarks

is the property of Paint Track Painting Services, LLC or its respective licensors and is protected by applicable intellectual property laws.

No portion of this website may be copied, reproduced, distributed, modified, republished, or used for commercial purposes without our prior written permission.

Nothing contained on this website grants any license or ownership rights to users except the limited right to view website content for personal, non-commercial use.

SECTION 14 – WEBSITE AVAILABILITY 

While Paint Track strives to maintain an accurate and reliable website, we do not guarantee that the website will always be available, uninterrupted, secure, or free from errors.

Information provided on this website is offered for general informational purposes only.

Although we make reasonable efforts to keep website content current, Paint Track does not guarantee the completeness, accuracy, or timeliness of all information.

We reserve the right to modify, suspend, discontinue, or update any portion of the website without prior notice. 

SECTION 15 – THIRD-PARTY WEBSITES AND SERVICES

Our website may contain links to third-party websites, applications, mapping services, social media platforms, financing providers, manufacturers, suppliers, or other external resources.

These links are provided solely as a convenience.

Paint Track does not control, endorse, or assume responsibility for the content, privacy practices, security, or availability of any third-party website or service.

Your use of any third-party website is governed solely by that provider’s own terms and privacy policies. 

SECTION 16 – LIMITATION OF LIABILITY 

To the fullest extent permitted by applicable law, Paint Track Painting Services, LLC, together with its owners, officers, employees, subcontractors, representatives, and affiliates, shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

  • Use of this website;
  • Inability to access the website;
  • Errors or omissions within website content;
  • Temporary interruption of online services;
  • Electronic communications;
  • Third-party websites;
  • Customer reliance upon general website information.

Nothing contained within these Terms limits any rights that cannot legally be limited under applicable law.

Except where prohibited by law, Paint Track’s total liability arising solely from the use of this website shall not exceed the amount, if any, paid by the user specifically for the online service giving rise to the claim.

SECTION 17 – INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless Paint Track Painting Services, LLC and its owners, employees, officers, representatives, agents, affiliates, and contractors from any claims, liabilities, damages, losses, expenses, or reasonable attorneys’ fees arising from:

  • Your misuse of this website;
  • Your violation of these Terms;
  • Your violation of applicable laws;
  • Information you submit through our website;
  • Your infringement of another person’s rights.

This provision shall survive termination of these Terms. 

SECTION 18 – CHANGES TO THESE TERMS OF SERVICE

Paint Track reserves the right to modify or update these Terms at any time.

Updated versions will become effective upon posting to this website unless otherwise stated.

Continued use of the website following publication of revised Terms constitutes acceptance of those revisions.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid provision shall be interpreted or modified only to the extent necessary to make it enforceable while preserving its original intent whenever possible.

If you choose to provide your mobile phone number and expressly consent to receive text messages from Paint Track Painting Services, LLC, you agree to receive SMS or MMS messages related to your inquiries, consultations, projects, and other communications as described below.

SECTION 20 – SMS COMMUNICATIONS AND MOBILE MESSAGING TERMS

Depending on your interactions with Paint Track, you may receive text messages regarding:

  • Estimate requests and appointment scheduling;
  • Consultation confirmations and reminders;
  • Project scheduling and status updates;
  • Changes to appointments due to weather or other unforeseen circumstances;
  • Requests for project information or photographs;
  • Customer service communications;
  • Invoice reminders and payment notifications;
  • Follow-up communications regarding sent proposals;

Providing your mobile phone number and opting in to receive text messages is voluntary. Your consent to receive SMS messages is not a condition of purchasing Paint Track’s services. Message frequency varies depending on your project, appointments, and communication preferences.

Standard message and data rates may apply according to your wireless carrier’s plan. You may opt out of receiving SMS communications at any time by replying “STOP”. After we receive your request, you will receive one final confirmation message confirming your opt-out status. You will no longer receive SMS messages from Paint Track unless you subsequently provide new consent. For assistance regarding our text messaging program, reply “HELP” or contact us directly at (914)-762-7874 or info@painttrack.com

Wireless carriers are not responsible for delayed or undelivered messages. Paint Track may use reputable third-party service providers to facilitate text message communications on our behalf. These providers may process your phone number and message content solely for the purpose of delivering communications requested by or relating to your interactions with Paint Track.

Your use of our SMS communications is also governed by our Privacy Policy. Paint Track does not sell, rent, or share SMS opt-in information or mobile phone numbers with third parties or affiliates for their own marketing or promotional purposes.Information may be shared only with service providers that assist Paint Track in delivering SMS communications or operating our business, and only to the extent necessary to provide those services.

 

SECTION 20 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement governing your use of this website.

Nothing contained within these Terms supersedes any separately executed written contract between Paint Track and its customers for construction or painting services.

Where a written project agreement conflicts with these Terms, the written project agreement shall control with respect to the services being provided. 

SECTION 21 – CONTACT INFORMATION

Paint Track Painting Services, LLC

Email: info@painttrack.com

Phone: (914)-762-7874

Mailing Address:

1133 Pleasantville Rd. Suite #2D, Briarclif Manor NY 10510

Website:

www.painttrack.com