Terms and Conditions for Duluth Paint Pros in Duluth, MN

Effective Date: October 6, 2025

Overview

These Terms and Conditions, together with any policies referenced here, apply to your access to and use of duluthpaintpros.com and any related site that links to these Terms (the "Website"). Please review them carefully, because they affect your legal rights.

By using the Website, you accept these Terms. If you do not agree, do not use the Website. We may update these Terms or limit access at any time, with or without notice. If you keep 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 legally able to enter into this agreement and meet these location requirements.

Our Privacy Policy explains how we collect and handle personal information and is part of these Terms. By using the Website, you confirm that you have reviewed and accepted the Privacy Policy.

These Terms contain a binding arbitration agreement and a class action waiver (see Section 20: Dispute Resolution).

1. The Website and What We Do

Duluth Paint Pros is a locally owned painting company serving Duluth, MN, and nearby communities such as Hermantown, Proctor, Cloquet, Superior (WI), and the broader Northland area. The Website shares information about our residential and commercial painting services, including interior painting, exterior painting, cabinet refinishing, deck staining, drywall repair, and related home improvement work.

We do:

• Deliver professional painting and surface preparation services.
• Provide free estimates for projects within our service area.
• Connect homeowners with our in-house team of trained painters.

We do not:

• Promise results beyond what is covered in a written service agreement.
• Guarantee third-party products or materials we do not supply.
• Accept responsibility for pre-existing conditions that were not disclosed before service began.

Use of the Website is 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 allow us to use your information as described in the Privacy Policy. You also give express permission for Duluth Paint Pros to contact you by:

• Phone (including autodialed or prerecorded calls)
• Text message
• Email
• Postal mail

Message and data rates may apply. Consent is not required to make a purchase. You may opt out at any time by replying STOP to text messages, using the unsubscribe link in emails, or reaching out to us directly.

You agree that:

• The information you provide is accurate and up to date.
• We may monitor or record calls for quality assurance.
• You will keep us informed if your contact details change.

3. Eligibility and Authority

You may use the Website only if you can enter into a binding contract and meet all of the following requirements:

• You are at least 18 years old.
• You are located in the United States or its territories.
• You are not prohibited from using the Website under applicable law.

If you accept these Terms on behalf of a company, property management business, or other organization, you confirm that you are authorized to bind that entity.

4. License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices for informational purposes related to our painting services. All rights not expressly granted remain with Duluth Paint Pros.

5. Restrictions on Use

You may not:

• Use the Website to compete with Duluth Paint Pros, harass our staff, or carry out unlawful activity.
• Scrape, hack, or overload the Website or its servers.
• Gather user or company information for unsolicited outreach.
• Misstate your identity or intentions.
• Copy, monitor, frame, or alter Website content without written permission.
• Reverse engineer or remove security protections.
• Use our branding, logos, or business name without authorization.

We may suspend or end access at any time, with or without notice.

6. User Content and Feedback

You may send content through the Website, including reviews, testimonials, feedback, photos of completed work, or messages. You keep ownership of your content, but you grant Duluth Paint Pros a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display it for marketing, testimonial, or business purposes.

You represent that:

• You own the content or have permission to submit it.
• The content does not break any laws or violate the rights of others.
• Any photos you submit are of your own property or were taken with the property owner's permission.

We may use feedback and testimonials without compensation or further obligation.

7. Links and Third-Party Sites

The Website may include links to third-party websites, suppliers, or resources. These links are offered only for convenience. Duluth Paint Pros is not responsible for third-party content, products, services, or business practices. Your use of those sites is governed by their own terms and policies.

8. Estimates, Quotes, and Service Agreements

Estimates provided through the Website or in person are based on the information available at the time and are not binding contracts. Final pricing may change because of:

• Scope changes requested by the customer.
• Unseen surface conditions found during preparation.
• Changes in material prices.
• Extra labor needed beyond the original scope.

Before work begins, both parties must sign a written service agreement or contract. The signed agreement overrides any earlier verbal or written estimate.

9. Scheduling, Deposits, and Cancellation

When you schedule services with Duluth Paint Pros, you agree to the following:

• Deposits: We may require a deposit to reserve your place on our schedule. Deposits are credited toward the total project cost.
• Cancellation: If you cancel within 48 hours of the scheduled start date, you may lose your deposit. Rescheduling depends on availability.
• Weather Delays: Exterior painting in Duluth depends on weather. We may reschedule for rain, extreme cold, high humidity, or other conditions that could affect paint quality. We are not responsible for delays caused by Minnesota weather.
• Access: You are responsible for providing reasonable access to the work area on scheduled dates.

10. Disputes with Third Parties and Release

If Duluth Paint Pros coordinates with or refers you to third-party contractors such as electricians, carpenters, or drywall specialists, any dispute with those providers is strictly between you and them. You release Duluth Paint Pros from claims tied to those disputes.

11. Intentional False Information

Submitting false contact details, misrepresenting property ownership, or giving inaccurate project information may lead to refusal of service and possible legal liability. You agree to indemnify Duluth Paint Pros for any losses or damages caused by false information.

12. Proprietary Rights

All Website content — including text, images, project photos, logos, branding, and design elements — belongs to Duluth Paint Pros or its licensors. Using the Website does not give you any ownership rights. Unauthorized copying or use of our content is prohibited.

13. Reliance on Information

Website content, including project descriptions, pricing references, timelines, and color representations, is provided for general informational use. Actual results can differ depending on surface conditions, lighting, selected paint products, and other factors. We do not guarantee that Website information is complete or accurate.

Color samples and digital representations are approximate and may not perfectly match the finished result.

14. Termination and Changes

We may change, suspend, or discontinue the Website or your access to it at any time. Certain provisions continue after termination, including disclaimers, limitation of liability, indemnification, and arbitration clauses.

15. Disclaimers

The Website is provided "as is" and "as available."

Duluth Paint Pros disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of Website content

Use the Website at your own risk. Any service warranty, if offered, is governed only by the written service agreement.

16. Limitation of Liability

To the fullest extent permitted by Minnesota law:

• Duluth Paint Pros is not responsible for indirect, incidental, special, or consequential damages resulting from Website use or service performance.
• Total liability connected to Website use is limited to $100 or the amount you paid us for services, whichever is greater.
• We are not liable for damages caused by pre-existing structural conditions, customer-supplied materials, or failure to follow care instructions provided after the job is complete.

Some jurisdictions may not allow these limits.

17. Indemnification

You agree to defend, indemnify, and hold harmless Duluth Paint Pros, its owners, employees, and agents from any claims, damages, or expenses arising from:

• Your breach of these Terms.
• Content you submit to the Website.
• Your misuse of the Website.
• Disputes connected to your property or project.

18. DMCA and Infringement Notices

If you believe content on our Website infringes your copyright, send a notice to:

Duluth Paint Pros — DMCA Agent
Duluth, MN 55802
Email: [email protected]

Include:

• A description of the copyrighted work and where it appears on our site.
• Your contact information.
• A statement made in good faith that the use is not authorized.
• A statement, under penalty of perjury, that your notice is accurate.

False claims may create liability.

19. Electronic Communications

By using the Website or submitting forms, you agree to receive electronic communications from Duluth Paint Pros, including emails, text messages, and Website postings. These communications meet any legal requirement for written notice.

20. Dispute Resolution and Arbitration

Any dispute arising from these Terms or your use of the Website will be resolved through binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA).

• Location: Duluth, Minnesota (or via remote/virtual proceedings).
• Claims of $10,000 or less may be resolved by written submission only.
• No class actions or jury trials are permitted.
• The arbitrator's decision is final and binding.

This section does not restrict your ability to file complaints with the Minnesota Attorney General's Office or other regulatory agencies.

21. Choice of Law and Venue

These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles.

Non-arbitrable disputes must be filed in state or federal courts located in St. Louis County, Minnesota.

22. Service Area

Duluth Paint Pros serves Duluth, MN, and nearby communities. Our services are available only within our defined service area. Website content is intended for residents and property owners in the greater Duluth–Superior metropolitan area and the Northland region of Minnesota and Wisconsin.

23. Force Majeure

Duluth Paint Pros is not responsible for delays or failures caused by events outside our reasonable control, including but not limited to:

• Severe weather, blizzards, or extreme cold common to northern Minnesota.
• Natural disasters, floods, or storms.
• Pandemics, public health emergencies, or government orders.
• Supply chain disruptions affecting paint or materials.
• Power failures, labor disputes, or transportation interruptions.

24. Minnesota Consumer Notice

Minnesota consumers may contact the Minnesota Attorney General's Office with questions or complaints:

Office of Minnesota Attorney General
445 Minnesota Street, Suite 1400
St. Paul, MN 55101
Phone: (651) 296-3353 or (800) 657-3787

25. Statute of Limitations

Any claim arising from or related to the Website or our services must be filed within one (1) year after the cause of action arises, unless Minnesota law prohibits that limit.

26. Severability, Waiver, and Entire Agreement

If any part of these Terms is found to be invalid or unenforceable, the rest will remain in full force.

Headings are included for convenience only and do not control interpretation.

These Terms, along with the Privacy Policy and any signed service agreements, make up the entire agreement between you and Duluth Paint Pros concerning Website use.

27. Miscellaneous

Website use or service engagement does not create a joint venture, partnership, or employment relationship.

No third party has any rights under these Terms.

If we do not enforce a provision, that does not mean we waive the right to enforce it later.

28. Contact Us

If you have questions about these Terms and Conditions, please contact us:

Duluth Paint Pros
Duluth, MN 55802
Email: [email protected]
Phone: (218) 555-0199

We proudly serve Duluth, Hermantown, Proctor, Cloquet, Superior (WI), and the greater Northland region.

All rights reserved. © 2025 Duluth Paint Pros.