Terms and Conditions
The PaintScratch.com Web Site is an interactive online service operated by Bio Pac, Inc. PaintScratch.com offers users content provided by PaintScratch.com and various automotive color books from major paint manufacturers. (View our Privacy Statement.)
User Agreement. In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the following rules. By using PaintScratch.com (the "Service"), you hereby agree to be bound by all of the following terms and conditions ("Terms of Service" or "TOS").
Copyright Notice and Limitations on Use. All of the information, content and services (collectively, the "Content") within this Service is protected by copyright and other intellectual property laws. The Content is owned by PaintScratch.com and its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the content in any other way or for any other purpose without the written consent of PaintScratch.com. Requests regarding use of the Content for any purpose other than personal, non-commercial use should be directed to:
Bio Pac, Inc.
PO Box 5288
Incline Village, NV 89450
You acknowledge that the Content includes certain trademarks and service marks owned by PaintScratch.com, Sikkens, and PPG. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
If you operate a Web site and wish to link to the Service, you must link to the Service's home page. PaintScratch.com reserves the right to reject or terminate any links to the Content or the Service.
California Sales Tax
Bio Pac, Inc., the owner of PaintScratch.com, is a Nevada corporation with offices in Incline Village, NV 89451. The corporation uses a drop shipper in San Leandro, CA to process orders sent to California residents. PaintScratch.com follows the rules set forth in the Section 1706 of the California State Board of Equalization. Our drop shipper is a completely independent company and Bio Pac, Inc. has no ownership of this company. We have no offices or affiliates in California and do not conduct business in the state. All operations are conducted in Incline Village, NV.
Bio Pac, Inc. holds a valid Nevada sales tax license and charges sales tax to Nevada residents. Bio Pac, Inc. does not hold a California sales tax license and cannot legally charge California residents sales tax on orders placed on our website. Bio Pac, inc. pays CA sales tax to the drop shipper (See Section 1706) who acts as the retailer for orders shipped to California residents. The sales tax billed is the current statewide tax rate. The customer is responsible for any additional local sales taxes due.
PaintScratch.com Disclaimer: The information on vehicles provided in this service is not always accurate and can be incomplete. PaintScratch.com cannot and does not verify or warrant the accuracy or completeness of the information. The information contained herein are provided on an "as is", "as available" basis and PaintScratch.com makes no representations or warranties, expressed or implied, to any potential or existing customer. You acknowledge that any reliance upon this information shall be at your sole risk. PaintScratch.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the information provided. You agree to release, hold harmless and indemnify PaintScratch.com from any and all liability arising from incorrect or incomplete information regarding any vehicle.
PaintScratch.com specifically disclaims any implied warranties, including the warranties of merchantability and fitness for a particular purpose regarding the paint sold from this website.
General Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE AT YOUR OWN RISK. NEITHER PaintScratch.com, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TOUCH-UP PAINT. THE TOUCH-UP PAINT IS PROVIDED ON AN "AS IS" BASIS AND PaintScratch.com SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
PaintScratch.com, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE USE OF THE TOUCH-UP PAINT, OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE INFORMATION; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF PaintScratch.com, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Miscellaneous. PaintScratch.com reserves the right at their discretion to change these Terms of Service and will notify users of any such changes by on-line postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Washoe County, Nevada, within one year after the cause of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.