PRIVACY POLICY & TERMS

Privacy Policy

Topcoat Painting(“topcoatpaintingjax.com”, “our,” “us,” or “we”) respects your privacy. We created this Privacy Policy to let you know what information we collect when you access and use our Website, or create an account via the Website, how we use it, as well as our information sharing and protection practices.

This Privacy Policy applies to:

The website topcoatpaintingjax.com (the “Website”); and any email, text, and other electronic communications you send to Topcoat Painting through the Website.

This Privacy Policy does not apply to:

Information we collect through other websites, products, or services we may offer; and Information collected by third parties, which may have their own privacy policies. Please read this Privacy Policy carefully and save it. If you do not agree with it, you should not access the Website. By using the Website or by submitting electronic communications to us through the Website, you consent to the practices prescribed in this Privacy Policy.

WHAT INFORMATION DO WE COLLECT?
Personal Information. When we refer to “Personal Information” in this Privacy Policy, we mean any information by which you may be personally identified or contacted, whether online or offline. When you purchase products through the Website or otherwise fill out any forms located on the Website, we may collect certain Personal Information from you, such as your first and last name, home or other physical address, email address, phone number, and a credit card or other payment information. It is always your choice whether or not to provide Personal Information. If you choose not to provide the requested Personal Information, you may not be able to use certain features of the Website.

Technical Information. We may also collect and use technical data and related information, such as information about your device, system and application software, peripherals, and other data related to your interactions with the Website (“Technical Information”). We may automatically collect Technical Information through cookies, flash cookies, web beacons, and log files. The information we collect from these technologies may include your IP address, device ID, browser information, and the page you request. We do not consider this information to be Personal Information.

Geo-Location Information. We may also collect information about your geographic location from you or your device, including your country, region, city, zip code, street address, time zone, latitude, longitude, velocity, bearing, altitude, and horizontal position representation information (“Geo-Location Information”).

Online Tracking and Do Not Track Signals. We may use the Website and the Service to collect information from your web browser about your activities over time and across third-party websites, applications, or other online services (“Online Tracking Information”). Your web browser may allow you to opt out of our collection of Online Tracking Information by selecting a “do not track” (or similar) setting. However, we do not currently have processes to address those settings or other “do not track” requests, and consequently, cannot guarantee that we will honor such requests. If you do not want us to collect this information, do not use the Website or the Service.

INFORMATION YOU VOLUNTARILY DISCLOSER
Please keep in mind that whenever you voluntarily disclose Information through any public-facing features of the Website, that Information can be collected and used by others. You submit this Information at your own risk. We are not responsible for the security or privacy of any Information you choose to submit in connection with these public features.

HOW DO WE USE INFORMATION?
Except as described in this Privacy Policy or in our Terms of Service or similar document, Personal Information, Technical Information, Geo-Location Information, and Online Tracking Information (collectively, “Information”) that you provide or that we collect will be kept confidential and used to support your relationship with us.

WE MAY USE YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, AS FOLLOWS:

To provide support and other services to you related to the Website.

For order fulfillment, billing, and delivery purposes.

To improve, market, or promote our products and services.

To alert you to product upgrades, special offers, updated information, and other new products and services offered by us or our third-party partners.

To respond to comments, questions, or requests for customer service.

To display advertisements.

For any other purpose, we may describe when you provide the Information.

DATA AND BLIND DATA
You own all rights, title, and interest in and to any data (excluding Technical Information) that we collect from you via your use of and interaction with the Service (“Data”). We do not consider this to be Personal Information. You also grant us a non-exclusive, transferable, sub-licensable, royalty-free license to use any data we collect based on your use of the Website in order to provide, monitor and improve the Website and to compile, synthesize and analyze this Data (“Blind Data”), such as to generate anonymous usage statistics. If we generate Blind Data, it will be owned by us and we may use it for any lawful business purpose. Any Blind Data will not personally identify you or the source of the Data.

INFORMATION WE SHARE
Except as described in this Privacy Policy, we do not share, rent or sell your Personal Information collected through the Website with third parties. Topcoat Painting or its agents, vendors, or contractors may disclose Information, including your Personal Information, to third parties in the following circumstances: To our agents, vendors, or contractors that we use to support the internal operations of our business who are required to keep the Information confidential and use it only for the purposes for which we disclose it to them. If required to do so by law, comply with legal process or to comply with a governmental or regulatory request; To protect and defend the rights or property of Topcoat Painting or its agents or contractors; To enforce our Terms of Service or other agreements; To act in urgent circumstances to protect the personal safety of users of the Website or the public; and As part of a transaction or potential transaction where we merge with another organization, files for bankruptcy, or sells its assets or capital stock.

SECURITY OF YOUR INFORMATION
We maintain physical, electronic, and procedural safeguards designed to protect the Information. Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.

THIRD-PARTY WEBSITES, SERVICES, AND TECHNOLOGIES
We may provide links to third-party websites on the Website or in other communications to you. These links may appear as a specific domain name or URL or may be activated by clicking on an advertisement or other icon or graphic. Please be aware that other websites and services, including the websites of third parties that you connect with through the Website, may collect personally identifiable information about you. We cannot control and are not responsible for the information collection practices of any third-party websites, services, or applications. We encourage you to carefully review their terms of use, privacy policies, and any other legal notifications before using or providing information through such websites, services, or applications. Further, the Website may employ third-party technologies that require you to accept such third-party terms.

INTERNATIONAL TRANSFERS
Information collected from you may be stored and processed in the United States or any other country in which we or our affiliates, subsidiaries, agents, or contractors maintain facilities. If you are accessing the Website from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your data to the United States and processing globally. By providing your Information, you consent to any transfer and processing in accordance with this Privacy Policy.

CHILDREN’S PRIVACY
The Website is not intended for children under the age of 13. We do not knowingly collect Information from children under 13. If you believe that we may have collected Information from a child under the age of 13, please contact us at info@topcoatpaintingjax.com

INFORMATION CHOICES AND CHANGES
We may need to communicate with you about the Website, and we would like to make certain commercial offers available to you from time to time. As such, by signing up for our newsletter or by creating an account on the Website, you consent to receive commercial messages (whether by phone, email, text, or push notifications) from us or our third-party partners, and acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. We will allow you to opt out of receiving commercial messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Website), you will need to terminate your account. Depending on your browser, you may be able to remove and reject cookies from our Website by changing your browser settings. The default setting of many browsers is set to accept cookies until you change your settings. Please note that if you disable or refuse cookies, certain features of the Website may become inaccessible or may not function properly.

CHANGES TO THIS PRIVACY POLICY
This is our entire Privacy Policy and it replaces any earlier version. We may change this Privacy Policy by posting a new version on the Website, and it is your responsibility to review this Privacy Policy periodically. If we make material changes to our practices regarding the collection, use, and sharing of your Personal Information, we will notify you via e-mail to the email address you provide to us and/or through a notice on the Website. When we do change the Privacy Policy, we will also revise the “revised” date. Your continued use of the Website after such date constitutes your agreement to this Privacy Policy and any updates.

CONTACTING TOPCOAT PAINTING

For questions or comments regarding this Privacy Policy, please contact us by email at info@topcoatpaintingjax.com.

Terms of Use

  1. General. This Website Terms of Use Agreement (“Agreement”) governs your access to and use of the website operated by Topcoat Painting (“Topcoat Painting,” “our,” “us,” or “we”) and located at topcoatpaintingjax.com (the “Website”). By accessing, browsing, using, and interacting with this Website, you agree that you have read, understood, and accept this Agreement. Please read it carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website. This Agreement does not govern your use of any products or services that may be offered by us or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to products and/or services as a condition of receiving such products and/or services.
  2. Use of the Website. You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with our Website that require you to accept such third-party terms. We are not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of the use of the Website or the features hereof. We may, but are not obligated to, monitor your use of the Website.
  3. Intellectual Property. This Website and its content are protected by law, including without limitation, copyright law, trademark law, and other applicable international laws and treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of topcoatpaintingjax.com or its licensors except as expressly stated in this Agreement.
  4. Transmission of Content. Any material, information, or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with our Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to us.
  5. International Use. This Website is controlled and operated by Topcoat Painting from within the United States. We make no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
  6. U.S. Government Restricted Rights. The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
  7. Limitation of Liability. THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  8. Term and Termination. This Agreement is effective as of the date of your first access or use of the Website and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of the Agreement.
  9. General. The laws of the State of Florida, excluding its conflict of law principles, govern this Agreement and your use of the Website. Any suit to enforce this Agreement shall be brought exclusively in the state or federal courts sitting in Duval County, Florida and you hereby consent to the jurisdiction of such courts and waive any venue objection. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “Topcoat Painting,” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
  10. Contacting Us. All questions, comments, feedback, and other communications regarding the Website or products and services offered by us should be directed to info@topcoatpaintingjax.com.
  11. Copyright Policy. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our Copyright Agent a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and primary email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may file a notice of infringement with our designated Copyright Agent.

It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our copyright agent can be reached at info@topcoatpaintingjax.com.

Upon receipt of a proper DMCA notice of infringement, we may promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”