PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. PROVISION EPOXY CUSTOM COATINGS (“PROVISION EPOXY CUSTOM COATINGS”/“WE”/“US ”/“OUR”) OWNS OPERATES THE WEBSITE LOCATED AT HTTPS://PROVISIONEPOXY.COM/ (THE “WEBSITE”) AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME. THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE “TERMS OF SERVICE”) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. THE WEBSITE, THE CLIENTHUB, A2P MESSAGING SERVICES, KNOWN HEREIN AS PROVISION SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” BY PROVISION EPOXY CUSTOM COATING.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE. BY ACCESSING, BROWSING, AND USING PROVISION SERVICES YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER US LAW BETWEEN YOU AND PROVISION EPOXY CUSTOM COATINGS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE PROVISION SERVICES OR THE WEBSITE.

PLEASE BE AWARE THAT SECTION 18 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF PROVISION SERVICES BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF FLORIDA, USA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. EACH OF THE PARTIES HEREBY ATTORNS TO THE EXCLUSIVE JURISDICTION OF THE PROVINCIAL AND FEDERAL COURTS LOCATED IN THE STATE OF FLORIDA WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY PROVISION EPOXY CUSTOM COATINGS IN ITS SOLE DISCRETION AT ANY TIME. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Website. When material changes are made, PROVISION EPOXY CUSTOM COATINGS will also update the “Last Updated” date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service and any new terms governing new features, functionality, or services will become effective on the date the change is posted. Any material changes to the Terms of Service will be effective: (i) immediately if you are a new user of PROVISION SERVICES; and (ii) if you are an existing user of PROVISION SERVICES, upon the earlier of (a) thirty (30) days after notice is provided of such changes, which notice may be provided on the Website for existing users, or (b) your acceptance of the updated Terms of Service. PROVISION EPOXY CUSTOM COATINGS may require you to provide written consent to the updated Terms of Service in a specified manner before further use of PROVISION SERVICES is permitted. If you do not agree to any change(s) after receiving a notice of such change(s) or otherwise do not agree with these Terms of Service, you shall stop using PROVISION SERVICES. Otherwise, your continued use of PROVISION SERVICES constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. A2P MESSAGING SERVICES.

1. PROVISION EPOXY CUSTOM COATINGS provides (Application-to-Person) A2P messaging services, which include but are not limited to notifications, alerts, and marketing communications via SMS and MMS. The software and related technology required to run the Service is provided by PROVISION EPOXY CUSTOM COATINGS and its third-party vendors and hosting partners.
2. Your Privacy. We respect the privacy of our users. For more information please see our Privacy Policy, located at Privacy-Policy. By using the Website, the ClientHub, and/or the A2P messaging services, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.
3. Compliance and Regulations. Our A2P messaging services complies with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) and data protection laws. Users must consent to receive messages from Lynx Coating LLC as part of our service offerings.
4. User Obligations. Users must provide accurate and current information for all A2P messaging services and are responsible for ensuring that their use of our services does not infringe on the rights of third parties or violate any applicable laws.
5. Service Availability. Provision Epoxy Custom Coatings strives to ensure the availability of its A2P messaging services but does not guarantee uninterrupted service. Maintenance, network conditions, or other factors may impact service availability.
6. Additional Terms. Your use of PROVISION SERVICES is subject to all additional terms, policies, rules, product documentation, published materials, or guidelines applicable to PROVISION SERVICES (or certain features and/or functionality thereof) that we may post on or link to from PROVISION SERVICES (the “Additional Terms”). All such terms are hereby incorporated by reference into these Terms of Service, and may be amended from time to time by us. In the event that any Additional Terms are inconsistent with the Terms of Service, those Additional Terms will govern.

2. ClientHub.

1. Generally. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process and access certain features of the ClientHub. If you choose to PROVISION SERVICES, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by PROVISION SERVICES registration form. Any personal information provided by you as part of the sign-up process for PROVISION SERVICES will be used and stored in accordance with the PROVISION EPOXY CUSTOM COATINGS Privacy Policy.
2. Account Ownership. If you register for PROVISION SERVICES on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of PROVISION EPOXY CUSTOM COATINGS. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or any other information that PROVISION EPOXY CUSTOM COATINGS may reasonably request in its discretion. PROVISION EPOXY CUSTOM COATINGS retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, PROVISION EPOXY CUSTOM COATINGS reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

3. ESTIMATES, FEES, PAYMENTS, REFUNDS, CANCELLATIONS.

1. Estimates. All estimates provided by PROVISIONS EPOXY CUSTOM COATINGS are based on the information available at the time of the estimate. Estimates are subject to change if additional information becomes available or if the scope of work changes. We strive to provide accurate estimates, but they are not binding quotes. Clients are encouraged to provide detailed information to ensure accuracy. Should there be any significant changes in the project scope, timeline, or requirements, a revised estimate will be issued. Notice Verbal estimates are not considered final and must be confirmed in writing. Any discrepancies or questions regarding the estimate should be addressed before commencing work.
2. Fees. The fees for services provided by [Your Company Name] will be outlined in the service agreement or contract. All fees are subject to applicable taxes, levies, or duties imposed by taxing authorities. Any additional services requested by the client that are not included in the initial agreement may incur additional fees. We strive for transparency in our fee structure, reflecting the quality and scope of services provided. Any adjustments to fees due to changes in project scope will be communicated and agreed upon in writing before proceeding. Fees are non-refundable, and there will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.
3. Payments. Payments for services are due as specified in the service agreement. PROVISION EPOXY CUSTOM COATINGS accepts various forms of payment including credit cards, bank transfers, and other payment methods as outlined on our website. Late payments may incur additional charges or interest as specified in the service agreement. We offer several payment plans to accommodate different client needs. Full payment details, including due dates and accepted payment methods, will be clearly stated in the service agreement. In the event of late payment, services may be suspended until the outstanding balance is settled. Continuous non-payment may lead to termination of the contract and possible legal action to recover dues. If you dispute any charges, you must notify PROVISION EPOXY CUSTOM COATINGS within sixty (60) days after the date that the charge was incurred, or within such longer period of time as required under applicable law.
4. Refunds. Refunds for services will be handled in accordance with our refund policy. If you are not satisfied with our services, please contact us within [30 days] to request a refund. Refunds will be issued at the discretion of PROVISION EPOXY CUSTOM COATINGS based on the nature of the complaint and the terms outlined in the service agreement. Refund requests are reviewed on a case-by-case basis. Depending on the situation, a full refund, partial refund, or an alternative solution such as redoing the service may be offered. Refunds are processed within [90 Days] of approval. Refunds for credit card payments may take additional time to appear on your statement.
5. Down Payments. Some services may require a down payment prior to the commencement of work. The amount and terms of the down payment will be specified in the service agreement. Down payments are typically non-refundable unless otherwise specified in the agreement. Down payments demonstrate a commitment to the project and enable resource allocation. The specific amount required will depend on the scope and scale of the project. Conditions and processes for refunding down payments, if applicable, will be clearly outlined in the service agreement. Clients should review these terms carefully before making a down payment.
6. Cancellations. If you cancel PROVISION SERVICES before the end of your current paid billing cycle, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect, and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
7. Collection Costs. You are liable for all costs we incur to collect any amounts you owe under these Terms of Services, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
8. Credits. PROVISION EPOXY CUSTOM COATINGS may, in its sole discretion, offer credits (“Credits”) to its Users for promotional or other purposes. Credits may only be redeemed for purchases of Services and may not be applied to any previous purchase. Credits are non-transferable, non-refundable, and may not be redeemed for cash. A User’s Credits will expire and will no longer be available on the later of: the date expressed in connection with the promotion (which may be canceled or discontinued in accordance with this section), the date such User terminates their subscription with PROVISION EPOXY CUSTOM COATINGS, or twelve (12) months from the date the Credits are posted in such User’s account. PROVISION EPOXY CUSTOM COATINGS reserves the right to terminate, discontinue, or cancel any promotions under which Credits were issued at any time and in its sole discretion without notice to you.

4. CONTENT.

1. User Content and Other Materials. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted to PROVISION SERVICES by viewers or users including certain personal information (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant to PROVISION EPOXY CUSTOM COATINGS that you have the necessary rights under applicable law or have obtained the necessary consents from each end user whose personal information is provided by you to PROVISION EPOXY CUSTOM COATINGS in order to allow PROVISION EPOXY CUSTOM COATINGS to use, disclose, and otherwise process such personal information for the purposes described in our Privacy Policy. More generally, responsibility for User Content means that the viewer or user, and not PROVISION EPOXY CUSTOM COATINGS, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. PROVISION EPOXY CUSTOM COATINGS does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will PROVISION EPOXY CUSTOM COATINGS be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available via the Service. You acknowledge that PROVISION EPOXY CUSTOM COATINGS does not pre-screen any such materials, but that PROVISION EPOXY CUSTOM COATINGS and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any materials that are available via the Service. In the case of Employee Users, the Account Owner is ultimately responsible for the User Content transmitted by its Employee Users to PROVISION SERVICES.
2. Service Content. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by PROVISION EPOXY CUSTOM COATINGS, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service Content other than as specifically authorized herein is strictly prohibited.
3. Copyright Complaints. PROVISION EPOXY CUSTOM COATINGS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PROVISION EPOXY CUSTOM COATINGS of your infringement claim in accordance with the procedure set forth here:

5. RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES.

1. Restrictions Generally. PROVISION EPOXY CUSTOM COATINGS reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. In using PROVISION SERVICES you shall not:
   
   
   1. copy any content unless expressly permitted to do so herein;
   2. upload, post, email, transmit, or otherwise make available any material that:
      
      
      1. is or may be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      2. you do not have a right to make available under any law or under a contractual relationship;
      3. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
      4. use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      5. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of PROVISION SERVICES or that compromises a user’s privacy;
      6. contains any falsehoods or misrepresentations or create an impression that you know or ought to know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
      7. poses or creates a privacy or security risk to any person; or
      8. in the sole judgment of PROVISION EPOXY CUSTOM COATINGS, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose PROVISION EPOXY CUSTOM COATINGS or its users to any harm or liability of any type;
      
      
   3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through PROVISION SERVICES or impersonate another person or organization;
   5. interfere with or disrupt PROVISION SERVICES or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies, or regulations of networks connected to PROVISION SERVICES or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
   6. intentionally or unintentionally violate any applicable local, state/provincial, national, or international law or regulation;
   7. collect or store personal information about other users or viewers, including, for clarity, any payment data, except where the Service is clearly intended and designed for collection and/or storage of such information;
   8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit PROVISION SERVICES;
   9. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, de-compile, reverse compile, modify, or reverse engineer any part of PROVISION SERVICES or any software provided as part of the Service or to falsely imply that another website is associated with the Service, PROVISION EPOXY CUSTOM COATINGS, or any other PROVISION EPOXY CUSTOM COATINGS service, except to the extent the foregoing restrictions are expressly permitted by applicable law;
   10. solicit personal information from anyone under the age of 18;
   11. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
   12. advertise or offer to sell or buy any goods or services for any business purpose that is not authorized;
   13. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
   14. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
   15. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; or
   16. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
       
       If you are blocked by PROVISION EPOXY CUSTOM COATINGS from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
2. Acceptable Use. You agree to comply with all applicable laws in connection with the use of the Services, including the provision of any personal information and other Content to PROVISION EPOXY CUSTOM COATINGS. You also agree not to access PROVISION SERVICES in a manner that utilizes the resources of PROVISION SERVICES more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by PROVISION EPOXY CUSTOM COATINGS) of other PROVISION EPOXY CUSTOM COATINGS customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.
3. Competitors. No employee, independent contractor, agent, or affiliate of any company providing job tracking and customer management software services for home service businesses is permitted to view, access, or use any portion of PROVISION SERVICES without express written permission from PROVISION EPOXY CUSTOM COATINGS. By viewing, using, or accessing PROVISION SERVICES, you represent and warrant that you are not a competitor of PROVISION EPOXY CUSTOM COATINGS or any of its affiliates, or acting on behalf of a competitor of PROVISION EPOXY CUSTOM COATINGS in using or accessing PROVISION SERVICES.
4. General Practices Regarding Use and Storage. You acknowledge that PROVISION EPOXY CUSTOM COATINGS may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by PROVISION SERVICES and the maximum storage space that will be allotted on PROVISION EPOXY CUSTOM COATINGS’s or its third-party service providers’ servers on your behalf. You agree that PROVISION EPOXY CUSTOM COATINGS has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that PROVISION EPOXY CUSTOM COATINGS reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PROVISION EPOXY CUSTOM COATINGS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. LICENSE OF CONTENT TO PROVISION EPOXY CUSTOM COATINGS.

By submitting, posting, or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content: (a) to the extent necessary to provide the Service; (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use PROVISION EPOXY CUSTOM COATINGS; and (c) otherwise use de-identified User Content for the purpose of improving PROVISION SERVICES. PROVISION EPOXY CUSTOM COATINGS will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.

7. END USER LICENSE.

1. End User License. PROVISION SERVICES and the information and materials contained therein (except for User Content), are the property of PROVISION EPOXY CUSTOM COATINGS and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, PROVISION EPOXY CUSTOM COATINGS grants you a non-transferable, non-exclusive, revocable license to use PROVISION SERVICES for your use.

8. FEEDBACK; SERVICE COMPLAINTS.

If you provide PROVISION EPOXY CUSTOM COATINGS with any suggestions, comments (including, without limitation, endorsements, reviews, and testimonials), or other feedback relating to any aspect of the Website, the App, and/or Service (“Feedback”), PROVISION EPOXY CUSTOM COATINGS may use such Feedback in any way it reasonably determines appropriate, which may include modifying and improving PROVISION SERVICES, PROVISION EPOXY CUSTOM COATINGS’s other current and future services and products, and/or PROVISION EPOXY CUSTOM COATINGS’s advertising or marketing materials (collectively, “PROVISION EPOXY CUSTOM COATINGS Offerings”). Accordingly, you agree that: (a) PROVISION EPOXY CUSTOM COATINGS is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to PROVISION EPOXY CUSTOM COATINGS; (c) PROVISION EPOXY CUSTOM COATINGS (including all of its successors and assigns and any successors and assigns of any of the PROVISION EPOXY CUSTOM COATINGS Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any PROVISION EPOXY CUSTOM COATINGS Offerings; and (d) you are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.

You agree to cooperate with PROVISION EPOXY CUSTOM COATINGS in conducting reasonable due diligence into any complaint that you or your customers receive relating to the Service (including performance of any components of the Service such as the account security and fraud prevention tools) and you agree that you will cooperate with PROVISION EPOXY CUSTOM COATINGS to ensure appropriate action is taken in response to such complaints where necessary.

9. LINKS; ADVERTISEMENTS; THIRD-PARTY INTEGRATIONS; CONTESTS.

The Website (including User Content) may contain links to other websites that are not owned or controlled by PROVISION EPOXY CUSTOM COATINGS or may make it possible for you to elect to use third-party services with the Service where such third-party service providers have integrated with the Service (“Third-Party Integration Partners”). Third-Party Integration Partner products and services may also be made available to you directly from PROVISION EPOXY CUSTOM COATINGS. In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by PROVISION EPOXY CUSTOM COATINGS of that third party, third-party product or service. PROVISION EPOXY CUSTOM COATINGS is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third-parties including Third-Party Integration Partners. In order to receive access to a Third-Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third-Party Integration Partner. For certain services offered by Third-Party Integration Partners, you will be required to pay a fee to PROVISION EPOXY CUSTOM COATINGS to turn on the third-party service. Any third-party websites or services (including those offered by Third-Party Integration Partners) are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that PROVISION EPOXY CUSTOM COATINGS endorses or accepts any responsibility for the content or use of such websites, and you hereby release PROVISION EPOXY CUSTOM COATINGS from all liability and damages that may arise from your use of such websites or receipt of services from any such websites. While PROVISION EPOXY CUSTOM COATINGS does not prohibit linking to third-party websites and content, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any of the prohibited content in Section 7 of these Terms of Service. PROVISION EPOXY CUSTOM COATINGS reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

PROVISION EPOXY CUSTOM COATINGS may from time to time offer promotions, sweepstakes, giveaways, and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.

You acknowledge and agree that the Website and ClientHub may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website or Client, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that PROVISION EPOXY CUSTOM COATINGS shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.SERVICES

10. DISCLAIMERS.

PROVISION SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND PROVISION EPOXY CUSTOM COATINGS DOES NOT WARRANT THAT PROVISION SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT PROVISION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF PROVISION SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN PROVISION SERVICES WILL BE CORRECTED. IN ADDITION, PROVISION EPOXY CUSTOM COATINGS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PROVISION SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. PROVISION EPOXY CUSTOM COATINGS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD-PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND PROVISION EPOXY CUSTOM COATINGS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD-PARTY. PROVISION EPOXY CUSTOM COATINGS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

11. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL PROVISION EPOXY CUSTOM COATINGS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE PROVISION SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF PROVISION SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF PROVISION EPOXY CUSTOM COATINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROVISION EPOXY CUSTOM COATINGS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE AMOUNTS YOU’VE PAID PROVISION EPOXY CUSTOM COATINGS IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMERS”, AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

12. INDEMNIFICATION.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD PROVISION EPOXY CUSTOM COATINGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “PROVISION EPOXY CUSTOM COATINGS PARTIES”) HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH PROVISION SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD-PARTY, OR ANY APPLICABLE LAW OR REGULATION. PROVISION EPOXY CUSTOM COATINGS will provide notice to you of any such claim, suit, or proceeding. PROVISION EPOXY CUSTOM COATINGS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision, and you agree to cooperate with any reasonable requests assisting PROVISION EPOXY CUSTOM COATINGS’s defense of such matter. You may not settle or compromise any claim against the PROVISION EPOXY CUSTOM COATINGS Parties without PROVISION EPOXY CUSTOM COATINGS’s written consent. This provision does not require you to indemnify PROVISION EPOXY CUSTOM COATINGS for any unconscionable commercial practice by PROVISION EPOXY CUSTOM COATINGS or for PROVISION EPOXY CUSTOM COATINGS’s fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the Website or any Services provided hereunder.

13. TERMINATION.

PROVISION EPOXY CUSTOM COATINGS may, under certain circumstances and without prior notice, immediately terminate your ability to access PROVISION SERVICES or portions thereof. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service or any other agreement that you may have with PROVISION EPOXY CUSTOM COATINGS (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by you to PROVISION EPOXY CUSTOM COATINGS), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security, or legal issues or problems, (f) actual or suspected participation by you, directly or indirectly, in fraudulent or illegal activities, or (g) verbal, physical, written, or other abuse (including threats of abuse or retribution) of any PROVISION EPOXY CUSTOM COATINGS customer, employee, member, or officer. Termination of your access to PROVISION SERVICES may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by PROVISION EPOXY CUSTOM COATINGS in its sole discretion and that PROVISION EPOXY CUSTOM COATINGS shall not be liable to you or any third party for any termination of your access to PROVISION SERVICES or for the removal of any of the materials uploaded by you to PROVISION SERVICES. Any termination of these Terms of Service by PROVISION EPOXY CUSTOM COATINGS shall be in addition to any and all other rights and remedies that PROVISION EPOXY CUSTOM COATINGS may have.

14. AVAILABILITY AND UPDATES.

PROVISION EPOXY CUSTOM COATINGS may alter, suspend, or discontinue PROVISION SERVICES at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website, App, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. PROVISION EPOXY CUSTOM COATINGS may periodically add or update the information and materials on the Website, App, and/or Service without notice. You may need to update third-party software from time to time in order to use the Website, App, and/or Service.

15. SECURITY.

1. Security Generally. PROVISION EPOXY CUSTOM COATINGS maintains a security program with appropriate administrative, technical, organizational, and physical security measures designed to protect your Content against unauthorized access, disclosure, and loss. However, information sent or received over the internet is generally insecure and PROVISION EPOXY CUSTOM COATINGS cannot and does not make any representation or warranty concerning security of any communication to or from PROVISION SERVICES or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for creating and keeping secure a strong password that you use to access the Service and you are responsible for any activities or actions under the account protected by your password. It is recommended that the password you use to access your account is unique to PROVISION EPOXY CUSTOM COATINGS. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur. User accounts are intended for one user only and are not to be shared by multiple users. PROVISION EPOXY CUSTOM COATINGS will not be liable for any loss or damage arising from your failure to comply with these requirements.
2. Account Security and Fraud Prevention. PROVISION EPOXY CUSTOM COATINGS utilizes third-party fraud prediction and detection services to help identify potential threats such as unauthorized account access and fraudulent transactions. These services are further described in the Security Service Terms which form an integral part of this Agreement and certain aspects of these services as they relate to personal information may also be found in our Privacy Policy.

16. CONFIDENTIALITY.

1. “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Service, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information, and any other non-public content posted, transmitted or accessed through the Service (including, for the avoidance of any doubt, any Beta Services). A Receiving Party shall: (a) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees, agents, and subcontractors that require such access and use in connection with such party’s obligations hereunder, who each treat such Confidential Information as provided in this Section, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained in this Section; (b) not disclose Disclosing Party’s Confidential Information to third parties (except those partners or third party service providers used by us to provide some or all elements of the Service and who are bound by duties of confidentiality), unless authorized under this Section; (c) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (d) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order. In the event that PROVISION EPOXY CUSTOM COATINGS receives a request or order to release your Confidential Information, we can comply with the same without your consent. We may notify you of this matter to the extent not prohibited by law or the applicable order or unless we deem, in our sole discretion, that notification could be prejudicial and/or might create or further cause injury or harm to persons or property, and subject to Section 16(b).

17. RESPONSES TO LAW ENFORCEMENT.

PROVISION EPOXY CUSTOM COATINGS will respond to all valid legal requests to the extent permitted by our Terms of Service and Privacy Policy and US law. Please see our policy on responding to law enforcement requests here Response to Law Enforcement for further information.

Please note that due to the time consuming and costly nature of addressing disclosure requests, we reserve the right to charge users, on a time and materials basis, for PROVISION EPOXY CUSTOM COATINGS’s efforts taken in response to law enforcement requests initiated either at a user’s request or where compelled to comply with court orders, subpoenas and other valid requests in respect of a user’s account.

18. DISPUTE RESOLUTION.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with PROVISION EPOXY CUSTOM COATINGS and limits the manner in which you can seek relief from us.

1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of PROVISION SERVICES, to any products sold or distributed through PROVISION SERVICES, or to any aspect of your relationship with PROVISION EPOXY CUSTOM COATINGS, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or PROVISION EPOXY CUSTOM COATINGS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
2. Pre-Arbitration Dispute Resolution. PROVISION EPOXY CUSTOM COATINGS is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to PROVISION EPOXY CUSTOM COATINGS should be sent to Octopusapp Inc. dba PROVISION EPOXY CUSTOM COATINGS at [address protected] with a copy to [email protected]. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If PROVISION EPOXY CUSTOM COATINGS and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or PROVISION EPOXY CUSTOM COATINGS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PROVISION EPOXY CUSTOM COATINGS or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PROVISION EPOXY CUSTOM COATINGS is entitled.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and PROVISION EPOXY CUSTOM COATINGS. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. YOU AND PROVISION EPOXY CUSTOM COATINGS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PROVISION EPOXY CUSTOM COATINGS are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.
6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: [address protected], within 30 days after first becoming subject to this Arbitration Agreement and by email to PROVISION EPOXY CUSTOM COATINGS at [email protected]. Your notice must include your name and address, your PROVISION EPOXY CUSTOM COATINGS username (if any), the email address you used to set up your PROVISION EPOXY CUSTOM COATINGS account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. Except as provided in subsection 18(g), if any part or parts of this Arbitration Agreement (other than the subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with PROVISION EPOXY CUSTOM COATINGS.
9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if PROVISION EPOXY CUSTOM COATINGS makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing PROVISION EPOXY CUSTOM COATINGS at the following address: [address protected]. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
10. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

19. USER DISPUTES.

You agree that you are solely responsible for your interactions with any other user in connection with PROVISION SERVICES, and PROVISION EPOXY CUSTOM COATINGS will have no liability or responsibility with respect thereto. PROVISION EPOXY CUSTOM COATINGS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of Provision Services.

20. GENERAL TERMS.

These Terms of Service, together with the PROVISION EPOXY CUSTOM COATINGS Privacy Policy (and related jurisdiction-specific privacy notices), the PROVISION EPOXY CUSTOM COATINGS Payments Terms of Service, and any other documents or guidelines incorporated by reference into these Terms of Service, constitute the entire agreement between the parties relating to the PROVISION SERVICES and all related activities. These Terms of Service shall not be modified except by a new posting of these Terms of Service issued by PROVISION EPOXY CUSTOM COATINGS. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of PROVISION EPOXY CUSTOM COATINGS to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by PROVISION EPOXY CUSTOM COATINGS must be in writing and shall only apply to the specific instance identified in such writing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of PROVISION SERVICES or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without PROVISION EPOXY CUSTOM COATINGS’s prior written consent. We may assign these Terms of Service without restriction. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. PROVISION SERVICES may also provide notices to you by displaying notices or links to notices generally on PROVISION SERVICES. PROVISION EPOXY CUSTOM COATINGS will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond PROVISION EPOXY CUSTOM COATINGS’s reasonable control. If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to PROVISION SERVICES, please contact us at: [email protected].