Terms of Use and Conditions

Last updated January 1st, 2024

Agreement between User and www.vistapaint.com

Welcome to www.vistapaint.com. The www.vistapaint.com website (the "Site") consists of various web pages operated by The Vista Paint Corporation ("Vista Paint"). www.vistapaint.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.vistapaint.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.vistapaint.com contains blog posts, media, and information regarding the painting industry.

It is meant to inform our customers about Vista Paint as a company, and to give them information on the products we manufacture and sell. We provide information on painting trends, and update our customers on news which is relevant to our company and industry as a whole.

Privacy
Your use of www.vistapaint.com is subject to Vista Paint's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.     

Electronic Communications
Visiting www.vistapaint.com or sending emails to Vista Paint constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under 18
Vista Paint does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use www.vistapaint.com only with permission of a parent or guardian.

Cancellation/Refund Policy  
Vista Paint recommends that customers read both usage and warning statements on product packaging PRIOR to use.

ALL SPECIAL ORDERED ITEMS ARE NON-REFUNDABLE AND NON-RETURNABLE  

RETURNS: All returns subject to inspection & refusal. No returns after 30 days from invoice date. No returns of custom colors, special orders, fabric, cut borders, or single rolls of wallpaper. All acceptable returns are subject to a restocking fee, plus freight charges. An invoice must accompany all returns.   

USE: Use of the items purchased constitutes acceptance by the buyer, of color and quality, subject only to the usual manufacturer warranties.

LIMITED WARRANTY: This product is guaranteed to give satisfactory performance if applied and used in accordance with the label instructions. Any liability shall be limited to a refund of the purchase price or replacement of this product. This warranty does not include labor or costs of labor for the application and/or installation of any product. All expressed and implied warranties are hereby disclaimed and excluded including all implied warranties of fitness for a particular use and merchantability. Vista Paint assumes no liability. Customers assume all risks for paint spills and damages incurred due to transport of product purchased.     

Links to Third Party Sites/Third Party Services  
www.vistapaint.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Vista Paint and Vista Paint is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vista Paint is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vista Paint of the site or any association with its operators.

Certain services made available via www.vistapaint.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.vistapaint.com domain, you hereby acknowledge and consent that Vista Paint may share such information and data with any third party with whom Vista Paint has a contractual relationship to provide the requested product, service or functionality on behalf of www.vistapaint.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.vistapaint.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vista Paint that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vista Paint or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vista Paint content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vista Paint and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vista Paint or our licensors except as expressly authorized by these Terms.     

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.     Vista Paint has no obligation to monitor the Communication Services. However, Vista Paint reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vista Paint reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Vista Paint reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vista Paint's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vista Paint does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vista Paint specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Vista Paint spokespersons, and their views do not necessarily reflect those of Vista Paint.     Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.vistapaint.com or Posted on Any Vista Paint Web Page
Vista Paint does not claim ownership of the materials you provide to www.vistapaint.com (including feedback and suggestions) or post, upload, input or submit to any Vista Paint Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vista Paint, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.     

No compensation will be paid with respect to the use of your Submission, as provided herein. Vista Paint is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vista Paint's sole discretion.     By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.     

International Users
The Service is controlled, operated and administered by Vista Paint from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vista Paint Content accessed through www.vistapaint.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Vista Paint, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vista Paint reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vista Paint in asserting any available defenses.     

Liability Disclaimer

IN MAINTAINING THIS WEBSITE, WE HAVE TRIED TO ENSURE THAT THE INFORMATION POSTED BY US IS ACCURATE, COMPLETE, AND CURRENT AS OF THE DATES INDICATED ON THE SCREENS. HOWEVER, WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT, THE SOFTWARE OR OPERATION OF THE SITE. YOU ACCESS AND USE THIS SITE AT YOUR OWN RISK. THE CONTENT AND SOFTWARE (INCLUDING ALL INFORMATION AVAILABLE ON OR THROUGH THE SITE) ARE PROVIDED “AS IS” AND WE ARE NOT RESPONSIBLE FOR ITS USE OR MISUSE. ACCESS TO THIS SITE FROM LOCATIONS WHERE THE CONTENT OR SOFTWARE MAY BE ILLEGAL IS PROHIBITED AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS. YOU ARE ALSO RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ASSURE THAT ANY MATERIAL YOU OBTAIN FROM THIS SITE IS FREE FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE DEVICES.

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING STATEMENTS, WE EXPLICITLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—PERTAINING TO THE SITE, CONTENT, AND SOFTWARE. THIS ENCOMPASSES ALL INFORMATION, SERVICES, AND, UNLESS ACCOMPANIED BY A WRITTEN WARRANTY FROM US, PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE. THESE DISCLAIMED WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO: 

(I) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON)

(II) NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS

(III) ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR SOFTWARE

(IV) PROPER OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OR OMISSIONS)

(V) PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY

(VI) THOSE ARISING FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

EXCLUSIONS STATED HEREIN MAY NOT BE APPLICABLE UNDER APPLICABLE LAW, AND CERTAIN IMPLIED WARRANTIES MAY NOT BE EXCLUDED. BEHR AND ITS AFFILIATES, ALONG WITH THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AND AGENTS DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE USE OF THE SITE OR THE SOFTWARE, NOR DO THEY GUARANTEE CORRECTION OF DEFECTS OR THE ABSENCE OF VIRUSES OR HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY FOR OBTAINING AND MAINTAINING ALL NECESSARY TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT FOR ACCESSING AND USING THE SITE AND ASSUME ALL ASSOCIATED CHARGES. FURTHERMORE, YOU BEAR ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT MADE BY BEHR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AGENTS, MEMBERS, OR VISITORS—WHETHER ON THE SITE, THE SOFTWARE, OR ELSEWHERE—SHALL CREATE ANY WARRANTY.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE VISTA PAINT CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Vista Paint reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vista Paint as a result of this agreement or use of the Site. Vista Paint's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vista Paint's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vista Paint with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vista Paint with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vista Paint with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Vista Paint reserves the right, in its sole discretion, to change the Terms under which www.vistapaint.com is offered. The most current version of the Terms will supersede all previous versions. Vista Paint encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Vista Paint welcomes your questions or comments regarding the Terms:

The Vista Paint Corporation
2020 E. Orangethorpe Ave
Fullerton, California 92831

Email Address:  www.vistapaint.com/contact