Terms and Conditions
This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions at benmoorelink.com. These Terms & Conditions were last updated on March 7, 2011.
1. BENJAMIN MOORE& CO. LINK PROGRAM SERVICES. At Benjamin Moore & Co. (“Benjamin Moore”) we are committed to making your LINK Program experience a positive one. Upon entering your information and the request for which you would like a LINK participant, we will provide you with a list of LINK participants in your area, if any, who may be interested in fulfilling your need.
However, we do not guarantee that we will be able to match your needs with a LINK participant or that there are LINK participants in your area that either are capable or willing to complete your needs. Although we take certain steps to examine the credentials of our LINK participants, we make no guarantees or representations regarding the skills or representations of such LINK participants or the quality of the job that he or she may perform for you if you elect to retain their services. Benjamin Moore does not endorse or recommend the services of any particular LINK participant. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a LINK participant, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The LINK participants are not employees or agents of Benjamin Moore, nor is Benjamin Moore an agent of the LINK participants. Benjamin Moore does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with LINK participants are governed by the terms of such contracts and by applicable federal, state, and local laws. Should you have a dispute with any LINK participant, you must address such dispute with the LINK participant, AND YOU HEREBY AGREE TO RELEASE BENJAMIN MOORE & CO. (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR RETAILERS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH LINK PARTICIPANTS.
2. INFORMATION YOU PROVIDE TO US. Upon using the LINK Program services, you will be prompted to disclose certain information about yourself and your requirements. Some of this information will be sent to LINK participants who will need this information to respond to you. By providing this information to us, or by submitting a request, you are requesting, and you expressly consent to being contacted by us and by our LINK participants via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your request and our business. For complete details on our use of your information, please see our Privacy Statement. You agree that by completing a service request, you are entering into a business relationship with Benjamin Moore and its LINK participants and thus agree to be contacted by Benjamin Moore and/or its LINK participants. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Benjamin Moore has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Benjamin Moore has the right to refuse any current or future use of the LINK Program services (or any portion thereof) by you.
3. YOUR USE OF THE LINK PROGRAM SERVICES. You acknowledge and agree that your use of the LINK Program services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the LINK Program Web site, including but not limited to LINK participant profiles, screening information, and Ratings & Reviews (including any ratings and reviews or other content submitted by you), is the sole and exclusive property of Benjamin Moore, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Benjamin Moore for any such damages, and will indemnify Benjamin Moore in the event of any third party claims against Benjamin Moore based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the LINK Program Web site and services at any time. All information about LINK participants is confidential and for your personal use only. If it is determined or suspected by Benjamin Moore in its sole discretion that you are misusing or attempting to misuse or circumvent the LINK Program services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Benjamin Moore reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO BENJAMIN MOORE AND ITS LINK PARTICIPANTS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO BENJAMIN MOORE AND EACH LINK PARTICIPANT WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF BENJAMIN MOORE AND EACH OF THE AFFECTED LINK PARTICIPANTS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS ANY ATTORNEYS FEES, COST AND EXPENSES RELATING THERETO.
4. LINK PARTICIPANT PRE-SCREENING PROCEDURES AND DISCLAIMERS. Benjamin Moore uses the following criteria as part of its registration enrollment process ("registration") for new LINK participants applying for membership in our network:
Licensing – Benjamin Moore confirms at the time of a LINK participants registration, that a prospective new LINK participant has all applicable required state-level or local-level trade licensing. We always recommend that you ask any business to provide you with a copy of their license.
Insurance - Benjamin Moore confirms LINK participants have insurance coverage that meets or exceeds the following guidelines at the time of their registration with the LINK Program.
· General liability coverage - $1,000,000
· Auto liability - $500,000 for painters, $300,000 for color consultants
· Workers Compensation where there are employees
NOTE: LINK participant information confirmed at the time of enrollment as described above may change or expire over time; while Benjamin Moore attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the LINK Program, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service professional you verify that information presented in the service professional's profile is still current and/or acceptable to you.
Service Professionals Profiles: Benjamin Moore allows LINK participants to post profiles about themselves and their business on the LINK Program Web site. Benjamin Moore does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional.
The above procedures may change from time to time at the sole discretion of Benjamin Moore. Benjamin Moore believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that LINK participants are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance at the time of registration, during the period they are LINK participants, or thereafter. As circumstances can change daily, Benjamin Moore advises consumers to check these matters for themselves especially at future dates. Benjamin Moore does not represent or warrant that the information received from state, local or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Benjamin Moore checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: BENJAMIN MOORE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING OR VERIFICATION PROCESSES, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING OR VERIFICATION PROCESSES OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCESSES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCESSES IS ACCURATE, TRUTHFUL, TIMELY OR ERROR FREE.
5. SUBMITTING RATINGS & REVIEWS ON LINK PROGRAM WEB SITE Benjamin Moore reserves the right, but not the obligation, to refuse to post or to remove any Review if Benjamin Moore determines (in its sole discretion) that it contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
1. References to illegal activity.
2. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
3. Language that violates the standards of good taste or the standards of this Site.
4. Comments concerning a different LINK participant
5. Information not related to work requested in the service request.
6. Statements that are or appear to be false.
7. Comments that disparage Benjamin Moore.
Further, the reviewer must provide permission to Benjamin Moore to contact the LINK participant about his or her work. If a dispute arises between a reviewer and a LINK participant, the rating submitted may be held in pending status until resolution is reached.
Ratings & Reviews are not endorsed by Benjamin Moore. All Ratings and Reviews of a LINK participant displayed on the LINK Program Web site reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Benjamin Moore. Benjamin Moore disclaims any and all representations or warranties with regard to the Ratings and Reviews.
Reviews do not reflect the views of Benjamin Moore, its subsidiaries or affiliated companies, or their employees, officers, directors, or shareholders.
Benjamin Moore does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the LINK Program Web Site or the materials contained therein.
6. INDEMNIFICATION. YOU AGREE TO INDEMNIFY BENJAMIN MOORE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND RETAILERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE LINK PROGRAM SERVICES OR IN CONNECTION WITH THE LINK PROGRAM WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
7. GENERAL PROVISIONS. You acknowledge and agree that the LINK Program services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Benjamin Moore’s sole obligation to you or any third party for any claim arising out of your use of the LINK Program services or the LINK Program Web site, is that you are free to discontinue your use of the LINK Program services or the LINK Program Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BENJAMIN MOORE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT BENJAMIN MOORE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF BENJAMIN MOORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Benjamin Moore’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Benjamin Moore to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the LINK Program services, the LINK Program Web site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey and between New Jersey residents. You agree to submit to juisdiction in New Jersey and that any claim arising out of or related to these Terms and Condistions will be brought solely in a court in Bergen County, New Jersey.