TERMS OF SERVICE
Welcome! These Terms of Service, which incorporate by reference our Privacy Policy (collectively, the “Terms” or “Agreement”) are a legal contract between you (“you” or “your”) and PainTech (“Company,” “we,” “our,” or “us”) governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions outlining the automatically renewing PainTech VIP Membership subscription and provisions that require arbitration of individual claims and limit your potential remedies.
1. PainTech AND SUBSCRIPTION TERMS
PainTech Company offers a subscription membership (the “PainTech VIP Membership”), which provides access to premium discounts, exclusive offers, a 100% price-match guarantee (which you may submit to us by email or phone for an identical item), and free shipping, according to these Terms and as displayed to you at the time you enrolled. Company may change PainTech promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
14-Day Free Trial & Automatic Billing
Enrollment in the PainTech VIP Membership requires your affirmative opt-in at checkout. The membership option is not pre-selected by default, and you must actively choose it to enroll.
When you sign up for the PainTech VIP Membership, you will receive a 14-day free trial. During this trial period, you will not be charged the membership fee. However, you must provide valid payment information at checkout, and unless canceled before the trial ends, your payment method will be charged as described below.
Charges and Automatic Renewals. On the day after your free trial ends, your credit card or other payment method on file will be charged the PainTech VIP Membership fees of $29.99 USD (exclusive of taxes) without obtaining your further confirmation. Further, your PainTech VIP Membership membership will automatically renew each billing period of 30 days, and you will be charged $29.99 USD (exclusive of taxes) every 30 days, until you cancel.
A confirmation email will be sent after your enrollment, summarizing your membership terms, billing details, and cancellation instructions.
Cancellation.
If you do not want to continue the PainTech VIP Membership or if you wish to cancel the PainTech VIP Membership at any time, you may do so by filling out the cancel membership form on our Website, by emailing us at support@paintech.com, or by calling us at +1 (513) 229-9472
at least 3 days before the next billing period with your full name and the email and physical address associated with your use of the Service. Your failure to cancel or your continued use of the PainTech VIP Membership membership reaffirms that Company is authorized to charge you for, and you are responsible for paying, all PainTech VIP Membership fees.
Payment Methods.
By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay, or otherwise, you warrant that you are authorized to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and PainTech membership may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.
*Refunds.*
We stand behind the quality of our physical products and offer a *30-day money-back guarantee* on all eligible items. If you are not satisfied with your purchase, you may request a return or exchange within 30 days of delivery. To be eligible for a refund, products must be returned in their original packaging, and accompanied by proof of purchase.
Refunds apply only to physical products and *do not apply to PainTech VIP Membership fees, which are **non-refundable*, unless otherwise stated at checkout or required by applicable law.
We reserve the right to approve or deny refund requests at our sole discretion. Exceptions may be made in cases of damaged goods, fulfillment errors, or other valid concerns.
If you believe you’ve received a defective product or were charged in error, please contact us promptly using the contact information below. We’re committed to resolving issues in a fair and timely manner.
Approval of any return or refund does not modify or waive the terms of this agreement.
2. DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Nevada without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Nevada (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought only on an individual basis, and not as part of any class, collective, or representative action, in the forum where you reside.
We’re committed to resolving disputes fairly and efficiently. If you have an issue with your experience, please contact us before pursuing arbitration so we can try to work things out.
Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
3. DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. Company does not guarantee specific results from the use of its products or services, and individual outcomes may vary.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
4. ASSUMPTION OF RISK
You understand and agree that you are using the PainTech website, products, and services at your own discretion and risk. You knowingly and voluntarily assume all risks associated with your use of the Service.
To the fullest extent permitted by law, you, on behalf of yourself, your heirs, personal representatives, and assigns, agree to release, waive, discharge, hold harmless, and indemnify PainTech, LLC and its affiliates, employees, officers, directors, contractors, agents, successors, and assigns from any and all claims, actions, damages, or losses — including but not limited to bodily injury, property damage, wrongful death, emotional distress, or loss of privacy — that may result from or relate to your access to or use of the Service, whether such harm is to you or to others.
5. MODIFICATION & TERMINATION
Modification. We may update or revise this Agreement, including our Privacy Policy, at any time by posting the revised version on our website or by notifying you through other reasonable means. It is your responsibility to review these Terms periodically. Your continued access to or use of the Service after any modifications are posted constitutes your acceptance of the updated Terms. Except as expressly stated above, this Agreement may only be modified by a written agreement signed by both you and PainTech.
Errors and Availability. The Service may contain errors, inaccuracies, or omissions, including with respect to product descriptions, pricing, availability, or promotional terms. We reserve the right to correct such errors at any time, and to cancel any orders arising from them, even after an order has been submitted or confirmed. We are not responsible for the accuracy or completeness of any content provided through the Service, and all content is offered for general informational purposes only. While we make reasonable efforts to display product information accurately, we cannot guarantee that your device’s display will be correct.
Termination. We may suspend or terminate your access to the Service, your account, or your PainTech VIP Membership at any time, for any reason or no reason, including but not limited to suspected violations of these Terms, our policies, or applicable laws. This may be done without prior notice or liability. You may terminate this Agreement at any time by ceasing use of the Service and, if applicable, by canceling your PainTech VIP Membership as outlined in Section 1.
The following Sections of this Agreement will survive any termination: Sections 2 (Dispute Resolution), 3 (Disclaimers & Limitation of Liability), 4 (Assumption of Risk), 5 (Modification & Termination), 8 (Intellectual Property), and 9 (Miscellaneous).
6. YOUR USE OF THE SERVICE
Eligibility.
You must be at least 18 years old and legally authorized to use the Service. If you are accessing the Service on behalf of a company or other entity, you represent that you have full authority to bind that entity to these Terms.
Account Information.
You agree to provide accurate, current, and complete information in connection with your account and to promptly update that information if it changes. You are solely responsible for maintaining the confidentiality of your login credentials and for any activity under your account. If you suspect unauthorized access, you must notify PainTech immediately. We reserve the right to suspend or terminate your account or PainTech VIP Membership for any violations of these Terms or applicable law.
License and Restrictions.
Subject to your compliance with this Agreement, PainTech grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and any products or content provided, solely for personal, non-commercial use. This license does not include any resale, redistribution, reverse engineering, or unauthorized use of the Service or any content. This license terminates immediately upon breach of these Terms.
Communications.
By providing your contact information or interacting with our site, you consent to receive transactional and marketing emails from us. You may unsubscribe from promotional messages at any time, but we may still send service-related communications (e.g. order confirmations, legal notices).
Prohibited Conduct.
You may not engage in any of the following, directly or indirectly:
Use the Service for any unlawful, fraudulent, or unauthorized purpose;
Resell, copy, scrape, or exploit any part of the Service or products;
Submit false or misleading information;
Impersonate another person or misrepresent affiliation;
Access content or systems you are not authorized to access;
Probe, scan, or test the security or vulnerability of the Service;
Disrupt the functionality of the Service (e.g. via malware or overload);
Attempt to modify, disassemble, or reverse engineer the Service.
Violation of this section may result in immediate suspension or termination of your access to the Service, and may also subject you to civil or criminal liability.
Indemnification.
You agree to defend, indemnify, and hold harmless PainTech and its officers, directors, employees, affiliates, and agents from and against all third-party claims, demands, losses, liabilities, and expenses (including attorney’s fees) arising from or related to your use of the Service, your account, or your violation of these Terms or applicable law.
7. THIRD PARTY SERVICES
The Service may contain links to or integrations with websites, tools, platforms, products, or services provided by third parties (“Third-Party Services”), some of which may be affiliated with PainTech and others which are not. These Third-Party Services are provided for convenience only. PainTech does not control, endorse, or make any representations or warranties regarding any Third-Party Services, including their accuracy, reliability, usefulness, legality, or content.
You acknowledge and agree that PainTech is not responsible for the availability, performance, or practices of Third-Party Services and is not liable for any loss or damage resulting from your access to or reliance on them. Your use of any Third-Party Services is entirely at your own risk and subject to the applicable third party’s terms, conditions, and privacy policies — not those of PainTech.
Even if we partner with or promote certain Third-Party Services, you agree that PainTech assumes no responsibility for their actions or content. To the fullest extent permitted by law, PainTech disclaims all liability arising from or related to your access to or use of any Third-Party Services.
8. INTELLECTUAL PROPERTY
All content and materials available through the Service, including but not limited to the PainTech name, logo, website(s), product images, videos, designs, marketing materials, taglines, product names, landing pages, customer-facing visuals, and any associated branding or proprietary technologies (collectively, the “Company IP”) are the sole property of PainTech or its licensors and suppliers.
Your use of the Service does not grant you any ownership, license, or other rights in or to the Company IP. All rights not expressly granted herein are reserved by PainTech.
You may not copy, reproduce, modify, reverse engineer, distribute, or otherwise exploit any part of the Company IP without prior written consent. Any goodwill derived from your use of the Company IP shall inure solely to the benefit of PainTech, and you agree not to challenge, or assist others in challenging, our ownership or rights in the Company IP.
We actively monitor and enforce our intellectual property rights and may pursue all legal remedies available in cases of infringement or misuse.
9. MISCELLANEOUS
This Agreement constitutes the entire agreement between you and PainTech regarding your use of the Service and supersedes all prior and contemporaneous agreements, proposals, communications, or representations, whether oral or written. The language of this Agreement shall be interpreted according to its fair meaning and not strictly for or against either party.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. This Agreement is severable.
No waiver of any term or condition, or of any breach, shall be deemed a continuing waiver of such term or any other term or breach. You may not assign or transfer any rights or obligations under this Agreement without prior written consent from PainTech. We may freely assign or transfer our rights and obligations under this Agreement.
This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. No joint venture, partnership, employment, or agency relationship is created between you and PainTech as a result of this Agreement or your use of the Service. Unless expressly stated otherwise, there are no third-party beneficiaries to this Agreement.
Section titles are for convenience only and have no legal effect. These Terms apply to the maximum extent permitted by applicable law. You may have other rights that vary depending on your jurisdiction. Any offer or promotion contained within the Service is void where prohibited.
*Force Majeure.*
Neither party shall be liable for any delay or failure to perform any obligation under this Agreement due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, labor disputes, power outages, internet failures, cyberattacks, government restrictions, sanctions, war, terrorism, or other force majeure events.
*Survival.*
The provisions of this Agreement that by their nature should survive termination — including but not limited to Sections 2 (Dispute Resolution), 3 (Limitation of Liability), 4 (Assumption of Risk), 5 (Termination), 7 (Third-Party Services), 8 (Intellectual Property), and 9 (Miscellaneous) — shall remain in full force and effect after termination of your account or use of the Service.
10. CONTACT US
Customer support inquiries and returns should be directed through the Contact Us form.