TERMS OF USE
Last Updated: April 20, 2026
Gwyn & Sons Painting | gwynandsons.com | Glenside, PA
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Gwyn & Sons Painting, operated under Arbuta Holdings LLC ("Company," "we," "us," or "our"), governing your access to and use of the website located at gwynandsons.com and all associated content, features, and services (collectively, the "Site").
BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. If you do not agree to these Terms, you must immediately discontinue use of the Site. We reserve the right to modify these Terms at any time, and your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
2. Eligibility
The Site is intended for use by individuals who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, that you will use the Site only for lawful purposes, and that all information you provide through the Site is accurate, current, and complete. We reserve the right to refuse service and terminate access to the Site for any user who violates these Terms or who we believe poses a risk to the Company or other users.
3. Description of Services
Gwyn & Sons Painting provides residential and commercial painting services throughout the Greater Philadelphia area, including Montgomery County and Delaware County, Pennsylvania. Our services include but are not limited to interior and exterior painting, surface preparation and priming, cabinet and trim painting, deck and fence staining, pressure washing, and related home beautification services.
The Site serves as an informational resource and lead generation platform. Information on the Site regarding services, pricing, and availability is provided for general informational purposes only and is subject to change without notice. Submission of a contact form, quote request, or any other inquiry through the Site does not constitute a binding contract for services. All service agreements are subject to a separate written or verbal agreement between the Company and the customer.
4. Intellectual Property Rights
All content on this Site, including but not limited to text, graphics, logos, photographs, images, audio clips, digital downloads, data compilations, and software, is the property of Gwyn & Sons Painting or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Gwyn & Sons Painting name, logo, crown mark, and all related names, logos, product and service names, designs, and slogans are trademarks of Gwyn & Sons Painting and Arbuta Holdings LLC. You may not use such marks without our prior written permission.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. This license does not include the right to: reproduce, modify, distribute, publicly display, or create derivative works from any Site content; use any data mining, robots, scraping, or similar data gathering tools; frame or mirror any portion of the Site; or remove any copyright, trademark, or other proprietary notices from the Site.
Any unauthorized use of our intellectual property is strictly prohibited and may result in civil and criminal penalties under applicable law.
5. User Submissions
When you submit information through our contact forms, quote request forms, or any other interactive features on the Site, you represent and warrant that the information you provide is accurate, truthful, and complete, that you have the right to provide such information, and that doing so does not violate any third-party rights or applicable law.
By submitting any feedback, suggestions, ideas, or other content to us, you grant Gwyn & Sons Painting a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content for any business purpose without compensation or attribution to you.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities in connection with your use of the Site: violating any applicable federal, state, local, or international law or regulation; transmitting any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; impersonating any person or entity, including our employees or representatives; attempting to gain unauthorized access to any portion of the Site or any other systems connected to the Site; introducing viruses, trojans, worms, logic bombs, or other malicious or harmful code; using the Site for any commercial solicitation purposes without our prior written consent; collecting or harvesting any personally identifiable information from the Site; interfering with or disrupting the integrity or performance of the Site; attempting to reverse engineer or decompile any software contained on the Site; using any automated tools, scrapers, or bots to access or interact with the Site; and framing or linking to the Site without our express written permission.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting such activity to law enforcement authorities.
7. Reviews and Testimonials
Our Site may display customer testimonials and reviews. All testimonials displayed on the Site are from actual customers and reflect their genuine experiences. We reserve the right to select which testimonials to display and to edit testimonials for length, grammar, or clarity without altering their substance. We do not fabricate, manufacture, or otherwise misrepresent customer feedback.
8. Third-Party Links and Content
The Site may contain links to third-party websites, platforms, and resources that are not owned or controlled by Gwyn & Sons Painting. We provide these links for your convenience only and have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We do not endorse any third-party websites or the products or services they offer. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, products, or services.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GWYN & SONS PAINTING, ARBUTA HOLDINGS LLC, THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). BECAUSE SITE ACCESS IS PROVIDED FREE OF CHARGE, THIS LIMITATION EFFECTIVELY CAPS OUR LIABILITY FOR SITE-RELATED CLAIMS AT ZERO IN MOST CIRCUMSTANCES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless Gwyn & Sons Painting, Arbuta Holdings LLC, and their respective owners, officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: your violation of these Terms; your use of the Site in any manner not authorized by these Terms; your violation of any third-party right, including any copyright, trademark, privacy, or proprietary right; your violation of any applicable law or regulation; any content or information you submit to or through the Site; or any misrepresentation made by you.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims at your expense.
12. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, internet service disruptions, or other events outside our control. In such circumstances, our obligations will be suspended for the duration of the force majeure event.
13. Governing Law and Jurisdiction
These Terms and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any legal action or proceeding relating to these Terms or the Site that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylvania. You consent to the personal jurisdiction of such courts and waive any objection to venue or jurisdiction.
14. Dispute Resolution and Arbitration
Informal Resolution: Before initiating any formal dispute process, you agree to first contact us at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.
Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Montgomery County, Pennsylvania. The arbitrator shall have authority to award any remedy available at law or in equity. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: YOU AND GWYN & SONS PAINTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Exceptions: Notwithstanding the foregoing arbitration agreement, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, and either party may bring claims related to intellectual property infringement in court.
Statute of Limitations: Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, or it shall be forever barred.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity of the remaining provisions.
16. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Gwyn & Sons Painting regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the Site. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or any other term.
17. Contact Information
For questions or concerns about these Terms of Use, please contact us:
Gwyn & Sons Painting | Arbuta Holdings LLC
Glenside, PA 19038, United States
Email: [email protected]
Phone: (267) 318-2159
Website: gwynandsons.com