Rules Governing Use of this Site
Welcome! You may use the websites, content, services and applications operated by Miller Bros Paint (the Website) on the condition that you abide by the following Terms and Conditions. BY ACCESSING, BROWSING OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. You agree that you accept these Terms and Conditions electronically, which have the same force and effect as an agreement in writing.
You understand and agree that we may modify these Terms and Conditions at any time in order to adapt to changes with the Website, laws, and products we offer. Therefore, we urge you to check these Terms and Conditions periodically for changes. We will notify our users of any material changes to these Terms and Conditions before the changes take effect. Your continued use of the Website after we notify or post changes to these Terms and Conditions will mean you accept those changes. Miller Bros Paint reserves the right to modify or discontinue any aspect of this Website at any time and without notice to you.
Certain services or products offered through the Website may be subject to additional terms that will be disclosed to you. You understand and agree that those supplemental terms will be binding on you if you use or purchase those products or services. This site is operated by Miller Bros Paint, 4343 Montgomery Rd., Cincinnati, Ohio 45212.
Notice of Copyright and Limited License
In connection with the creation, hosting, maintenance and/or display of the Website, including the services and product features and offerings at the Website, Miller Bros Paint uses certain Miller Bros Paint proprietary materials or other materials licensed to Miller Bros Paint, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (which could also include music and lyrics), User Submissions (as defined below), trademarks, service marks and trade names (collectively, Content) that are protected by copyright and trademark laws and other U.S. and international laws and treaties. You may use the Content on our Website only for your own personal, non-commercial shopping and information purposes. Permission is granted only for the electronic copy and hard copy print for portions of this site as it pertains to your order. All rights in such Content is expressly reserved by the owner of the Content and no right, title or interest in the Content is conveyed to you, except as expressly provided herein. Your limited license to use the Content is subject to the following restrictions: (1) except as expressly provided, reproduction, publishing, broadcasting, modification, distribution, performance, displaying, posting, transmission or the creation of derivative works in any manner without the prior written consent of Miller Bros Paint is strictly prohibited; (2) access or use of the Website for any purpose that competes with Miller Bros Paint is strictly prohibited; and (3) retention of all copyright and other proprietary notices contained on the Content is required. Miller Bros Paint may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Miller Bros Paint.
Those who might desire to reuse any of the information contained on this site are cautioned that other types of independent re-distribution of this information may require copyright permission from some or all of the original copyrighted sources. In other words, the written copyright permissions obtained for our distribution of this information in its current format and setting does not convey to you or to your personal, business or non-business use. This notice imparts to you that Miller Bros Paint will not be held responsible for liability to you or any entity for willful copyright misuse or infringement from this domain.
Miller Bros Paint retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Miller Bros Paint and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. You are also advised that Miller Bros Paint will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
All third party trademarks and registered marks used on this site are the property of their respective owners. Product and/or Brand Names shown or listed are for identification purposes only.
The Website may from time to time permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Miller Bros Paint does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
By submitting User Submissions, you hereby grant to Miller Bros Paint an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Miller Bros Paint shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Miller Bros Paint does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.
In connection with User Submissions, you affirm, represent, and warrant to Miller Bros Paint that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Miller Bros Paint as set forth above; (iii) use of your User Submission(s) on the Website or otherwise by Miller Bros Paint , in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Miller Bros Paint to utilize the User Submission(s) without compensation or objection. For clarity, Miller Bros Paint does not claim ownership of your User Submissions.
You further agree that you will not submit any material, communications or content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to do the same and to grant Miller Bros Paint all of the license rights granted herein.
Miller Bros Paint does not permit copyright infringing activities on the Website, and Miller Bros Paint may remove any Content if properly informed that any such Content infringe on another's copyright rights. Miller Bros Paint will terminate a user?s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.
Miller Bros Paint also reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms and Conditions and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions. Miller Bros Paint reserves the right to terminate your access to the Website for uploading or attempting to upload such material in violation of the foregoing.
Prohibited Uses and Conduct
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Miller Bros Paint, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or Miller Bros Paint's related services and products.
Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any Content (including any User Submission) infringes upon your copyrights, you may notify Miller Bros Paint by providing the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the Content (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Miller Bros Paint to locate the same;
4. Information reasonably sufficient to permit Miller Bros Paint to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the Content (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Product Idea Submissions
If you submit product ideas to use, you are irrevocably licensing to us the unrestricted right to copy, modify, publish, transmit and publicly distribute that product idea, with or without naming you as the author or contributor, in our discretion. If you do not agree with the foregoing, do not submit, forward or send us any product ideas.
As a convenience to you, we may provide links or references to websites which are not operated or controlled by us. Please keep in mind that we will not be responsible for the information, products or services provided on such other sites and will not be liable for any damages arising from your access to such sites. The inclusion of any such links in our Website does not imply an endorsement of any other party's site or its content, products or services.
MILLER BROS PAINT DOES NOT PROMISE THAT THE WEBSITE OR ANY MATERIALS, CONTENT, SERVICES, PRODUCTS OR FEATURES OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, MATERIALS, CONTENT AND RELATED SERVICES AND ALL PRODUCTS ARE SHOWN, RESPRESENTED AND SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. None of Miller Bros Paint, its officers, members, employees, contractors or agents warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the products sold on this site or any sites linked to this site. Miller Bros Paint shall not be liable for any injury, loss or damage, whether direct or consequential, arising out of use of, or the inability to use, the products sold. Before using any product, you should determine the suitability of the product for its intended use. You assume all risk and liability whatsoever in connection with the use of the product.
Miller Bros Paint does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Miller Bros Paint does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Miller Bros Paint with respect thereto.
Limitation of Liability
IN NO EVENT WILL MILLER BROS PAINT BE LIABLE TO YOU OR ANY ENTITY OR PERSON FOR ANY DIRECT DAMAGES, LOST PROFITS, LOSS OF BUSINESS, INABILITY OF USE, LOSS OF DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE, CONTENT, MATERIALS OR ANY OTHER RELATED SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. You agree that Miller Bros Paint is not liable or responsible for any amount of damages above the total dollar amount you paid to purchase the products.
In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product. Miller Bros Paint reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Miller Bros Paint without notice at any time, and these provisions at time of access, registration or sale shall survive any such termination.
You consent to receive all communications, including notices, agreements, legally required disclosures or other information (collectively, "Notices") electronically. You agree that Miller Bros Paint may deliver Notices to you by means of e-mail, a general notice on the site, or by other reliable method using any of the information you have provided to us. The delivery of any Notice from Miller Bros Paint is effective when sent (or posted) by, Miller Bros Paint regardless of whether you read the communication when you received it.
You agree to indemnify, defend, and hold harmless Miller Bros Paint , its officers, directors, employees, contractors, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of these terms and conditions, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing or using this site, or (c) your violation of any third-party right, including without limitation any copyright, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive these Terms and Conditions and your use of the Website.
These Terms and Conditions shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby. In the event of a violation of these Terms and Conditions, Miller Bros Paint reserves the right to seek all remedies available by law or in equity.
Orders are shipped by USPS First Class Mail Parcel, USPS Priority Mail, FedEx SmartPost, FedEx Home Delivery, FedEx Ground (and UPS Ground for direct shipped items).
Items designated USPS First Class Mail Parcel or USPS Priority Mail will ship by that method only when allowable under Department of Transportation guidelines.
In instances where an item cannot ship by these means we reserve the right to substitute FedEx Home Delivery, FedEx Ground or UPS Ground at the quoted price.
Special order items shipping from alternative locations or warehouses will ship by (best means possible) regardless of the service you select. These products are identified by shipping origin at each items product page. We ship solely to locations within the Contiguous US which represents the following states: (AR, AZ, CA, CO, CT, DE, FL, GA, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV and WY).
For US addresses who have both a PO Box and Physical address you should specify both addresses on your order.
AK & HI:
We may be able to ship to Alaska and Hawaii on a limited basis depending on the product combination you select.
This shipment destination may take up to twenty-one days for delivery and is not available in our online store.
If you are interested in ordering for delivery to Alaska or Hawaii please use the Contact Us link on this site first!
We do not offer shipping to Canada or any other Country/Entity and we do not offer shipment by any other means.
Any special shipping offers, promotions, or other reduction to the shipping price applies solely to orders shipped within the Continental US.
Any order shipping to "other locations" outside this predetermined boundary are not eligible and are excluded from such promotion incentive.
Orders in excess of $99, orders delivering to a Unit or Apartment,
or orders delivering to a Residential Address that is other than the address of record
may require a signature from you, someone in your household or a neighbor. To avoid the signature requirement you might consider shipping your items to a dedicated Business Address.
If you have any questions about our policies please contact us at the address or telephone number shown at the page header.
Once your order is placed in our system you will receive a confirmation e-mail sent to the e-mail address you provided. A shipping confirmation e-mail will also be sent once an order has shipped.
You are solely responsible for providing correct delivery information when placing your order online. We will work with the shipping carrier to track your items if your package should become delayed or lost.
This process may take up to 2 business days for the carrier to investigate.
If we are unable to come up with resolution within this time-frame we will reship the products to you.
Our goal is to get your merchandise on its way to you as soon as possible. We strive to place your items in the trustworthy care of our shipping alliance partner as quickly as possible; except that Friday and/or Holiday orders often do not ship until the beginning of the following week.
We are committed to offer you expedient order processing. There are situations beyond our control that may delay delivery to you; item out of stock, order entry problem, invalid payment method, invalid shipping choice or problems with a warehouse, shipping or servicing partner. In these instances, we will use the information you provided during checkout to contact you if we are aware that an extraordinary delay could exist. If we have questions that prevent processing your order entirely, we will hold your order for up to ten days to await your instruction. If after ten days we have not received instruction from you, your order will be canceled.
Once shipping has occurred you may not change, cancel, or redirect your order. However, if your order has not yet shipped we may be able to cancel or change your order. Note that most orders ship within the same day, so please call immediately if you would like to request changes. No cancellation or change to your order is binding until you receive verbal or electronic correspondence from us indicating our receipt, acknowledgment and acceptance of your order cancellation or change. Orders placed with us may be canceled or changed by us at any time prior to shipping. While we try to ensure accuracy, we reserve the right to correct any errors in pricing or descriptions, and the cancel or refuse to accept any other based on an incorrect price or description. If your order is canceled or changed and your credit card has already been charged, we will promptly issue a credit to your credit card account for the charge.
We follow all applicable taxing regulations for the areas where we do business. Each of the 50 US states has established state tax regulations. Taxes are charged according to your order's shipping address.