Effective date: September 24, 2026
Last updated: September 24, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16.7. IF YOU BUY SERVICES FOR YOUR HOME, YOU MAY HAVE A RIGHT TO CANCEL WITHIN THREE BUSINESS DAYS (SECTION 3.6).
1. Agreement
These Terms of Service ("Terms") are a legal agreement between you and Kaizen Crest Services LLC, a Utah limited liability company doing business as Sheen Exterior Co. ("Sheen," "we," "us," or "our"). They govern your use of sheenexterior.com and every page, form, client portal, and link we operate under that domain (together, the "Site"), and they set the baseline terms for the exterior cleaning, pressure washing, soft washing, window cleaning, flatwork cleaning, fleet washing, kitchen exhaust hood cleaning, holiday lighting, snow and ice services, and related services we provide, whether we perform them ourselves or through a subcontractor (the "Services").
You accept these Terms when you check the box or click the button stating that you agree to them, for example when you submit a booking request, accept a quote, or claim a portal account, or when you sign a quote or service agreement that includes them. If you only browse the Site, Sections 10, 11, 12, 13.1, 14.1, 14.2, and 14.4 apply to your use of it. Our Privacy Policy explains how we handle personal information; it is a notice of our practices and is not part of this contract, except as stated in Section 9.1. If you do not agree to these Terms, do not use the Site or the Services.
You must be at least 18 years old and able to form a binding contract to purchase Services. If you act for a business, homeowners association ("HOA"), property owner, or other organization, you represent that you have authority to bind it, and "you" means that organization. In these Terms, a "consumer" is an individual buying Services for personal, family, or household purposes, including for the home the individual lives in, and an "organization" is anyone else, including a business, HOA, property management company, or an individual buying Services for a rental or commercial property. If a property management company accepts a quote as agent for an owner or association, the owner or association is our customer and is responsible for payment, the management company will pass our invoices and notices to it, and the agreement continues if the management company changes. A person or management company that accepts a quote for an organization represents that it has authority to do so and, if it did not have that authority, is responsible to us for the amounts the organization would have owed.
2. How these Terms fit with your quote and any service agreement
When you accept a written quote, the quote, any service agreement it references, and these Terms together form your contract with us. If they conflict, this order controls: (a) a written agreement signed by you and by an authorized manager of Sheen (the owner of Sheen or a person the owner has authorized in writing to sign contracts for Sheen), including a vendor or service agreement you provide; (b) the accepted quote; and (c) these Terms. However, Section 16 controls over a signed agreement unless that agreement expressly states that it replaces Section 16. These Terms apply to anything the signed agreement or quote does not address. Terms printed on a purchase order, work order, vendor portal, or invoice-approval system do not change our contract unless an authorized manager of Sheen signs them. Nothing in these Terms limits a warranty or right that the quote or a signed agreement expressly gives you.
3. Booking requests, quote visits, and quotes
3.1 Booking requests are requests. Submitting a booking request through the Site, by text, by phone, or through our AI assistant asks us to schedule a quote visit. It does not create a contract for Services and does not reserve a service date. We will confirm the visit by text or email. We may decline any request.
3.2 Only written quotes are offers. Prices for Services depend on the property. Any figure given on the Site, by our AI assistant, or in conversation before a written quote is an estimate and is not an offer. Only a written quote sent by us is an offer.
3.3 Written quotes. A written quote lists the work, the price, the terms of any plan (see Section 4.1), and an expiration date. Unless the quote says otherwise, it expires 30 days after it is sent. We may withdraw a quote at any time before you accept it. A quote is based on the property conditions we observed or you described. If conditions differ materially when we arrive, for example additional area, heavier soiling, surfaces not disclosed, or access problems, we will tell you and, if we cannot reach you promptly, perform only the work within the quoted scope and quote the rest separately. We will not charge more than the quoted price without your approval. You may approve added work in writing, including by text or email, and that approval adds the work and its stated price to your accepted quote.
3.4 Accepting a quote. You accept a quote by checking the box agreeing to these Terms and clicking "Accept" on the quote page, or by signing a quote or service agreement that states it includes these Terms. A quote that includes a recurring plan can be accepted only as described in Section 4.2. Acceptance creates a binding contract for the work described. You agree that checking the box and clicking "Accept" is your electronic signature and that the contract may be formed and kept in electronic form under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and the Utah Uniform Electronic Transactions Act, Utah Code Title 46, Chapter 4. We keep a record of the version of these Terms you accepted and when you accepted it.
3.5 Scheduling. After acceptance we will offer service dates. Our work depends on weather, temperature, daylight, water supply, and site access. We may reschedule for weather or safety at no charge to you and will give you as much notice as we can.
3.6 Your right to cancel a sale made at your home. If you are a consumer and you accept a quote at your home or another place that is not our place of business, or after our staff presented it to you there, you may cancel at any time before midnight of the third business day after the day you accept. A business day is any day except Sunday and federal holidays. To cancel, deliver or mail the Notice of Cancellation we give you, or any signed and dated written notice, to our mailing address in Section 21, or email it to info@sheenexterior.com, before that deadline. If you cancel, we will refund all payments within 10 business days after we receive your notice. We will not begin work before the cancellation period ends unless the emergency exception in the Federal Trade Commission's Cooling-Off Rule applies and you give us the separate handwritten, signed, and dated statement that rule requires.
3.7 Who can bind Sheen. Our sales representatives can explain our Services and prepare quotes, but only a written quote issued by Sheen, or an agreement signed by an authorized manager of Sheen, binds us. A promise, discount, or term that is not in that quote or agreement is not part of your contract.
4. Recurring plans
4.1 Plans. A "plan" is any recurring Service under an accepted quote or service agreement. An "annual plan" is a plan with a 12-month term. A "month-to-month plan" is a plan with no fixed term. Your quote states the type of plan, the price, the per-visit plan prices, the billing frequency, the service calendar, and any price escalator.
4.2 Consent before any recurring charge. Before you accept a quote that includes a plan, you will be shown the plan price, billing frequency, term, the date billing starts, any escalator, whether and how the plan renews, and how to cancel, and you must agree to them by checking a box on the quote page or by signing the quote or service agreement. A plan cannot be accepted by email or text alone. We keep a record of your consent. Your first plan charge is made only after your first visit under the plan is completed, and if that visit is rescheduled, the first charge moves with it, unless your quote or service agreement states a different billing start date.
4.3 Renewal. Unless your quote or service agreement says otherwise, an annual plan renews for another 12-month term at the end of each term unless it is canceled or ended under these Terms, and a month-to-month plan continues until it is canceled or ended under these Terms. Whenever a plan will renew automatically for a paid term longer than 45 days, we will send you a notice by email, and also by text if you have opted in to texts and have not opted out, at least 30 and not more than 60 days before the renewal date. The notice will clearly state the renewal date, the total cost of the renewal term, and how to cancel.
4.4 Canceling a plan. Unless your quote or service agreement says otherwise:
(a) you may cancel a month-to-month plan at any time, effective at the end of the current billing period;
(b) during the first 90 days of the first term of an annual plan, you may cancel only under Section 3.6, under Section 20.4, or if we materially breach the plan and do not fix the breach within 10 days after your written notice;
(c) after the first 90 days of the first term of an annual plan, including during any renewal term, you may cancel on 30 days' notice given by any method listed below; and
(d) we may end an annual plan at the end of its current term by written notice sent at least 30 days before the renewal date, and we may end a month-to-month plan on 30 days' written notice.
To cancel, email info@sheenexterior.com, call 385-513-8388, or use the portal where it is available. Canceling takes no more steps than signing up did. A text message of STOP, CANCEL, or a similar word stops text messages only and does not cancel a plan; if we receive one from you while you have a plan, we will ask you by email whether you also want to cancel it. When a plan is canceled, we will still perform any visit already scheduled before the cancellation takes effect unless you tell us not to.
4.5 Settlement when a plan ends. Plan prices may be billed in equal installments while visits follow the service calendar in your quote, except that for a consumer's plan the total billed on any date will never be less than the value, at the per-visit plan prices, of the visits completed by that date. When a plan ends before the end of its term for any reason, we will compare the value of the visits completed, at the per-visit plan prices in your quote (or, if your quote does not state them, the plan price for the term divided equally among the visits on the service calendar), plus any first-service charge shown on the quote that has not been paid, with the plan payments you have made. If the value of the visits completed is greater, we will invoice the difference, due in 30 days. If you have paid more, we will refund the difference within 30 days after the plan ends.
4.6 Price changes. During a plan's current term, the price changes only by an escalator stated in your quote or service agreement, which applies on the date the quote states and is shown on your invoice. For a new term of an annual plan, the price is the one stated in the renewal notice. For a month-to-month plan, we will give you at least 30 days' written notice of an increase, and you may cancel before it takes effect.
4.7 Pausing. A month-to-month plan may be paused where the portal offers it. An annual plan may be paused only if your quote or service agreement allows it, and a pause extends the term by the paused period. A paused plan is not billed and no visits are scheduled until it resumes. We may end a plan that has been paused for more than 12 months, with notice to you.
5. Payment
5.1 Payment authorization. We accept cards and bank debits through Stripe and any other method stated on the invoice. By providing a payment method, you authorize Sheen, through Stripe, to charge it for (a) invoices for work under a quote you accepted and (b) plan charges you agreed to under Section 4.2, and to retry a failed charge up to two times within 30 days. For bank debits, you will receive a copy of your authorization, and if a recurring debit will differ from the previous amount, we will notify you at least 10 days before the debit. We will not charge any other amount, including a fee, to your saved payment method without your separate approval.
5.2 When payment is due. One-time work is invoiced when the job is complete. Invoices to consumers are due on receipt. Invoices to organizations are due 30 days after the invoice date unless the quote or a signed agreement states otherwise. Plan charges are due on the billing date shown on the invoice or in the portal. We aim to deliver the photo report with the invoice, but a delayed photo report does not delay payment. We will include your purchase order or work order number if you give it to us before the work, and we will provide a Form W-9, a certificate of insurance under Section 6.4, and lien waivers where applicable, on request.
5.3 Late and returned payments. Amounts unpaid 30 days after the due date accrue simple interest from that 30th day at 1.5% per month (18% per year) or the highest rate permitted by law, whichever is lower, until paid. A check returned unpaid incurs the $20 service charge allowed by Utah Code § 7-15-1, and collection of a dishonored check is limited to the amounts that section allows. A returned bank debit incurs a $20 fee. In any action or arbitration to enforce these Terms, a quote, or a plan, including to collect an unpaid amount, the prevailing party may recover its reasonable attorney fees and costs to the extent permitted by law. If we assign an unpaid amount to a registered third-party debt collection agency or a licensed attorney for collection, you agree to pay a collection fee, imposed at the time of assignment, equal to the amount we must pay that agency or attorney but not more than 40% of the principal amount owed, as Utah Code § 12-1-11 allows. This fee is in addition to any attorney fees recoverable under this Section 5.3. We may suspend scheduled Services on 5 days' written notice while an amount is more than 30 days past due; suspension does not end a plan or reduce amounts owed. If an amount remains unpaid 60 days after it is due, we may end the plan, and Section 4.5 applies.
5.4 Invoice disputes. If you believe an invoice is wrong, tell us in writing within 30 days after the invoice date, and we will review it with you. Undisputed portions remain due. This Section 5.4 does not limit any right you have with your card issuer or bank.
5.5 Taxes. Prices exclude sales and use tax. Where Utah law taxes any part of what we provide, for example the sale or lease of holiday lighting products, the washing of dumpsters, equipment, or other personal property, or vehicle washing that includes interiors, we will state that item separately on the quote and invoice and add the tax. If you claim an exemption, give us a completed Utah exemption certificate before we invoice; otherwise we must charge the tax.
6. Service visits and your responsibilities
6.1 Access and site conditions. On the scheduled date you agree to: provide safe access to the areas to be serviced, including unlocked gates and any codes; make a working exterior water source and electrical outlet available where the quote requires it; move vehicles, furniture, planters, and other items away from the work area; keep people and pets away from the work area during the visit; close windows and doors; and tell us about anything we could not see during the quote visit that affects the work, including hidden hazards, recent repairs, fragile surfaces, sprinkler heads, low-voltage lighting, or wiring. At commercial and multi-tenant properties, we will mark the work area with cones or tape, and you will notify occupants under Section 6.7.
6.2 Pre-existing conditions. Cleaning removes dirt, growth, and stains. It does not repair damage that was already there, and it can reveal conditions the dirt was hiding. We are not responsible for pre-existing conditions, or for damage that results from a pre-existing condition when we performed the work with reasonable care, including: failing, chalking, or oxidized paint; loose or deteriorated mortar, caulk, sealant, or grout; cracked or spalling concrete; loose siding, trim, or shingles; failed window seals; rotten wood; brittle or sun-damaged plastic, awnings, or screens; and improperly installed or unsealed surfaces. This Section 6.2 does not limit our responsibility for damage to the extent caused or made worse by our negligence, including use of an unsuitable method on a condition we observed or you told us about.
6.3 Workmanship. We will perform the Services in a good and workmanlike manner using methods suited to the surface. Some stains cannot be fully removed, including rust, efflorescence, artillery fungus, tannin bleed, irrigation staining, and stains that have penetrated a porous surface, and we do not guarantee their removal unless the quote says so.
6.4 Damage claims and insurance. If you believe we damaged your property, notify us in writing within 72 hours after the visit, or, for damage that could not reasonably be seen then, such as damage to plants or finishes, within 14 days after you notice it, with photos, and allow us to inspect. Prompt notice lets us determine the cause; later notice does not bar your claim but may make the cause harder to establish. We will repair or pay for damage caused by our negligence. Where your quote or service agreement requires insurance, we will provide a certificate of insurance showing the required coverage, and any required additional insureds, before the first visit.
6.5 Wash water. We capture, contain, or direct wash water as local stormwater rules and any permit or written approval we hold require, and we record how we did it for each job. You agree not to require us to discharge wash water in a way that violates the law, and we may stop work if a lawful method is not available at the property.
6.6 Safety. We may stop or refuse work that is unsafe for our staff or your property, including work on roofs or at heights the quote did not include, during lightning or high wind, when wash water would freeze on walking surfaces, or when a required utility is unavailable. If we cannot work for a reason within your control, we may charge any trip fee stated in the quote.
6.7 HOAs and multi-tenant properties. If the property is subject to HOA rules or has tenants or other occupants, you are responsible for any approvals or notices the rules require and for informing occupants of the visit. If your quote says we will send occupant notices, we will send them by email, door hanger, or through your own channels, and we will text an occupant only if that occupant has opted in under our SMS Terms at sheenexterior.com/legal/sms.
6.8 Snow and ice services. Where your quote includes snow or ice services, we or our subcontractor will perform them at the trigger depth, areas, and frequency stated in the quote. Conditions change after we leave. We are not responsible for snow or ice that accumulates, melts and refreezes, or is tracked or blown onto a surface after our service, or for areas the quote does not include. You remain responsible for monitoring your property, warning occupants and visitors, and requesting additional service by calling 385-513-8388. We use the ice-melt product stated in the quote and are not responsible for damage to concrete, landscaping, or flooring from its ordinary use.
6.9 Holiday lighting. Your quote states whether lighting products are sold to you or rented to you for the season. Products we sell become yours when paid for. Rented products remain ours, and you are responsible for their loss or damage while installed, other than normal wear or damage we cause. Installation and removal dates are stated in the quote. We attach lighting with clips that do not penetrate roofing or gutters unless the quote says otherwise. You are responsible for providing working outdoor circuits suitable for the load stated in the quote.
6.10 Kitchen exhaust hood cleaning. We clean to the standard stated in the quote, label the system as required, and report deficiencies we observe to you and, where the law requires, to the fire authority. Cleaning does not repair a system or make it code compliant. You remain responsible for the fire suppression system, filter maintenance between visits, and repairs we report.
7. Portal accounts, links, and security
7.1 Claiming an account. Where the portal is available, after you accept a quote we may issue an access code that lets you claim a portal account with your email address. Codes are single-use and expire. Do not share a code. You are responsible for activity under your account and for keeping your sign-in email secure.
7.2 Quote and status links. Quote links and job status links open without a password, and anyone who has a link can view its contents, so share links only with people you want to see them. Status links show a job's timeline and photos but not prices. Quote links expire when the quote expires. Anyone who accepts a quote through a link represents that they have authority to do so under Section 1.
7.3 Accuracy. You agree to give us accurate information and to keep your contact and payment details current.
7.4 Suspension. We may suspend or close an account, or revoke a link, if we reasonably believe it is being misused, if your information is inaccurate, or if you breach these Terms.
8. Communications
If you give us your phone number or email address, we may call or email you about your requests, quotes, visits, invoices, and account. We text you only if you have agreed to receive texts as described in our SMS Terms at sheenexterior.com/legal/sms, except that if we miss a call from you, we may send the one text described in Section 2 of our SMS Terms. You can stop texts at any time by replying STOP. Agreeing to receive texts is not a condition of purchase. Our text messaging program does not send promotional texts. Promotional emails include an unsubscribe link. Calls to our business line may be answered by our AI assistant and may be recorded, as described in our Privacy Policy.
9. Photos, reviews, and feedback
9.1 Photos. We take photos of the areas we service to document the work, produce your photo report, and keep our job and compliance records. We own the photos we take. You may use your photo report for your own purposes, including sharing it with an owner, board, or occupant. We may use photos of your property in our marketing only within the limits described in Section 7 of our Privacy Policy, which we agree to follow, and you may stop that use at any time by telling us.
9.2 Reviews. After a job we may ask you to review our service. Any review you post is your own honest opinion. We do not pay for reviews, offer anything in exchange for a review, or ask a reviewer to remove or change an honest review, although we may report to a platform a review we believe is fake or breaks its rules. We will not use your name, likeness, or words in our own advertising without your written permission, except that we may display or link to reviews you have posted publicly, as they appear on that platform.
9.3 Feedback. If you send us suggestions or feedback about the Site or Services, we may use them without obligation to you.
10. Acceptable use of the Site
You agree not to: use the Site for any unlawful purpose; attempt to access another person's account, quote, or status link; probe, scan, or test the security of the Site; scrape or copy Site content in bulk; submit false booking requests or false information; upload malicious code; or interfere with the Site's operation. We may block access for violations.
11. Intellectual property
The Site, its design, text, photos, logos, the name "Sheen Exterior Co.," and all related marks are owned by Sheen or its licensors and are protected by copyright and trademark law. You may view and print Site content for your personal, noncommercial use in connection with our Services. Any other use requires our written permission. Photos you upload remain yours, and you grant us a license to use them to quote, perform, and document the Services.
12. Third-party services
The Site relies on services from others, including Stripe for payments, Google for maps and reviews, and our telephone, messaging, and email providers. Their availability is outside our control, and your use of a third-party service is subject to that provider's terms. The Site uses Google Maps features and content. Use of Google Maps features and content is subject to the then-current Google Maps/Google Earth Additional Terms of Service at maps.google.com/help/terms_maps and the Google Privacy Policy at policies.google.com/privacy.
13. Disclaimers
13.1 The Site. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES ABOUT THE SITE, EXPRESS OR IMPLIED, INCLUDING THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
13.2 The Services. Our warranties for the Services are the workmanship commitment in Section 6.3, any guarantee published on the Site on the date you accept your quote, and any warranty in your quote or service agreement. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THAT WE DO NOT DISCLAIM ANY IMPLIED WARRANTY ON GOODS FOR WHICH WE GIVE A WRITTEN WARRANTY.
13.3 AI assistant. Our AI phone assistant is designed to take booking requests, not to make offers. Prices, availability, and scope become binding only in a written quote or confirmation from us. If the assistant tells you something about our Services that turns out to be wrong, tell us and we will correct it. This Section 13.3 does not limit any right you have under the Utah Consumer Sales Practices Act or any other consumer protection law.
13.4 Estimates and timing. Dates, arrival windows, and duration estimates are estimates. Weather and site conditions can change them.
14. Limitation of liability
14.1 Exclusions. TO THE FULLEST EXTENT PERMITTED BY LAW, SHEEN AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST RENT, LOSS OF USE, OR LOSS OF DATA, ARISING OUT OF THE SITE OR THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
14.2 Cap for the Site. OUR TOTAL LIABILITY FOR CLAIMS ARISING FROM YOUR USE OF THE SITE, AS DISTINCT FROM THE SERVICES, IS LIMITED TO $100.
14.3 Cap for the Services. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICES UNDER A QUOTE OR SERVICE AGREEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID AND PAYABLE FOR THOSE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) $500.
14.4 What this Section does not limit. Sections 14.2 and 14.3 do not limit our liability for physical damage to your property caused by our negligence or willful misconduct in performing a Service, including damage that becomes apparent after the visit, which we will repair or pay for as described in Section 6.4. Nothing in this Section 14 limits or excludes liability for: death or bodily injury caused by our negligence or other fault; our gross negligence, willful misconduct, or fraud; damages, penalties, or fees available to you under the Utah Consumer Sales Practices Act or any other consumer protection statute; or any liability that cannot be limited under applicable law.
14.5 Basis of the bargain. You agree that the pricing of the Services reflects this allocation of risk and that these limits are a reasonable part of the agreement between us.
15. Indemnity
If you are an organization, you agree to defend, indemnify, and hold harmless Sheen and its members, managers, employees, and contractors from third-party claims, losses, and expenses, including reasonable attorney fees, to the extent caused by: your breach of these Terms; false information you give us; your misuse of the Site, a link, or an account; your lack of authority to order the Services; or your failure to give a notice you were required to give to an occupant, owner, or HOA. If you are a consumer, you agree to indemnify Sheen only for third-party claims caused by false information you knowingly gave us or your lack of authority to order the Services. No one is required to defend or indemnify any person against any loss to the extent it is caused by the fault of Sheen, its members, managers, employees, or contractors, or of any other person not acting for you. This Section 15 applies only to the extent permitted by Utah Code § 13-8-1.
16. Dispute resolution, arbitration, and class action waiver
16.1 Talk to us first. Before starting any arbitration or lawsuit, other than a request for relief under Section 16.6, the party with a claim must send the other a written notice describing the claim and the relief requested. The notice must be signed by the person or organization making the claim and include that party's name, phone number, and the address of the property involved, if any. Send notice to Sheen by email to info@sheenexterior.com with "Dispute Notice" in the subject line, or by mail to the address in Section 21 marked "Dispute Notice." We will send notice to the email or mailing address on your account. The parties will try in good faith to resolve the claim within 30 days after the notice is received. All limitation periods, including in Section 16.10, are tolled from the date a notice is received until 30 days after it is received. For a claim to collect an invoice, a written past-due notice that states the amount owed, is marked "Dispute Notice," and is sent to the email or mailing address on your account satisfies this Section 16.1. If the claim is not resolved within that 30-day period, either party may proceed under this Section 16.
16.2 Small claims and invoice disputes in court. Either party may bring an individual claim in the small claims department of a justice court or district court with jurisdiction in Utah County, Utah, or in the county where the property is located, if the claim qualifies. Either party may also bring an individual action in court to collect, or to contest, amounts invoiced for Services, together with any counterclaim in that action.
16.3 Agreement to arbitrate. Except for the claims described in Sections 16.2 and 16.6, any dispute, claim, or controversy between you and Sheen arising out of or relating to these Terms, the Site, the Services, a quote, a plan, or our relationship, whether based in contract, tort, statute, or any other legal theory, and including any dispute about the scope or enforceability of this Section 16 other than Section 16.8, will be resolved by binding individual arbitration and not in court. The Federal Arbitration Act governs this Section 16. If a court finds that the Federal Arbitration Act does not apply, the Utah Uniform Arbitration Act, Utah Code Title 78B, Chapter 11, applies.
16.4 How arbitration works. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are a consumer, and otherwise under its Commercial Arbitration Rules, each as in effect when the arbitration is started, and, where 25 or more similar demands are filed, its Mass Arbitration Supplementary Rules, except as modified here. The AAA rules and forms are available at adr.org. One arbitrator will be appointed. Hearings are held by video or telephone unless the parties agree or the arbitrator decides otherwise, and any in-person hearing will take place in the county where the property is located or another place in Utah the parties agree on. The arbitrator may award any relief that a court could award to the individual party, must follow these Terms and applicable law, and must issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on another arbitration provider, and if they cannot agree within 30 days, either party may ask a court to appoint an arbitrator under 9 U.S.C. § 5. If the AAA declines to administer because we did not register this agreement with it or pay a fee it requires, you may instead bring your claim in court.
16.5 Costs. If you are a consumer, the AAA Consumer Arbitration Rules limit the fee you pay, and we pay the remaining AAA and arbitrator fees. If you are an organization and your claim is for $25,000 or less, we will pay any AAA filing, administrative, and arbitrator fees that exceed the filing fee you would pay in Utah district court. The arbitrator may reallocate fees for a claim found frivolous or brought for harassment, as the rules allow. Each party pays its own attorney fees unless the arbitrator awards fees under applicable law, including Utah Code § 78B-5-826, or these Terms.
16.6 Exceptions. Either party may seek an injunction or other equitable relief in court to stop unauthorized use or infringement of intellectual property or to stop an actual or threatened breach of Section 10. Nothing in this Section 16 prevents you from filing a complaint with a government agency or from bringing a claim that applicable law does not allow to be arbitrated.
16.7 Your right to opt out. You may opt out of arbitration by sending a notice by email to info@sheenexterior.com, or by mail to the address in Section 21, within 30 days after you first agree to these Terms by checking a box, clicking a button, or signing. The notice must state your name, the email or phone number you use with us, and "I opt out of arbitration." If you opt out, Sections 16.3 through 16.8 and 16.10 do not apply to you, disputes will be resolved in court under Section 16.9, and the rest of these Terms continue to apply.
16.8 Class action and jury waiver. You and Sheen agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and that the arbitrator may not consolidate more than one person's claims, except for administrative coordination of individual cases as the AAA's rules provide, or preside over any form of class or representative proceeding. A court, not an arbitrator, decides whether this Section 16.8 is enforceable. If this class waiver is found unenforceable as to a particular claim, that claim will be severed and heard in court, and the rest of this Section 16 continues to apply. TO THE EXTENT A CLAIM PROCEEDS IN COURT, YOU AND SHEEN EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT PERMITTED BY LAW.
16.9 Governing law and courts. These Terms and any dispute are governed by the laws of the State of Utah, without regard to its conflict of laws rules, and by the Federal Arbitration Act where it applies. For any matter not subject to arbitration, you and Sheen consent to the exclusive jurisdiction and venue of the Fourth Judicial District Court for Utah County, Utah, or, where federal jurisdiction exists, the United States District Court for the District of Utah, except that either party may bring an action in the county where the property is located and may use small claims court under Section 16.2.
16.10 Time to bring claims (organizations only). If you are an organization, any claim by either you or Sheen arising out of the Site or the Services must be started within one year after the claim arose, or it is permanently barred, unless the law requires a longer period. This Section 16.10 does not apply to consumers.
16.11 Survival. This Section 16 survives the end of our relationship. Section 18 governs how this Section 16 may be changed.
17. Termination
You may stop using the Site at any time, and you may cancel Services as described in Sections 3.6 and 4 and in your quote. We may terminate or suspend your access to the Site, or refuse future Services, if you breach these Terms, fail to pay, or behave abusively toward our staff. Sections 4.5, 5, 6.2 through 6.4, 6.9, 9, 11, and 13 through 22 survive termination.
18. Changes to these Terms
We may change these Terms by posting a new version on the Site with a new "Last updated" date. A change applies to booking requests and quotes accepted after its effective date and to your use of the Site after that date. For an active plan, a change applies only from the plan's next renewal (for a month-to-month plan, from the first billing period that begins at least 30 days after our notice), and only if we describe it in the renewal notice under Section 4.3 or give you at least 30 days' written notice. You may cancel the plan, effective before the change applies, without the notice period in Section 4.4(c). A change never alters the price, scope, or term of an accepted quote before that renewal. A change to Section 16 applies only to claims that arise after the change takes effect, and we will notify you of it by email, and also by text if you have opted in to texts and have not opted out, at least 30 days before it takes effect.
19. Assignment and subcontracting
We may assign these Terms and any quote, plan, or service agreement, in whole or in part, without your consent, to an affiliate, to a lender as security, or to a buyer or successor of all or part of our business, provided that the assignee, other than a lender, assumes our obligations. We will notify you after an assignment. We may use subcontractors to perform any part of the Services and remain responsible for their work. You may not assign these Terms, a quote, or a plan without our written consent, which we will not unreasonably withhold for a buyer of the serviced property who agrees to assume the plan.
20. General
20.1 Entire agreement. These Terms, the SMS Terms, your accepted quote, and any service agreement it references or that is signed under Section 2 are the entire agreement between you and Sheen about their subject matter and replace all earlier discussions, proposals, and statements, including statements by sales representatives.
20.2 Severability. If any part of these Terms is held invalid or unenforceable, that part will be enforced to the maximum extent permitted, and the rest remains in effect, except as provided in Section 16.8.
20.3 No waiver. Our failure to enforce a provision is not a waiver of it.
20.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, fire, epidemic, utility failure, government water-use restrictions, labor dispute, government order, or failure of a telecommunications or hosting provider, but this does not excuse payment for work already performed. If such an event prevents plan visits for more than 60 days, either party may end the plan on written notice, and Section 4.5 applies.
20.5 Electronic records and notices. You agree that we may provide quotes, agreements, invoices, receipts, renewal and price notices, and other notices electronically, by email, by text link if you have opted in to texts, or through the portal. You may request a paper copy of any record at no charge, and you may withdraw this consent at any time by emailing info@sheenexterior.com; withdrawal does not affect records already provided, and after it we will send required notices by mail. To access these records you need a device with internet access, a current web browser, and an email account. Please keep your email address current. Before we deliver electronically any notice the law requires us to give you in writing, we will obtain any consent required by 15 U.S.C. § 7001(c).
20.6 Interpretation. Headings are for convenience and do not affect interpretation. "Including" means "including without limitation."
20.7 Relationship. Sheen is an independent contractor. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
21. Notices to Sheen
Send notices to Sheen by email to info@sheenexterior.com or by mail to Kaizen Crest Services LLC, doing business as Sheen Exterior Co., 7533 S Center View Ct, Ste N, West Jordan, UT 84084. A notice sent by email is received when sent, and a notice sent by mail is received when delivered to that address, except that a Notice of Cancellation under Section 3.6 is timely if it is mailed before the deadline stated there.
22. Contact
Kaizen Crest Services LLC, doing business as Sheen Exterior Co.
7533 S Center View Ct, Ste N, West Jordan, UT 84084
info@sheenexterior.com
385-513-8388