Terms of Service
[OVERVIEW]
For this website, the terms “we”, “us”, and “our” refer to common knowledge, about colors choice, information, tools, and services available from this site to you. The user of this website is conditioned upon their acceptance of all terms, conditions, policies, and notices stated here.
For visiting and/or purchasing products from this website, our “service” is bound by the following terms and conditions (“Terms of Service”, Other Policy”), including those additional terms and conditions, policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this website including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using this website. If you agree to all the terms and conditions of agreement of this website, then you can access this website or use our services. If these Terms of Service are considered an offer, the acceptance is expressly limited to these Terms of Service.
Any new tools or features added to this website shall be subject to the Terms of Service. We reserve the right to update, change, amend, or replace any part of these Terms of Service by posting updates and/or change to our website without notice. It is your responsibility to review the Terms of Service periodically for any changes. Your continued use, access, and purchase on this website following the posted changes constitute an acceptance of those changes.
Our store is hosted on Shopify Inc; they provide us with the online e-commerce platform that allows us to sell our products and services to you.
[ONLINE STORE TERMS]
By agreeing to these Terms of Service, you state that you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, and you may not use the Service to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
[GENERAL CONDITIONS]
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred, unencrypted, and involve:
(1) Transmissions over various networks; and
(2) Changes to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without expressed written permission by us.
The heading used in this agreement is included for convenience only and will not limit or otherwise affect these Terms.
[ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION]
We are not responsible for if the information available in this website is not accurate, complete or current. The information, pictures, words, links on this website is provided for general use only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on this website is at your own risk.
This website may contain certain historical information which is provided for your reference ONLY. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on this site.
You agree that it is your responsibility to monitor changes in our site.
[MODIFICATIONS TO THE SERVICE AND PRICES]
Prices for our products on this website are subject to change without notice.
We reserve the right to modify or discontinue the Service or any part or content thereof at any time without notice.
We should not notify you or any third party of any modification, price change, suspension, or discontinuance of the Service.
[PRODUCTS OR SERVICES]
Certain products or services may be available exclusively online on the websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The color or images of our products in this website are for reference ONLY, we cannot guarantee that the color or image is accurate in your computer monitor’s display.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
We reserve the right to limit the quantity of any products or services that we offer.
We reserve the right to discontinue any product at any time without notice.
All descriptions of products are subject to change at any time without notice at the sole discretion of us.
Any offer for any product or service made on this website is void where prohibited.
We exercise the right on a case-by-case basis.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
[ACCURACY OF BILLING AND ACCOUNT INFORMATION]
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. The restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, a notice will be sent to you by email, and/or the billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
[OPTIONAL TOOLS]
We may not provide you with access to third-party tools over which we monitor, nor do we have any control or input.
You agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We have no responsibility for anything arising from or relating to your use of optional third-party tools.
Any use of optional tools through this website is entirely at your own risk and discretion, and you are approved of the terms on which tools are provided by the relevant third-party provider(s).
Any new services and/or features through this website should be subject to these Terms of Service.
[THIRD–PARTY LINKS]
Certain content, products, and services available via our Service may include materials from third parties.
The third-party link on this website may direct you to a third-party website that is not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant, nor should we have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website.
[USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS]
With or without a request form us, certain specific submissions, creative ideas, suggestions, proposals, plans, image design, or other material which you send to us by email, by postal mail, or other manners, you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium without restriction at any time, we are and shall be under no obligation:
- To maintain any comments in confidence;
- To pay compensation for any comments; or
- To respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. And you agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You agree to not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or a third party as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
[PERSONAL INFORMATION]
Your submission of personal information through this website is governed by our Privacy Policy. For more details, please view our Privacy Policy.
[ERRORS, INACCURACIES AND OMISSIONS]
We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your orders.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, this should be taken to indicate that all information in the Service or on any related website has been modified or updated.
[PROHIBITED USES]
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:
- For any unlawful purpose
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights, or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet
- To collect or track the personal information of others
- To spam, phish, harm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
[DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY]
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we can remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You agree that your use of, or inability to use, the service is at your own risk.
The service and all products and service delivered to you through this website are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, and fitness for a particular purpose, durability, title, and non-infringement.
In no case shall colors choice, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort(including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
[INDEMNIFIATION]
You agree to indemnify, defend and hold colors choice and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
[SEVERABILITY]
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
[TERMINATION]
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
[ENTIRE AGREEMENT]
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service, constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be constructed against the drafting party.
[GOVERING LAW]
These Terms of Service and any separate agreements whereby we provided you Services shall be governed by and construed in accordance with the laws of Canada.
[CHANGES TO TERMS OF SERVICE]
You can review the most current version of the Terms of Service on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use or access to our website or the Service following the posting of any changes to these Terms of Service constitutes an acceptance of those changes.