Effective Date: July 1, 2009
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE (sometimes this or the “Site”), YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
Color Mid-Atlantic produces this Site. The content of this Site is protected under applicable copyright and trademark laws including without limitation United States federal laws.
You have permission to temporarily download one copy of the materials on the Site for transitory viewing only. Except as provided in the proceeding sentence, you are not allowed to use the site for any commercial purpose. This is the grant of a limited, revocable license, not a transfer of title, and under this license you may not: (1) modify or copy the materials, use the materials for any commercial purpose, except as provided above, or for any public display (commercial or noncommercial); (2) attempt to decompile or reverse engineer any software contained on the Site; (3) remove any copyright or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Color Mid-Atlantic at any time, in its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Because of the possibility of human and mechanical error as well as other factors, Color Mid-Atlantic is not responsible for any errors in or omissions from the information contained in or accessed through this Site. Color Mid-Atlantic shall not be liable for any damages or injury resulting from users’ access to or inability to access this Site or from reliance on any information at this Site.
Color Mid-Atlantic does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Color Mid-Atlantic does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. Color Mid-Atlantic may make improvements and/or changes to its features, functionality or content at any time.
Color Mid-Atlantic has taken efforts to display as accurately as possible the colors of the products shown on this Site. However, because the colors you see will depend on your monitor, Color Mid-Atlantic cannot guarantee that your monitor’s display of any color will be accurate.
ALL INFORMATION ON OR FROM THIS SITE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.
COLOR MID-ATLANTIC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT THEREON. COLOR MID-ATLANTIC AND ITS AFFILIATES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
LIMITATION OF LIABILITY. COLOR MID-ATLANTIC AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY. COLOR MID-ATLANTIC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE. COLOR MID-ATLANTIC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS OR LOST OPPORTUNITY) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT EVEN IF COLOR MID-ATLANTIC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, COLOR MID-ATLANTIC’S AND/OR ITS AFFILIATES’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO USD $1.00.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state or local provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.
This Site may provide links or references on the Site to other Web sites. Color Mid-Atlantic may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. Color Mid-Atlantic provides these links or references as a convenience only. Color Mid-Atlantic is not responsible for the privacy practices or the content of linked or referenced sites. Any reference to a hypertext link obtained from this Site, or to a specific product, process, location or service, does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between Color Mid-Atlantic and anything found at any such linked site, including, but not limited to, any organization, product, process, service or other information. Furthermore, your linking to another site is entirely at your own risk. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of Color Mid-Atlantic.
As with the Site itself, in no event shall Color Mid-Atlantic, its parent, affiliates, divisions, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Site, even if informed of the possibility of such damages.
Certain sections of this Site may require you to register. If registration is requested, you agree to provide Color Mid-Atlantic with accurate, complete registration information. It is your responsibility to inform Color Mid-Atlantic of any changes to that information by accessing the registration portion of the Site. Unless otherwise indicated, each registration is for a single user only. While Color Mid-Atlantic does not encourage any other person using the registered sections under your name, you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Color Mid-Atlantic immediately by emailing email@example.com. Notwithstanding this provision, Color Mid-Atlantic makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registration.
If you link to the Site, you must give Color Mid-Atlantic prior notice of such link by sending an e-mail to firstname.lastname@example.org, and you must agree to discontinue providing links to this Site if requested by Color Mid-Atlantic. If you wish to provide links to a section within the Site, you should forward your request to Color Mid-Atlantic at the email address set forth above. Notwithstanding this, you may not provide links to a section within the Site without the prior express written permission signed by an officer of Color Mid-Atlantic.
Color Mid-Atlantic claims copyright in this Site to the fullest extent allowed by applicable law. The works of authorship contained in this Site and the domain www.colormid.com, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by Color Mid-Atlantic and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Color Mid-Atlantic’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
Security and Shopping
When you make a purchase from Colormid.com, we collect your name and payment method information, such as credit card information. We collect this information in order to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, address and phone number of the intended recipient(s).
Please note that there may be certain orders that Color Mid-Atlantic may be unable to accept and must cancel. Color Mid-Atlantic reserves the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. Color Mid-Atlantic may also require additional verifications or information before accepting any order. Color Mid-Atlantic will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, Color Mid-Atlantic will issue a credit to your credit card in the amount of the charge.
When you enter this site for possible purchase of goods, Color Mid-Atlantic requests a zip code to present pricing information. While Color Mid-Atlantic strives to provide accurate product and pricing information, pricing or typographical errors may occur. Color Mid-Atlantic cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Color Mid-Atlantic shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Color Mid-Atlantic may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Color Mid-Atlantic strives to provide you with correct prices on Colormid.com as well as in our stores. However, sometimes a price online does not match the price in a store. In our effort to provide goods online as well as in store in your particular geographic region, store pricing will sometimes differ from online prices. Our stores do not honor Internet pricing or competitor advertisements from outside of a store’s local trade territory.
Quantity Limits & Dealer Sales
Color Mid-Atlantic reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Color Mid-Atlantic will provide notification to the customer should such limits be applied. Color Mid-Atlantic also reserves the right, at our sole discretion, to prohibit sales to dealers.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that any Color Mid-Atlantic affiliated Websites contain materials that constitute copyright infringement, please notify us in writing as follows:
78 Henry St
Secaucus, NJ 07094
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
Your address, telephone number and e-mail address;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing the copyrighted work;
A clear description of where the infringing material is located on the Color Mid-Atlantic Websites, including its URL, so that Color Mid-Atlantic can locate the material;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
Thank you for taking the time to read our terms and conditions.