Terms of Use
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY BEFORE USING THIS WEBSITE:
LAST UPDATED/REVISED: JANUARY 2, 2018
Welcome, and thank you for visiting www.lovegoodcolor.com (the “Website” or “Site”), owned and operated by LOVE GOOD COLOR, PBC (“Love Good Color”). Your use of the Website is expressly conditioned on your acceptance of the following terms and conditions (the “Terms”). Please be sure to review all of the Terms, which include our Privacy Policy, before proceeding to use the Website. By using the Website, you signify your agreement with and acceptance of all of the Terms. If you don’t agree to and accept the Terms, you are not permitted to access or use our Website. We may change the Terms from time to time without notice, and you are responsible for reviewing the Terms for any changes. If you continue to use the Website after any change in Terms, then you shall be deemed for all purposes to agree to and shall be bound by the revised Terms.
1. OWNERSHIP AND USE OF INTELLECTUAL PROPERTY.
In addition to the Terms, your use of the Website is subject to applicable laws governing ownership and use of intellectual property, including the trademark and copyright interests of Love Good Color.
Love Good Color trademarks, trade dress and service marks (collectively, the “Trademarks”), which include LOVE GOOD COLOR®, the company name and logos, and other names, logos, graphics, scripts, icons and service names of Love Good Color’s products, services, presentations and programs, are protected under the trademark laws of the United States and other countries. LOVE GOOD COLOR® is a registered trademark of Laura Guido-Clark Design, LLC. Any other trademarks or service marks that may appear on the Website are the property of their respective owners (who may or may not be affiliated with, sponsored by or otherwise connected with Love Good Color). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade dress or service marks, and you may not use any of the Trademarks without the prior written permission of Love Good Color.
The Website and each of its components (collectively, the “Content”), including the text, graphics, products, patterns, prints, designs, icons, images, photographs, audio and video clips, digital downloads, interfaces and code, information and data, and the selection and arrangement thereof, is protected, including as a compilation, under the copyright laws of the United States and other countries. The Content is owned or licensed by Love Good Color, with the exception of limited portions of content that may be owned by third-party providers and distributors and used on the Website with permission. None of the Content found on the Website may be copied, reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Love Good Color (except as specifically indicated below in the “Use of Site” section of the Terms).
If any party infringes upon, misappropriates or uses our Content or Trademarks without our express written consent, Love Good Color will protect and enforce its rights by pursuing any injunctive relief, equitable remedies, and monetary damages permitted under the law. If you violate the Terms and use or misappropriate any Content or Trademarks without the express written consent of Love Good Color, you agree that Love Good Color shall be entitled to receive legal costs and expenses (including reasonable attorney fees) incurred in seeking to protect and enforce its rights.
2. USE OF SITE.
You may use the Website only to browse the Content, make inquiries or submissions to Love Good Color and to order products (including LOVE GOOD COLOR® products), and not for any other purposes. You may download to a single computer, display and print a copy of the materials presented on this Website only in connection with shopping or placing an order on the Website or for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark, service mark or other legal notice that appears within the Content.
When you use the Website, you agree that you will never: (i) use Content for unauthorized purposes; (ii) frame Content or make Content display next to someone else’s name, logo, trademark, or trade dress; (iii) scrape Content; (iv) try to interrupt, delay, or intercept data transmissions from the Website, or take any similar action, so that others’ ability to access the Website is diminished; or (v) use any name or Trademark of Love Good Color, including LOVE GOOD COLOR®, in any metatag, hidden text, or other similar technique without our prior written consent.
Some features of the Website may permit or require registration or setting up a user account. By registering or setting up a user account, you agree that all information you provide about yourself is true, accurate, current and complete. Some features of the Website may require a password. You are responsible for protecting your password and agree that you will be responsible for all statements or activity associated with your account and password. If you ever believe there has been an unauthorized use of your password, you must notify us immediately. You agree never to use or attempt to use another person’s account or personal information or otherwise attempt to gain unauthorized access to any part of the Website.
Love Good Color shall not be responsible or liable for any Content posted on the Website (including for third party claims of infringement relating to Content posted on the Website), for your use of the Website, or for the conduct of third parties on or otherwise relating to the Website (including for third party claims of infringement relating to Content posted on the Website). You assume full responsibility and all risks arising from use of the Website or from the passage of data across the Internet, which is not secure and which is subject to delays and impairments of functionality and service.
We reserve the right to block anyone’s access to the Website at any time.
3. DISCLAIMER & EXCLUSION OF WARRANTIES.
LOVE GOOD COLOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED THROUGH THE WEBSITE, ALL OF WHICH ARE MADE AVAILABLE STRICTLY ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. LOVE GOOD COLOR DOES NOT GUARANTEE THAT ANY CONTENT, PRODUCT OR SERVICE OBTAINED FROM OR THROUGH THE WEBSITE WILL BE USEFUL OR WILL SATISFY YOUR NEEDS OR REQUIREMENTS. LOVE GOOD COLOR® AND IT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS DO NOT MAKE AND EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LOVE GOOD COLOR DOES NOT GUARANTEE THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, OR THAT IT WILL BE FREE OF DEFECTS, MALWARE, OR OTHER HARMFUL ITEMS. LOVE GOOD COLOR WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE LOVE GOOD COLOR COMPUTER SYSTEM, OR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
4. LIMITATION OF LIABILITIES.
LOVE GOOD COLOR WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO THE WEBSITE, ITS CONTENT, THE LOVE GOOD COLOR NEWSLETTER, ITS CONTENT OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED FROM OR THROUGH THE WEBSITE OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR ORDINARY NEGLIGENCE), EXCEPT FOR LOSS OR DAMAGE RESULTING DIRECTLY FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LOVE GOOD COLOR.
IN NO EVENT WILL LOVE GOOD COLOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF LOVE GOOD COLOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR DAMAGES, AND UNDER NO CIRCUMSTANCES SHALL LIABILITY OF LOVE GOOD COLOR, FOR LOSSES OR DAMAGES OF ANY KIND, EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
5. INDEMNIFICATION.
You agree to indemnify and hold harmless each of Love Good Color and its owners, officers, directors, employees, affiliates and agents from and against any and all harm, loss, costs, expenses and damages, including without limitation attorney’s fees, resulting directly or indirectly, from your use of the Website, your violation of the Terms, or any content or materials that you submit to the Website or otherwise make available to Love Good Color.
6. SUBMISSIONS.
“Submissions” or “Submitted Material” means any and all comments, feedback, suggestions, ideas, plans, proposals, designs, images, photos, stories, information or materials that you submit to Love Good Color via email, postal mail, delivery service or other means. You may have the ability to make Submissions, and may even be invited or encouraged to do so (for example, when we run a contest or ask for product reviews or testimonials).
DO NOT submit proprietary or confidential information or ideas to us, except for the information required to place an order.
You agree that by sending any Submission to Love Good Color, whether at our request (such as a contest entry or testimonial) or unsolicited, you grant us a worldwide, perpetual, irrevocable, unrestricted, transferrable, royalty-free right to make, use, sell, reproduce, modify, adapt, publish, transmit, make available, translate, create derivative works from, distribute and display the Submitted Material in any media or format (a “Nonexclusive License”) for any purpose whatsoever, with no payment or other compensation to you. In making a Submission, you are not giving up any intellectual property ownership of the Submitted Material, but you are giving us a free, nonexclusive license to use it for any purpose Love Good Color sees fit.
Whenever you make a Submission, you represent and warrant that you have the right to send the Submitted Material to us and grant us the Nonexclusive License, that the Submitted Material is accurate and truthful, and none of the Submitted Material violates or will violate or infringe on the intellectual property, confidentiality, privacy or other rights or interests of anyone else.
7. PRODUCT & SERVICE AVAILABILITY; BACKORDERS (OUT OF STOCK).
Reference to any product or service on the Website does not constitute an offer to sell or supply that product or service, and it does not mean that the product or service is available. Items may appear on the Website that are designated as being “out of stock” or “backordered”. In most cases, we will make or obtain more of these items, but there is no guarantee that we will do so just because the items appear on the Website.
8. APPEARANCE OF COLORS.
Love Good Color attempts to display the colors of our products as accurately as possible on the Website. However, the actual colors you see when viewing the Website will depend on the qualities, capabilities and settings of your computer and monitor, and we cannot guarantee that your monitor’s display of any colors will be accurate.
9. INNACURACIES & ERRORS.
Although we attempt to reflect the latest developments and current information on the Website regarding our company, products and services, we do not warrant the accuracy, completeness, effectiveness or suitability of any information, data or other Content contained in the Website. All Content on the Website is presented “AS IS” and may include technical inaccuracies or typographical errors. Love Good Color reserves the right to make additions, deletions, or modifications to information, data or other Content on the Website without prior notice at any time.
10. PRICES & AVAILABILITY.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. If a product or service is listed at an incorrect price due to a typographical error, an error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.
The listing, description of, or reference to a product or service on the Website does not guarantee that the product or service is presently available, or will be available in the future, and does not constitute an offer to sell or supply that product or service. Items may appear on the Website that are designated as being “out of stock” or “backordered” on the product description page or when placed in your shopping cart. In most cases, we will make or obtain more of these items, but there is no guaranty that we will do so just because the items appear on the Website.
Merchandise in high demand may occasionally appear to be available when your order is placed that is no longer available when your order is received at our fulfillment center. If a product’s availability changes after you place an order, we will contact you by email as soon as possible to find out if you want us to wait and ship the product when it is available, or if you would rather either make another selection or receive a credit or refund.
11. ORDER ACCEPTANCE.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, and we may require additional verifications or information before accepting any order we receive. The contract for sale of goods is not entered into between Love Good Color and any customer until we charge a valid credit card or otherwise accept payment for the ordered goods. We reserve the right at any time after receipt of an order, without prior notice, to partially fill the order without including any ordered items that are not available to ship.
12. PAYMENT, SHIPPING & RETURNS.
The policies regarding Payment, Shipping & Returns are provided below:
Love Good Color Return Policy & Procedures
RETURNING A DEFECTIVE ITEM
If you receive a damaged Love Good Color product, contact us at info@lovegoodcolor.com and we will make sure the defective product or components are repaired, replaced or exchanged. Defective products may only be returned to us with customer proof-of-purchase.
RETURNING A NON-DEFECTIVE ITEM
All sales are final. Non-defective items may not be returned.
CONSUMABLES
Opened consumables (i.e, paper fan decks and replacement chips) are not returnable.
12. PRIVACY POLICY.
Our website is not intentionally directed at children under the age of 13. We do not knowingly collect information from children under the age of 13.
During the ordering process you are required to provide your name, invoice address, delivery address, email address, telephone number and credit card information. You can also sign up for the Love Good Color Newsletter, which provides news about Love Good Color and new product updates, notices about upcoming events, sales, special offers, etc., on the Website, without placing an order, by simply supplying your name and email address. We use this information to send you to send email or conventional mail to you (including the Love Good Color Newsletter), to let you know by email of new products or services, to perform statistical analyses measuring relative interest in the various areas of our site and customer profiles.
In addition we employ website cookies and other tools (such as web analytic tools and pixel tags) to recognize users and to track individual shopping carts through the ordering process. We do not, under any circumstances, share email addresses or the information we track on the Website, in any personally identifiable form, with advertisers or other third parties, or release personal information about any individual visitors to the website. At your request, we will remove you from the Love Good Color Newsletter email update service subscriber list. Just click on the ‘unsubscribe’ link at the foot of any Love Good Color Newsletter email and follow the prompts to do so. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THIS WEBSITE OR THE LOVE GOOD COLOR NEWSLETTER OR THE PRIVACY POLICIES OF ANY WEBSITES TO WHICH THIS WEBSITE OR THE LOVE GOOD COLOR NEWSLETTER MAY LINK.
14. MISCELLANEOUS.
Love Good Color is located in and manages the Website from Berkeley, CA. By visiting the Website, you agree that these Terms and any dispute that could arise between you and Love Good Color regarding your visit to and use of our Website or products purchased through the Site shall be governed by and construed according to the laws of the State of California, exclusive of its choice of law provisions. The parties agree that any disputes or proceedings between them concerning the Website, these Terms or products purchased through the Website shall be brought in a federal or state court of competent jurisdiction sitting in Oakland, California, and the parties hereby consent to the personal jurisdiction and venue of such court.
If any provision of these Terms is held to be invalid or unenforceable by virtue of any law or regulation or by the final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall be modified to give effect to the original intent of the parties. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver or ongoing waiver of any provision or right.
The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Love Good Color as a result of these Terms or your use of our Website.
These Terms constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms) between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. MODIFICATION OF TERMS & CONDITIONS.
Love Good Color may at any time modify these Terms, in our discretion, without notice. Your use of the Website, in each instance, will be conditioned upon your acceptance of and agreement to the Terms posted on the Site at the time of use. You should review these Terms regularly to learn about any changes.
HOW TO CONTACT US:
If you have any comments or questions concerning any portion of our Terms, including our Privacy Policy, please do not hesitate to contact us at info@lovegoodcolor.com