Terms and Conditions
<p>PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this site.<br>
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<strong>Copyright</strong>
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The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Perfect Color Ventures, LLC DBA MyPerfectColor.
The collective work includes works that are licensed to Perfect Color Ventures, LLC DBA MyPerfectColor.
Copyright 2018, Perfect Color Ventures, LLC DBA MyPerfectColor ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Perfect Color Ventures, LLC DBA MyPerfectColor or purchasing Perfect Color Ventures, LLC DBA MyPerfectColor products.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Perfect Color Ventures, LLC DBA MyPerfectColor or to purchase Perfect Color Ventures, LLC DBA MyPerfectColor products.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Perfect Color Ventures, LLC DBA MyPerfectColor.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.<br>
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<strong>Trademarks</strong>
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MyPerfectColor and Anycolor Paint Samples and any other trademarks, service marks and trade names of Perfect Color Ventures, LLC DBA MyPerfectColor used in the site are trademarks or registered trademarks of Perfect Color Ventures, LLC DBA MyPerfectColor.
All AnyColor Paint Samples are made with Benjamin Moore paint.
References to paint brands, paint colors, trademarks and trade dress other than Benjamin Moore paint brands, colors, trademarks and trade dress are for reference and comparison purposes only and to identify source.
MyPerfectColor.com is not affiliated with and does not sponsor any of the aforementioned non-Benjamin Moore paint brands, colors, trademarks or trade dress.
Use by or display on this website of other parties' trademarks, trade dress or products is not intended to, and does not imply a relationship with, or endorsements or sponsorship of, this website by the trademark, tradename, or trade dress owners.
All trademarks, tradenames and trade dress are the property of their respective owners.<br>
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<strong>Warranty Disclaimer</strong>
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This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, Perfect Color Ventures, LLC DBA MyPerfectColor disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Perfect Color Ventures, LLC DBA MyPerfectColor does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Perfect Color Ventures, LLC DBA MyPerfectColor 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.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.<br>
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<strong>Limitation of Liability</strong>
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Perfect Color Ventures, LLC DBA MyPerfectColor shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Perfect Color Ventures, LLC DBA MyPerfectColor has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>
Color images displayed on the website show approximate color only and are not intended to show exact paint color.
Variations in monitors and monitor calibrations will affect the display of colors on the website. .
Benjamin Moore color formulations are prepared by Benjamin Moore. .
Color formulations for non-Benjamin Moore color formulations are calculated matches based on color paint chips (fandecks) from the original manufacturer of the color.
Since all color chips are affected by age, light, heat, and mechanical coating processes, paint color chips may vary slightly in color, or finish from the actual paint in the container.
Depending on clarity and depth of color, some colors may require multiple coats.
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MyPerfectColor limits its responsibility to the value of the paint sample can and will only replace or refund the sample can in the event of a mistake or extreme variation in color.
We recommend that once you decide on the color based on the paint color sample, that you bring the paint sample can with you to your local paint store and ask them to give you the color in the can.
If you simply ask for the paint based on the paint color name, then due to the potential for variation as explained above, you may end up with a color that is slightly different than your paint color sample.
Please always double check your paint colors before painting.
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MyPerfectColor.com will not accept any responsibility for any differences between the paint color sample and paint bought at a local paint store.
In the event of a mistake or an extreme difference in color, MyPerfectColor.com limits its responsibility to the value of the paint sample can.
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Since all paint colors are custom made to order, all sales are final.
No returns or refunds will be offered.
In the event of a mistake, then please contact customer service for a replacement or refund.<br>
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<strong>Shipping Damage</strong>
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MyPerfectColor will offer a full refund or replacement in the event of the paint being completely damaged and unusable during shipment.
Even though MyPerfectColor uses appropriate packaging, paint can be damaged during shipment.
However, if only a small amount of paint leaks or if cans get dented during shipment, the paint itself is undamaged and fully usable without any reduction in quality.
In these cases MyPerfectColor will not offer a refund or replacement.<br>
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<strong>Typographical Errors</strong>
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In the event that a Perfect Color Ventures, LLC DBA MyPerfectColor product is mistakenly listed at an incorrect price, Perfect Color Ventures, LLC DBA MyPerfectColor reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Perfect Color Ventures, LLC DBA MyPerfectColor reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, Perfect Color Ventures, LLC DBA MyPerfectColor shall issue a credit to your credit card account in the amount of the incorrect price.<br>
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<strong>Term.
Termination</strong>
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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 Myperfectcolor, LLC without notice at any time, for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.<br>
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<strong>Notice</strong>
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Perfect Color Ventures, LLC DBA MyPerfectColor may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Perfect Color Ventures, LLC DBA MyPerfectColor.<br>
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<strong>Miscellaneous</strong>
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Your use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Perfect Color Ventures, LLC DBA MyPerfectColor products) shall be in the state or federal courts located in Los Angeles County, California.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Perfect Color Ventures, LLC DBA MyPerfectColor products) must be commenced within one (1) year after the claim or cause of action arises. Perfect Color Ventures, LLC DBA MyPerfectColor's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Perfect Color Ventures, LLC DBA MyPerfectColor may assign its rights and duties under this Agreement to any party at any time without notice to you.<br>
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<strong>Use of Site</strong>
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Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Perfect Color Ventures, LLC DBA MyPerfectColor or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.<br>
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<strong>Participation Disclaimer</strong>
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Perfect Color Ventures, LLC DBA MyPerfectColor does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Perfect Color Ventures, LLC DBA MyPerfectColor is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
However, Perfect Color Ventures, LLC DBA MyPerfectColor reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or.
other intellectual property right of another or (d) offensive or otherwise unacceptable to Perfect Color Ventures, LLC DBA MyPerfectColor in its sole discretion.<br>
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<strong>Indemnification</strong>
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You agree to indemnify, defend, and hold harmless Perfect Color Ventures, LLC DBA MyPerfectColor, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.<br>
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<strong>Third-Party Links</strong>
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In an attempt to provide increased value to our visitors, Perfect Color Ventures, LLC DBA MyPerfectColor may link to sites operated by third parties.
However, even if the third party is affiliated with Perfect Color Ventures, LLC DBA MyPerfectColor, MyPerfectColor has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Perfect Color Ventures, LLC DBA MyPerfectColor.
These linked sites are only for your convenience and therefore you access them at your own risk.
Nonetheless, Perfect Color Ventures, LLC DBA MyPerfectColor seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).