Terms of Use<p>
<strong>1.
AGREEMENT TO TERMS<br>
</strong>
</p>
<p>These Terms of Use constitute a legally binding agreement</p>
<p>made between you, whether personally or on behalf of an entity</p>
<p>(“you”) and HOA-Colors LLC ("Company", “we”, “us”, or “our”),</p>
<p>concerning your access to and use of the hoa-colors.com website</p>
<p>as well as any other media form, media channel, mobile</p>
<p>website or mobile application related, linked, or otherwise</p>
<p>connected thereto (collectively, the “Site”).
You agree that by</p>
<p>accessing the Site, you have read, understood, and agreed to</p>
<p>be bound by all of these Terms of Use.
IF YOU DO NOT</p>
<p>AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU </p>
<p>ARE EXPRESSLY PROHIBITED FROM USING THE SITE</p>
<p>AND YOU MUST DISCONTINUE USE IMMEDIATELY.</p>
<p>Supplemental terms and conditions or documents that may be</p>
<p>posted on the Site from time to time are hereby expressly</p>
<p>incorporated herein by reference.
We reserve the right, in our</p>
<p>sole discretion, to make changes or modifications to these</p>
<p>Terms of Use at any time and for any reason.
We will alert you</p>
<p>about any changes by updating the “Last updated” date of</p>
<p>these Terms of Use, and you waive any right to receive specific</p>
<p>notice of each such change.
Please ensure that you check the</p>
<p>applicable Terms every time you use our Site so that you</p>
<p>understand which Terms apply.
You will be subject to, and will</p>
<p>be deemed to have been made aware of and to have accepted,</p>
<p>the changes in any revised Terms of Use by your continued use</p>
<p>of the Site after the date such revised Terms of Use are posted.</p>
<p>The information provided on the Site is not intended for</p>
<p>distribution to or use by any person or entity in any jurisdiction</p>
<p>or country where such distribution or use would be contrary to</p>
<p>law or regulation or which would subject us to any registration</p>
<p>requirement within such jurisdiction or country.
Accordingly,</p>
<p>those persons who choose to access the Site from other</p>
<p>locations do so on their own initiative and are solely responsible</p>
<p>for compliance with local laws, if and to the extent local laws are</p>
<p>applicable.<br>
</p>
<p>
<strong>2.
INTELLECTUAL PROPERTY RIGHTS<br>
</strong>
</p>
<p>Unless otherwise indicated, the Site is our proprietary property</p>
<p>and all source code, databases, functionality, software, website</p>
<p>designs, audio, video, text, photographs, and graphics on the</p>
<p>Site (collectively, the “Content”) and the trademarks, service</p>
<p>marks, and logos contained therein (the “Marks”) are owned or</p>
<p>controlled by us or licensed to us, and are protected by</p>
<p>copyright and trademark laws and various other intellectual</p>
<p>property rights and unfair competition laws of the United States,</p>
<p>international copyright laws, and international conventions.
The</p>
<p>Content and the Marks are provided on the Site “AS IS” for your</p>
<p>information and personal use only.
Except as expressly</p>
<p>provided in these Terms of Use, no part of the Site and no</p>
<p>Content or Marks may be copied, reproduced, aggregated,</p>
<p>republished, uploaded, posted, publicly displayed, encoded,</p>
<p>translated, transmitted, distributed, sold, licensed, or otherwise</p>
<p>exploited for any commercial purpose whatsoever, without our</p>
<p>express prior written permission.<br>
</p>
<p>Provided that you are eligible to use the Site, you are granted a</p>
<p>limited license to access and use the Site and to download or</p>
<p>print a copy of any portion of the Content to which you have</p>
<p>properly gained access solely for your personal, non-</p>
<p>commercial use.
We reserve all rights not expressly granted to</p>
<p>you in and to the Site, the Content and the Marks.<br>
</p>
<p>
<strong>3.
USER REPRESENTATIONS<br>
</strong>
</p>
<p>By using the Site, you represent and warrant that: (1) you have</p>
<p>the legal capacity and you agree to comply with these Terms of</p>
<p>Use.
(2) you are not a minor in the jurisdiction in which you</p>
<p>reside.
(3) you will not access the Site through automated or</p>
<p>non-human means, whether through a bot, script or otherwise;</p>
<p>(4) you will not use the Site for any illegal or unauthorized</p>
<p>purpose.
and (5) your use of the Site will not violate any</p>
<p>applicable law or regulation.</p>
<p>If you provide any information that is untrue, inaccurate, not</p>
<p>current, or incomplete, we have the right to suspend or</p>
<p>terminate your account and refuse any and all current or future</p>
<p>use of the Site (or any portion thereof).<br>
</p>
<p>
<strong>4.
PRODUCTS<br>
</strong>
</p>
<p>We make every effort to display as accurately as possible the</p>
<p>colors, features, specifications, and details of the products</p>
<p>available on the Site.
However, we do not guarantee that the</p>
<p>colors, features, specifications, and details of the products will</p>
<p>be accurate, complete, reliable, current, or free of other errors,</p>
<p>and your electronic display may not accurately reflect the actual</p>
<p>colors and details of the products.
All products are subject to</p>
<p>availability, and we cannot guarantee that items will be in stock.</p>
<p>We reserve the right to discontinue any products at any time for</p>
<p>any reason.
Prices for all products are subject to change.<br>
</p>
<p>
<strong>5.
PURCHASES AND PAYMENT<br>
</strong>
</p>
<p>We accept the following forms of payment:</p>
<p>You agree to provide current, complete, and accurate purchase</p>
<p>and account information for all purchases made via the Site.</p>
<p>You further agree to promptly update account and payment</p>
<p>information, including email address, payment method, and</p>
<p>payment card expiration date, so that we can complete your</p>
<p>transactions and contact you as needed.
Sales tax will be</p>
<p>added to the price of purchases as deemed required by us.
We</p>
<p>may change prices at any time.
All payments shall be in</p>
<p>the manners available in the subscription details.</p>
<p>You agree to pay all charges at the prices then in effect for your</p>
<p>purchases and any applicable shipping fees, and you authorize</p>
<p>us to charge your chosen payment provider for any such</p>
<p>amounts upon placing your order.
We reserve the right to</p>
<p>correct any errors or mistakes in pricing, even if we have</p>
<p>already requested or received payment.</p>
<p>We reserve the right to refuse any order placed through the</p>
<p>Site.
We may, in our sole discretion, limit or cancel quantities</p>
<p>purchased per person, per household or HOA, or per order.
These</p>
<p>restrictions may include orders placed by or under the same</p>
<p>customer account, the same payment method, and/or orders</p>
<p>that use the same billing or shipping address.
We reserve the</p>
<p>right to limit or prohibit orders that, in our sole judgment, appear</p>
<p>to be placed by dealers, re-sellers, or distributors.<br>
</p>
<p>
<strong>6.
PROHIBITED ACTIVITIES<br>
</strong>
</p>
<p>You may not access or use the Site for any purpose other than</p>
<p>that for which we make the Site available.
The Site may not be</p>
<p>used in connection with any commercial endeavors except</p>
<p>those that are specifically endorsed or approved by us.</p>
<p>As a user of the Site, you agree not to:</p>
<p>Systematically retrieve data or other content from the</p>
<p>Site to create or compile, directly or indirectly, a</p>
<p>collection, compilation, database, or directory without</p>
<p>written permission from us.</p>
<p>Trick, defraud, or mislead us and other users, especially</p>
<p>in any attempt to learn sensitive account information</p>
<p>such as user passwords.</p>
<p>Circumvent, disable, or otherwise interfere with security-</p>
<p>related features of the Site, including features that</p>
<p>prevent or restrict the use or copying of any Content or</p>
<p>enforce limitations on the use of the Site and/or the</p>
<p>Content contained therein.</p>
<p>Disparage, tarnish, or otherwise harm, in our opinion, us</p>
<p>and/or the Site.</p>
<p>Use any information obtained from the Site in order to</p>
<p>harass, abuse, or harm another person.</p>
<p>Make improper use of our support services or submit</p>
<p>false reports of abuse or misconduct.</p>
<p>Use the Site in a manner inconsistent with any applicable</p>
<p>laws or regulations.</p>
<p>Engage in unauthorized framing of or linking to the Site.</p>
<p>Upload or transmit (or attempt to upload or to transmit)</p>
<p>viruses, Trojan horses, or other material, including</p>
<p>excessive use of capital letters and spamming</p>
<p>(continuous posting of repetitive text), that interferes with</p>
<p>any party’s uninterrupted use and enjoyment of the Site</p>
<p>or modifies, impairs, disrupts, alters, or interferes with the</p>
<p>use, features, functions, operation, or maintenance of the</p>
<p>Site.</p>
<p>Engage in any automated use of the system, such as</p>
<p>using scripts to send comments or messages, or using</p>
<p>any data mining, robots, or similar data gathering and</p>
<p>extraction tools.</p>
<p>Delete the copyright or other proprietary rights notice</p>
<p>from any Content.</p>
<p>Attempt to impersonate another user or person or use</p>
<p>the username of another user.</p>
<p>Upload or transmit (or attempt to upload or to transmit)</p>
<p>any material that acts as a passive or active information</p>
<p>collection or transmission mechanism, including without</p>
<p>limitation, clear graphics interchange formats (“gifs”), 1×1</p>
<p>pixels, web bugs, cookies, or other similar devices</p>
<p>(sometimes referred to as “spyware” or “passive</p>
<p>collection mechanisms” or “pcms”).</p>
<p>Interfere with, disrupt, or create an undue burden on the</p>
<p>Site or the networks or services connected to the Site.</p>
<p>Harass, annoy, intimidate, or threaten any of our</p>
<p>employees or agents engaged in providing any portion of</p>
<p>the Site to you.</p>
<p>Attempt to bypass any measures of the Site designed to</p>
<p>prevent or restrict access to the Site, or any portion of the</p>
<p>Site.</p>
<p>Copy or adapt the Site’s software, including but not</p>
<p>limited to Flash, PHP, HTML, JavaScript, or other code.</p>
<p>Except as permitted by applicable law, decipher,</p>
<p>decompile, disassemble, or reverse engineer any of the</p>
<p>software comprising or in any way making up a part of</p>
<p>the Site.</p>
<p>Except as may be the result of standard search engine or</p>
<p>Internet browser usage, use, launch, develop, or</p>
<p>distribute any automated system, including without</p>
<p>limitation, any spider, robot, cheat utility, scraper, or</p>
<p>offline reader that accesses the Site, or using or</p>
<p>launching any unauthorized script or other software.</p>
<p>Use a buying agent or purchasing agent to make</p>
<p>purchases on the Site.</p>
<p>Make any unauthorized use of the Site, including</p>
<p>collecting usernames and/or email addresses of users by</p>
<p>electronic or other means for the purpose of sending</p>
<p>unsolicited email, or creating user accounts by</p>
<p>automated means or under false pretenses.</p>
<p>Use the Site as part of any effort to compete with us or</p>
<p>otherwise use the Site and/or the Content for any</p>
<p>revenue-generating endeavor or commercial enterprise.<br>
</p>
<p>
<strong>7.
USER GENERATED CONTRIBUTIONS<br>
</strong>
</p>
<p>The Site does not offer users to submit or post content.
We may</p>
<p>provide you with the opportunity to create, submit, post, display,</p>
<p>transmit, perform, publish, distribute, or broadcast content and</p>
<p>materials to us or on the Site, including but not limited to text,</p>
<p>writings, video, audio, photographs, graphics, comments,</p>
<p>suggestions, or personal information or other material</p>
<p>(collectively, "Contributions").
Contributions may be viewable by</p>
<p>other users of the Site and through third-party websites.
As</p>
<p>such, any Contributions you transmit may be treated in</p>
<p>accordance with the Site Privacy Policy.
When you create or</p>
<p>make available any Contributions, you thereby represent and</p>
<p>warrant that:</p>
<p>The creation, distribution, transmission, public display, or</p>
<p>performance, and the accessing, downloading, or</p>
<p>copying of your Contributions do not and will not infringe</p>
<p>the proprietary rights, including but not limited to the</p>
<p>copyright, patent, trademark, trade secret, or moral rights</p>
<p>of any third party.</p>
<p>You are the creator and owner of or have the necessary</p>
<p>licenses, rights, consents, releases, and permissions to</p>
<p>use and to authorize us, the Site, and other users of the</p>
<p>Site to use your Contributions in any manner</p>
<p>contemplated by the Site and these Terms of Use.</p>
<p>You have the written consent, release, and/or permission</p>
<p>of each and every identifiable individual person in your</p>
<p>Contributions to use the name or likeness of each and</p>
<p>every such identifiable individual person to enable</p>
<p>inclusion and use of your Contributions in any manner</p>
<p>contemplated by the Site and these Terms of Use.</p>
<p>Your Contributions are not false, inaccurate, or</p>
<p>misleading.</p>
<p>Your Contributions are not unsolicited or unauthorized</p>
<p>advertising, promotional materials, pyramid schemes,</p>
<p>chain letters, spam, mass mailings, or other forms of</p>
<p>solicitation.</p>
<p>Your Contributions are not obscene, lewd, lascivious,</p>
<p>filthy, violent, harassing, libelous, slanderous, or</p>
<p>otherwise objectionable (as determined by us).</p>
<p>Your Contributions do not ridicule, mock, disparage,</p>
<p>intimidate, or abuse anyone.</p>
<p>Your Contributions are not used to harass or threaten (in</p>
<p>the legal sense of those terms) any other person and to</p>
<p>promote violence against a specific person or class of</p>
<p>people.</p>
<p>Your Contributions do not violate any applicable law,</p>
<p>regulation, or rule.</p>
<p>Your Contributions do not violate the privacy or publicity</p>
<p>rights of any third party.</p>
<p>Your Contributions do not violate any applicable law</p>
<p>concerning child pornography, or otherwise intended to</p>
<p>protect the health or well-being of minors;</p>
<p>Your Contributions do not include any offensive</p>
<p>comments that are connected to race, national origin,</p>
<p>gender, sexual preference, or physical handicap.</p>
<p>Your Contributions do not otherwise violate, or link to</p>
<p>material that violates, any provision of these Terms of</p>
<p>Use, or any applicable law or regulation.</p>
<p>Any use of the Site or the Marketplace Offerings in violation of</p>
<p>the foregoing violates these Terms of Use and may result in,</p>
<p>among other things, termination or suspension of your rights to</p>
<p>use the Site and the Marketplace Offerings.<br>
</p>
<p>
<strong>8.
CONTRIBUTION LICENSE<br>
</strong>
</p>
<p>You and Site agree that we may access, store, process, and</p>
<p>use any information and personal data that you provide</p>
<p>following the terms of the Privacy Policy and your choices</p>
<p>(including settings).</p>
<p>By submitting suggestions or other feedback regarding the Site,</p>
<p>you agree that we can use and share such feedback for any</p>
<p>purpose without compensation to you.</p>
<p>We do not assert any ownership over your Contributions.
You</p>
<p>retain full ownership of all of your Contributions and any</p>
<p>intellectual property rights or other proprietary rights associated</p>
<p>with your Contributions.
We are not liable for any statements or</p>
<p>representations in your Contributions provided by you in any</p>
<p>area on the Site.
You are solely responsible for your</p>
<p>Contributions to the Site and you expressly agree to exonerate</p>
<p>us from any and all responsibility and to refrain from any legal</p>
<p>action against us regarding your Contributions.<br>
</p>
<p>
<strong>9.
SUBMISSIONS<br>
</strong>
</p>
<p>You acknowledge and agree that any questions, comments,</p>
<p>suggestions, ideas, feedback, or other information regarding the</p>
<p>Site or the Marketplace Offerings ("Submissions") provided by</p>
<p>you to us are non-confidential and shall become our sole</p>
<p>property.
We shall own exclusive rights, including all intellectual</p>
<p>property rights, and shall be entitled to the unrestricted use and</p>
<p>dissemination of these Submissions for any lawful purpose,</p>
<p>commercial or otherwise, without acknowledgment or</p>
<p>compensation to you.
You hereby waive all moral rights to any</p>
<p>such Submissions, and you hereby warrant that any such</p>
<p>Submissions are original with you or that you have the right to</p>
<p>submit such Submissions.
You agree there shall be no recourse</p>
<p>against us for any alleged or actual infringement or</p>
<p>misappropriation of any proprietary right in your Submissions.<br>
</p>
<p>
<strong>10.
SITE MANAGEMENT<br>
</strong>
</p>
<p>We reserve the right, but not the obligation, to: (1) monitor the</p>
<p>Site for violations of these Terms of Use.
(2) take appropriate</p>
<p>legal action against anyone who, in our sole discretion, violates</p>
<p>the law or these Terms of Use, including without limitation,</p>
<p>reporting such user to law enforcement authorities.
(3) in our</p>
<p>sole discretion and without limitation, refuse, restrict access to,</p>
<p>limit the availability of, or disable (to the extent technologically</p>
<p>feasible) any of your Contributions or any portion thereof.
(4) in</p>
<p>our sole discretion and without limitation, notice, or liability, to</p>
<p>remove from the Site or otherwise disable all files and content</p>
<p>that are excessive in size or are in any way burdensome to our</p>
<p>systems.
and (5) otherwise manage the Site in a manner</p>
<p>designed to protect our rights and property and to facilitate the</p>
<p>proper functioning of the Site and the Marketplace Offerings.<br>
</p>
<p>
<strong>11.
TERM AND TERMINATION<br>
</strong>
</p>
<p>These Terms of Use shall remain in full force and effect while</p>
<p>you use the Site.
<em>WITHOUT LIMITING ANY OTHER</em>
</p>
<p>
<em>PROVISION OF THESE TERMS OF USE, WE RESERVE THE</em>
</p>
<p>
<em>RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT</em>
</p>
<p>
<em>NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE</em>
</p>
<p>
<em>SITE AND THE MARKETPLACE OFFERINGS (INCLUDING</em>
</p>
<p>
<em>BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON</em>
</p>
<p>
<em>FOR ANY REASON OR FOR NO REASON, INCLUDING</em>
</p>
<p>
<em>WITHOUT LIMITATION FOR BREACH OF ANY</em>
</p>
<p>
<em>REPRESENTATION, WARRANTY, OR COVENANT</em>
</p>
<p>
<em>CONTAINED IN THESE TERMS OF USE OR OF ANY</em>
</p>
<p>
<em>APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE</em>
</p>
<p>
<em>YOUR USE OR PARTICIPATION IN THE SITE AND THE</em>
</p>
<p>
<em>MARKETPLACE OFFERINGS OR DELETE ANY CONTENT</em>
</p>
<p>
<em>OR INFORMATION THAT YOU POSTED AT ANY TIME,</em>
</p>
<p>
<em>WITHOUT WARNING, IN OUR SOLE DISCRETION.<br>
</em>
</p>
<p>If we terminate or suspend your account for any reason, you</p>
<p>are prohibited from registering and creating a new account</p>
<p>under your name, a fake or borrowed name, or the name of any</p>
<p>third party, even if you may be acting on behalf of the third</p>
<p>party.
In addition to terminating or suspending your account, we</p>
<p>reserve the right to take appropriate legal action, including</p>
<p>without limitation pursuing civil, criminal, and injunctive redress.<br>
</p>
<p>
<strong>12.
MODIFICATIONS AND INTERRUPTIONS<br>
</strong>
</p>
<p>We reserve the right to change, modify, or remove the contents</p>
<p>of the Site at any time or for any reason at our sole discretion</p>
<p>without notice.
However, we have no obligation to update any</p>
<p>information on our Site.
We also reserve the right to modify or</p>
<p>discontinue all or part of the Marketplace Offerings without</p>
<p>notice at any time.
We will not be liable to you or any third party</p>
<p>for any modification, price change, suspension, or</p>
<p>discontinuance of the Site or the Marketplace Offerings.</p>
<p>We cannot guarantee the Site and the Marketplace Offerings</p>
<p>will be available at all times.
We may experience hardware,</p>
<p>software, or other problems or need to perform maintenance</p>
<p>related to the Site, resulting in interruptions, delays, or errors.</p>
<p>We reserve the right to change, revise, update, suspend,</p>
<p>discontinue, or otherwise modify the Site or the Marketplace</p>
<p>Offerings at any time or for any reason without notice to you.</p>
<p>You agree that we have no liability whatsoever for any loss,</p>
<p>damage, or inconvenience caused by your inability to access or</p>
<p>use the Site or the Marketplace Offerings during any downtime</p>
<p>or discontinuance of the Site or the Marketplace Offerings.</p>
<p>Nothing in these Terms of Use will be construed to obligate us</p>
<p>to maintain and support the Site or the Marketplace Offerings or</p>
<p>to supply any corrections, updates, or releases in connection</p>
<p>therewith.<br>
</p>
<p>
<strong>13.
GOVERNING LAW<br>
</strong>
</p>
<p>These terms shall be governed by and defined following the</p>
<p>laws of United States of America and your local location at time of access to this site.
<br>HOA-Colors and yourself irrevocably</p>
<p>consent that the courts of USA, State of Colorado, Montrose or Arapahoe Counties,<br>shall have exclusive</p>
<p>jurisdiction to resolve any dispute which may arise in</p>
<p>connection with these terms.<br>
</p>
<p>
<strong>14.
DISPUTE RESOLUTION<br>
</strong>
</p>
<p>Informal Negotiations</p>
<p>To expedite resolution and control the cost of any dispute,</p>
<p>controversy, or claim related to these Terms of Use (each</p>
<p>"Dispute" and collectively, the “Disputes”) brought by either you</p>
<p>or us (individually, a “Party” and collectively, the “Parties”), the</p>
<p>Parties agree to first attempt to negotiate any Dispute (except</p>
<p>those Disputes expressly provided below) informally for at least</p>
<p>90 days before initiating arbitration.
Such informal</p>
<p>negotiations commence upon written (email) notice from one Party to</p>
<p>the other Party.</p>
<p>Binding Arbitration</p>
<p>Any dispute arising out of or in connection with this contract,</p>
<p>including any question regarding its existence, validity, or</p>
<p>termination, shall be referred to and finally resolved by the</p>
<p>International Commercial Arbitration Court under the European</p>
<p>Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)</p>
<p>according to the Rules of this ICAC, which, as a result of</p>
<p>referring to it, is considered as the part of this clause.
The</p>
<p>number of arbitrators shall be equal in number in both parties, and limited by the<br>smaller party, the amount agreed upon by both parties or HOA-Colors LLC.
<br>The seat, or legal place, or arbitration shall be Ouray County, Colorado, USA.
<br>The language of the</p>
<p>proceedings shall be American English.
The governing law of the</p>
<p>contract shall be substantive law of State of Colorado, USA.<br>
</p>
<p>
<em>Restrictions<br>
</em>
</p>
<p>The Parties agree that any arbitration shall be limited to the</p>
<p>Dispute between the Parties individually.
To the full extent</p>
<p>permitted by law, (a) no arbitration shall be joined with any other</p>
<p>proceeding.
(b) there is no right or authority for any Dispute to</p>
<p>be arbitrated on a class-action basis or to utilize class action</p>
<p>procedures.
and (c) there is no right or authority for any Dispute</p>
<p>to be brought in a purported representative capacity on behalf</p>
<p>of the general public or any other persons.<br>
</p>
<p>
<em>Exceptions to Informal Negotiations and</em>
</p>
<p>
<em>Arbitration<br>
</em>
</p>
<p>The Parties agree that the following Disputes are not subject to</p>
<p>the above provisions concerning informal negotiations binding</p>
<p>arbitration: (a) any Disputes seeking to enforce or protect, or</p>
<p>concerning the validity of, any of the intellectual property rights</p>
<p>of a Party.
(b) any Dispute related to, or arising from,</p>
<p>allegations of theft, piracy, invasion of privacy, or unauthorized</p>
<p>use.
and (c) any claim for injunctive relief.
If this provision is</p>
<p>found to be illegal or unenforceable, then neither Party will elect</p>
<p>to arbitrate any Dispute falling within that portion of this</p>
<p>provision found to be illegal or unenforceable and such Dispute</p>
<p>shall be decided by a court of competent jurisdiction within the</p>
<p>courts listed for jurisdiction above, and the Parties agree to</p>
<p>submit to the personal jurisdiction of that court.<br>
</p>
<p>
<strong>15.
CORRECTIONS<br>
</strong>
</p>
<p>There may be information on the Site that contains</p>
<p>typographical errors, inaccuracies, or omissions that may relate</p>
<p>to the Marketplace Offerings, including descriptions, pricing,</p>
<p>availability, and various other information.
We reserve the right</p>
<p>to correct any errors, inaccuracies, or omissions and to change</p>
<p>or update the information on the Site at any time, without prior</p>
<p>notice.<br>
</p>
<p>
<strong>16.
DISCLAIMER<br>
</strong>
</p>
<p>THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE</p>
<p>BASIS.
YOU AGREE THAT YOUR USE OF THE SITE</p>
<p>SERVICES WILL BE AT YOUR SOLE RISK.
TO THE</p>
<p>FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL</p>
<p>WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION</p>
<p>WITH THE SITE AND YOUR USE THEREOF, INCLUDING,</p>
<p>WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF</p>
<p>MERCHANTABILITY, FITNESS FOR A PARTICULAR</p>
<p>PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO</p>
<p>WARRANTIES OR REPRESENTATIONS ABOUT THE</p>
<p>ACCURACY OR COMPLETENESS OF THE SITE’S</p>
<p>CONTENT OR THE CONTENT OF ANY WEBSITES LINKED</p>
<p>TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR</p>
<p>RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR</p>
<p>INACCURACIES OF CONTENT AND MATERIALS, (2)</p>
<p>PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY</p>
<p>NATURE WHATSOEVER, RESULTING FROM YOUR</p>
<p>ACCESS TO AND USE OF THE SITE, (3) ANY</p>
<p>UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE</p>
<p>SERVERS AND/OR ANY AND ALL PERSONAL</p>
<p>INFORMATION AND/OR FINANCIAL INFORMATION STORED</p>
<p>THEREIN, (4) ANY INTERRUPTION OR CESSATION OF</p>
<p>TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,</p>
<p>VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE</p>
<p>TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD</p>
<p>PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY</p>
<p>CONTENT AND MATERIALS OR FOR ANY LOSS OR</p>
<p>DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE</p>
<p>USE OF ANY CONTENT POSTED, TRANSMITTED, OR</p>
<p>OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT</p>
<p>WARRANT, ENDORSE, GUARANTEE, OR ASSUME</p>
<p>RESPONSIBILITY FOR ANY PRODUCT OR SERVICE</p>
<p>ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH</p>
<p>THE SITE, ANY HYPERLINKED WEBSITE, OR ANY</p>
<p>WEBSITE OR MOBILE APPLICATION FEATURED IN ANY</p>
<p>BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE</p>
<p>A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR</p>
<p>MONITORING ANY TRANSACTION BETWEEN YOU AND</p>
<p>ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR</p>
<p>SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR</p>
<p>SERVICE THROUGH ANY MEDIUM OR IN ANY</p>
<p>ENVIRONMENT, YOU SHOULD USE YOUR BEST</p>
<p>JUDGMENT AND EXERCISE CAUTION WHERE</p>
<p>APPROPRIATE.<br>
</p>
<p>
<strong>17.
LIMITATIONS OF LIABILITY<br>
</strong>
</p>
<p>IN NO EVENT WILL WE OR OUR DIRECTORS,</p>
<p>EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY</p>
<p>THIRD PARTY FOR ANY DIRECT, INDIRECT,</p>
<p>CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,</p>
<p>OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST</p>
<p>REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING</p>
<p>FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN</p>
<p>ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY</p>
<p>CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY</p>
<p>CAUSE WHATSOEVER AND REGARDLESS OF THE FORM</p>
<p>OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE</p>
<p>LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US (FOR <br>THE MOST RECENT CALENDAR MONTH).
CERTAIN US STATE LAWS AND</p>
<p>INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON</p>
<p>IMPLIED WARRANTIES OR THE EXCLUSION OR</p>
<p>LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS</p>
<p>APPLY TO YOU, SOME OR ALL OF THE ABOVE</p>
<p>DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,</p>
<p>AND YOU MAY HAVE ADDITIONAL RIGHTS.<br>
</p>
<p>
<strong>18.
INDEMNIFICATION<br>
</strong>
</p>
<p>You agree to defend, indemnify, and hold us harmless, including</p>
<p>our subsidiaries, affiliates, and all of our respective officers,</p>
<p>agents, partners, and employees, from and against any loss,</p>
<p>damage, liability, claim, or demand, including reasonable</p>
<p>attorneys’ fees and expenses, made by any third party due to or</p>
<p>arising out of: (1) use of the Site.
(2) breach of these Terms of</p>
<p>Use.
(3) any breach of your representations and warranties set</p>
<p>forth in these Terms of Use.
(4) your violation of the rights of a</p>
<p>third party, including but not limited to intellectual property</p>
<p>rights.
or (5) any overt harmful act toward any other user of the</p>
<p>Site with whom you connected via the Site.
Notwithstanding the</p>
<p>foregoing, we reserve the right, at your expense, to assume the</p>
<p>exclusive defense and control of any matter for which you are</p>
<p>required to indemnify us, and you agree to cooperate, at your</p>
<p>expense, with our defense of such claims.
We will use</p>
<p>reasonable efforts to notify you of any such claim, action, or</p>
<p>proceeding which is subject to this indemnification upon</p>
<p>becoming aware of it<br>.</p>
<p>
<strong>19.
USER DATA<br>
</strong>
</p>
<p>We will maintain certain data that you transmit to the Site for the</p>
<p>purpose of managing the performance of the Site, as well as</p>
<p>data relating to your use of the Site.
Although we perform</p>
<p>regular routine backups of data, you are solely responsible for</p>
<p>all data that you transmit or that relates to any activity you have</p>
<p>undertaken using the Site.
You agree that we shall have no</p>
<p>liability to you for any loss or corruption of any such data, and</p>
<p>you hereby waive any right of action against us arising from any</p>
<p>such loss or corruption of such data.<br>
</p>
<p>
<strong>20.
ELECTRONIC COMMUNICATIONS,</strong>
</p>
<p>
<strong>TRANSACTIONS, AND SIGNATURES<br>
</strong>
</p>
<p>Visiting the Site, sending us emails, and completing online</p>
<p>forms constitute electronic communications.
You consent to</p>
<p>receive electronic communications, and you agree that all</p>
<p>agreements, notices, disclosures, and other communications</p>
<p>we provide to you electronically, via email and on the Site,</p>
<p>satisfy any legal requirement that such communication be in</p>
<p>writing.
YOU HEREBY AGREE TO THE USE OF</p>
<p>ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND</p>
<p>OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF</p>
<p>NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS</p>
<p>INITIATED OR COMPLETED BY US OR VIA THE SITE.
You</p>
<p>hereby waive any rights or requirements under any statutes,</p>
<p>regulations, rules, ordinances, or other laws in any jurisdiction</p>
<p>which require an original signature or delivery or retention of</p>
<p>non-electronic records, or to payments or the granting of credits</p>
<p>by any means other than electronic means.<br>
</p>
<p>
<strong>21.
MISCELLANEOUS<br>
</strong>
</p>
<p>These Terms of Use and any policies or operating rules posted</p>
<p>by us on the Site or in respect to the Site constitute the entire</p>
<p>agreement and understanding between you and us.
Our failure</p>
<p>to exercise or enforce any right or provision of these Terms of</p>
<p>Use shall not operate as a waiver of such right or provision.</p>
<p>These Terms of Use operate to the fullest extent permissible by</p>
<p>law.
We may assign any or all of our rights and obligations to</p>
<p>others at any time.
We shall not be responsible or liable for any</p>
<p>loss, damage, delay, or failure to act caused by any cause</p>
<p>beyond our reasonable control.
If any provision or part of a</p>
<p>provision of these Terms of Use is determined to be unlawful,</p>
<p>void, or unenforceable, that provision or part of the provision is</p>
<p>deemed severable from these Terms of Use and does not affect</p>
<p>the validity and enforceability of any remaining provisions.</p>
<p>There is no joint venture, partnership, employment or agency</p>
<p>relationship created between you and us as a result of these</p>
<p>Terms of Use or use of the Site.
You agree that these Terms of</p>
<p>Use will not be construed against us by virtue of having drafted</p>
<p>them.
You hereby waive any and all defenses you may have</p>
<p>based on the electronic form of these Terms of Use and the lack</p>
<p>of signing by the parties hereto to execute these Terms of Use.<br>
</p>
<p>
<strong>22.
CONTACT US</strong>
</p>
<p>In order to resolve a complaint regarding the HOA-Colors LLC Site or to receive</p>
<p>further information regarding use of the Site, please contact us</p>
<p>at: info@hoa-colors.com, admin@hoa-colors.com, or by using the Contact form <br>by following the "Contact" link in the footer, located at the bottom<br>of every page.
Thank you for reading this.
We Respect Your Privacy, and FREEDOM.</p>
<p>We encourage you to visit and learn about the Free Software Foundation at fsf.org , The Electronic Frontier Foundation at eff.org , and The GNU project at gnu.org</p>Terms of Use