HOA-COLORS

Terms of Service




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





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