You understand that these Terms are a legally binding contract between you, the user (“you(r)” or “user(s))”), and The Color Mage (“Us,” “We,” “Our” or “Bernard Charles”). We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. Please review these Terms carefully.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This is explained more in detail under Section 19.
The Color Mage utilizes Automattic Inc. (“Wordpress.com”) and PayPal to deliver the Services. To use the Services, you may be required to provide personal information such as your name, email address, phone number, and brief descriptions, etc. to us, WordPress, Paypal and/or any third-party providers (“Third-Party Service Providers”) we use to deliver the Services. Third-Party Service Providers may hold this information on their servers and The Color Mage can see and view some of the information collected. Therefore, each of the Third-Party Service Providers (WordPress, PayPal, The Color Mage, and any additional third-party service providers) are separately responsible for the personal information received. That means that we cannot be responsible or liable for what any Third-Party Service Provider does with any information received from you. Third-Party Service Providers are solely responsible for the privacy procedures they put in place and what they do with your information.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, however, you must comply with the following at all times:
- You will only use the Services for educational purposes and in a way that does not infringe upon the rights of any others, including intellectual property rights;
- You will not use the Services in a way that restricts or inhibits the use and enjoyment of the Services by any other user or third-party;
- You will not post or communicate offensive, obscene, vulgar, distressful, libelous, false, or defamatory language on the Site or through the Services;
- You will not violate any of these Terms;
- You will not steal, reverse engineer, and/or attempt to obtain source code, or illegally harvest any other aspects of the Services;
- You will not do anything to interfere with the proper functioning of the Services, including, but not limited to, planting viruses, harming systems, etc.;
- You will pay all amounts owed under any transaction you participate in through the Services including any applicable tax as may be necessary; and
- You will follow all Policies and Terms herein The Color Mage
The Color Mage reserves the right to terminate your access to the Services at any time, and without prior notice, with or without reason. However, your use of the Services will be suspended indefinitely if you violate any of the above. Termination of access does not limit any of The Color Mage’s rights or remedies in law or in equity.
3. Purchase of Products. In exchange for the purchase of products via The Color Mage, you acknowledge and agree that you have no right to reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our products and services in any manner. The Color Mage reserves the right to suspend indefinitely your ability to purchase Products if you violate the terms of this license. Termination of your ability to purchase does not limit any of The Color Mage’s rights or remedies in law or equity.
The purchase of products and services does not constitute legal advice or an offer of legal services, nor does it create an attorney-client relationship or any presumption of attorney-client privilege between you and The Color Mage nor does it constitute financial or health advice. The Color Mage products and services are intended for personal use and are not a substitute for the advice or services of an attorney or an industry professional. If you need advice for a specific problem, you should consult with a licensed professional in your jurisdiction.
We utilize WordPress, a third-party service provider, to deliver our newsletter. Please note that the manner in which third-party services use, store, and disclose your information is governed solely by the policies of such third parties, and The Color Mage shall have no liability or responsibilities for the privacy practices or other actions of any third-party site or service. The Color Mage is not responsible for the accuracy, advice, or statements made available in connection with third-party services and therefore is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. You acknowledge that The Color Mage has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Services. The Color Mage acts solely as a facilitator, and you, or any entity you are authorized to represent, do not have an agency, partnership, joint venture, employment, or franchisee relationship with The Color Mage by utilizing our Services.
6. Limitations on Purchase: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The items ordered on through our Services are for their intended purposes and not for resale or general distribution.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, if necessary, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Returns/Refunds: We do not offer refunds once you have purchased and downloaded a Product. If there are any technical issues in our delivery of any Product or Service, please contact us at .
8. Services and Products: We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. Modification to Services and Product Prices: The Color Mage reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part or content thereof) and/or Products with or without notice. The Color Mage may also change the price of Products. You agree that The Color Mage shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Services or any Products.
10. Accuracy, Completeness and Timeliness of Information. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for educational, informational, and Product sales purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. AGAIN THIS SITE DOES NOT CONSTITUTE LEGAL, MEDICAL, OR FINANCIAL ADVICE AND IS NOT AN OFFER OF LEGAL, FINANCIAL OR MEDICAL SERVICES.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
11. Errors, Inaccuracies, and Omissions: Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Third-Party Links: Certain content, Products, and Services available via our Service may include materials and links to/from third-party websites for informational purposes.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions or reliance made in connection with any third-party websites or products. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. Our Intellectual Property: Intellectual property, including copyrights, patents, trademarks and other property or proprietary rights (registered and unregistered), located in and on this Site and displayed on our Products are owned and/or licensed by The Color Mage or otherwise used by The Color Mage as permitted by applicable law. The Color Mage reserves all of its rights to its content including, but not limited to, it’s logo, branding, written content, including blog content, products, etc. Nothing in these Terms grant you a right or license to use any trademark, design right, content, or copyright owned or controlled by The Color Mage or any other third-party, except as may be expressly provided in an applicable Product or Service as detailed in that Product or Service.
14. User Communications: If, you submit written content, communications, or other materials, whether online, by email, by postal mail, including via our online contact form, or otherwise (collectively, “Communications”), you understand that these communications are NOT CONFIDENTIAL AND DO NOT CONSTITUTE COMMUNICATIONS SUBJECT TO PRIVILEGE unless you are a client of The Color Mage.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion violates any party’s intellectual property or these Terms. You are solely responsible for any Communications you make and their accuracy. We take no responsibility and assume no liability for any Communications posted by you or any third-party.
16. Indemnification: You agree to indemnify, defend, and hold harmless The Color Mage, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)“) from and against any and all third-party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from, your use of the Services or Products in which The Color Mage has no liability or responsibility as described in these Terms and/or your breach of any these Terms, and/or any business, activity or transactions carried out or performed through the Services.
17. Disclaimers, No Warranties: THE COLOR MAGE’S SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ETC. YOU USE THESE SERVICES AND PRODUCTS AT YOUR OWN RISK. INFORMATION AND OPINIONS RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE COLOR MAGE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THE COLOR MAGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.
THE COLOR MAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) RELIANCE, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, OR ANY THIRD-PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD-PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD-PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE(S) BY THE COLOR MAGE OR ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD-PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING. To the extent that a jurisdiction does not allow all of the limitations on implied warranties, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.
18. Limitation of Liability: THE COLOR MAGE AND ITS OWNERS, DIRECTORS, EMPLOYEES, ETC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SERVICES, PRODUCTS OR THESE TERMS. IN NO EVENT SHOULD OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED $100.00. If you are in a jurisdiction in which limitations on consequential and other damages are prohibited, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.
19. Disputes: The formation, construction, and performance of these Terms (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration in Allegheny County, Pennsylvania except that The Color Mage may seek injunctive or other appropriate relief in any state or Federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of The Color Mage or a third-party. The parties agree that:
- the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);
- any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
- If any action or claim is filed in contravention of the arbitration rules provided in this Section 19, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this Section 19 are improperly filed, and the non-filing party is entitled to recover all attorneys’ fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
THE COLOR MAGE AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
- Termination. As stated above, we can terminate a user’s use of the Services at any time. If a User no longer wishes to use the Services, they should cease all activity on the Site.
- Entire Agreement. These Terms (along with any other policies related to the Services) is the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms
- Relationship of Parties. These Terms and other policies relating to the Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.
- Successors, Assignment, and Delegation. These Terms carry over and continue to the benefit of, and bind, the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under these Terms without written consent from The Color Mage. Any attempt to do so is null and void. If there is an involuntary assignment, then The Color Mage may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under these Terms has actually taken place.
- Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms. You guarantee that the information provided to us is accurate and hereby waive all rights or objections relating to not having received notices from The Color Mage because of incorrect or incomplete information.
- Enforceability and Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
- Waivers. Waivers are only effective when in writing. If The Color Mage waives enforcement of any term of this Agreement, later breaches of the same or other terms are not considered waived.
- Interpretation Rules. “Or” when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When “includes” or “including” begins a list of items, the list is not exclusive. All headings used in these Terms are for convenience only and are not to be taken into account when interpreting the meaning of any term of these Terms.
- Reservation. The Color Mage reserves all rights not expressly granted in these Terms.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person(s) other than the parties.
- Retroactive Application. You agree that your acceptance of this version of these Terms and all other agreements incorporated by reference apply retroactively to your use of the Services prior to the effective date of these Terms.
Last Updated: 01/2021
Contact information: firstname.lastname@example.org