Use of Site
Welcome to the Web site of ColorManagement.com, LLC (ColorManagement). This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by ColorManagement. By using and participating in this Web site you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit all sites. ColorManagement reserves the right to modify these terms at any time and will publish notice of any such modification online at this site or elsewhere online. By continuing to access a site after notice of such modifications, you signify your agreement to be bound by the modifications.
Limits on Use
You may use our site for lawful purposes only. You may not use our site to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, without limitation, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not "flood" or disrupt our web site through any means or process.
Products and/or Services Provided by Independent Vendors
Certain products available for purchase through this Web site, and all services available for purchase through this Web site, are furnished by independent third-party vendors (Vendors). When you purchase such products or services (Third-Party Products or Services), you will be notified by a screen display that the product or service will be furnished by a Vendor. You acknowledge that these Vendors are independent contractors and are not partners or affiliates of ColorManagement. No Vendor has the power to bind ColorManagement to any legal obligations or commitments.
You acknowledge that, although ColorManagement will perform certain administrative tasks, such as processing your order and collecting payment on behalf of the Vendor, your contract for the purchase of Third-Party Products or Services will be with the Vendor, and not ColorManagement. Accordingly, ColorManagement will have no obligations or liabilities with respect to the Third-Party Products or Services. You acknowledge and agree that ColorManagement makes no representations or warranties of any nature, and offers no guarantees, regarding Third-Party Products or Services.
Certain content appearing on this Web site, such as articles, reports, and information, is furnished by independent third parties. Advice given through this Web site is also furnished by independent third parties. ColorManagement shall have no responsibility or liability with respect to any such third-party content or advice.
No Consequential Damages; Limitation of Liability
IN NO EVENT SHALL COLORMANAGEMENT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS WEB SITE OR PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF COLORMANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE AGGREGATE LIABILITY OF COLORMANAGEMENT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEB SITE OR PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEB SITE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED U.S. $100.00.
Governing Law; Jurisdiction and Venue
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its provisions relating to choice of law. You agree that any suit or proceeding between you and ColorManagement will be brought only in a court located in Santa Clara County, California and you submit to the personal and subject matter jurisdiction and venue of such courts.
No waiver of any provision of these Terms will be enforceable unless evidenced by a written instrument signed by ColorManagement. These Terms, together with any other terms or conditions displayed on this Web site, constitute the entire understanding, agreement, and contract of you and ColorManagement relating to your use of this Web site, and supersede any other agreements or understandings. If any provision of these Terms shall be held to be invalid or unenforceable by any court of competent jurisdiction, then (i) to the extent feasible, such provision shall be reformed in a manner that makes it enforceable and which accomplishes its original intention as nearly as possible, and (ii) the validity and enforceability of other provisions of these Terms shall not in any way be affected or impaired thereby.