TERMS OF USE
Welcome to www.acgcolor.com. The www.acgcolor.com website (the “Site”, “ACGCOLOR”) is comprised of various web pages operated by Advanced Color Signs & Graphics. ACGCOLOR is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ACGCOLOR constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Privacy
Your use of ACGCOLOR is subject to our Privacy Policy. Please review our Privacy Policy which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.acgcolor.com or sending emails to ACGCOLOR constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. ACGCOLOR does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.acgcolor.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.acgcolor.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ACGCOLOR and ACGCOLOR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACGCOLOR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACGCOLOR of the site or any association with its operators. Certain services made available via www.acgcolor.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.acgcolor.com domain, you hereby acknowledge and consent that ACGCOLOR may share such information and data with any third party with whom ACGCOLOR has a contractual relationship to provide the requested product, service or functionality on behalf of www.acgcolor.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.acgcolor.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ACGCOLOR that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ACGCOLOR or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
ACGCOLOR content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ACGCOLOR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ACGCOLOR or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless ACGCOLOR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ACGCOLOR reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with ACGCOLOR in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACGCOLORAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ACGCOLOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACGCOLOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACGCOLOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACGCOLOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Access to certain areas of the Site is restricted. ACGCOLOR reserves the right, in its sole discretion, to terminate your access to the Site, disable your user ID and password, and the related services or any portion thereof at any time, without notice.
If ACGCOLOR provides you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential.
Changes to Terms
ACGCOLOR reserves the right, in its sole discretion, to change the Terms at any time. The revision date of the latest version of the Terms will appear at the bottom of this page. ACGCOLOR encourages you to periodically review the Terms to stay informed. You acknowledge and agree that it is your responsibility to review this Terms of Use periodically and become aware of modifications.
Contact Us
ACGCOLOR welcomes your questions or comments regarding the Terms by emailing us at office@acgcolor.com.
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Effective as of November 13, 2019