This is a binding agreement and if you do not agree to the terms and conditions then you should not remain on the site. The everydaykolor.com website (the "site") is provided by Everyday Products USA, LLC to you ("you" or "user") subject to the following Terms and Conditions (the T&C's") and any operating rules or policies that may be published from time to time by everydaykolor.com.
Changes to the T&C's
Everydaykolor.com may, in its sole discretion, change, add or remove any portion of the T&C's, at any time, by posting new T&C's to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. If you would like, we would be more than happy to notify you of any changes to the site.
User Information
In the course of your use of the Site, you will provide certain information to Everydaykolor.com (such information collectively is referred to hereinafter as "User Information"). Everydaykolor.com's use of any User Information you provide shall be governed by the Privacy Policy. If you are under thirteen, User Information will be governed by the Kid's Privacy Policy.
User Conduct
You are solely responsible for the content and context of any materials or User Information you post or submit through the Site. Materials provided by User become property of everydaykolor.com. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other User from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
Modifications to Site
Everydaykolor.com reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Everydaykolor.com may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Monitoring
You agree that everydaykolor.com has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, everydaykolor.com does not and cannot review all materials posted to the Site by Users and everydaykolor.com is not responsible for any such materials posted by Users.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVERYDAYKOLOR.COM DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CERTAIN PRODUCTS MAY BE WARRANTED BY THE MANUFACTURER OF THAT PRODUCT.
EVERYDAYKOLOR.COM DOES NOT MAKE ANY REPRESENTATIONS WITH REGARD TO SUCH MANUFACTURER WARRANTIES. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE PRODUCTS YOU PURCHASE THROUGH EVERYDAYKOLOR.COM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EVERYDAYKOLOR.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF EVERYDAYKOLOR.COM OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF EVERYDAYKOLOR.COM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Indemnification
You shall indemnify, defend and hold everydaykolor.com, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of the T&C's or any use by you of the Site or as a result of a dispute with another User. Everydaykolor.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of everydaykolor.com.
Termination
This Agreement constitutes a binding agreement between you and
everydaykolor.com until terminated by you or everydaykolor.com, which everydaykolor.com may do at any time, without notice, in everydaykolor.com's sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law/Dispute Resolution
This Agreement shall be governed by and in accordance with the laws of the State of Connecticut, without regard to conflicts of laws provisions. Any controversy involving Everydaykolor.com arising from or in any way related to the T&C's or your use of the Site shall be heard in the appropriate State or Federal court in Fairfield County, Connecticut and you irrevocably consent to the jurisdiction of such courts.
Notices And Disclosures
Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of everydaykolor.com, info@everydaykolor.com, or, in the case of a User, to the e-mail address you provide to everydaykolor.com. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
General Provisions
If any provision of the T&C's is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the T&C's, and the remainder of the T&C's shall continue in full force and effect. The failure by either you or everydaykolor.com to exercise or enforce any rights or provisions of the T&C's shall not constitute a waiver of such right or provision. The Agreement comprises the entire agreement between you and everydaykolor.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the T&C's regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the T&C's.
