Terms & Conditions
Agreement Between Customer and Club Colors
Thank you for accessing the website located at clubcolors.com (the “Website”). As used herein, “Club Colors” refers to Club Colors Buyer, LLC. This Website is provided solely to assist customers of Club Colors in browsing and ordering product(s) and/or service(s) from Club Colors or otherwise transacting business with Club Colors (“Legitimate Business”) and for no other purposes. The terms “we”, “us”, and “our” refer to Club Colors. The term “you” refers to the customer visiting this Website or ordering product(s) from Club Colors via this Website.
This Website is a service offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). Please read this Agreement carefully. Club Colors may at any time, at its sole discretion, without notice to you, revise or otherwise modify this Agreement, and your continued access or use of this Website signifies your acceptance of the revised or modified Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that:
1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
3. you will use this Website in accordance with this Agreement;
4. you will only use this Website for Legitimate Business for you or for another person for whom you are legally authorized to act;
5. all information supplied by you on this Website is true, accurate, current and complete;
6. if you have a Club Colors account, you will protect your account information and will supervise and be completely financially responsible for any use of your account by any individual or entity other than you (including without limitation, minors living with you), and you will notify Club Colors immediately if you become aware of loss, theft, or unauthorized use of your account; and
7. any orders you place on the Website are solely for yourself or your company, and are not for resale.
Club Colors retains the right at its sole discretion to deny any individual or entity access to this Website and the services provided hereunder at any time and for any reason, including, but not limited to, for violation of this Agreement.
In the event that product(s) are listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Club Colors shall have the right to refuse or cancel any order placed for such product(s) at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Club Colors shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Club Colors has made every effort to display as accurately as possible the colors of the products that appear on this Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of actual product(s).
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Club Colors’ acceptance of your order, nor does it constitute confirmation of an offer to sell. Club Colors reserves the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product.
We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Illinois, Georgia, Minnesota, Tennessee, Texas, or Utah. Each customer shall be solely responsible for all sales taxes or other taxes on orders shipped to any other state.
Prohibitions on Misuse
The content and information on this Website (including, but not limited to, price and availability of product(s)), as well as the infrastructure used to provide such content and information, is proprietary to Club Colors or our business partners or affiliates. While you may make limited copies of your order materials (and related documents) for product(s) purchases through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website, as further described below. Additionally, you agree not to:
use this Website or its contents for any commercial purpose or gain;
access, monitor or copy any content or information located on this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Website for any purpose without our express written permission; or
“frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
As a condition of using this Website, you warrant to Club Colors that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions and notices or by federal, state, local or international law. Club Colors reserves the right to deny, in its sole discretion, any user access to this Website or any portion thereof without notice.
Limitation on Liability
CLUB COLORS GENERALLY: THE MATERIALS AND INFORMATION YOU FIND ON THIS WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT SHALL CLUB COLORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) OR WITH THE SERVICES PROVIDED AS A RESULT OF A RESERVATION MADE ON THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CLUB COLORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY RISK ARISING OUT OF USE OR PERFORMANCE OF THE INFORMATION, SERVICES, MATERIALS, SOFTWARE, OR OTHER ITEMS REMAINS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL CLUB COLORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR PERFORMANCE OF THE INFORMATION, SERVICES, SOFTWARE, OR OTHER ITEMS.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Club Colors.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance or non-performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Club Colors is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Club Colors reserves the right to remove such materials from the Website without liability.
Ordering product(s) on the Website does not guaranty the availability of the product(s). Club Colors reserves the right to unilaterally cancel orders made on this Website. Under no circumstances including negligence, shall Club Colors, any of its respective members, managers, shareholders, officers, directors, employees or agents be liable for any incidental, special or consequential damages that result from the use of this Website or the failure to provide product(s) purchased on this Website. If, notwithstanding the foregoing, should Club Colors or any of its respective members, managers, shareholders, officers, directors, employees or agents be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Website or its contents, including without limitation any failure to provide ordered product(s), the liability of any such party shall in no event exceed the greater of the value of the ordered product(s). Some states do not allow limitation of liability, so the foregoing may not apply to you.
Intellectual Property Rights
Copyrights. The materials in this Website are protected under United States Copyright Laws. These materials are for individual or organizational use as authorized by Club Colors, exclusively. You may not modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information from this Website, without the prior written permission of Club Colors, except that you may download one copy of the content on any single computer and print a copy of the content for your use in learning about, evaluating, or acquiring services or products from Club Colors. No permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content. No permission is granted herein to you to use, or permit others to use the content, associated icons, site addresses, or other means to hyperlink other Internet sites with any pages in the Club Colors Website, and Club Colors assumes no responsibility for any other party’s site hyperlinked to the Club Colors Website or in which any part of the Club Colors Website has been hyperlinked. Club Colors may make improvements and/or changes in the products and/or programs described herein without liability. In some cases, some materials contained in the Website may be subject to copyrights held by third-parties and additional permissions may be required.
Copyright Infringement. Club Colors respects the copyrights of others. Any copyright owner or authorized agent who believes that any materials, information or text displayed on this website infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent, [email protected], with the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that only DMCA notices should go to Club Colors’ Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Club Colors’ Webmaster at [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Trademarks. The Club Colors logo, any affiliated logos, the term “Club Colors” as well as any affiliated terms and all logos and graphics using the Club Colors name are the intellectual property of and/or trademarks/service marks owned by Club Colors. Club Colors may possess intellectual property rights in other logos, words, or phrases not listed here. In some cases, some materials contained in the Website are subject to trademarks held by third-parties. Except where otherwise indicated, all materials on this Website including but not limited to graphics, text, software, audio, video, and files, are the property of Club Colors and are protected by copyright or other intellectual property laws.
Club Colors reserves all rights to its intellectual property. You may print out a single copy of pages on this Website for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. You are not authorized to use any portion of this Website or any other Club Colors intellectual property on any other website, in the meta-tags of any other website or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this website’s content or frame this Website within any other website.
Except as described herein, any communication or content which you post or upload to the Website is considered to be non-confidential. By submitting any communication or content to any part of the Website, you automatically grant (or warrant that the owner of such communication or content has expressly granted) to us a royalty-free, transferable, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights with respect to such communication or content through multiple tiers of sublicenses.
We do not and cannot review all communications and content posted or uploaded to the Website and are not responsible for these communications and content. However, we reserve the right to block or remove communications or content that we determine, in our sole discretion, to be (i) threatening, abusive, libelous, defamatory, inflammatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of the copyright, trademark, or other intellectual property rights or other rights of another, (iv) in violation of any applicable local, state, Federal or international law or regulation, or (v) offensive or otherwise unacceptable. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY POSTING OR DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION AND DOES NOT NECESSARILY REFLECT OUR OPINIONS OR THE OPINIONS OF OUR BUSINESS PARTNERS.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by the Website or otherwise disclosed, submitted or offered in connection with any user’s use of the Website (collectively, “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all of the submitting user’s worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in our use, commercial or otherwise, of any Comments. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay the submitting user any compensation for any Comments; or (iii) to respond to any user’s Comments.
By participating in any sweepstakes, contests or promotions on the Website, and/or by requesting promotional information or product updates, you agree that we may use the information that you provide in connection therewith for marketing and promotional purposes.
Club Colors utilizes SSL (Secure Socket Layer) technology in processing online transactions in order to encrypt personal and payment information. SSL incorporates strong encryption which can inhibit the unauthorized interception and access of your data. SSL requires a web browser that supports SSL.
Links to Other Sites
The Club Colors Website may contain links to and frames of third party websites which are not maintained by Club Colors. While Club Colors will attempt to include only links to or frames of those sites which are in good taste and safe for our visitors, Club Colors shall not be responsible for the content of those sites and shall not guarantee that sites will not change without our knowledge. Inclusion of such links and frames in the Club Colors Website does not imply Club Colors’ endorsement of the linked or framed sites or their content. Your correspondence or any other dealings with advertisers found on the Website are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on the Website. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on the Website.
Contacting Club Colors
Club Colors encourages you to share your comments and questions with us by mailing them to our corporate office. Club Colors makes every effort to read mail sent to our offices and to respond to the sender within an appropriate time. Club Colors will assume no responsibility, however, for reviewing unsolicited ideas for our business (for example product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Club Colors programs. Also, please remember that you are responsible for whatever material you submit, and that you, not Club Colors, have full responsibility for the message, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to use become the exclusive property of Club Colors. To contact us by mail, please address letters to: to Club Colors 420 East State Parkway, Schaumburg, IL 60173.
If you violate any provision of this Agreement, your permission to use the Website shall automatically terminate, and you must immediately destroy any copies you have made of the Website or any portion thereof. You or Club Colors may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason at all.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Illinois, USA, without regard to principals of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in Chicago, Illinois, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and Club Colors as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Club Colors with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Club Colors with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Revised and Effective as of June 1, 2012
©2012 Club Colors Buyer, LLC. All rights reserved.