Terms of Use

Please read these Terms of Use (collectively with COLOR & RISE’s Privacy Policy, and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well carefully before using www.colorandrise.com (the “Site”) and the services, features, content, applications, or products offered by United Product Group, LLC (“We”, “Us”, “Our”, or COLOR & RISE”) (together with the Site, the “Services”). These Terms are subject to change at any time without prior written notice, the most recent version of these Terms shall be posted for your review at any time on the Site. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and Services. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

ELIGIBILITY

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on Our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on Our Site. If you are under 13 years old, you may not provide any personal information to Us, make a purchase on the Site nor register on the Site. This Site is not intended for children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service. We may, in Our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT USE OUR SITE.

PRIVACY

Your visit to Our Site is also governed by Our Privacy Policy. Please review COLOR & RISE’S Privacy Policy so that you may understand Our privacy practices.

ONLINE ORDERS

When placing an order on Our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in Our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, We reserve the right to cancel any order once accepted by Us (as evidenced by a confirming email) at any time in Our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to Our having sent to you the confirming email referenced herein.

PRODUCTS INFORMATION AND SERVICES FOR PERSONAL USE

The products displayed on the Site can be ordered and delivered only within the U.S. All prices displayed on www.colorandrise.com are quoted in U.S. Dollars and are valid and effective only in the U.S.

All material and information presented on the Site or by COLOR & RISE is intended to be used for personal or informational purposes only. The statements made about any of Our Products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. All Products should be used strictly in accordance with their instructions, precautions and guidelines. The statements and products sold through COLOR & RISE are not intended to cure, treat, diagnose, or prevent any condition or disease, or to serve as a substitute for professional medical advice. If you are in need of medical attention please consult a physician immediately.

The products and services available on the Site, and any samples thereof COLOR & RISE may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from Us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in Our sole discretion, may result in the violation of Our Terms of Service.

Except where prohibited by law, COLOR & RISE may limit the number of products available for purchase, at Our sole discretion.

SHIPPING  

It is Our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

RETURNS 

If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30)days of purchase; and(iii) the merchandise is returned in the same condition as originally received by you; and (iv) the goods are not obsolete or discontinued. Once the goods are received by Us, we will refund your purchase price. All returns must be made pursuant to the specific return procedure specifically set forth on the Site. You bear the risk of loss or damage during shipment. Your refund will be credited back to the same payment method used to make the applicable purchase.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing Our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. COLOR & RISE therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

CONTENT

For the purposed of these Terms of Service, the term “Content”, includes, without limitation, information, data, text, video, written posts, comments, graphics, software and any other features made available or accessible on or through use of the Site. You acknowledge all Content accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

AVAILABILITY OF CONTENT

COLOR & RISE does not guarantee that any Content will be made available on the Site. COLOR & RISE reserves the right to, but does not have any obligation to, (i) remove, edit or modify any Content in Our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) to remove or block any Content from the Services.

LIMITED LICENSES

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (b) make any use of the Site or any and/or all Content other than personal use; (c) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (d) collect account information for the benefit of yourself or another party; (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on Our infrastructure.

COLOR & RISE reserves the right, at any time, without notice and in its sole discretion, to terminate your license and right to use the Services or Site and to block or prevent your future access to and use of the Services and Site. COLOR & RISE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Service, (iii) respond to any claims that any Content violates the rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of COLOR & RISE (and its employees), its users and the public.

YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause COLOR & RISE, Our parent company, subsidiaries, affiliates, partners or licensors.

THIRD-PARTY CONTENT

We are not responsible for the content of third-party websites or content (“Third-Party Content”) linked to or from the Site. COLOR & RISE’S does not monitor, approve or have any control over any Third- Party Content and the inclusion of any does not imply any association, endorsement, or relationship between COLOR & RISE, Our parent company, subsidiaries, Our affiliates or Our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Service; and (b) be offered by Us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

SUBMISSIONS

It is Our policy to decline unsolicited suggestions and ideas. Notwithstanding Our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide Us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of Our Privacy Policy, by transmitting or posting any Submission, you hereby grant Us full ownership of the Submission as if we had created, developed and posted the Submission for Our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of COLOR & RISE, its parent company, agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. Under no circumstances will we be liable in any way for any User Content submitted, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the submitted User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to remove any submissions or User Content that violates these Terms of Use or is otherwise objectionable and we reserve the right to refuse service and/or terminate Accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.

COPYRIGHT

You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, music, software and other elements available on the Site are the property of COLOR & RISE and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. COLOR & RISE is a registered trademark of United Product Group, LLC. All of Our Site's Content is Copyrighted by COLOR & RISE. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by COLOR & RISE.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, STATUTORYOR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY, INCLUDING BUT NOT LIMITED TO(a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES,OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  THIS LIMITATION MAY NOT APPLY TO YOU. 

YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold COLOR & RISE (and its parent company, subsidiaries, officers, directors, agents, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site or Services; (b) your violation of any of these Terms of Use; (c) a breach of your representations and warranties set forth above; (d) your violation of any law or the rights of a third-party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third-party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site(s) and Services. You also agree to indemnify Us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Our infrastructure.

SEVERABILITY 

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

WAIVER AND REMEDIES

The failure of COLOR & RISE to partially or fully exercise any rights or the waiver of COLOR & RISE any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by COLOR & RISE or be deemed a waiver by COLOR & RISE of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of COLOR & RISE under these Terms of Use and any other applicable agreement between you and COLOR & RISE shall be cumulative, and the exercise of any such right or remedy shall not limit COLOR & RISE’s right to exercise any other right or remedy.

GOVERNING LAW

YOU AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAWS.

ARBITRATION OF DISPUTES; WAIVER OF CLASS ACTIONS

With respect to any dispute, claim or controversy regarding your use of the Site, or the Products you purchase through the Site, any dispute relating in any way to your use of the Site, these Site Terms of Use, or the relationship between the Parties (other than claims relating to the intellectual property rights of COLOR & RISE) will be resolved entirely through confidential binding individual arbitrationin California, rather than in court, and you agree to submit yourself to the jurisdiction and proceedings thereof.  The Federal Arbitration Act and federal arbitration law apply to this agreement. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate Our intellectual property rights or the intellectual property rights of Our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AMERICAN ARBITRATION ASSOCIATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COLOR & RISE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

For residents of the EU and UK.

Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of the country of the competent court. According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at https://ec.europa.eu/odr.  

CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from Us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify Us of your withdrawal of such consent by emailing Us at info@colorandrise.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to the limited licenses set forth above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in COLOR & RISE’s Privacy Policy.

DMCA

We respect the Intellectual Property Rights of others and we expect Our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that content or material on Our Online Services infringes a copyright owned by you, or your intellectual property rights have otherwise been violated, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. Please provide a notice containing all of the following information to Our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is as follows:

By Mail: Eric Goodman. Esq.

3420 Bristol Street, Sixth Floor

Costa Mesa, CA 92626

By Phone: (949) 622-0020

 By E-mail: dmca@goodmanmooney.com

GENERAL

You acknowledge and agree that these Terms of Use (together with Our Privacy Policy) constitute the complete and exclusive agreement between Us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in Our sole discretion, to change these Terms of Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms of Use are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms of Use, please email Us at info@colorandrise.com.

Last Updated: 7.15.2020