Thanks for using our web site and using our web based products and services (“Services”). These Services are provided by EnChroma, Inc., located at 2721 Shattuck Ave #1001, Berkeley, CA 94705. By using our Services, you are agreeing to these terms. Please read them carefully. We provide these services “AS IS.”
All of the content on EnChroma’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by EnChroma, Inc. and its subsidiaries and affiliates (“EnChroma”).
The content of EnChroma’s site is intended for the personal non-commercial use by visitors to the website. We are happy for you to use our information for publicity regarding our products or your own non-commercial use. Otherwise, you may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without EnChroma’s prior written consent. This includes using EnChroma trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of attaining a higher ranking from search engines. EnChroma retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.
Links may be established on EnChroma’s website to those owned by third parties. EnChroma does not control any such third party websites and is not responsible for any damages you may suffer from using such third party sites. Shocker, right?
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Alameda County, California, USA, and you and EnChroma consent to personal jurisdiction in those courts.
If you are using our Services on behalf of a business, that business accepts these terms. That business will hold harmless and indemnify EnChroma and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
EnChroma’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that EnChroma can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.
The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
EnChroma makes no representations or warranties of any kind, express or implied, as to the operation of this site, to the information, content, materials or products included on this site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, EnChroma disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, EnChroma makes no representations or warranties that this site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. EnChroma is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.
By using the EnChroma site, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this site, and any associated services is solely at your own risk. EnChroma does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of EnChroma are free of viruses, worms or other harmful components. Further, EnChroma does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and EnChroma, or between you and any other user of the site, will be secure from access or interference by third parties.
EnChroma will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if EnChroma has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, EnChroma will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this site, or from your downloading of any materials from this site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on EnChroma computers and/or servers. In no event shall the aggregate liability of EnChroma, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of this site exceed the lesser of $10, or the total amount you paid to EnChroma.