Terms

Terms of Service

These Terms of Service (“Terms”) are entered into by you and EnChroma, Inc., a California corporation (“EnChroma” or “our” or “we” or “us”) and govern your access to and use of our online services, including our website EnChroma.com, any of our microsites, mobile sites, e-mail notifications, short messaging system (SMS), and mobile applications (collectively, the “Services”) and any content, functionality, or material offered on or through Services, whether as a guest or a registered user.

By accessing and/or using the Services, you accept and agree to be bound and abide by the Terms and our Privacy Policy, found at https://enchroma.com/privacy/, incorporated herein by reference. If you do not agree to the Terms and Privacy Policy, do not access, or use the Services and exit the Services now. These Terms are effective as of January 22, 2024. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, available online at http://EnChroma.com/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Authorized Access and Use of Services

The Services, and information and materials (“Content”), features, and functionality available to you through the Services are owned by EnChroma, our licensors, or other providers of such material, and are protected by copyright, trademark, and other intellectual property and proprietary rights and laws. Content may be downloaded, copied, and printed solely for your benefit in manners permitted by the Terms. Source Code may not be used, copied, distributed, decompiled, disassembled, reverse engineered, or modified without permission.

EnChroma gives you a revocable, limited, non-sublicensable, non-assignable, non-exclusive license to access and use the Services, for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.

If you print, copy, modify, download or otherwise use or provide another person with any access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at your option, return or destroy any and all copies of the materials you have made.

You agree not to use the Services in any manner that could interfere with, damage, impair, disable, or overburden the Services or any party’s use of the Services. You agree not to upload or distribute through the Services any material that contains a virus or any other computer code, file or program, or any other harmful component that is intended to disrupt, damage, or limit, the functioning of the Services or to obtain unauthorized access to any data or information of any third party.

We have the right and the sole discretion to remove any content posted, shared, or transmitted by you that, in our judgment, does not comply with the Terms or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

Trademarks

The word ENCHROMA, the ENCHROMA logo and all related names, logos, product and service names, designs and slogans are trademarks of the EnChroma or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Use of Services to Perform or Participate in any Illegal Activity is Prohibited

You agree to access and use the Services in accordance with the Terms and only for lawful purposes. You may not use the Services in a way that violates any applicable federal, state, local or international laws or regulations.

You agree not to access or use the Services for spamming activities or to disseminate or transmit material that is unlawful, abusive, deceptive, fraudulent, invasive of another’s privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, malicious or that otherwise violates our rules or policies, including these Terms. You agree not to access or use the Services to commit identity theft, to impersonate an individual or a company, or to otherwise attempt to mislead any person as to the identity or origin of any communication.

You agree not to access or use the Services to infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

You agree that we may at any time, and at our sole discretion, terminate your access to or use of the Services, or any feature within the Services, without prior notice to you.

Reliance on Information Posted and Links to Third Parties

The information presented on or through the Services is made available solely for general information purposes. EnChroma does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you may place on such information is strictly at your own risk. EnChroma disclaims all liability and responsibility arising from any reliance that may be placed on such information.

The Services may contain content or links to content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content expressed directly by EnChroma, are solely the opinions and the responsibility of the person or entity providing those materials or expressing the opinions and statements. These materials do not reflect the opinion of EnChroma and EnChroma does not endorse these materials, websites, or the products or services offered on them, and the links are provided as a convenience. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided or expressed by any third parties.

Reviews

EnChroma welcomes verified purchasers to submit reviews about our products and services on our website via Okendo whose Terms & Conditions can be found here and whose Privacy Policy can be found here. Users who submit reviews to EnChroma agree to Okendo’s policies as well as the following. You are solely responsible for the Review you submit, and EnChroma assumes no liability for any Review submitted by you. You agree by submitting a review that the review does not contain the personal information or likeness of another person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; is not unrelated to the goods or services offered by or available from EnChroma’s website(s); does not contain trade secrets, commercial, financial, or other confidential information of EnChroma or other third-party; does not contain personnel and/or medical files and/or similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, does not contain content that is unlawful within any jurisdiction EnChroma operates; and does contain any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files. You acknowledge and agree that EnChroma reserves the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor and moderate reviews; (ii) alter, remove, or refuse to post or allow to be posted any Review; and/or (iii) disclose any review and the User Information associated with it, and the circumstances surrounding its transmission, to any third party. You grant to EnChroma a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such review and to incorporate the review into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send us a review or associated content or user information that you do not wish to license to us. In addition, you grant to EnChroma the right to include the name provided along with the review submitted by you; provided, however, Target shall have no obligation to include such name. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any review you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the review to use, and grant to third parties such as Enchroma the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding reviews that you may have under any applicable law under any legal theory.

Communication

You agree to receive communications, including those generated by automatic telephone dialing systems and those sent via e-mail, regular mail, calls, push notifications to the cellular number you provided us, text messages, SMS, MMS, postings on the Service, or other means now known or hereinafter developed, sent by or on behalf of EnChroma.

Warranty Disclaimer

ALL MATERIALS AND SERVICES PROVIDED ON AND THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT 1) THE SERVICES WILL BE RELIABLE, SECURE, TIMELY, AVAILABLE, ERROR FREE, SUITABLE, ACCURATE, OR COMPLETE; 2) THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS; 3) THE QUALITY OF THE SERVICES OR INFORMATION DERIVED THEREOF WILL MEET YOUR EXPECTATIONS OR BE FREE FROM DEFECTS, MISTAKES, OR ERRORS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE THAT TRANSMISSIONS OF DATA TO AND FROM THE SERVICES COULD BE READ OR INTERCEPTED BY OTHERS. WE CANNOT AND DO NOT GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE FROM VIRUSES OR DESTRUCTIVE CODE. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME THERE MAY BE AN OUTAGE IN THE SERVICES OR THE SERVICES MAY BE INACCESSIBLE OR INOPERABLE. THIS MAY HAPPEN FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, EQUIPMENT MALFUNCTIONS, INTERNET CONGESTION, PERIODIC MAINTENANCE PROCEDURES, REPAIRS, OR CAUSES BEYOND OUR CONTROL OR WHICH ARE NOT REASONABLY FORESEEN BY US.

ENCHROMA MAKES NO REPRESENTATIONS THAT THE MATERIALS OR CONTENT CONTAINED WITHIN THE SERVICES ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THE COMPANY SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

ENCHROMA, ITS EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY CONTENT OR FUNCTIONALITY ON THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless EnChroma, its officers, directors, employees, consultants, attorneys, suppliers, agents, affiliates, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your access to or use of the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Waiver and Severability

No waiver, by EnChroma, of any term, condition, or provision set out in the Terms shall be deemed a further or continuing waiver of such term, condition, or provision, and any failure by us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is adjudicated 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 the Terms will otherwise remain full in force and effect.

Reservation of Rights

EnChroma reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Termination

EnChroma may terminate these Terms or access to or use of the Services, temporarily or permanently, at any time, with or without notice, for any reason. EnChroma may elect to terminate any order and refund payment before fulfillment.

Privacy

Our Privacy Policy, available at http://EnChroma.com/privacy/, contains information about how we collect, use, and/or disclose information that is generated by your access to and use of the Services. The Privacy Policy also contains information about how we protect your data. You understand that through your access and use of the Services, you consent to the collection, use, and disclosure of this information, as permitted by our Privacy Policy.

Governing Law, Jurisdiction and Venue

The Terms and any other agreement incorporated herein shall be governed by and construed with the laws of the State of California and the applicable laws of the United States, without regard to conflict of law principles thereof. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of California in any action or dispute related to the Terms and any other agreement incorporated thereby. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States in the Northern District of California or the courts of the State of California and County of Alameda, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Entire Agreement

The Terms, Privacy Policy, and any other agreement referred to in the Terms constitute the sole and entire agreement between you and ENCHROMA regarding the subject matters in those agreements, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: webmaster@EnChroma.com

EnChroma, Inc.
2001 Addison Street, Ste 335
Berkeley, CA 94710
Phone: 510-497-0048
Email: legal@enchroma.com