This website, mobile site and/or app, as the case may be (individually or collectively, “Website(s)”) is operated by Datacolor AG Europe and its subsidiaries and affiliates (“us/we/our”). “You/your/user” means you as a user of the Website. By using the Website(s), you agree to be bound by these Terms of Use (“Terms of Use” or this “Agreement”), whether or not you registered for an account, and these Terms of Use supersede all prior Terms of Use agreements between Datacolor and users. The other integral part of this Agreement is our Privacy Policy located at www.datacolor.com/legal/us/privacy-policy. In addition, there may be terms and conditions and/or licenses for software which apply to orders you place and/or products you purchase on the Website(s). Terms herein that are not otherwise defined in these Terms of Use shall be defined in the Privacy Policy or the applicable purchase and sale terms and conditions and/or license agreement(s).

 

We offer the Website(s), including all information, products and services available from the Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated in this Agreement. If there is anything you do not understand, please email any inquiry to helpdontlike@spamdatacolorcom.spam. YOUR CONTINUED USE OF THE WEBSITE(S) CONSTITUTES YOUR AGREEMENT TO THESE USE. YOU SHALL NOT USE THE WEBSITE(S) FOR ANY ILLEGAL OR IMPROPER PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE(S) IN A WAY THAT MAY CAUSE THE WEBSITE(S) TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE(S) IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE(S).

 

  1. Term
     
    This Agreement shall remain in full force and effect while you use the Website(s). You may terminate your registration at any time, for any reason, by contacting us at helpdontlike@spamdatacolorcom.spam. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect.
     
  2. Personal Use; Trademarks; Use
     
    1. The Website(s) is for the personal use of our users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the authorized management of Datacolor. Illegal and/or unauthorized use of the Website(s), including collecting user names by electronic or other means for the purpose of, among other acts, sending unsolicited email or unauthorized framing of or linking to the Website(s) is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Website(s).
    2. Links on the Website(s) to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Datacolor Website(s). Your use of such third party site is on your own initiative and we do not review or control third party websites that link to or from the Website(s), we are not responsible for their content, and do not represent that their content is accurate or appropriate. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Datacolor of the third party, the third-party website, or the information contained therein. Datacolor is not responsible for the availability of any such websites. Datacolor is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Datacolor affiliates or service providers, you will leave the Website(s), and will be subject to the terms of use and privacy policy, if any, applicable to those websites.
    3. Datacolor grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website(s) so long as the hyper-link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission.
    4. Datacolor cannot and does not guarantee or warrant that files available for downloading through the Website(s) will be free of infection by software viruses or other harmful computer code, files or programs. If you download files or content for the Site, you understand and agree that you are doing so at your own risk and Datacolor shall have no responsibilities for any implications resulting from any such downloading activity.
    5. You acknowledge that Datacolor or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Website(s). Datacolor, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which Datacolor deems inappropriate (such as that specified in above) or that violates any term or condition of these Terms of Use. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Website(s), authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Website(s) will be prosecuted to the full extent of the law.
  3. Purchasing Terms and Conditions; Errors and Inaccuracies
     
    1. Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. Datacolor reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Datacolor’s sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, Datacolor has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Datacolor will issue a credit to your credit card account. Purchases are made subject to the terms and conditions of sale and/or applicable license agreements and if there is any inconsistency between those terms and conditions/license agreements and these Terms of Use, the applicable terms and conditions/license agreement at sale shall control. Any software available for download via the Website(s) is the copyrighted work and proprietary property of Datacolor and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is otherwise included with or applicable to such software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
    2. You acknowledge that although Datacolor has attempted to accurately depict the colors of the Datacolor products offered on the Website, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that Datacolor is not responsible for any inaccuracies or color variations in the products you purchase from the Website. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings.
    3. Datacolor accepts the following debit and credit cards: Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay or in some instances prevent the processing of your order. Your credit card will be billed when your order is placed or ready to ship.
    4. For a multiple product order, Datacolor will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform Datacolor otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
    5. Your receipt of an electronic or other form of order confirmation does not signify Datacolor’s acceptance of your order, nor does it constitute confirmation of Datacolor’s offer to sell. Datacolor reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
    6. We will ship your order as it becomes available. Datacolor cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Datacolor or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
    7. There may be times when a product you have ordered is out-of-stock or cannot be immediately shipped, which will delay fulfilling your order. Delivery of these particular products varies and depends on individual production timelines. Datacolor will endeavor to keep you informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment, and provide an estimate of these delivery timeframes. These are estimated timeframes and may vary from the actual time necessary to complete your order.
    8. We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that Datacolor makes resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase.
    9. We will automatically charge and withhold the applicable sales tax for orders.
    10. We strive to provide complete, accurate, up-to-date information on the Website(s). Unfortunately, despite our best efforts, human or technological errors may occur. The Website(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of our products, and some information may not be complete or current. We reserve 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.
    11. You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of services and/or products offered on the Website(s).
    12. IF YOU BELIEVE THAT A SERVICE OR PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND.
    13. You have to be 18 years of age or older to use or make purchases on the Website(s). Please ask your parent or guardian to complete the transaction if you are under 18 years of age and would like to make any purchases or otherwise use our Website(s) and/or services. You agree to pay fees, charges and applicable taxes incurred on your account at the rates in effect when the charges were incurred. Should you believe that someone has accessed your account using your user name, email or password, please immediately inform us or call us as set forth in the contact Section 20 below. You are responsible for any charges, dues or fees incurred to access the Website(s) via an Internet service provider or other service.
    14. You may acquire software and/or content from DATACOLOR by download from the Website(s), or otherwise directly from DATACOLOR. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).
  4. Changes to Website(s) or These Terms of Use
     
    1. Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website(s) or any portion of it.
    2. We may alter these Terms of Use from time to time, and your use of the Website(s) (or any part of the Website(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website(s).
    3. The Website(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website(s) or because of a failure, suspension or withdrawal of all or part of the Website(s).
  5. Products and Services Offered
     
    Nothing on the Website(s) constitutes a binding agreement to offer services or products described on the Website(s) or to make such services or products available in your area.
     
  6. User Generated Content
     
    1. You understand and agree that Datacolor, in its sole discretion, may review and delete any information and/or User generated content sent to us and/or posted on the Website(s), including but not limited to video, comments, voice, audio, photos, personal profiles, information and photographs contained in personal profiles, and messages to other registered users (collectively, “Content”). You are solely responsible for the Content that you publish or display on the Website(s) or any material or information that you transmit to other registered Users. By posting any Content to the public areas of the Websites, you hereby grant to Datacolor the non-exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate such Content on the Website(s). We may remove any Content which is illegal and/or offensive, including but not limited to harassing, spam, junk or mass mail. If you would like to request that any of your Content be removed from the Website(s), please contact us as provided in Section 20 below. You further represent and warrant that: (i) you own the Content posted by you on the Website(s) or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website(s).
    2. You must use the Website(s), including its Friends of Vision service, in a manner consistent with any and all applicable local laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Website(s), including its Friends of Vision service. Datacolor reserves the right to investigate and take appropriate legal action against anyone who, in Datacolor’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Website(s) and terminating the membership of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Datacolor:
      • is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • exploits people in a sexual or violent manner;
      • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
      • solicits personal information from anyone under 18;
      • publicly posts information that poses or creates a privacy or security risk to any person;
      • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
      • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
      • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
      • solicits passwords or personal information identifying information for commercial or unlawful purposes from other users;
      • involves commercial activities and/or sales without prior written consent from Datacolor;
      • includes a photograph or video of another person that you have posted without that person’s consent; and/or
      • violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
    3. The following are examples of the kind of activity that is illegal or prohibited on the Website(s) and through the use of the Datacolor services. Datacolor reserves the right to investigate and take appropriate legal action against anyone who, in Datacolor’s sole discretion, violates this provision, including without limitation, reporting you to local law enforcement authorities. Prohibited activity includes, but is not limited to:
      • criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, harassment, stalking, copyright infringement, or theft of trade secrets;
      • advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of Datacolor services;
      • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website(s);
      • forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Website(s) or any Datacolor services to send altered, deceptive, or false source-identifying information;
      • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
      • interfering with the access of any User, host or network to the Website(s);
      • interfering with, disrupting, or creating an undue burden on Datacolor or the networks or services connected to the Website(s);
      • impersonating or attempting to impersonate another user, person or entity;
      • using the account, username, or password of another user at any time;
      • using any information obtained from the Website(s), including Friends of Vision in order to harass, abuse, or harm another person or entity, or attempting to do the same;
      • accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website(s) on behalf of that person;
      • deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any content except your own content;
      • using any meta tags or other hidden text or metadata utilizing a Datacolor name, trademark, URL or product name without Datacolor’s prior express written consent;
      • attempting to probe, scan or test the vulnerability of the Website(s) or breach any security or authentication measures;
      • collecting or store personal data about other users without their express permission; or
      • using the Website(s) in a manner inconsistent with any and all applicable local laws and regulations.
    4. Password Security. If you register to become a datacolor.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
    5. You may not engage in advertising to, or solicitation of, any user of the Website(s) to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Website(s). Although Datacolor cannot monitor the conduct of its Users off the Website(s), it is also a violation of the Agreement to use any information obtained from the Website(s) in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User of the Website(s) without their prior explicit consent.
    6. Any automated use of the system, such as using scripts, is prohibited.
    7. You may not attempt to impersonate another registered User or any other person who is not a registered user of the Website(s).
    8. You may not use the account, user name, or password of another registered User at any time nor may you disclose your password to any third party or permit any third party to access your account.
    9. You may not sell or otherwise transfer your personal profile.
    10. The rights and limitations in this agreement are for the benefit of Datacolor and each of Datacolor’s content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
  7. Copyright Policy; IP Violations
     
    1. If you believe that your work has been copied and posted on the Website(s) in a way that constitutes copyright infringement (or another violation), please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright 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 Website(s); (d) your address, telephone number, and email address; (f) a written 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 (g) 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.
    2. Please send the foregoing to:
       
      By email: dmcaagentdontlike@spamdatacolorcom.spam
      By mail: Datacolor Inc., 5 Princess Rd. Lawrenceville, NJ 08648
    3. If you believe any of your other rights, including intellectual property rights, have been violated, please follow the same process and include the same information and takedown request sent to: ipviolationsdontlike@spamdatacolorcom.spam.
  8. User Disputes
     
    You are solely responsible for your interactions with other registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
     
  9. Opinions
     
    The opinions expressed by Users and/or in Content posted on the Website(s) are not necessarily the opinions of Datacolor. Datacolor is not responsible for any incorrect or inaccurate Content posted on the Website(s) by Users, whether caused by Users of the Website(s) or by any of the equipment or programming associated with or utilized by the Website(s). Datacolor is not responsible for the conduct, whether online or offline, of any User of the Website(s). Datacolor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Datacolor is not responsible for any problems or technical malfunction of any telephone or other network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or the like due to technical problems or traffic congestion on the Internet or at any Website(s) or combination thereof, including any injury or damage to Users or to any User’s or person’s computer related to or resulting from participation, including uploading or downloading of materials, in connection with the Website(s). Under no circumstances shall Datacolor be responsible for any loss or damage, including personal injury or death, resulting from use of the Website(s) or from any Content posted on the Website(s) or transmitted to registered Users, or any interactions between Users of the Website(s), whether online or offline, even as a result of negligence by Datacolor. The Website(s) are provided “AS-IS” and Datacolor expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Datacolor cannot guarantee and does not promise any specific results from use of the Website(s).
     
  10. Website(s) Promotion
     
    Datacolor may make use of or refer to User-posted content for the purpose of promotion of the Website(s). Such promotion may involve taking screen shots of a particular area of the Website(s) and/or Content posted by a User(s), and using that screen shot as a graphic in an advertisement. Promotion may also include quoting Content or playing audio or video posted to the public areas of the Website(s). You make no claim of ownership to such user-posted content.
     
  11. Intellectual Property Ownership and Use
     
    1. You acknowledge and agree that our trademarks, service marks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Website(s) (“Trademarks”) shall, as between you and us, remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content. Nothing on the Website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Trademarks displayed on the Site, without the prior written consent of Datacolor. Datacolor aaggressively enforces its intellectual property rights to the fullest extent of the law. The DATACOLOR ttrademark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website(s), without prior, written permission of Datacolor. Datacolor also prohibits use of any of the Trademarks as a metatag or as a “hot” link to any Websites unless establishment of such a link is approved in advance in writing by Datacolor. If You have any questions regarding any trademarks on the Site, please contact us by way of the contact information provided in Section 20 below.
    2. We grant you the limited right to access and make use of the Website(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Datacolor Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website(s)’s name or our trademarks; d) engage in any activity that interferes with the Website(s) or another user’s ability to use the Website(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website(s) and the goods or services offered on the Website(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
    3. You may not shall not use, copy, distribute, or exploit any of the Datacolor Site Content, including Content, in any manner without our prior written permission.
    4. All Datacolor Site Content and all materials and content contained within the Website(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
  12. External Sites and Resources
     
    We are not responsible for the availability of any websites, apps or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the operation of such third-party websites or the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
     
  13. Disclaimers
     
    1. WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE(S). THE WEBSITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
    2. WE MAKE NO WARRANTY THAT THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
    3. AS SET FORTH IN THE WEBSITE(S) PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE(S) AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE(S) BY YOU.
  14. Limitations on Liability
     
    WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
     
  15. Indemnification
     
    YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US, INCLUDING OUR PARENT, SUBSIDIARIES AND/OR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARISING OUT ANY BREACH BY YOU OF THESE TERMS OF USE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
     
  16. Resolution of Claims or Disputes
     
    1. Any disputes arising out of or regarding these Terms of Use will be governed by the laws of the State of New York, applicable to agreements made and performed in New York. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in New York, New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
    2. All disputes between you and Datacolor will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Datacolor or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Datacolor or you pursuant to the following conditions:
      • Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Wilmington, Delaware.
      • Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
      • Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
      • Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
      • Costs and Fees. You will be subject to a $250 filing fee to initiate arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with Datacolor remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
      • Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
      • Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
      • Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of Delaware shall be applied, without regard to choice of laws.
      • Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Datacolor shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
  17. Investigations of Violations of These Terms
     
    We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
     
  18. Notice for California Users
     
    Under California Civil Code Section 1789.3, residents of California who use the Website(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
     
  19. Miscellaneous
     
    1. If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.
    2. These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website(s) (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website(s) and your use of the Website(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.
  20. Contact
     
    1. For questions regarding these Terms of Use, you may send us notices or communicate with us by phone at 770-664-8555; by email at helpdontlike@spamdatacolorcom.spam and/or write to us at Datacolor, Inc., 5 Princess Rd., Lawrenceville, NJ 08648; Fax: 678-623-9020, ATTN: WEBSITE GOVERNENCE, and include your name, mailing address and email address in the message. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.
    2. Consumer Rights
       
      DATACOLOR maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. You may contact DATACOLOR with complaints and inquiries regarding pricing and DATACOLOR will investigate those matters and respond to the inquiries. All correspondence should be addressed to DATACOLOR’s agent for notice at the following address:
      Notification of Consumer Rights Complaint or Pricing Inquiry:
       
      Datacolor Inc
      5 Princess Road
      Lawrenceville, NJ 08648
      Agent’s Name/Email Address: Notification, Notificationdontlike@spamdatacolorcom.spam
      Telephone: 770-664-8555
      Facsimile: 678-623-9020

DATE LAST MODIFIED: April 11, 2017