This website (the “Site”) is operated by Color by Amber (referred to herein as “Color by Amber”, “we”, “us” and “our”). Your use of the Site is subject to the following Terms and conditions.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
LINKING: Links to third party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third party websites linked from this Site, you do so at your own risk. Unless otherwise permitted in writing signed by an authorized representative of Color by Amber, a website that links to this Site:
COPYRIGHT: All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
PUBLIC FORUMS AND COMMUNICATION: “Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
DISCLAIMER OF WARRANTIES: ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITIES: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
INDEMNIFICATION. User agrees to indemnify and hold us harmless, its affiliates, and its directors, officers, managers, employees, agents, attorneys and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or other applicable agreements between User and Color by Amber. We reserve the right, but not the obligation, to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, User shall provide us with such cooperation as is reasonably requested by us.
SPAM AND ELECTRONIC MESSAGES. Under no circumstances shall Users of the Website send commercial electronic mail messages to other Users as defined in the new Federal spam law, the CAN-SPAM Act of 2003 (the “Act”). For clarification, this does not prohibit User from sending transactional or relationship messages as defined in the Act. In addition, except as expressly authorized by us, any and all electronic messages initiated or sent by User or on User’s behalf must identify User as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that a Color by Amber site is the sender or sponsor of, or has procured User to send, such electronic messages. To be clear, User may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to User being the sender.
RULES OF CONDUCT: The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
TERMINATION AND ENFORCEMENT: Access to the Website is controlled by Us. User agrees that Color by Amber, in its sole discretion, may terminate User’s access to or use of the Website, at any time and for any reason, including without limitation, if We believe that User has violated or acted inconsistently with the letter or spirit of the Terms, or any other relevant contractual relationship between Us and User, as applicable. User agrees that any termination of its access to or use of the Website may be effected without prior notice and that We may immediately deactivate or delete any user name and/or password used by or provided to User, and all related information and files associated therewith, and/or bar any further access to such information or files. User agrees that We shall not be liable to User or any third party for any termination of User’s access to the Website or to any such information or files, and shall not be required to make such information or files available to User after any such termination. We reserve the right to takes steps that We believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to User’s use of the Website and/or a third party claim that User’s use of the Website is unlawful or violates such third party’s rights). The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
MISCELLANEOUS: The Terms shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions. The 1980 U.N. Convention on contracts for the international sale of goods shall not control these Terms. User further agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the use of the Website (including, but not limited to, the purchase of the Website access and use rights and Color by Amber Products) shall be in the state or federal courts located in Salt Lake County, Utah. Any cause of action or claim User may have with respect to the Website (including, but not limited to, the purchase of the Website access and use rights and Color by Amber Products) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Us or any User, nor trade practice shall act to modify any of these Terms. We may assign its rights and delegate its duties under the Terms to any party at any time without notice to User. We make no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between User and Us. These Terms constitute the entire agreement between Color by Amber and the Website Users with respect to the Website and supersedes any and all prior agreements with respect to the subject matter hereof.
AMENDMENTS TO TERMS: We reserve the right to modify or otherwise update the Terms at any time by posting a modified version on the Website. Such changes will automatically be effective upon posting on the Website, and User agrees to be bound by such modifications, updates and revisions. Please visit this page regularly to review the current and controlling version of the Terms.
Contact Us. If there are questions regarding these Terms and Conditions, User may contact us by using the information below. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice:
If User has a question or complaint regarding the Website, please send an email to: email@example.com. User may also contact us by writing to Color by Amber LLC 2215 West 2200 South, Salt Lake City UT 84119, Attn: Color by Amber Legal Matters or by calling Color by Amber’s corporate offices at: 801.207.9710. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at: 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at: 916.445.1254 or 800.952.5210.
INTERNATIONAL: The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside the United States.
CHILDREN: Color by Amber is committed to the safety of our children. Persons under the age of 18 may not enroll as Color by Amber Independent Stylists or register as customers. Children under the age of 13 may not purchase products through the Site. Color by Amber does not solicit or knowingly collect personally identifiable information from children under the age of 13.
EFFECTIVE DATE: The Terms were last modified on October 29, 2012.