WEBSITE TERMS OF USE
COLORVOYANT, LLC

Acceptance of Terms of Use

By using, accessing, or browsing this web site or any part related thereto (collectively, the “Site”) published by ColorVoyant, LLC (“ColorVoyant” or “We”), you accept, without limitation or qualification, these Terms of Use and further agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, please do not use, access or browse our Site.

We may at any time and without notice revise these Terms of Use and/or our Privacy Policy. You are bound by any such revisions and should therefore periodically visit this web page to determine the then current Terms of Use, Privacy Policy and conditions to which you are bound.

Restrictions on Use

You must be 18 years of age or older to access or use our Site. By accessing our Site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy, contaminate or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site.

You also agree not to: (i) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our Site, or (ii) use the Site for any unlawful purpose. We reserve the right to immediately terminate or suspend your current and future access to the Site if we determine in our sole discretion that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of ColorVoyant’s rights or interests in its Site, services, or other property; or for any or no reason whatsoever without prior notice to you.

Monitoring and Management of Content of Web Site

We have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules established by ColorVoyant, as well as to determine compliance with applicable laws. We shall have the right in our sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Site that ColorVoyant finds to be in violation of these Terms of Use or that ColorVoyant believes may violate laws or the rights of others, including, without limitation, laws against trademark infringement, and rights of privacy and publicity.

Trademark and Copyright

The trademarks, service marks, trade names, logos and other graphics (collectively, the “Trademarks”) used and referenced on this Site are protected intellectual properties that are either registered, pending registration and/or unregistered Trademarks of ColorVoyant, LLC, or their respective owners. Unauthorized use of these Trademarks is strictly prohibited.

All Site design, text and layout, including articles, photos, product graphics, other graphics and content, and the selection and arrangement thereof, are owned by ColorVoyant and protected under copyright law.

Links

There may be some hyperlinks on the Site (or posted on the Site by users) which may lead to third-party web sites. These websites are not controlled by, or affiliated with, ColorVoyant. ColorVoyant is not responsible for the content or privacy policies of these third-party web sites.

Indemnity

You shall defend us against any demands, claims or actions brought against us arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us and each of our officers, managers, members and/or employees harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from any such Claim.

Disclaimer of Warranty

The content (in whatever form or media) contained on the Site is provided “as is” and “as available”, without warranties of any kind either express or implied. We assume no liability or responsibility for any errors or omissions in the content of the Site; any failures, delays, or interruptions in the delivery of any content contained on the web site; any losses or damages arising from the use of the content provided on the Site; or any conduct by users of the web site. To the fullest extent possible pursuant to applicable law, ColorVoyant disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violations of rights.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall ColorVoyant, its officers, managers, members, or employees be liable (jointly or severally) for any direct, indirect, special, incidental, or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials or information on the Site, even if ColorVoyant or a ColorVoyant’ representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Choice of Law

You agree that any issue or dispute arising out of or in connection with your use of our Web Site, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning ColorVoyant shall be governed by the laws of the Commonwealth of Pennsylvania. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the Commonwealth of Pennsylvania. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

© ColorVoyant, LLC, 2011. All Rights Reserved.