Terms of Use

TERMS OF USE

Thank you for visiting ColorBasics.com.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. ColorBasics.com is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check for changes in these terms of use.

Owners of this website and its parent, subsidiaries or affiliates (collectively "ColorBasics.com," "we," or "us") can be contacted at the address found at the bottom of this page. Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of ColorBasics.com and any copyright owner from whom we have obtained a license. Requests for such permission can be made to the address specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without

Content and Hyperlinks

ColorBasics.com provides users with access to a collection of content and resources, possibly including, various communications tools, forums, shopping services, personalized content through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ColorBasics.com to provide the Service. You also understand and agree that the service may include certain communications from ColorBasics.com, such as service announcements, administrative messages and ColorBasics.com Newsletters, and that these communications are considered part of the ColorBasics.com Service and you may not be able to opt out of receiving all of them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Use. You understand and agree that the Service is provided "AS-IS" and that ColorBasics.com assumes no responsibility for the timeliness, inclusion, deletion, mis-delivery or failure of the Service. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

The ColorBasics.com web site may contain information that is created and maintained by a variety of sources both internal and external to ColorBasics.com. These sites may contain forums which may contain the personal opinions and other expressions of the persons who post the entries. ColorBasics.com does not guarantee the information contained in these sites or information contained in links to other external web sites, and does not endorse any views expressed or products or services offered therein. In no event shall ColorBasics.com be responsible or liable, directly or indirectly, for any damage or loss 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 or through any associated site or resource.

This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. ColorBasics.com has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website, Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

Please be aware that ColorBasics.com could have, or link to websites that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

If you want to link to this website, please contact ColorBasics.com before creating that link so the site may be previewed. ColorBasics.com expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval.

User Content

ColorBasics.com does not claim ownership of content you submit or make available for inclusion on the Service. However, the content you submit or make available for inclusion on ColorBasics.com grants ColorBasics.com the perpetual world-wide, royalty free, non-exclusive irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content in whole or in part and to incorporate such content into other works in any format or medium now known or later developed. By submitting content, you maintain that you have the rights to share it, which can include public domain resources, although it may not include most web pages. DO NOT SUBMIT COPYRIGHTED WORK WITHOUT THE PERMISSION OF THE COPYRIGHT OWNER! However, these rights are not included for areas off of the ColorBasics.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by ColorBasics.com.

ColorBasics.com is pleased to hear from its customers, however we do not accept or consider any suggestions, creative ideas, or other materials related to products or services except in compliance with the provisions herein. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to ColorBasics.com or postings on interactive portions of this website, shall be deemed and shall remain the property of ColorBasics.com. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate your for the receipt or use of such Communications. ColorBasics.com is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE ColorBasics.com from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or ColorBasics.com, you hereby grant ColorBasics.com, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.

Interactive Areas and Code of Acceptable Conduct

ColorBasics.com does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.

(2) You will not upload viruses or harmful components.

(3) You will not use the website to further any illegal purpose or to violate the rights of any party.

(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

ColorBasics.com will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

Products, Services and Software

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by ColorBasics.com of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Notice and Precedure for Claiming Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the following Designated Agent:

ColorBasics.com
14150 NE 20th St. Suite F1
Bellevue, WA 98007

425-895-0050

The notification must be a written communication that includes the following to be effective:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that alledgedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

No Representations or Warranties

ColorBasics.com makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or ColorBasics.com's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD ColorBasics.com HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." ColorBasics.com DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ColorBasics.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ColorBasics.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Jurisdiction and Choice of Law

This website is operated from United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without giving effect to any principles of conflicts of law. You and ColorBasics.com irrevocably consent to the exclusive jurisdiction of the courts located in Washington in connection with any action arising out of or related to these terms of use or their subject matter. You and ColorBasics.com waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Trademarks and Copyrights

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of ColorBasics.com or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, ColorBasics.com is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America and/or other applicable jurisdictions.

Health Information

THIS SITE DOES NOT PROVIDE ANY MEDICAL OR MENTAL HEALTH ADVICE

Information on this website may be based on community input, with no effort being taken to verify or substantiate the content, and is provided for informational purposes only and is not intended as a substitute for the advice provided by your psychologist, psychiatrist, physician, or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this website for diagnosing or treating a mental health problem, health problem or disease, or prescribing any medication or other treatment. You should always speak with your psychologist, psychiatrist, physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health or mental health problem. For any products or services purchased from this website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical or mental health problem, promptly contact your health care provider. Never disregard professional medical or mental health advice or delay in seeking professional advice because of something you have read on this website. Information provided on this website and the use of any products or services purchased from our website by you DOES NOT create a doctor-patient relationship between you and any medical or mental health professionals affiliated with our website.

Securities and Investments

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

This website may contain information and press releases about and by ColorBasics.com. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and is subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to, general economic and currency conditions, various conditions specific to the ColorBasics.com's business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, ColorBasics.com's accounting policies, future trends, and other risks which are detailed in ColorBasics.com's Securities and Exchange Commission filings.

Severability

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions. The failure of ColorBasics.com to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, ColorBasics.com reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ColorBasics.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ColorBasics.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ColorBasics.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. ColorBasics.com reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights ColorBasics.com may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

You agree that, except as otherwise expressly provided in this agreement, there shall be no third party beneficiaries to this Agreement.

No Right of Survivorship and Non-Transferability. You agree that any account information is non-transferable and any rights to your contents within your account terminate upon your death.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Contact Information

ColorBasics.com
14150 NE 20th St. Suite F1
Bellevue, WA 98007