This agreement applies between you, the User of this website www.thecoloragent.com and The Color Agent, the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
1. Intellectual Property
1.1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Color Agent, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by The Color Agent.
2. Accuracy of information
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
3. Your provision of information
If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
4. Your conduct
4.1. You agree to comply with all laws, rules, and regulations applicable to your access to and use of the website. In addition, you agree not to:
4.1.1. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that is known by you to be false, inaccurate, or misleading;
4.1.2. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
4.1.3. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
4.1.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the website;
4.1.5. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.1.6. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
4.1.7. upload, post, transmit, publish, display, or otherwise make available through the website any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
4.1.8. upload, post, transmit, publish, display, or otherwise make available through the website any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.9. take any action that interferes with the proper working of the website, compromises the security of the website, or otherwise damages the website or any materials or information available through the website;
4.1.10. attempt to gain unauthorized access to any portion or feature of the website, to any other systems or networks connected to the website, to any of our or our service providers’ servers, or to any of the services offered on or through the website, including but not limited to by hacking, password “mining”, or any other unauthorized means;
4.1.11. probe, scan, or test the vulnerability of the website or any network connected to the website or bypass the authentication measures on the website or any network connected to the website;
4.1.12. use any automated means to collect information or Content from or otherwise access the website, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
4.1.13. harvest or otherwise collect and store information about other users of the website, including e-mail addresses;
4.1.14. install any software, file, or code that is not authorised by the user of a computer or device or that assumes control of all, or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
4.1.15. interfere with or disrupt the operation of the website or server networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website.
5. Links to Other websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Color Agent or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
9.1. The Color Agent makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
9.2. No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
10. Spam Policy
You are strictly prohibited from using the website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
11. Third-party links and content
We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our website.
12. Modification and variation
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
13. Entire agreement
This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.
14. Term, Termination and Suspension
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
15. No Warranties
You agree that your use of the website and services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the website or services will meet your needs or that the website or services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the website or services is your sole responsibility and that we are not liable for any such damage or loss.
16. Exclusion of liability
16.1. You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
16.2. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the www.expeditedsolarpower.com website including loss of data or information or any kind of financial or physical loss or damage.
16.3. In no event shall The Color Agent, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
17. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
19. Law and Jurisdiction
These terms and conditions and the relationship between you and The Color Agent shall be governed by and construed in accordance with the Law of Texas and The Color Agent and you agree to submit to the exclusive jurisdiction of the Courts of Texas.