Persons who supply us with their telephone numbers, mailing addresses or e-mail addresses online may receive telephone, mail or email contact from us with information regarding special promotions, new products and services or upcoming events. All the Write Colors will not release, sell, rent or trade the personal information of any of our customers to any third party. We may use third-party advertising companies to serve ads on our behalf, or to track and analyze usage and volume of statistical information from our web site customers to improve the quality of our web site. No data collected by a third party on our behalf may be owned or used by any third party. We reserve the right to publish non-personally identifiable, summary information regarding our web site customers for promotional purposes and as a representative audience for advertisers.
We are not responsible for the content of external web sites. The inclusion of a link to a third party website from our website should not be understood as an endorsement or authorization of any content, concepts, offers, advertising or any other content or information. Many of these other web sites may send their own cookies to users, collect data, or solicit personal information and we do not guaranty the security of any information that you may disclose.
WARRANTY AND OTHER DISCLAIMERS
The materials and information you will find on All the Write Colors website are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with All the Write Colors website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. We do not warrant that our website will operate error-free or that our website or server is free of computer viruses and other harmful components. If your use of our website results in the need for servicing or replacing equipment or data, we are not responsible for those costs or any related damage. You specifically acknowledge that All the Write Colors is not liable for any defamatory, offensive, infringing or illegal materials or conduct, or that of third parties contained on All the Write Colors website, and All the Write Colors reserves the right to remove such materials from All the Write Colors website without liability.
AWC reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to, any term, policy, or guideline, as any time without notice or acceptance by You. You can review the most current version of these Terms at any time at www.allthewritecolors.com. Regardless of whether AWC has provided You notice, Your continued use of the AWC website following AWC's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms.
It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services or other information provided through the AWC website. Descriptions of or references to products, services, or publications within the AWC website do not imply endorsement of that product, service, or publication.
You may not, for commercial purposes, publish, transmit, reproduce or distribute any information or other material obtained through the AWC website, except as expressly permitted by AWC, or the provider of such information or other material. You expressly agree to respect all copyright, trademark and proprietary rights of AWC and its dealers, distributors, partners and/or contractors. The organization, manner of presentation and screen designs of the AWC website are the sole property of AWC and may not be reproduced without the express written consent of AWC. AWC expressly reserves all rights in its copyrights, trademarks, trade names, and other proprietary information set forth on the AWC website.
While using the AWC website, You may not: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the United States export control laws and regulations and federal and state antitrust laws; (b) post or transmit any information or software that contains a virus, Trojan Horse, worm, or other harmful component; (c) post, publish, transmit, reproduce, distribute or in any exploit any information, product or other material obtained through the AWC website for commercial purposes (other than as expressly permitted by AWC or the provider of such information, product, or other material); or (d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the AWC website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or holder.
Upon clicking on a hyperlink button on the AWC website, You will leave the AWC website, and AWC is expressly not responsible for the content of any hyperlinked web site. AWC authorized dealers, distributors, partners or contractors are independently owned and operated, and are neither affiliated with nor agents or representatives of AWC. As more fully set forth below, AWC makes no representations or warranties as to, and accepts no duty or responsibility for, the performance, acts or omissions of such parties.
With respect to content on the AWC website or other hyperlinked website, You understand that all information, data, text, software, music, sound, photographs, graphics, video messages, goods, products, services, dealer, distributor, or contractor information, or other materials (collectively, “Content”), are the sole responsibility of the person or entity from which such Content originated. AWC does not control the Content posted by its dealers, distributors, partners, contractors, or agents, and as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that AWC does not pre-screen Content, but that AWC and its designees shall have the right (but not the obligation) in AWC's sole discretion to refuse or remove any Content that is made available on the AWC website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AWC WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AWC 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. AWC DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE AWC WEBSITE OR OTHER HYPERLINKED WEBSITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AWC WEBSITE OR OTHER HYPERLINKED WEBSITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE AWC WEBSITE WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE AWC WEBSITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE AWC WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. AWC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE AWC WEBSITE AND ANY MATERIAL, RESULTS, INFORMATION, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE USE OF THE AWC WEBSITE OR OTHER HYPERLINKED WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU FURTHER AGREE TO ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR OTHER USE OF SUCH MATERIAL, RESULTS, AND/OR DATA.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AWC AND ITS AFFILIATES, OR OTHER PARTNERS, AGENTS, OR CONTRACTORS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, THAT RESULT FROM: (A) THE USE OR INABILITY TO USE THE AWC WEBSITE; (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE AWC WEBSITE; OR (C) YOUR RELIANCE ON OR USE OF ANY DATA, INFORMATION, MATERIAL, OR PRODUCTS OBTAINED FROM OR PROVIDED THROUGH THE AWC WEBSITE OR OTHER HYPERLINKED WEBSITE.
These Terms between You and AWC shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. You and AWC agree to submit to the sole and exclusive personal jurisdiction of the federal and state courts located within the state of Texas for any dispute arising from, or related to, these Terms. The failure of AWC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement governing the use of the AWC website, superseding any prior versions of the Terms. If any provision of these Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, You and AWC nevertheless agree that the court should endeavor to give effect to AWC's intention as reflected in the provision, and the other provisions of these Terms remain in full force and effect.