Terms and Conditions of Use
[WWW.SOPHICOLOR.COM] is a property of Precision Textile Color, Inc., a Massachusetts corporation hereinafter sometimes referred to as “Precision Textile”.
[www.sophicolor.com] provides information to you via this website concerning products and services sold by Precision Textile including but not limited to product specifications and color references (the “Precision Textile Information”). The viewing and downloading of Precision Textile Information, the Precision Textile Information itself, and the use of this website are hereinafter collectively referred to as the “Precision Textile Services”. The Precision Textile Services are provided to you subject to the following terms and conditions which you agree to by using the Precision Textile Services. Do not use the Precision Textile Services unless you agree to these terms and conditions.
INTELLECTUAL PROPERTY OF [PRECISIONTEX.COM][SOPHICOLOR.COM]
All content on this website is the property of Precision Textile Color, Inc.
- Print or make copies of the content for personal use IF you keep the Precision Textile Color or Sophicolor logo intact.
- Print or make copies of the content for use in your business or organization to determine what products you need, or whether Precision Textile Color or Sophicolor provides the products you need, IF you keep the Precision Textile Color or Sophicolor logo intact.
- Use the content within the context of fair use.
You may NOT (without written permission):
- Remove the [www.sophicolor.com] header from any print or copy of the content.
- Use the content to directly or indirectly promote a business other than Precision Textile.
- Use the content in any way that is likely to cause confusion to customers.
- Post the content to your website.
If you find the content on our website useful and want to share it we encourage you to link to it. In addition to linking, written permission for use of the content may be obtained by contacting us at [firstname.lastname@example.org].
All content included in or made available through any Precision Textile Service, including but not limited to text, graphics, product drawings, product specifications, charts, logos, button icons, images, audio clips, color references, numbers, formula, names, digital downloads, and data compilations, is the property of Precision Textile and protected by U.S. and international copyright and trademark laws. The compilation of all content included in or made available through any Precision Textile Service is the exclusive property of Precision Textile and protected by U.S. and international copyright laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Precision Textile Service are trademarks or trade dress of Precision Textile in the U.S. and other countries. Precision Textile’s trademarks and trade dress may not be used in connection with any product or service that is not Precision Textile’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Precision Textile. All other trademarks not owned by Precision Textile that appear in any Precision Textile Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Precision Textile. For questions, clarifications or requests regarding the Intellectual Property of [www.sophicolor.com], please feel free to contact Precision Textile at [email@example.com].
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use, Precision Textile or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Precision Textile Services solely for the purpose of evaluating a potential purchase of products and service sold by Precision Textile. This license does not include any resale or commercial use of any Precision Textile Service, or its contents, including but not limited to product specifications and drawings; any collection and use of any product listings, descriptions, drawings, or prices; any derivative use of any Precision Textile Service or its contents; any downloading or copying of information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by Precision Textile Color and Sophicolor. No Precision Textile Service, nor any part of any Precision Textile Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Precision Textile. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Precision Textile without express written consent. You may not use any meta tags or any other “hidden text” utilizing Precision Textile Color’s name or trademarks without the express written consent of Precision Textile. You may not misuse the Precision Textile Services. You may use the Precision Textile Services only as permitted by law. The licenses granted by Precision Textile Color terminate if you do not comply with these Conditions of Use or any Service Terms. Notwithstanding the foregoing, any program that searches the internet for keywords or phrases may have access to the content of sophicolor.com solely for the purpose of returning to its users the results of said search.
When you use any Precision Textile Color or Sophicolor Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use any Precision Textile Color and Sophicolor Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Precision Textile does sell products for children. If you are under 18, you may use the Precision Textile Services only with involvement and permission of a parent or guardian.
Precision Textile Color and Sophicolor attempt to be as accurate as possible. Precision Textile Color does not warrant, however, that product descriptions or other content of any Precision Textile Color and Sophicolor Service is accurate, complete, reliable, current, or error-free. [If a product offered by Precision Textile Color and Sophicolor itself is not as described, your sole remedy is to return it in unused condition.]
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRECISION TEXTILE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRECISION TEXTILE SERVICES ARE PROVIDED BY PRECISION TEXTILE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PRECISION TEXTILE COLOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRECISION TEXTILE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRECISION TEXTILE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRECISION TEXTILE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRECISION TEXTILE COLOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRECISION TEXTILE DOES NOT WARRANT THAT THE PRECISION TEXTILE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRECISION TEXTILE COLOR SERVICES, PRECISION TEXTILE COLOR’S AND SOPHICOLOR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PRECISION TEXTILE COLOR AND SOPHICOLOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRECISION TEXTILE COLOR AND SOPHICOLOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRECISION TEXTILE COLOR AND SOPHICOLOR SERVICE OR PRODUCT, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PRECISION TEXTILE COLOR SERVICE (SOPHICOLOR OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTESAny dispute or claim relating in any way to your use of any Precision Textile Color And Sophicolor Service through [www.sophicolor.com] will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [firstname.lastname@example.org]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, in Boston, Massachusetts. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Precision Textile Color Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that may arise between you and Precision Textile.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Precision Textile Color, Inc. 244 Liberty Street, Suite 4 Brockton, MA 02301 508-897-6620
Last updated: April 5, 2017