Terms & Conditions
Welcome to The Color Analyst!
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by The Color Analyst. This includes the mobile and tablet versions as well as any other version of The Color Analyst accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM THECOLORANALYST.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of The Color Analyst. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
Use of the website and services is prohibited to anyone under the age of 13. For children under the age of 18 and over the age of 13, it is the responsibility of the parent or legal guardian to determine whether use of the website, the services or any of the content available on the website is appropriate for their child or ward.
The Color Analyst may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
Users will be able to register and open an account on the website. When registering on the website, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Color Analyst of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without The Color Analyst’s prior authorization. The Color Analyst will not be liable for any loss or damage arising from your breach of this agreement.
Users can cancel their accounts at any time and for any reason through the account settings by sending us their requests through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to The Color Analyst.
The Color Analyst reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if The Color Analyst believes that you have violated any of these terms, provided The Color Analyst with false or misleading information, or interfered with any other party's use of the website or service.
3. NOTIFICATIONS AND NEWSLETTER
By providing The Color Analyst with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.
4. COLOR ANALYSIS SESSIONS
Sessions can be booked in person or online. Sessions will have a duration of 1 hour.
In-person appointments cannot be canceled. In the event that you are unable to keep your appointment, you can reschedule or change the in-person session to an online session, free of charge.
In-person sessions can be rescheduled only 1 time. In case you are unable to attend the in-person session, please contact The Color Analyst to reschedule the session.
The location of the session will be notified 1-3 prior to the session date via the client's contact information.
If you are not satisfied with the color analysis service, please send us a complaint request within 24 hours of the session and The Color Analyst will schedule another session, free of charge, to address any concerns or complaints and, if necessary, perform a new color analysis.
Please note that all session bookings are final and non-refundable. Once a session is booked, no refunds, refunds or cancellations will be accepted.
Payments will be processed through the payment processors available on the website. Payment for the session booking will be charged to your credit/debit card upon completion of the session booking process. Once the booking process is completed and the transaction is processed, we will send an electronic receipt to the user's email address.
If you find any inconsistencies in your billing, please contact us through our contact details or you can file a complaint through the customer service of the relevant payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.
If payment is declined, you will need to provide an alternative payment method or another card on which payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the services. The Color Analyst reserves the right to engage any commercially available payment website that processes your data for the sole purpose of processing the purchase of the services.
By purchasing or engaging the services of The Color Analyst, you agree that The Color Analyst does not guarantee any profit results, success or failure of the services or color sessions provided by The Color Analyst. The Color Analyst shall not be liable for any losses or profits that may be suffered or obtained by our clients that are directly or indirectly related to the provision of our services. The client acknowledges that the ultimate success or failure of the services provided by The Color Analyst will be the result of each client's particular situation, beyond the control of The Color Analyst.
7. USER CONTENT
Through the use of our services, the customer may provide content and information to us. The customer retains any copyrights or other rights it may have in the content it provides through the use of our services. The Color Analyst is not responsible for the accuracy, security or legality of the information or content provided by the customer through our services. By providing content and information through the use of our services, the customer grants The Color Analyst a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of providing our services properly.
All materials on The Color Analyst, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The Color Analyst or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on The Color Analyst are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The Color Analyst prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize The Color Analyst or any part of the material for any purpose other than its intended purposes is strictly prohibited.
9. COPYRIGHT INFRINGEMENT
The Color Analyst will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). The Color Analyst respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that The Color Analyst can find it on the website.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
10. CONFIDENTIAL INFORMATION
Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. The Color Analyst will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, The Color Analyst may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorized use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.
11. PERSONAL DATA
12. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to The Color Analyst or licensed to the The Color Analyst by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Color Analyst in connection with the services.
Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
Download any content unless it’s expressly made available for download by The Color Analyst.
13. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet The Color Analyst provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse The Color Analyst for any loss or damage caused as a result.
The Color Analyst shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, The Color Analyst excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to The Color Analyst and The Color Analyst shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on the website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from The Color Analyst.
All representations, warranties, conditions and other terms which but for this notice would have effect.
14. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by The Color Analyst for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify The Color Analyst from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the services.
16. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
17. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Color Analyst as a result of these terms or your use of the services.
18. INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and The Color Analyst, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. The Color Analyst may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, specifically the courts located in the State of Florida, shall have jurisdiction over any dispute, controversy or claim relating to The Color Analyst and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Florida.
20. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
21. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
The Color Analyst.