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Terms & conditions

Use of this Website:

Thank you for visiting www.colormaxna.com (the “Website”), which is owned and operated by Chur Distribution LLC dba ColorMAX North America (together with its affiliates, “ColorMAX North America”). You should not access or use this Website until you have carefully read and agreed to these terms and conditions of use (the “Terms”). By using this Website, you fully accept and agree to comply with these Terms. If you do not agree to these Terms, you may not further access or use the Website. ColorMAX North America is providing this Website as an information service to the internet community. Use of this Website and access to the material it contains is subject to the Terms as well as any and all applicable laws, rules and regulations. Accordingly, this Website may only be used for lawful purposes. All materials provided on this Website are information of a general nature and do not address the circumstances of any particular individual or entity. Nothing in this Website constitutes professional and/or financial advice, nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the applicable laws, rules and regulations relating thereto. No action should be taken or omitted to be taken in reliance upon information provided on or otherwise obtained directly or indirectly through this Website. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. You should check the Website and these Terms periodically for modifications. ColorMAX North America may modify the Website and/or the Terms from time to time without notice to you. By using the Website following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Website.

Nothing on this Website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities of ColorMAX North America or any investment vehicle managed or advised by or on behalf of ColorMAX North America, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment of any kind whatsoever.

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS”. NEITHER ColorMAX North America NOR ANY OF ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “REPRESENTATIVES”) IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE. ColorMAX North America AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. ColorMAX North America AND ITS REPRESENTATIVES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

Under no circumstances will ColorMAX North America or its Representatives be liable for any direct or indirect consequential, incidental, loss of profit, special, punitive, or exemplary damages arising out of any use of or inability to use the Website or any portion thereof, regardless of whether ColorMAX North America or its Representatives have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability, or otherwise. You hereby agree to defend, indemnify, and hold ColorMAX North America and its Representatives harmless from and against any and all claims, liabilities, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees and court costs, in any way arising from, related to, or in connection with your use of the Website, your violation of these Terms, and/or the posting or transmission of any communications, information, or materials on or through the Website by you or on your behalf, including, without limitation, any third party claim that any such communications, information, or materials infringe upon any third party proprietary right.

Information Submitted to ColorMAX North America/Prohibited Uses:

Please do not send any information to ColorMAX North America that constitutes a trade secret or is confidential or proprietary in nature. ColorMAX North America cannot agree to obligations of confidentiality, non-use or non-disclosure with regard to information submitted to it. By submitting information or materials to ColorMAX North America, you and any and all parties acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. ColorMAX North America is not obligated to review any information or materials sent to it, and ColorMAX North America reserves the right to reject any and all communications, information and/or materials in its sole discretion, and ColorMAX North America and its Representatives shall be under no obligation to return any information or materials to you. It is possible that ColorMAX North America and/ or its Representatives will receive a number of similar plans and ideas, and you understand that your idea may have previously been submitted to ColorMAX North America and/or its Representatives and may be under our consideration. In no event shall ColorMAX North America or its Representatives be limited or restricted from pursuing any opportunities with others.

ColorMAX North America specifically prohibits any use of the Website for: (a) posting any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, or (iii) material that infringes on any other intellectual property, privacy or publicity right of another person or entity; (b) impersonating another person or entity; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of applicable laws, rules and/or regulations. In addition, you are prohibited from violating or attempting to violate the security of the Website or ColorMAX North America’s systems or network security, including, without limitation, the following: (1) accessing data not intended for users of the Website or gaining unauthorized access to an account, server or any other computer system; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (3) attempting to interfere with the function of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Website’s or ColorMAX North America’s systems or network security may result in civil or criminal liability.

ColorMAX North America Proprietary Rights:

The Website, including any and all of its contents, such as text, images, audio, and the HTML used to generate the pages (collectively, the “Content”), are the sole and exclusive property of ColorMAX North America or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under applicable laws, rules and regulations. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Website in whole or in part, for any public or commercial purpose without the express prior written consent of ColorMAX North America. ColorMAX North America hereby grants you a personal, non-exclusive, non-transferable license to access the Website, and to use the information and services available on the Website solely for personal, internal and non-commercial purposes. Except as otherwise provided herein, use of the Website does not grant you a license to any Content, features or materials you may access on the Website. You hereby grant to ColorMAX North America a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, and royalty-free license to use any content you post on the Website for any purpose, subject to the express terms of this Agreement. As between you and ColorMAX North America (or another company whose marks appear on the Website), ColorMAX North America (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the Content and/or information on the Website. In particular, the ColorMAX North America logos and service names are trademarks of ColorMAX North America (collectively, the “ColorMAX North America Marks”). Without ColorMAX North America’s express prior written consent, you agree not to display or use any of the ColorMAX North America Marks in any manner whatsoever. Nothing on the Website should be construed to grant any license or right to use any ColorMAX North America Mark without the express prior written consent of ColorMAX North America. ColorMAX North America Marks may be registered in the United States and internationally.

Linked Websites:

When you select certain hyperlinks you will be leaving the ColorMAX North America Website. These hyperlinks take you to publicly available Websites, which are not within the control of ColorMAX North America. ColorMAX North America and its Representatives make no warranties, either express or implied, concerning the content of such Websites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do ColorMAX North America and its Representatives warrant that such Websites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such Websites or content are devoid of viruses or other contamination. Links to the non-ColorMAX North America Websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such Websites, or any representation regarding the content at such Websites.

Local Restrictions:

There are legal requirements in various countries and jurisdictions which may restrict the information which ColorMAX North America can lawfully provide the user. Persons into whose possession the information in this Website comes should inform themselves about and observe any restrictions imposed in the jurisdiction in which the Website is accessed.

Privacy Policy:

We reserve the right to track visitors to, and usage of, this Website through “cookies” and similar techniques and to use any resulting information as we determine in our sole and absolute discretion.

General:

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and any and all matters or controversies arising therefrom or otherwise relating thereto. Please note that your use of the Website may be subject to other local, state, national, and international laws, rules and regulations. You consent to the exclusive jurisdiction of the state and federal courts of New York for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to ColorMAX North America, its Representatives, and/or the Website must be commenced within one (1) year after the claim or cause of action arose. The failure of ColorMAX North America or its Representatives to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without ColorMAX North America’s express prior written consent. These Terms inure to the benefit of ColorMAX North America’s and its Representatives’ respective successors, assigns and licensees. The Terms constitute the entire agreement between you and ColorMAX North America and govern your use of the Website, superseding any prior agreements between you and ColorMAX North America or its Representatives.