1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Color by Design (“we,” “us,” or “our”), concerning your access to and use of the colorbydesign.com website and our color questionnaire service (collectively, the “Service”).
By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you must not access or use the Service.
2. Use of Service
2.1 Eligibility
You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract.
2.2 Permitted Use
The Service, including our color questionnaire and recommendations, is provided for personal, non-commercial use only. You may use our questionnaire to receive color recommendations for your personal home or business spaces.
2.3 Prohibited Uses
You agree NOT to:
- Use the Service for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to any portion of the Service
- Reproduce, duplicate, copy, sell, or exploit any portion of the Service without our express written permission
- Use any automated system (bots, scrapers, etc.) to access the Service
- Interfere with or disrupt the Service or servers connected to the Service
- Transmit any viruses, malware, or other malicious code
3. Color Questionnaire & Recommendations
3.1 Nature of Service
Color by Design provides a questionnaire designed to recommend paint colors based on professional interior design principles. Our recommendations consider factors such as natural lighting, cardinal window directions, room dimensions, and desired mood.
3.2 No Guarantees
IMPORTANT: Our color recommendations are suggestions based on design principles and the information you provide. We do NOT guarantee:
- That you will be satisfied with the recommended colors
- That colors will appear exactly as expected in your specific space
- That the colors will match your personal preferences
- Any specific outcome or result from implementing our recommendations
Color perception is subjective and can be affected by numerous factors including lighting conditions, surrounding colors, texture, time of day, and individual perception.
3.3 Your Responsibility
You are solely responsible for:
- Testing paint colors in your actual space before full application
- Making the final decision on paint color selection
- The purchase and application of any paint
- Any results or outcomes from implementing our recommendations
3.4 Professional Advice Disclaimer
Our Service provides general color guidance based on interior design principles. It does NOT constitute professional design consultation for your specific circumstances. For complex projects, we recommend consulting with a licensed interior designer or paint professional.
4. Intellectual Property Rights
4.1 Our Property
All content on this Service, including but not limited to text, graphics, logos, questionnaire design, decision tree logic, design principles, images, and software, is the property of Color by Design and is protected by United States and international copyright, trademark, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal purposes only. This license does not include:
- Any resale or commercial use of the Service or its contents
- Any collection or use of product listings, descriptions, or prices
- Any derivative use of the Service or its contents
- Any downloading or copying of information for the benefit of another business
- Any use of data mining, robots, or similar data gathering tools
4.3 Trademarks
“Color by Design” and related marks are trademarks of Color by Design. You may not use these trademarks without our prior written permission.
5. User Content
If you submit any content to our Service (such as photos, comments, reviews, or testimonials), you grant Color by Design a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and display such content in connection with the Service and our business operations.
You represent that:
- You own or have the rights to submit such content
- Your content does not infringe on any third party’s rights
- Your content is accurate and not misleading
We reserve the right to remove any content at our discretion.
6. Disclaimers and Limitations of Liability
6.1 “AS IS” Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, timely, secure, or error-free
- The results from using the Service will be accurate or reliable
- The quality of any recommendations will meet your expectations
- Any errors in the Service will be corrected
6.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COLOR BY DESIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Service
- Any unauthorized access to or use of our servers
- Any interruption or cessation of the Service
- Any bugs, viruses, or other harmful code transmitted to or through the Service
- Any errors or omissions in any content or recommendations
- Any dissatisfaction with the paint colors chosen based on our recommendations
- Any costs associated with purchasing or applying paint
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
6.3 Paint Application Risks
You acknowledge that painting involves inherent risks, including but not limited to: surface preparation, paint application technique, drying time, ventilation, and potential for user error. We are not liable for any issues arising from the paint application process itself.
7. Indemnification
You agree to defend, indemnify, and hold harmless Color by Design, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney’s fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit to the Service
8. Third-Party Links
Our Service may contain links to third-party websites (such as paint manufacturer websites or retailers). These links are provided for your convenience only. We do not endorse or have control over these websites and are not responsible for their content, privacy policies, or practices. You access these third-party sites at your own risk.
9. Modifications to Service
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
10. Changes to Terms
We may update these Terms and Conditions from time to time. When we do, we will post the updated Terms on this page and update the “Last Updated” date at the top. Your continued use of the Service after any changes indicates your acceptance of the new Terms.
We encourage you to review these Terms periodically to stay informed of updates.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
11.2 Dispute Resolution
Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.
11.3 Jurisdiction
You agree to submit to the personal jurisdiction of the courts located in Volusia County, Florida, United States for any actions not subject to arbitration.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
13. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Color by Design regarding the Service and supersede any prior agreements.
14. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Color by Design
Email: colorbydesignco@gmail.com
By using Color by Design’s Service, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.
