TERMS OF USE
Welcome to TerryLudwig.com ! Terry Ludwig Pastels, LLC, a Colorado limited liability company at 8113 W. Brandon Dr., Littleton, CO 80125 (“TLP,” “Our,” “Us,” or “We”), owns and operates this website (the “Site”). These Terms of Use (“TOU”) and conditions describe you, the user’s (“You,” “Your,” or the “User”) rights and responsibilities with regard to the Site that You may use to receive Services. Your access to and use of the Site is subject to these TOU, Our Privacy Policy, as well as all applicable laws and regulations. In these TOU. You understand and agree that these TOU are entered into between you and TLP. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE, SERVICES, OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE OR SERVICES. The Site and Services are continually under development, and TLP reserves the right to review, amend, edit, alter, or remove any part of these TOU in its sole discretion at any time and without prior notice to you. You should check the TOU from time-to-time when you use the Site or Services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) added to the Services is also subject to these TOU upon posting to the Site. IF YOU DISAGREE WITH THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE OR SERVICES, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A RELEASE AND WAIVER OF LIABILITY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW, AND FURTHER: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL BE PERMITTED TO ONLY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. UNDER CALIFORNIA LAW PUNITIVE DAMAGES, APPEALS, AND JURY TRIALS MAY NOT BE AVAILABLE IN ARBITRATION. BY AGREEING TO THESE TERMS AND CONDITIONS YOU AGREE TO INDIVIDUALLY ARBITRATE AGAINST TLP REGARDING ANY CLAIM OR DISPUTE, YOU AGREE TO WAIVE ANY TRIAL BY JUDGE OR JURY, YOU WAIVE ANY RIGHT OF APPEAL AND ANY RIGHT TO ACCESS PUNITIVE DAMAGES. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING APPROPRIATE JURISDICTION AS GOVERNED UNDER THESE TOU.
SERVICES
Our Services include:
- Accepting, processing and fulfilling orders for Goods, as We define that term below.
- Production of proprietary pastel sticks and stick sets.
- Providing Users information on Our Goods and Services, including via the Site.
- Color matching for pastel sticks.
In order to qualify to use Our Services, the following must all be true:
- You are age 18 or over, or You are a minor with specific parental or guardian consent to use the Services.
- You or Your parent or guardian, as applicable, agree to be legally bound by and comply with these Terms of Use.
You understand and agree that satisfying the above requirements does not guarantee You will be able to participate in Our Services. We reserve the right to change or include new requirements as We deem fit in Our sole discretion and without providing You prior notice.
GOODS
The “Goods” We produce or sell generally include, but are not limited to, Our proprietary pastel sticks and sets of pastel sticks, aprons, third-party paper, and other items as can be found on the Site. Each pastel is hand-crafted according to Our proprietary and confidential recipe and process, with a broad range of pigments and minimal natural binders. Our production process renders highly-concentrated, velvety pastels. Our pastels are approximately 1 ½” x ½” x ½.” All sizes and colors of pastel sticks may vary. We generally offer sets in amounts of 14, 30 or 60 sticks. The number and types of pastels We offer, as well as the nature of Our sets, may vary from year-to-year. We make every effort to provide photographs on the Site that accurately reflect each of our pastel colors. We cannot and do not guarantee, however, that images on Your computer or device screen will match the final product You receive. Variations in color may be due to, among other things, Your screen size, calibration, resolution, and color values.
PROPOSITION 65 WARNING. California's Proposition 65 (“Prop 65”) entitles California consumers to receive special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. Please refer to California’s official governmental page on Prop 65 for more information: https://oehha.ca.gov/proposition-65.
We are as concerned about product safety as You are and We take all reasonable steps to comply with applicable safety and health requirements. Some of Our pastels contain chromium (III). Chromium (III) is generally non-toxic, other than in very high levels. Chromium (III) is non-toxic in the amounts used in Our pastels. Breathing chromium (III) does not irritate the nose or mouth in most people. Ingesting small amounts of chromium (III) is healthy and may even be recommended by a healthcare professional in adults (generally, 50 to 200 µg/d). Acute animal tests have shown chromium (III) to have moderate toxicity from oral exposure. There is not enough data to know if chromium (III) causes cancer. The amounts of chromium (III) We use in Our products are not known to be hazardous under the criteria of the Federal OSHA Hazard Communication Standard, 29 CFR 1910.1200. Our products do not contain cadmium.
As part of Our Services, Goods, and other offerings, We may facilitate transactions involving third-party goods subject to Prop 65. We do not produce these third-party goods and are not responsible for warnings associated with them. Please check all products for an appropriate Prop 65 disclosure.
IMPORTANT DISCLAIMER RE: PASTEL INGREDIENTS. Depending on their ingredients, some pastels are toxic. One of the most dangerous ingredients in pastels, cadmium, is a known carcinogen. WE DO NOT USE CADMIUM IN THE PRODUCTION OF OUR PASTELS.
CAUTION: DUST CREATION WILL OCCUR DURING USE OF PASTELS. OUR PRODUCTS MAY CAUSE MINOR SKIN OR EYE IRRITATION. WASH YOUR HANDS FOLLOWING PRODUCT USE. WEAR A NIOSH-APPROVED DUST RESPIRATOR WHILE HANDLING THIS MATERIAL. AVOID CONTACT WITH EYES. IF SKIN REDNESS DEVELOPS, DISCONTINUE USE AND WASH AREA WITH SOAP AND WATER. RINSE DUST FROM EYES WITH COPIOUS AMOUNTS OF WATER. IF INGESTED DRINK PLENTY OF WATER AND CONTACT A PHYSICIAN, IF NEEDED.
For chemical emergencies, call:
- (800) 424-9300 (Domestic North America)
- (703) 527-3887 (International)
Material Safety and Data Sheets are available upon request.
We conform to American Society of Testing Materials Practice D-4236. We are approved by the organization that sets standards for the safety of art materials.GENERAL DISCLAIMER REGARDING PASTELS. While Our pastels are generally non-toxic, please do not permit Your pets or children to have access to them. Licking, tasting, or otherwise consuming Our pastels could result in significant health consequences. Soft pastels are dusty. We attempt to make sure pastels arrive with a minimum of dust transfer in the packaging, but We cannot and do not guarantee pastels will arrive dust free. Do not inhale the dust from Our pastels. Please use Your commonsense while handling them. If You fear You, Your child, or Your pet is having a reaction to Our Pastels, please seek immediate medical attention.
ORDERS; PAYMENT; REFUND REQUESTS
The ordering and shipping terms in these TOU are intended and may only apply to the general public and individual purchasers of Our Goods. If You are a wholesaler, please refer to Your individual wholesale agreement for specifics regarding shipping, ordering, and otherwise.
To the extent the Services, Goods, or any portion thereof, are made available to You for a fee, You will be required to provide Us information regarding Your credit card or other payment instrument. You represent and warrant such information is true and accurate, and that You are authorized to use the payment instrument. You agree to pay all fees due for Services You request or Goods You order. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize Us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card is expired or TLP, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. TLP does not have any obligation to provide any Services or Goods unless and until full payment has been received or verified, as applicable and subject to these TOU. All fees and prices are listed and charged in association with the specific Good being offered and may change from time-to-time. We reserve the sole and exclusive right to change Our prices without limitation or any prior notification to You. Your continued use of the Services after a price change becomes effective constitutes Your agreement to pay the changed/charged amount. Our Site is not intended to be used by persons under the age of 18 unless under the specific supervision of their parent or guardian. Parents or guardians are responsible for all amounts charged or incurred by children or dependents.
While We attempt to fulfill every order, TLP cannot and does not guarantee the availability of any particular Good on the Site. TLP reserves the right to discontinue the sale of any Good on the Site at any time without notice. The availability of Our Services and Goods is subject to change at any time. TLP shall have the right to refuse or cancel any orders listed at an incorrect price or containing any other incorrect information. TLP shall have the right to refuse or cancel any orders whether or not the order has been accepted by TLP and Your payment has already occurred. TLP shall promptly issue a credit or refund for any payment amounts already made for cancelled orders. TLP reserves the right to limit quantities of Goods to the amount reasonable for Our regular, in-store customers. The prices displayed on this Site are quoted in U.S. dollars and are subject to reasonable exchange rates at the time of any purchase. Listed prices may not include shipping and handling or sales taxes, as applicable, which will be added to Your total purchase or invoice price.
Due to the nature of the product, We are unable to accept returns on pastels or pastel sets. Please inspect Your order as soon as possible after receiving it. If there are any problems with it, please contact Us immediately at customerservice@terryludwigpastels.com. We will try to correct any problems with Your order, but do not make any such guarantee. In order to receive any such correction, You must provide us photo evidence of the issue by emailing customer services at the above address. You may be required to provide Us additional information to appropriately handle Your issue.
If You dispute any charges, You must let Us know within thirty (30) calendar days after the date We charge You. You must submit a claim by email at customerservice@terryludwigpastels.com. The email must contain the following information: (i) the words "Refund Request" in the subject line; (ii) a detailed reason for the refund request, including the order or invoice number, as applicable; and (iii) the name and reasonable contact information for You or Your contact representative. Failure to provide the request and other information as required above may disqualify Your request for a refund. All approved refunds will be issued within thirty (30) calendar days of approval. Approved refunds will be paid using the payment method on file for the refunded party, or via any other method We determine is appropriate in Our sole and exclusive discretion.
SHIPPING
Generally. We generally ship orders in the order of their receipt. We aspire to process orders as quickly and accurately as possible. While We will use Our best efforts to promptly and reasonably fulfill every order, We cannot guarantee the availability of all Services or Goods at all times. The fulfilling of orders typically takes up to five (5) business days from the date We receive the order/request. Once packages leave Our facility, We are not responsible for delivery delays or any other shipping, delivery, carrier, or related issues. You must direct all questions, comments, or concerns regarding such issues to the shipping carrier. Please understand that Our Shipping Department is busier during certain times of the year.
Shipping Charges. Shipping charges are calculated pursuant to the applicable carrier You choose to ship Your order: the United States Postal Service (“USPS”), the United Parcel Service (“UPS”) or DHL Express Worldwide (for International shipments). We recommend shipping within the U.S. for larger/heavier packages via UPS. We do not provide any refund or credit for receiver refused orders, regardless of the shipping destination. If We have to re-ship an order due to a receiver refusal, We will assess an additional shipping charge.
Expedited Shipments. For expedited shipments We use UPS Next Day Air, Second Day Air, and Three Day Select. You may choose which form of expedited shipment You would like to use. The pricing for each option is displayed on the Site at checkout.
Track Your Order. Once We prepare Your order for shipping, You should receive a carrier-generated email receipt and an email receipt from Us. Shipping information and a tracking number will be on Your receipt.
Shipments Outside of the United States. We routinely ship packages internationally. We ship international packages using either USPS Priority International Mail or DHL Express Worldwide. YOU ARE INDEPENDENTLY AND SOLELY RESPONSIBLE FOR ANY AND ALL INTERNATIONAL OR BROKERAGE DUTIES, TAXES, OR FEES, INCLUDING BUT NOT LIMITED TO VAT. Please contact Your postal carrier and customs office to see how any such duties or fees apply or are assessed/collected. Standard Countries We ship to include: Canada, Australia, New Zealand, Russia, Czech Republic, Switzerland, Belgium, Spain, Sweden, France, Netherlands, Germany, Ireland, United Kingdom, Thailand, China and Japan.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT/IMPORT COMPLIANCE
Recognizing the global nature of the Internet, You agree to comply with all applicable rules and laws regarding online conduct and acceptable content. Use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations: (see https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) and sanctions control programs of the United States (see https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). You represent and warrant that You: (a) are not a prohibited party identified on any government export exclusion lists (see https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
USER INFORMATION
You may have to register or provide certain User, personal, or contact information (collectively, “User Information”) in order to access certain parts of the Site or Our Services. You agree to provide information that is accurate, complete and correct about Yourself. We will at all times maintain and use User Information in accord with Our Privacy Policy. If We have grounds, in Our reasonable and sole discretion, to suspect Your information is incorrect, misleading, outdated, or false, We have the right to suspend or terminate Your use of the Site and Services, or to ask You to correct it with applicable suspension until You do. You agree to immediately notify Us of any unauthorized use of Your User Information in any way or of any other breach of security that You become aware of involving or relating to the Services. To report such an issue, please email Us at customerservice@terryludwigpastels.com. TLP may take any and all actions TLP deems necessary or reasonable to maintain the security of the Site, Services, and Your User Information.
You are responsible for any and all activities occurring in association with Your use of the Site and Services, including while providing User Information to Us. Please be sure to save and keep safe any confidential or proprietary User Information, including but not limited to any credit card or password information. If You think Your User Information has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password with anyone. You may not use anyone else’s User Information at any time, unless You first obtain direct authorization from that person. TLP EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
USER OBLIGATION
You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site or Our Services. If You are between the ages of 13 and 16 years old, You may use the Site and Our Services solely with the approval of Your parent or legal guardian. You may not independently purchase anything from Our Site or through Our Services unless You are at least 18. You agree that Your use of the Site and any uses of any Services, materials related to the Site, or Our Goods, are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into these TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any Material within or through the Site.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.
PRIVACY POLICY
TLP understands the importance of confidentiality and privacy regarding Your personal information. Please see Our Privacy Policy for a description of how We may collect and use Your personal data. We incorporate Our Privacy Policy into these TOU by reference, each part of that Privacy Policy also constituting a term of these TOU.
SITE CONTENT
All information on this Site and within Our Services is intended to be general, marketing, or educational in nature. TLP assumes no responsibility or liability for how You use information obtained from this Site or Our Services.
OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE
With the exception of any personal data or information You submit maintained in accordance with Our Privacy Policy, You understand and agree that any information You provide to TLP on or through the Site or Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, product reviews, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of TLP. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting without notice to You or payment for it or any use of it. TLP shall be free to use any ideas, concepts, know-how, or techniques contained in any communication You send to TLP via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
To the extent the foregoing provision does not apply, or is deemed by a court of appropriate jurisdiction not to apply to any personal data or information subject to the foregoing paragraph, and to the extent permitted by law, You: (1) understand and agree that any such information provided by You may be used, copied, transmitted, reproduced, or displayed by TLP, TLP may create derivative works of any such data with similar rights of use, and TLP may provide such data to Our service providers in performance of their services and to Our successors and assigns; and (2) grant TLP Our service providers, Our successors and assigns, and Our affiliated service providers, a fully transferable, royalty-free, irrevocable, and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, transmit, create derivative works, and otherwise use and disclose to third-parties any data or information You submit on or through the Site for the purposes of providing the Services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of TLP using such data.
OWNERSHIP OF SITE CONTENT AND GOODS, TRADEMARKS, TRADE SECRETS, NO LICENSE
As between TLP and You, TLP is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our Site except as generally and ordinarily permitted through the Site according to these TOU. All pastel recipes are proprietary and confidential intellectual property or trade secrets of TLP. You promise not to attempt to discover Our trade secrets in any way, including but not limited to attempted reverse engineering or recipe investigation of Our pastels. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by TLP or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content. You may also not resell or use Our Goods for any commercial purpose, or alter, edit, or amend Our product packaging or trade dress for any commercial purpose, without Our prior, written consent. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site, Our Goods or Services, Trade Secrets, Goods, or Our other intellectual property, except as expressly stated herein, as permitted by applicable law, or with an express license granting such rights. Any agreement to resell Our products, regardless of the locality or jurisdiction of the sale, must be affirmed in a separate agreement prior to undertaking any such conduct. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (Our “Marks”) of TLP or its affiliates. You are not authorized to use any such Marks without the express written permission of TLP. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates.
ACCEPTABLE USE
Subject to Your compliance with these TOU, TLP grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use, and solely as permitted under these TOU and Our Privacy Policy. Any unlawful use of this Site or use inconsistent with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. TLP and its affiliates expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.
Except as TLP expressly authorizes, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site, Services, or Goods to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or the Goods; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site or Goods in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Services, Goods, or related materials in any way; (g) use or access the Site or Goods to create or develop competing products or services or for any other purpose that is to TLP or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site, Our Goods, or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure TLP or its service providers implement or have implemented to protect the Site and Goods; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, trade secret, patent, or other intellectual property or proprietary rights notices from Our Site or any content made available to You on or through Our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through Our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to TLP or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) use the Site, Goods, or Services in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e. g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site or Goods in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section. If TLP blocks You from accessing the Site or the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address).
LINKS TO THIRD-PARTY WEBSITES
The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). You may have arrived at the Site through a Linked Site. Linked Sites may not be under Our control, and We are not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
SITE ACCESS; TERMINATION
These TOU will remain in full force and effect as long as You continue to access or use the Site or the Services. You may terminate the TOU at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if You violate these TOU. TLP reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in TLP’s sole and exclusive discretion. Including but not limited to for Your violation of these TOU. The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; and Assignment.
Subject to applicable law, TLP reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention or content destruction policies, where applicable. After such termination, TLP will have no further obligation to provide the Services. YOU AGREE THAT IF YOUR USE OF THE SERVICES IS TERMINATED PURSUANT TO THESE TOU, YOU WILL NOT ATTEMPT TO USE THE SERVICES IN ANY WAY, AND FURTHER AGREE THAT IF YOU VIOLATE THIS RESTRICTION AFTER SUCH TERMINATION, YOU WILL INDEMNIFY AND HOLD TLP AND ITS AFFILIATES HARMLESS FROM ANY AND ALL LIABILITY TLP, ITS RELATED PERSONS, AS DEFINED BELOW, AND ITS AFFILIATES MAY INCUR FROM SUCH VIOLATION.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE YOUR USE OF THE SITE IS AT YOUR OWN RISK. TLP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE PROVISION OF THE SITE, OUR SERVICES, OUR GOODS, THE ACCURACY OR COMPLETENESS OF THE SITE, OUR GOODS, OR OUR SERVICES’ CONTENT, OR INFORMATION LINKED THROUGH THE SITE, INCLUDING LINKED SITES, OR OUR SERVICES. YOU ACKNOWLEDGE AND AGREE TLP PROVIDES THE SITE, SERVICES, AND GOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS, SUBJECT TO APPLICABLE LAW.
TLP AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, OUR GOODS, AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER TLP NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR YOUR MISUSE OF THE GOODS, INCLUDING BUT NOT LIMITED TO CONSUMPTION OF OUR PASTELS. DO NOT EAT OUR PASTELS. IT IS ALSO YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, TLP DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND TLP DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL OR INFORMATION.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL TLP OR ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE, THE GOODS, OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR GOODS. THIS IS TRUE EVEN IF TLP OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TLP, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, licensors, accountants, and attorneys, from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of materials or features available on the Site or Services, or Goods, in an unauthorized manner, including but not limited to via fraud, violation of law, willful misconduct, or any breach by You of these TOU.
MODIFICATIONS TO THE SITE
TLP reserves the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Site or Services or any portion of them, with or without notice. You agree TLP shall not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Site or Services.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TLP TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TLP.
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration in Denver, Colorado under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree the courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these TOU apply to the maximum extent permitted by law. TLP and You both agree that if a party cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by TLP of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by TLP to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these TOU, nor any Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
REMEDIES
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.
ASSIGNMENT
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. TLP and its affiliates may, in their sole and exclusive discretion, transfer, without further consent from or notification to You, all contractual rights and obligations pursuant to these TOU if some or all of the business of TLP is transferred to another entity by way of merger, sale of its assets, or otherwise.
HOW TO CONTACT US
Please contact Us at the below addresses to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site.
Terry Ludwig Pastels, LLC
8113 W. Brandon Dr.
Littleton, CO 80125
(303) 795-1232
customerservice@terryludwigpastels.com