Sign In

Terms and Conditions

These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Counselors of Color of PO box: 781983, Orlando FL, 32826 USA governing the use of our Web Site and our Services( collectively the “Services”). We license use of our Web Site to you on the basis of these Terms. We do not sell our Web Site to you and we remain the owner of our Web Site at all times.

 

  1. Terms and Conditions
  1. The provisions set out in these Terms govern your access to and your use of our Web Site and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Web Site.
  2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Web Site on these Terms.
  3. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services at any time, or remove or edit content (including content submitted by you) on our Services or on any of our affiliated websites (including social media pages).
  4. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Web Site or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
  5. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Services or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
  6. The following additional terms also apply to your use of our Services and form part of these Terms.
  7. Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your Personal Data in compliance with the General Data Protection Regulation. By using our Web Site , you consent to our collection, use and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact

 

  1. Subscription
  1. You become a subscriber to our Services by completing the registration.
  2. Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our Services.
  3. If you purchase a recurring subscription from us, the subscription period for our Services shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Services. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:
    1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
    2. on the renewal date of the subscription period thereafter, without any further action by you.
  4. Any Fees due in relation to our Services must be paid by their due date for payment, as notified to you through our Services or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to our Web Site or any of the Services.
  5. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
  6. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
  7. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
  8. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
  9. Unless otherwise notified in writing by us, termination of your access to our Services for any reason whatsoever shall not entitle you to any refund of the fees. If you cancel your subscription to our Services, you may continue to access our Services until the expiry of the subscription period in which the cancellation occurred.
  10. We may at our sole and absolute discretion, offer a refund of Fees for a particular subscription period where no actions have been taken in respect of our access to our Services during that subscription period and you have notified us in writing of your intention to terminate your subscription within three (3) days of the due date for payment for that subscription period.

 

  1. Uploading content
  1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Web Site complies with our Privacy Policy, the General Data Protection Regulation and any other applicable laws.
  2. You are fully responsible for your content uploaded to our Web Site. We will not be responsible, or liable to any third party, for:
    1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Services; or
    2. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
  3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Services.
  5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Web Site constitutes a violation of their rights under applicable
  6. We have the right to delete any content uploaded to our Services if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.

 

  1. Restrictions
  1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
  2. save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Services,
    1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Web Site or any of the contents therein for any commercial or other purposes;
    2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Web Site nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Web Site  or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
    3. not to provide or otherwise make available our Web Site in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
    4. to include our copyright notice on all entire and partial copies you make of our Web Site on any medium;
    5. to comply with all applicable technology control or export laws and regulations; and
    6. not to disrupt, disable, or otherwise impair the proper working of the Services, our Web Site or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

 

  1. Intellectual property rights
  1. You acknowledge that all intellectual property rights in our Web Site anywhere in the world belong to us, that rights in our Web Site  are licensed (not sold) to you, and that you have no rights in, or to, our Web Site  other than the right to use them in accordance with these Terms.
  2. Any intellectual property rights in content uploaded by you to our Web Site shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Web Site .
  3. You acknowledge that you have no right to have access to our Web Site in source code form.
  4. Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the Web Site , you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Web Site in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  5. Our status (and that of any identified contributors) as the authors of content on our Web Site must always be acknowledged.
  6. You must not use any part of the content on our Web Site for commercial purposes not specified on our Web Site  without obtaining a licence to do so from us or our licensors.
  7. If you print off, copy or download any content on our Web Site in breach of this Agreement, your right to use our Web Site  will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. Warranties
  1. While we make all efforts to maintain the accuracy of the information on our Web Site , we provide the Services, Web Site and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
  2. As part of the Services, you may communicate with Third Party’s and have access to Third Party’s Advice. Any information about Third Party’s is provided on an “as is” basis, based on information provided to us by the Third Party’s. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Third Party or Third Party’s Advice.
  3. You acknowledge that Third Party’s are not our agents or employees and all Third Party’s are solely responsible for any Third Party’s Advice.
  4. No Third Party is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on Third Party’s, we do not make any representations or warranties as to the qualifications or experience of any Third Party and you are encouraged to conduct your own due diligence on each Third Party, including whether such Third Party and Third Party’s Advice is relevant or suitable for your needs.
  5. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Web Site or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Web Site , the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

 

  1. Limitation of Liability
  1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Web Site and any Related Content. You expressly agree that your use of the Services and our Web Site , including reliance on any Third Party’s Advice, is at your sole risk.
  2. We do not assist with dispute resolution between any you and any Third Party and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Third Party. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Web Site or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
  3. You agree not to use the Services, our Web Site and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Web Site  or any other website or software) for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss or corruption of data or information;
    5. loss of business opportunity, goodwill or reputation; or
    6. any other indirect or consequential loss or damage.
  4. Nothing in these Terms shall limit or exclude our liability for:
    1. death or personal injury resulting from our negligence;
    2. fraud; and/or
    3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
  5. Our Web Site is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
  6. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Web Site . Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Web Site which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

 

  1. Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Web Site , Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy, EULA, Acceptable Use Policy or Cookie Policy) or any laws or regulations or otherwise.

 

  1. Other important terms
  1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
  2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
  4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
  5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Florida. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Florida.