2718 Centerville Road
Tallahassee, FL 32308
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with COTON COLORS and are 18 years of age or older. If you do not meet these requirements, you must not access or use the Website.
Accessing the Website and Account Security
COTON COLORS reserves the right to withdraw or amend the Website, and any service or material COTON COLORS provides on the Website, in COTON COLORS' sole discretion without notice. COTON COLORS will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, COTON COLORS may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of COTON COLORS' security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify COTON COLORS immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
COTON COLORS has the right to disable any user name, password, or other identifier, whether chosen by you or provided by COTON COLORS, at any time in COTON COLORS' sole discretion for any or no reason, including if, in COTON COLORS' opinion, you have violated any provision of the Terms and Conditions.
Intellectual Property Rights
All of the content on the Website (images, illustrations, graphics and text) is governed by the Coton Colors Intellectual Property Policy (see www.XXXXXXXXXX)
You may use the Website only for lawful purposes and in accordance with the Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as defined herein).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate COTON COLORS, a COTON COLORS employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by COTON COLORS, may harm COTON COLORS or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms and Conditions, without COTON COLORS' prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website contains product review sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards (as defined herein). Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant COTON COLORS and COTON COLORS' affiliates and service providers, and each of their and COTON COLORS' respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Monitoring and Enforcement; Termination
COTON COLORS has the right to:
- Remove or refuse to post any User Contributions for any or no reason in COTON COLORS' sole discretion.
- Take any action with respect to any User Contribution that COTON COLORS deems necessary or appropriate in COTON COLORS' sole discretion, including ifCOTON COLORS believes that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for COTON COLORS.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms and Conditions.
Without limiting the foregoing, COTON COLORS has the right to cooperate fully with any law enforcement authorities or court order requesting or directing COTON COLORS to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS COTON COLORS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, COTON COLORS cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, COTON COLORS assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. COTON COLORS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by COTON COLORS or any other person or entity, if this is not the case.
Linking to the Website and Social Media Features
You may link to COTON COLORS' homepage, provided you do so in a way that is fair and legal and does not damage COTON COLORS' reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on COTON COLORS' part without COTON COLORS' express written consent.
Gift Card Messages
COTON COLORS' gift card service is provided to COTON COLORS' customers for messages to family and friends. COTON COLORS does not permit the use any type of obscene, profane, or threatening language that could violate any law or regulation. COTON COLORS may restrict or remove any content from a gift message that COTON COLORS determines violates its guidelines.
COTON COLORS makes every effort to display accurate pictures and colors of COTON COLORS' products on the Website. However, the colors you see will depend on your monitor, and COTON COLORS cannot guarantee that your monitor's display will be accurate.
The prices displayed on the Website are quoted in U.S. currency and are subject to change at any time.
Errors and Inaccuracies
COTON COLORS' goal is to provide complete and accurate information on the Website. However, it is not possible to ensure that any website is free of human or technological errors. Therefore, the Website may contain errors that relate to pricing and availability. COTON COLORS reserves the right to correct any of these errors even after the order has been submitted, and change information at any time without notice.
The information presented on or through the Website is made available solely for general information purposes. COTON COLORS does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. COTON COLORS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by COTON COLORS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of COTON COLORS. COTON COLORS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You understand that COTON COLORS cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COTON COLORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COTON COLORS NOR ANY PERSON ASSOCIATED WITH COTON COLORS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COTON COLORS NOR ANYONE ASSOCIATED WITH COTON COLORS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW,COTON COLORS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COTON COLORS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from COTON COLORS' gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless COTON COLORS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in the Terms and Conditions, or your use of any information obtained from the Website.
Information about You and Your Visits to the Website
This Agreement will be governed by the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions. Any dispute you may have with respect to the Website must be commenced within one year after it arises, or the cause of action is barred. Any proceedings between you and COTON COLORS must be brought in the state and federal courts located in Leon County, North Carolina.Florida.
COTON COLORS welcomes and encourages any comments or suggestions regarding the Website. However, any comments, feedback, suggestions or ideas sent to the Website remain the exclusive property of COTON COLORS. COTON COLORS shall be entitled to use any material submitted in any way without restriction and without compensating you.