TERMS OF USE

Welcome to Beyond Color Global, LLC d/b/a beyondcolorglobal.com and/or its Independent Business Owners ("beyondcolorglobal.com"). Beyondcolorglobal.com provides website features to you subject to the following terms of service (the "Terms").

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

The Terms herein are set forth the legally binding terms for your use of beyondcolorglobal.com and its related websites, and all advertisements included on beyondcolorglobal.com and its related websites (“websites”). By browsing, using or accessing the website, you signify that you have read, understand and agree to be bound by these terms. Additionally, you also signify that you have read, understand and agree to be bound by these terms as well as the guidelines, policies, terms and conditions applicable to such service(s) and/or Business(es). You are only authorized to use the website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these terms. If you do not agree to be bound by these terms and to follow all applicable laws, you should leave the website immediately.

1. AGREEMENT BETWEEN YOU AND BEYONDCOLORGLOBAL.COM These Terms apply to beyondcolorglobal.com and its related websites and all advertisements and Banner Advertisements ("Banner Ads") included on beyondcolorglobal.com and its related websites (collectively the "Website"). 

2. PRIVACY Please review our Privacy Policy, which also governs your visit to the website, unless otherwise noted. If another Privacy Policy is provided on a particular portion of the website, then that privacy policy will govern your visit to that particular portion of the website.

3. INTENDED AUDIENCE This website is a business and commercial website and is not intended for use by persons under the age of 18. Beyondcolorglobal.com sells products to adults who can purchase them with a valid, permitted payment method. The material on this website is published by beyondcolorglobal.com as a service to its Independent Business Owners and their members/customers who reside in the United States (including its territories). This website is not currently intended for access or use outside of these areas. You are responsible for compliance with the laws in your jurisdiction.

4. ELECTRONIC COMMUNICATIONS When you visit the website or send e-mail to beyondcolorglobal.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. RETURN AND SHIPPING POLICIES Products purchased from our Independent Business Owners must be returned directly to them within 15 days of purchase.  Products must be unused and unopened.  A restocking charge of 20% will be included in for any returned item.  Any products purchased directly through beyondcolorglobal.com, the same conditions apply.

6. POLICIES AND TERMS All purchases from the Independent Business Owners are governed by the terms and policies.

7. CONFIDENTIALITY You agree that all information you provide to beyondcolorglobal.com or your Independent Business Owner will be true, accurate, and complete. You agree to maintain the confidentiality of any identification number, key or password that you are provided by beyondcolorglobal.com or Independent Business Owners. You agree to accept full responsibility for all activities that occur under/on your account. You agree to immediately notify beyondcolorglobal.com of any unauthorized use your account or any other breach of security. You are fully responsible for all activities under your account. Beyondcolorglobal.com is not responsible for any misuse of your account by someone who uses your account credentials.

8. COPYRIGHT/PATENT All website design, text, graphics, logos, button icons, images, photos, video clips, digital downloads, data compilations and software are owned solely and exclusively by beyondcolorglobal.com or its content suppliers and protected by U.S. and international copyright or patent laws. The compilation of all content on the website is the exclusive property of beyondcolorglobal.com and protected by U.S. and international copyright laws. All software used on this website is the property of Beyond Color Global, LLC d/b/a beyondcolorglobal.com or its software suppliers and protected by United States copyright or patent laws. The contents of the website are Copyright © 2003-2012 Beyond Color Global, LLC d/ba beyondcolorglobal.com. ALL RIGHTS RESERVED. No website material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of beyondcolorglobal.com.

9. TRADEMARKS Beyond Color Global, LLC, it’s entities, logos, and products, brands and all other beyondcolorglobal.com graphics, page headers, button icons, logos, and brand names are service marks, trade names, trademarks and/or trade dress of Beyond Color Global, LLC d/ba beyondcolorglobal.com. in the United States. Beyond Color Global, LLC, it’s entities, logos, and products, brands and all other beyondcolorglobal.com graphics, page headers, button icons, logos, and brand names may not be used in connection with any product or service that is not sold by Beyondcolorglobal.com, in any manner that is likely, in the discretion of Beyondcolorglobal.com, to cause confusion among customers, or to disparage or discredit Beyondcolorglobal.com. All other trademarks not owned by Beyondcolorglobal.com that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beyondcolorglobal.com.

10. WEBSITE ACCESS Beyondcolorglobal.com grants you limited rights to access and make use of the website as an Independent Business Owner and/or customer. The website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of beyondcolorglobal.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beyondcolorglobal.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing beyondcolorglobal.com's name or trademarks without the express written consent of Beyond Color Global, LLC d/b/a beyondcolorglobal.com. Any unauthorized use terminates the permission or accessed granted by Beyondcolorglobal.com.

11. WEBSITE ACCURACY Beyondcolorglobal.com makes every attempt to provide you with accurate information. However, we do not warrant or guarantee that the website content is accurate, complete, reliable, current, or error-free. 

12. MODIFICATION OF WEBSITE POLICIES AND THE TERMS Beyondcolorglobal.com reserves the right to change our website, policies and the terms at any time, in our discretion. You are responsible for regularly reviewing our policies, the terms and additional terms posted on particular portions of the website. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEYONDCOLORGLOBAL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEYONDCOLORGLOBAL.COM MAKES NO WARRANTY THAT 1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, 2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT 4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEYONDCOLORGLOBAL.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER BEYONDCOLORGLOBAL.COM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM 1) THE USE OR THE INABILITY TO USE THE WEBSITE; 2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; 3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; 5) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR 6) ANY OTHER MATTER RELATING TO THE WEBSITE EVEN IF BEYONDCOLORGLOBAL.COM, ITS EMPLOYEES, INDEPENDENT DISTRIBUTORS ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. CHOICE OF LAW AND VENUE Any dispute that may arise between you and Beyond Color Global, LLC d/b/a beyondcolorglobal.com concluding, without limitation, claims for enforcement, breach or violation of duties or rights under the terms shall be governed by and adjudicated under the laws of the State of Florida, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Osecola County, Florida, U.S.A. in all disputes arising out of or relating to the use of the website.

16. INDEMNIFICATION You agree to indemnify and hold beyondcolorglobal.com, its parents, subsidiaries,  officers and employees, and Independent Business Owners harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of, conduct on or content provided to the website.

17. GENERAL a. You agree that no joint venture, partnership, employment, or agency relationship exists between you and beyondcolorglobal.com as a result of the terms or use of the website. b. Beyondcolorglobal.com reserves the right to disclose any personal information about you or your use of the website, including its contents, without your prior permission, if beyondcolorglobal.com has a good faith belief that such action is in compliance with its Privacy Policy or that it is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of beyondcolorglobal.com or its Independent Business Owners; (3) enforce the terms; or (4) act to protect the interests of its Independent Business Owners, Employees, Principals or others. c. Beyondcolorglobal.com's performance of the terms is subject to existing laws and legal process, and nothing contained in the terms is in derogation of beyondcolorglobal.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by beyondcolorglobal.com with respect to such use. d. If any part of the terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in full force and effect. e. Unless otherwise specified herein, the terms constitute the entire agreement between you and beyondcolorglobal.com with respect to the website and the terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and beyondcolorglobal.com with respect to the website. f. A printed version of the terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. g. Beyondcolorglobal.com reserves the right to refuse service, terminate accounts, remove or edit content at any time in its sole discretion.