Terms

Terms of Use (“Terms”)

Welcome to www.ColinLoCascio.com (the “Site”), brought to you by Colin LoCascio LLC .  The Site also refers to any mobile applications Colin LoCascio may provide from time to time.

Please review the following Terms that govern your use of the Site, and information and products obtained through the Site.  The Terms also include our Privacy Policy as though incorporated in its entirety herein.  Your use of the Site, and/or acceptance of information and products through the Site, constitutes your agreement to these Terms.

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. As a result, our Site and your use thereof is subject to the Shopify Inc. terms of use.

If you do not agree to these Terms, please do not use the Site, or use or obtain the products and services provided through the Site.

Should you have any questions concerning these Terms or any of our policies, please contact us at studio@colinlocascio.com. 

 

MODIFICATIONS TO SITE

 

The Terms may be amended by Colin LoCascio from time to time.  In such case, Colin LoCascio will provide notice on the Site that the Terms have been modified and your use of the Site after placement of such notice shall constitute your agreement with the modified Terms.  You agree that providing notice on the Site is adequate notice, and that it is your responsibility to and you agree to regularly review the Terms to be sure you are familiar with those that are most current.

 

Colin LoCascio may at any time, and from time to time, modify or discontinue, temporarily or permanently, the Site (or any part thereof).  You agree that Colin LoCascio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Notwithstanding the foregoing, Colin LoCascio undertakes no responsibility whatsoever for updating the Site or content therein.  To be certain that any information is current or remains accurate, please contact studio@colinlocascio.com

 

TERMINATION of ACCESS

 

We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your ability to access the Site, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate. 

 

PERMITTED USE AND PROHIBITED USE IN GENERAL

 

We hereby grant you limited permission to use the Site so long as we provide you with access, and solely for your personal use.  For the avoidance of doubt, we are not giving you any rights or license with respect to any aspect of the Site, all rights being held by us. 

 

We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site by one or more users, including you, at any time and for any reason.

 

Without limiting the foregoing, we specifically prohibit the use of the Site for any purpose deemed improper by us.  Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Site without our prior written authorization; (ii) use of the Site to transmit or attempt to transmit advertisements without our prior written authorization; (iii) use of the Site to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Site to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users; (v) disruption of servers or networks connected to the Site; and (vi) use that is not in compliance with these Terms.

 

Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Site any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.  You shall not act in a manner that negatively affects other users’ ability to interact with the Site.

 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 


You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

 

ERRORS AND OMISSIONS

 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site is inaccurate at any time without prior notice.

 

OUR PROPRIETARY RIGHTS

 

You acknowledge and agree that the Site contains proprietary information, content and other materials owned or controlled by Colin LoCascio and protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). 

 

Any use or copying of such information, content and other materials other than for your own personal, non-commercial use, without written permission from Colin LoCascio, is strictly prohibited.

 

You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. 

 

DIGITAL MILLENNIUM COPYRIGHT ACT

 

We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe that an infringement of intellectual property rights exists, please provide us with notice of the same to studio@colinlocascio.com .

 

If you believe there is or has been a copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

 

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

 

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

 

(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;

 

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

 

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All DMCA notices should be sent to:

studio@colinlocascio.com 

 
DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

 

THE SITE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS OTHERWISE STATED IN CONNECTION WITH THE PURCHASE OF OUR PRODUCTS, WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.

WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.

ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.

 

LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT 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 (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

 

EXCLUSIONS AND LIMITATIONS

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

You agree to hold us and our subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site or any information or content on the Site, or violation of these Terms.

 

choice of law; INTERPRETATION

 

These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, in the State of New York. 

 

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

THIRD-PARTY WEBSITES AND RESOURCES

 

The Site may provide links to third party websites or resources, such as social media networks (“Third Party Resources”). Because we have no control over external sites and resources, including Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.

 

We may enable social media connectivity on the Site from time to time.  This connectivity may link to our own social media accounts.  The specific content we may post on our own social media accounts is subject to these Terms.  However, those social media websites are also Third-Party Resources.  If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.

 

The social media connect functions are intended to enable us to connect with social media websites so that you can send text, photographs, videos and other information about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.

 

However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity.  It will not be protected by us.  You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines.  If you choose to engage in social media connectivity from our Site, you do so at your own risk.

 

PRODUCTS

 

The Site may contain references to specific products and services that may no longer be available.  Any such reference does not imply or warrant that any such products or services shall be available at any time.

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

By purchasing a product for yourself or others through the Site, you acknowledge that the products and other items that may be purchased and/or included within any other purchase from Colin LoCascio’s Site (collectively, an “Order”), are designed for use with or under specific conditions. 

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You represent that all billing information you provide with respect to purchases from Colin LoCascio is agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

NO WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

TAX EXEMPTION

Colin LoCascio may be required by law to collect sales and similar taxes on products it sells.   If you believe you qualify for a tax exemption, you may submit a valid tax exemption certificate demonstrating same to Colin LoCascio.   If a valid exemption certificate is received and processed before your order ships, the tax will be adjusted based on the certificate.  Otherwise, Colin LoCascio will not be able to honor an exemption.   

Colin LoCascio  must have received and approved your exemption certificate prior to shipment of any products for which the exemption is claimed by you.  Colin LoCascio cannot issue refunds for taxes collected after your product ships.

Exemption certificates may be submitted to studio@colinlocascio.com for Colin LoCascio to review.  Upon review, Colin LoCascio will inform you if your certificate is accepted, or Colin LoCascio may request additional information or modification or correction to the certificate. 

Colin LoCascio cannot and does not provide tax advice and assumes no responsibility for your tax matters.  You agree to indemnify Colin LoCascio for any damages Colin LoCascio might incur as a result of acceptance of your tax exemption certificates. 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

The Site may contain components or features enabling you to provide freeform comments, information, ideas, suggestions, proposals, plans, creative content or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”).  You understand that unless expressly stated otherwise, such User Content will not be treated as protected or personal information, and You represent and warrant that you will not include any personal information in such submissions.  You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content.  Unless otherwise expressly stated by us in instructions specifically given in connection with a Site feature or component, we are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content. 

You represent and warrant that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site.  You agree that you will not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to your identity or the origin of any User Content. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

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