Website Terms of Use

These Terms of Use (“Terms of Use”) govern your use the ProColor Collision USA LLC (“we,” “us,” and “our”) web sites on which these Terms of Use appear, and your use of the features therein.

BY USING AND ACCESSING THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW.  THESE TERMS OF USE ARE ENTERED INTO BY AND BETWEEN YOU AND US AND GOVERN YOUR ACCESS TO, AND USE OF, THIS WEB SITE.   Use of this web site is strictly voluntary. If you do not agree to these Terms of Use and our Privacy Policy, you must immediately log off this web site and may not use this web site.

These Terms of Use apply to your access to and use of this web site and do not alter in any way the terms and conditions of any other agreement you may have with us.  If you breach any of these terms and conditions, your authorization to use this web site automatically terminates and you must immediately discontinue use of this web site.

To access and use certain features of this web site, you may be required to register with us and use a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Collection of Visitor Information on this web site

Any information collected at this web site and the purposes for which we may use this information are set forth in Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using this web site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.

Copyright

All content, software, and technology included on this web site or used in the operation of this web site is the owned or licensed property of us or our content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is our exclusive property and is protected by U.S. and international copyright laws. We grant you permission to view and use content, software, and technology made available to you on this web site in connection with your own personal, noncommercial use of this web site.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this web site is strictly prohibited without written permission from us.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on this web site are Trademarks of ours and other parties.  Nothing on this web site shall be construed as granting any license or right to use any Trademark displayed on this web site without the prior written permission of the Trademark owner.  Other product and company names mentioned in this web site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on this web site or used in the operation of this web site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are our owned or licensed property.  Any use of these rights without our prior written permission is strictly prohibited.

Accuracy

Information on this web site may contain typographical errors, inaccuracies, or omissions.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. 

Disclaimer of Warranties

THIS WEB SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  WE MAKE NO REPRESENTATION THAT THIS WEB SITE IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS WEB SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS WEB SITE.     

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR RELATED ENTITIES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow 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 may have additional rights.

Under no circumstances whatsoever shall our aggregate liability resulting from or relating to your use of this web site exceed Five United States Dollars (USD $5.00).

Prohibited Activities and Visitor Obligations

As a visitor or user of this web site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or could otherwise be considered to be objectionable;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Post any material that contains software viruses, malware, or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • use this web site for any activity that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or that could otherwise be considered to be objectionable;
  • interfere with or otherwise limit the use of this web site by other users;
  • collect, compile, or store personal information about other users of this web site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this web site or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this web site or any affiliated or linked sites;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on this web site or the content contained therein without our prior, express, and written permission; or
  • use this web site for your own commercial purposes.

You agree that you are solely responsible for the Posting of any content ‎ (e.g., text, images, documents, photographs, videos‎) that you make available on or send through this web site.  In addition to the rights granted to us elsewhere in these Terms of Use, you hereby grant us the irrevocable right to copy and use User Content in connection with this web site and for the purposes related to your Post of the User Content.  Although we have no obligation to screen, edit or monitor any of the User Content or user conduct on this web site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this web site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to this web site, you represent and warrant that: (a) you have all necessary rights to Post the User Content to this web site and to grant the rights to us that you grant in these Terms of Use; (b) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and the Post thereof in connection with this web site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Indemnification

You agree to indemnify and hold us, our related entities, and our franchisees and our and their respective successors and assigns harmless from and against and in respect of any and all claims, demands, losses, obligations, liabilities, damages, recoveries, deficiencies, costs, and expenses, including reasonable attorneys’ fees, which relate to your use of this web site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Sites

This web site may contain links to other web sites.  Additionally, other web sites may contain links to this web site.  We do not review or monitor the web sites linked to this web site and we are not responsible for the content or policies of any other web sites.  Any link established by us does not constitute an endorsement of the other web sites or create a relationship between us and the operators of other web sites.  We disclaim any liability with respect to your use of any other web site, and you release us from any liability related to your use of any link to another web site or your use of any other web site.  Where this web site contains a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Third Party Providers of Functionality

We may have functionality in this web site that is provided, in whole or in part, by a third ‎party service provider.  You can usually identify such third party functionality by the ‎use of a trademark not owned by us on or near the functionality.  For such ‎third party functionality, you will need to review the terms of use and privacy policy for ‎that third party, which in some cases may require you to visit that party’s website and ‎locate the terms of use and privacy policy.  Your review should include determining ‎whether such terms and policy are acceptable to you.  If they are not, do not use the ‎associated functionality on this web site.‎

Notice for Claims of Intellectual Property Violations and Agent for Notice

We respect the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: ProColor Collision USA

  Attn: Privacy Officer

  650 Pelham Blvd, Suite 100
  St. Paul, MN 55114

By e-mail: privacy@procolorusa.com

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Web site, with enough detail that we may find it on the Web site;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Changes to Terms of Use

We may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on this web site.  Any use of this web site following the date on which changes to these Terms of Use or the Privacy Policy are published on this web site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this web site

We may modify, change, suspend, terminate or discontinue the operation of part or all of this web site without notice to you and we reserve the right to refuse service to anyone at any time, with or without cause.

Your Account

If you are a registered user of this web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password.  We have the right, without notice and in our sole discretion, to suspend or terminate your access to this web site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on this web site.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. 

Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota, USA, without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts located in the State of Minnesota, USA, (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; (iv) agree that any and all disputes, claims, and causes of action arising out of or relating to these Terms of Use shall be resolved individually, without resort to any form of class ‎action or other consolidation or joining of claims of other parties who may have similar claims; and (v) agree the Minnesota Courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

These Terms of Use do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.  If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

You are responsible for compliance with applicable laws. 

Jurisdictional Restrictions

Use of this web site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Use of this web site is unauthorized in any jurisdiction where all or any portion of this web site may violate any legal requirements and you agree not to access this web site in any such jurisdiction.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us through this web site (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, moral rights, trademark, and other intellectual property rights.  We have no obligation to maintain any confidentiality with respect to any such Submissions.  We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to this web site or these Terms of Use, please email us at privacy@procolorusa.com.

Last updated: August 10, 2020