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WEBSITE TERMS OF USE

The Colonial, LLC (“Colonial”, “Company”, “we,” or “us”) website is comprised of various web pages operated by Company.

These terms of use are entered into by and between you and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of [colonialpromotions.com & colonialmask.com], including any content, functionality, and services (collectively, the “Services”) offered on or through [colonialpromotions.com & colonialmask.com] (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or any of the online web services, mobile applications and services for other types of devices provided to you on, from or through this Web site or our mobile applications, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://colonialpromotions.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

No children under 18

The Services are not directed at or intended for use by children under 18 years old. You may be required to provide a date of birth to register for certain functionality of the Website. You are not permitted to register or use the Services if you are under 18.

OWNERSHIP OF THE SITE

All pages within this site and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The site is protected by United States and international copyright and trademark laws. The Company name, the terms [COMPANY TRADEMARKS], [the Company logo,] and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. The contents of the site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this site (“content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Company without our express written consent.

Users Outside the United States

The Services are not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection, use and transfer that may differ from U.S. law, your personal information submitted through the Services transferred to the U.S. may not have the same legal data protection as in your jurisdiction.

SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

You are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the site, deep link to any feature or content on the site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.  You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.  You may not post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse, spyware, adware, malware or other harmful, malicious or disruptive component; or tamper with or damage the Services in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site.

In the event access to the site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.  We are not responsible for any losses arising out of the unauthorized use of your registration or the Services. If you believe that the security of your user ID and/or password has been compromised, you agree to immediately change your user ID and/or password to eliminate this security risk.  You will notify Company of any known or suspected unauthorized use of, or disclosure related to, your registration.  Your access to the site may be revoked by Company at any time with or without cause.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AGENTS, PARTNERS, CLIENTS, SPONSORS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PROVISIONS RELATING TO USER GENERATED CONTENT, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. 

Consent to Receive Communications

If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications.  You may opt out of these communications at any time using the prompts contained at the bottom of the communications.

ACCURACY AND INTEGRITY OF INFORMATION

Although Company attempts to ensure the integrity and accurateness of the site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the site and content thereon. It is possible that the site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or content posted to the site from any non-Company affiliated third party.

TYPOGRAPHICAL ERRORS AND INCORRECT PRICING

In the event a product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods  or Services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, Services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

ONLINE PAYMENTS

You can purchase products and/or Services on the site. We accept credit cards issued by U.S. banks. If a credit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with Company or the merchant and/or service provider in connection with the licensing or purchase of any product or Service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites (“linked sites”). The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Company is not responsible for webcasting or any other form of transmission received from any linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.  You are encouraged to review any privacy policy or terms of service posted on the linked sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

USER GENERATED CONTENT AND OTHER POSTINGS TO THE SITE

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our site (“user generated content” or “User Content”), you agree not to provide any user generated content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) without Company’s prior written approval (except for postings to job boards), constitutes an advertisement, promotion or solicitation of goods or services for commercial purposes (including but not limited to the solicitation of users of the Services to become users of other online services competitive with Company), or any other form of solicitation involving commercial activities and/or sales, such as contests, sweepstakes, advertising or pyramid schemes; or (4) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all user generated content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, perpetual, irrevocable, transferable right and license to use the user generated content however Company desires, including without limitation, to copy, link to, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, sublicense and/or distribute such user generated content and/or incorporate such user generated content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any user generated content in confidence; (2) to pay to you any compensation for any user generated content; (3) to provide notice to you or attribution regarding any User Content; or (4) to respond to any user generated content. Company and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to User Content directly or on its own behalf.

Company does not regularly review posted user generated content, but does reserve the right (but not the obligation) to monitor and edit or remove any user generated content submitted to the site. You grant Company the right to use the name that you submit in connection with any user generated content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any user generated content. You are and shall remain solely responsible for the content of any user generated content you make. Company and its affiliates take no responsibility and assume no liability for any user generated content submitted by you or any third party.

Company IS UNDER NO OBLIGATION TO POST OR USE ANY USER CONTENT, AND WE MAY REMOVE USER CONTENT OF WHICH WE BECOME AWARE AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION.  Company reserves the right to decide whether User Content is appropriate and complies with these terms and conditions.  Company assumes no responsibility or liability for the deletion, corruption, or loss of User Content or failure to receive or store User Content for any reason, including but not limited to malfunctioning of any network, hardware, or software. 

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any user generated content you post or allow to be posted to the site.

Contests, Sweepstakes and Promotions

You acknowledge that if and when Company sponsors contests, sweepstakes, or promotions (each a “Special Program”), or third parties sponsor a Special Program in conjunction with Company, Company or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with these Terms, will govern that particular Special Program.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SITE-RELATED SERVICES. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST THREE (3) MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SERVICE CONTACT: [orders@colonialllc.com]

TERMINATION/ACCESS RESTRICTION

Company reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice.  If your access or account has been terminated, Company may, but is not obligated to, irretrievably delete any and all content stored pertaining to activity from your registration.

GENERAL 

To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A., exclusive of its choice of law rules, and each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts of Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Website and/or Services and waives any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that neither you nor Company will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if Company is a party to such a proceeding. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Website. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’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 Company with respect to such use. If any part of this agreement 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these terms and conditions is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing in these terms and conditions shall be deemed to confer any third-party rights or benefits. These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.  

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Website are: by Company and/or its suppliers. All rights reserved. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.

Reporting Copyright Infringement and Repeat Infringer Policy

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may submit a notification of claimed infringement under the DMCA by sending us a notice (“Notice”) complying with the following requirements:

  • Identify the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to our Copyright Agent:

The Inspira Agency

717 Green Valley Road, Suite 200

Greensboro NC, 27408

E-mail:  kgriggs@theinspiraagency.com

Telephone: (336) 252-3300

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice may not be effective.  Company reserves the right to terminate a user’s access to the Services if we determine, in our sole discretion, that the user is a repeat infringer.  For purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Content (as defined above) removed from the Services more than once.

MODIFICATION OF THESE TERMS OF USE

Company reserves the right to change the terms, conditions, and notices under which the Website and/or Services are offered, including but not limited to the charges associated with the use of the Website.  Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.  However, any changes to the dispute resolution provisions set forth in the section titled “General” will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Updated October 27, 2020

© Colonial Promotions, Inc. 2021

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