Terms and Conditions
Terms and Conditions
Agreement between User and www.chromaXpress.com
Welcome to www.chromaXpress.com. The www.chromaXpress.com website (the "Site") is
comprised of various web pages operated by ChromaXpress, LLC ("ChromaXpress").
www.chromaXpress.com and solventprintersupplies.com are offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of
www.chromaXpress.com and/or solventprintersupplies.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.chromaXpress.com is a news and information website and
www.solventprintersupplies.com is an E-Commerce Site.
ChromaXpress.com will be used to offer news and information on our product offerings for large,
wide, and grand format printers. It will also offer links to the ChromaXpress e-commerce store
solventprintersupplies.com for purchase of products.
Privacy
Your use of www.chromaXpress.com and solventprintersupplies.com is subject to
ChromaXpress's Privacy Policy. Please review our Privacy Policy, which also governs the Site
and informs users of our data collection practices.
Electronic Communications
Visiting www.chromaXpress.com or solventprintersupplies.com or sending emails to
ChromaXpress constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any legal requirement that
such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that ChromaXpress is not
responsible for third party access to your account that results from theft or misappropriation of
your account. ChromaXpress and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
ChromaXpress does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.chromaXpress.com only
with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.chromaXpress.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of ChromaXpress and ChromaXpress 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. ChromaXpress is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by ChromaXpress of the site or any
association with its operators.
Certain services made available via www.chromaXpress.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.chromaXpress.com domain, you hereby acknowledge and consent that ChromaXpress may
share such information and data with any third party with whom ChromaXpress has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.chromaXpress.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.chromaXpress.com and/or solventprintersupplies.com strictly in accordance with these
terms of use. As a condition of your use of the Site, you warrant to ChromaXpress that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the
Site in any manner which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided for
through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of ChromaXpress or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
ChromaXpress and solventprintersupplies.com content is not for resale. Your use of the Site does
not entitle you to make any unauthorized use of any protected content, and in particular you will
not delete or alter any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of the content without
the express written permission of ChromaXpress and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of ChromaXpress or our licensors except as
expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by ChromaXpress from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the ChromaXpress Content
accessed through www.chromaXpress.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
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Indemnification
You agree to indemnify, defend and hold harmless ChromaXpress, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
ChromaXpress reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
ChromaXpress in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and ChromaXpress agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. CHROMAXPRESS, LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CHROMAXPRESS, LLC 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 SITE 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.
CHROMAXPRESS, LLC 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CHROMAXPRESS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF CHROMAXPRESS, LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
ChromaXpress reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby
consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and ChromaXpress as a result of this agreement or use of the Site. ChromaXpress's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of ChromaXpress's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Site or information provided
to or gathered by ChromaXpress 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 ChromaXpress with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
ChromaXpress with respect to the Site. 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
to the parties that this agreement and all related documents be written in English.
Changes to Terms
ChromaXpress reserves the right, in its sole discretion, to change the Terms under which
www.chromaXpress.com is offered. The most current version of the Terms will supersede all
previous versions. ChromaXpress encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
ChromaXpress welcomes your questions or comments regarding the Terms:
ChromaXpress, LLC
5210 PALMERO COURT, SUITE 101
BUFORD, Georgia 30518
Email Address:
admin@chromaXpress.com
Telephone number: 800-252-2812
Effective as of January 01, 2020
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