Welcome to Undercover Colors.
This website (“Site”) is operated by Undercover Colors, Inc. Throughout the Site, the terms “we”, “us” and “our” refer to Undercover Colors. Undercover Colors offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you agree to be bound by the following terms and conditions of service (“Terms of Service” or “Terms”), including those additional terms and policies referenced herein (e.g. FAQ, IFU, etc.)and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms, then you may not access the Site or use any of its services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms.
We provide website content, functionality, and other products and services to you when you visit or make purchases in our store (collectively, the “Services”) and do so subject to these Terms.
Any new features or tools which are added to our Site, including those in our store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes to these Terms.
Undercover Colors is a United States company and primarily provides the Services including its products in the United States. We make no claims that the Services or any of its content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.
SECTION 1 - Registering for and Accessing the Services
To access certain features and functions of the Services you must create an Undercover Colors Account. To establish an Undercover Colors Account, you must provide certain information that we request. This information includes:
- your name and email address
To purchase a Product, you must also provide the following:
- your mailing address;
- your credit card or other billing information
- phone number, which is optional.
Your mailing address will be used to send you our Products (defined below in Section 6).
When you create an Undercover Colors Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. Undercover Colors cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize Undercover Colors to authenticate your identity when accessing the Services and/or purchasing Products. This may include asking you for your date of birth and other information that will allow Undercover Colors to reasonably verify your identity.
If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 or services for any illegal or unauthorized purpose, nor may you, in the use of the Site or our services, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms of Service will result in an immediate termination of provision of services to you.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that personal information submitted on our Site or through the store (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, any portion of our services, or any contact on the Site through which the service is provided without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our services.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
Refund Policy. We pride ourselves on customer satisfaction. If you would like to return your unused, unopened individually wrapped tests (e.g. Starter Kit and/or Refill Pack), please contact us to initiate a return within 14 days of the original order date. You will be asked to return the item to Undercover Colors at your expense. Upon receiving the return, we will issue you a refund of the retail price and sales tax that you originally paid but deduct any shipping and handling costs (if any were included in your original order). Obtaining a refund does not close your Undercover Colors Account.
If your product is defective or damaged, please contact us and detail the incident along with a picture of the defect or damage. You will receive a prepaid shipping label to return the defective or damaged product and a replacement should arrive to your door within 3 - 5 business days after we’ve received your return.
Please allow 1 to 2 billing cycles for the credit to show up on your credit card statement.
Please contact us for all other questions about ordering or product information. We try to respond to all inquiries within two (2) business days.
We do not submit or process insurance paperwork or claims for the products. We do not expect the products to be covered by any health insurance policy nor guarantee that the fees charged for any products will be reimbursed by any insurance provider.
You agree to pay for all Products you purchase, including any taxes and fees that apply. Prices listed on our Site may change at any time. We do not provide price protections or refunds on previous purchases in the event of a product price reduction or promotion.
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 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 the provision of our 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 any time 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.
From time to time, we may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on UndercoverColors.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by us in our sole discretion. Only valid offer codes provided or promoted by Undercover Colors will be honored at checkout. Codes that are supplied or promoted by third parties without Undercover Colors’ authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Undercover Colors is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
SECTION 7 – CANCELLATIONS; ACCURACY OF BILLING; AND ACCOUNT INFORMATION
We reserve the right, at our sole discretion, to cancel or 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 will 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 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.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products, and services available via our Site may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request or in a forum we make available, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments 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 comments 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 our services or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.
Most importantly, any comments you post are not a substitute to talking to a doctor, counselor, family or a friend. You may also contact RAINN (Rape, Abuse & Incest National Network), the nation's largest anti-sexual violence organization. RAINN operates the National Sexual Assault Hotline (800.656.HOPE) in partnership with more than 1,000 local sexual assault service providers across the country and operates the DoD Safe Helpline for the Department of Defense. RAINN also carries out programs to prevent sexual violence, help survivors, and ensure that perpetrators are brought to justice.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site or information provided through our services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information conveyed in the provision of our services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information conveyed in the provision of our services or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date on any related Site should be taken to indicate that all information conveyed in the provision of our services or on any related Site has been modified or updated.
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof, but excluding drug brand names) are owned by Undercover Colors and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Undercover Colors grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
With respect to drug brand names, each are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
Undercover Colors grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site, the Products or Services; and (iii) with the following attribution “© 2018 Undercover Colors, Inc. or its affiliates. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site. If you wish to make any use of content on the Site or Services other than as set out in this section, please contact us.
Except for your rights to Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. Undercover Colors reserves all rights not expressly granted. If you provide Undercover Colors with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Undercover Colors may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services or of any related Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our services or any related Site, other websites, or the Internet. We reserve the right to prohibit your use of our services or any related Site for engaging in any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We intend for the information and data contained in the Site to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of our services and the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Undercover Colors EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
IN NO EVENT WILL UNDERCOVER COLORS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE OR VIA OTHER CHANNELS, INCLUDING, BUT NOT LIMITED TO, PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR OUR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR SERVICES OUR THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF UNDERCOVER COLORS HOME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise, and services available through the Site or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Undercover Colors is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Undercover Colors and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – 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.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – DISPUTE RESOLUTION; GOVERNING LAW; FORUM
If a dispute arises between you and Undercover Colors, you agree to contact us first to seek a resolution. If we are unable to resolve the issue in a reasonable manner, then except for any court action: (i) seeking to challenge the enforceability of the binding arbitration provisions of this Agreement; or (ii) filed after a court of competent jurisdiction has declared such arbitration provisions to be unenforceable, all controversies and disputes between the parties arising out of or related to these Terms of Service, the Site, our Services or Products, or the relationship of the parties, irrespective of the type of claim, shall be determined by binding arbitration under the North Carolina Revised Uniform Arbitration Act (the "Act"). The decision of the arbitrator shall be final and binding on all parties to that proceeding and a judgment upon the arbitrator's award may be entered in any court having jurisdiction thereof. Except as expressly provided otherwise in this Agreement, a party may initiate an arbitration proceeding by sending written notice of such (the "Arbitration Demand") to the other party at any time prior to the date the claim is barred by the applicable statute of limitations. That notice shall specify the nature of the dispute. The arbitration shall be held in Raleigh, North Carolina. Notwithstanding any provisions of the Act to the contrary: (a) the parties shall be entitled to conduct discovery as provided under the North Carolina Rules of Civil Procedure so long as that discovery is concluded within 90 days of the date of the Arbitration Demand unless otherwise ordered by the arbitrator; and (b) the arbitrator shall have the authority to award injunctive relief and to impose sanctions under NCRCP Rule 37 and other applicable rules. All disputes relating to discovery which cannot immediately be resolved by the parties shall be submitted to the arbitrator for an expedited ruling. The arbitration shall be conducted by a single arbitrator mutually acceptable to the parties, or, if the parties are unable to agree upon a single arbitrator within 20 days of the date of the Arbitration Demand, then by a single arbitrator appointed by a Wake County Superior Court Judge. Unless the arbitrator awards otherwise, the cost of the arbitration shall be ratably borne by the parties to the proceeding.
Jurisdiction. Your agreement to use the Undercover Colors Platform, our Site, Services and Products shall be deemed executed and completed in North Carolina; the courts of North Carolina shall have exclusive jurisdiction over any matters relating to or arising out of this Agreement or the relationship of the parties under this Agreement; and by their signatures below, the parties consent to the exclusive, personal jurisdiction by the courts of North Carolina and to venue in Wake County, North Carolina and irrevocably waive any objection thereto. For avoidance of doubt, the foregoing provisions do not alter or amend the preceding provisions with respect to binding arbitration.
WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND AGREE THAT ANY SUCH LEGAL PROCEEDING WILL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or use of our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via the submission form on this Website.