Website Terms of Use

DATE LAST MODIFIED: December 29, 2025

These Terms of Use forms the legal agreement between you ("you") and Jelmar, LLC., ("Clrbrands", "we" or "us"), shall govern your use our Clrbrands website located at www.[clrbrands].com (including any successor or affiliated websites and including any mobile versions, the "Website"). By making any use of the Website, you accept these Terms of Use and agree to be bound by each of the terms, and represent and warrant to Clrbrands that: (i) you have the authority to agree to the Terms of Use; (ii) the Terms of Use are binding and enforceable against you, and (iii) you have read and understand Clrbrands' Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy.

THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND CLRBRANDS CONCERN YOUR USE OF THIS WEBSITE WILL BE RESOLVED ON AN INDIVIDUAL BASIS BY BINDING ARBITRATION AS SET FORTH BELOW. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. AND YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AGAINST CLRBRANDS OR ANY OF ITS AFFILIATES. THE OUTCOME OF YOUR DISPUTE WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. 

Please read these Terms of Use carefully, and periodically to ensure you become aware of changes which are made to these Terms of Use by Clrbrands from time to time. If you do not agree to the terms and conditions of these Terms of Use or the Privacy Policy, you should immediately cease any and all activities on the Website and/or use of any services.

CHANGES TO SERVICES AND/OR WEBSITE

Clrbrands may amend any part of these Terms of Use at any time, and the amended terms will be effective upon posting at the Website. In addition, Clrbrands may, without prior notice, add, delete or modify some or all of the services and/or content available on the Website at any time in its sole discretion. Further, Clrbrands may discontinue disseminating any portion of information or category of information and/or may change or eliminate any transmission method. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEBSITE. YOUR CONTINUED USE OF THE SERVICES OR WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE OR ANY UPDATED VERSION OF THESE TERMS OF USE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. 

LIMITED LICENSE

Clrbrands hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, strictly in accordance with these Terms of Use and solely for the permitted uses described in these Terms of Use. This license and authorization is not a transfer of title in any content posted at the Website and is subject to strict compliance with the rules and other terms of these Terms of Use.

WEBSITE ACCESS AND ACCEPTABLE USE 

In return for the license and authorization that Clrbrands grants you in these Terms of Use, you agree to abide by all the terms of these Terms of Use and any additional restrictions displayed on the Website as a condition to access the Website. While Clrbrands reserves the right to monitor all activity, and/or content posted at the Website, it has no obligation to do so.

1. Permitted Uses. You may use the Website only in good faith for your own use for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that you follow the rules in these Terms of Use.
2. Distribution. Except as expressly permitted under other provisions of these Terms of Use, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website or Service, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without Clrbrands' express prior written consent and approval (which consent may be withheld at Clrbrands' sole discretion).
3. Website Functionality. You may not remove, disable, defeat, or change any functionality or the appearance of the Website or any of the content included on the Website.
4. Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Website in any way.
5. Derivative Works. You may not create compilations or derivative works of the Website, the Website content or any other materials from the Website.
6. Proprietary Notices. You may not remove, change or obscure and you must retain on all copies of the content you download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures, or terms of use contained in the content or on the Website.
7. Transfer. You may not transfer the Website content to any other person unless you have received all consents necessary from Clrbrands (which consents may be withheld at Clrbrands' sole discretion) and, in addition, you give such other person notice of and they agree to accept the obligations arising under these Terms of Use.
8. Infringement. You may not use the Website, the Website content, or any other materials from the Website in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Clrbrands or any third party. 
9. Software. You may not (i) decompile, disassemble, or reverse engineer any of the Website's underlying code, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor data, information or materials accessible on the Website.
10. Information Distribution. You may not use the Website or any communications service, social media platform, chat room, message board, blog, forum, newsgroup, software library, or other interactive service that may be available to you on or through the Website to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
    1. is false;
    2. contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
    3. you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
    4. you are restricted from using under any law;
    5. infringes upon the intellectual property rights of any third party; or
    6. contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
11. Other Prohibited Uses. You may not use the Website for any purpose that:
    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates Clrbrands’s rules or policies;
    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
    3. invades any person's or entity's privacy or other rights;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    5. misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of Clrbrands, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or
    6. could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
12. Others' Personal Information. You may not use any automatic or manual process to harvest, collect or store information about other users of the Website or its services or use any such information for any purpose whatsoever without Clrbrands' express prior written consent and approval (which consent may be withheld at Clrbrands' sole discretion). In any event, you may not knowingly solicit or collect personal information from a child under the age of 18 without appropriate prior verifiable parental consent.
13. Harm to Minors. You may not take any action on the Website or use the Website or Service content to harm minors in any way.
14. Data Collection. You may not access the Website for data mining or extract any content from the Website for any purpose other than your personal use as described in these Terms of Use.
15. Commercial Database. You may not use any portion of the Website or any of the Website content as a component of or to develop, in any media, an information storage and retrieval system, database, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism.
16. Sharing. You may not make any portion of the Website, including, without limitation, the Website content, available through any timesharing system, service bureau, the Internet, or any other technology, without Clrbrands’s express written consent and approval (which consent may be withheld at Clrbrands’s sole discretion).
17. Identifiers. You may not forge headers or otherwise manipulate identifiers on the Website in order to disguise the origin of any Website content transmitted through the Website.
18. Solicitation. You may not use the Website or any Website content to solicit business or to advertise any product or service, or in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
19. Export. You may not export or re-export the Website, any of the Website content, or any software available on or through the Website in violation of the export control laws and regulations of the United States.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICES

"Clrbrands" is a service mark of Clrbrands, LLC. All contents of the Website are protected by Copyright © 2024 Clrbrands, LLC. All rights reserved. Other product, material and/or company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. You may not, without the prior, written consent of Clrbrands (which consent may be withheld at Clrbrands' sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Clrbrands or any of its licensors. These Terms of Use shall not be deemed to transfer from Clrbrands to you (i) any of Clrbrands' or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Clrbrands, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in these Terms of Use.

USER SUBMISSIONS

In exchange for your use of the Website, you hereby grant to Clrbrands an unlimited, irrevocable, fully-paid, transferable, non-exclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content, photographs or other materials you post to the Website or any forum contained in the Website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Clrbrands does not assert any ownership over your content, and as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated therewith subject to the license granted herein.

By using Clrbrands platforms, or by clicking on the link to this Website, or being actively redirected to this Website or Services via any of our digital partners you acknowledge and expressly consent to our use and our digital partners’ use of standard internet data collection, processing and marketing practices that includes the use any number of tools, including, without limitation, analytic data collection technologies, chatbots, session replay technologies, identity graphing, web beacons, pixel-based technologies, and other similar technologies to collect information about your use of the Services. Your acceptance and consent to ours and our digital partners’ and service provider’s use of such technology includes your ratification of our use of such technologies in the processes related to loading and executing code within your access device or web browser. This information includes, but is not limited to: (i) information about your computer, devices and Internet connection when you use the Websites and Apps (such as your device type, browser type, IP address, a mobile identifier associated with a mobile device (such as Apple IDFA and Android Ad ID), and the area of the country where you are located (but not your precise geographic location)); (ii) certain information about your activities while using our Websites and Apps (such as your referring website, click stream data, the search terms you use, your movement within and interaction with the Websites and Apps, the pages and features you access, use or visit on the Websites, the links and ads that you click, and the length of time you spend using the Websites and Apps); and (iii) other information collected by cookies, pixels, web beacons, scripts, and other tracking technologies. With your consent and acknowledgment you expressly agree to waive any and all claims against us or our digital partners under state eavesdropping, wiretapping, or pen register and/or trap and trace laws, or any similar laws related to pen register and/or trap and trace devices or processes to the extent such claims arise from our digital operations. Notwithstanding your ratification to the initial use of our data collection technologies, if you cannot accept these terms, or if you wish to withdraw your consent, you may not use our Website, App, or Services, and in either case your continued use of Services revives your consent.

DISCLAIMERS AND LIMITATIONS

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS AND AS AVAILABLE." CLRBRANDS DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE, IN CLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, THE SUBMISSION OF ANY INQUIRY OR ANY OTHER USE OF CLRBRANDS' SERVICES. 

CLRBRANDS IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR CLRBRANDS' SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLRBRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

In all events, the aggregate liability of Clrbrands, its owners and agents for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to Clrbrands during the 3-month period immediately preceding the date on which the applicable claim arose. To the extent the above exclusion of implied warranties or limitation of liability is not allowed or permissible in certain jurisdiction, such exclusions and/or limitations may not apply to you.

Artificial Intelligence Disclosure.

ARTIFICIAL INTELLIGENCE DISCLOSURE AND DISCLAIMER. THE SERVICES AVAILABLE ON THIS PLATFORM MAY RELY ON TECHNOLOGY SOLUTIONS THAT ENABLE COMPUTERS, COMPUTER SYSTEMS, AND DIGITAL DEVICES TO PROCESS, CREATE, AND ENHANCE ALGORITHMS THAT LEARN, READ, WRITE, CATEGORIZE, CLASSIFY, PREDICT, ENGAGE, INTERACT, GENERATE, PLAY, ANALYZE, MAKE RECOMMENDATIONS, AND IMITATE WITH APPARENT ACCURACY AND/OR SUGGESTIVE SUPERIORITY.  THE OUTPUT REPRESENTING THESE ACTIVITIES ARE MADE TO APPEAR COMPARABLE TO HUMANS PERFORMING SIMILAR TASKS OR SERVICES BY ACCESSING AND PROCESSING AVAILABLE HISTORICAL AND CURRENT DATA AND RE-ITERATIVE PROCESSING FOR PURPOSES OF PRODUCING AND IMPROVING SUCH ACTIVITIES, OUTPUTS, AND APPARENCIES (“AI”).

YOU ACKNOWLEDGE THAT INDUSTRY, REGULATORY, AND LEGAL STANDARDS THAT RELATE TO THE DEVELOPMENT AND USE OF AI ACROSS VARIOUS INDUSTRIES ARE IN VARIOUS STAGES OF DEVELOPMENT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF AI-BASED PRODUCTS AND SERVICES COMPLY WITH YOUR ASSESSMENT OF YOUR BUSINESS RISKS, BUSINESS OBJECTIVES, INDUSTRY STANDARDS, COMPLIANCE REQUIREMENTS, AND OTHER OBLIGATIONS RELATED TO THE USE OF AI. YOU AGREE TO FULLY INDEMNIFY AND HOLD CLRBRANDS PARTIES HARMLESS FROM AND AGAINST ANY AND ALL MATTERS RELATED TO YOUR NON-COMPLIANCE WITH SUCH INDUSTRY STANDARDS, COMPLIANCE REQUIREMENTS, OR OBLIGATIONS.

YOU ACKNOWLEDGE THAT CLRBRANDS PARTIES ARE NOT RESPONSIBLE FOR YOUR RELIANCE ON AI-BASED PRODUCTS AND SERVICES, AND YOU WAIVE ALL CAUSES OF ACTION, CLAIMS, AND/OR POTENTIAL CLAIMS AGAINST CLRBRANDS PARTIES THAT MAY ARISE FROM YOUR USE OF OR RELIANCE ON ANY OF OUR AI-BASED PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CLRBRANDS MAY IMMEDIATELY AND WITHOUT PRIOR NOTICE CEASE PROVIDING AI-BASED PRODUCTS AND SERVICES WITHOUT PENALTY OR FURTHER OBLIGATION TO YOU IF CLRBRANDS DETERMINES IN ITS SOLE DISCRETION THAT CONTINUED PROVISIONS OF SUCH AI-BASED PRODUCTS AND SERVICES MAY VIOLATE LAW OR POSE SIGNIFICANT LEGAL RISKS OR CONTRACTUAL LIABILITY TO CLRBRANDS PARTIES.

THE OUTPUT GENERATED BY YOUR USE OF AND YOUR INTERACTION WITH AI MAY BE PRONE TO ERRORS OR UNINTENDED OR NON-RELEVANT RESPONSES, AND ARE SUBJECT TO THE INTEGRITY OF THE UNDERLYING DATA AND INFORMATION ON WHICH OUR AI TECHNOLOGY IS BASED.  AS SUCH, CLRBRANDS PARTIES DO NOT REPRESENT OR WARRANT THAT THE OUTPUT WILL ADDRESS ALL OR ANY OF YOUR REQUIREMENTS OR EXPECTATIONS CONSIDERED IN YOUR DECISION TO ENGAGE WITH THE PLATFORM, AND CLRBRANDS PARTIES DO NOT REPRESENT OR WARRANT THE CONTENT GENERATED IN CONNECTION WITH YOUR SPECIFIC ENGAGEMENT WITH THE PLATFORM.

NOTWITHSTANDING THE OWNERSHIP AND LICENSING RIGHTS SET FORTH IN USER SUBMISSIONS ABOVE, CLRBRANDS SHALL BE THE EXCLUSIVE OWNER OF ALL AI-PRODUCED DATA, INFORMATION, AND LEARNING BI-PRODUCTS THAT ARE BASED ON YOUR SPECIFIC INFORMATION INPUT. FOR AVOIDANCE OF DOUBT, AI-PRODUCED DATA, INFORMATION, AND LEARNING BI-PRODUCTS INCLUDE, WITHOUT LIMITATION, NEW DATA SETS, DATA RELATIONSHIPS, PREDICTIVE FACTORS, GENERAL LEARNING, AND ALGORITHMS, AND ONLY THE DIRECT AND SPECIFIC RESPONSES AND/OR OUTPUT PRODUCED IN RESPONSE TO YOUR SPECIFIC REQUEST ARE EXCLUDED FROM AI-PRODUCED DATA, INFORMATION, AND LEARNING BI-PRODUCTS.

AS A USER YOU ACKNOWLEDGE THAT OUR SERVICES WILL ALWAYS ENDEAVOR TO USE NEW AND EVOLVING TECHNOLOGIES AND PRACTICES AND THAT THE USER’S CONTINUED USE OF THE SERVICES CONSTITUTES AGREEMENT TO THE DEPLOYMENT AND ANY UPDATES TO SUCH TECHNOLOGIES AND PRACTICES. 

UNAVAILABILITY OF WEBSITE

You understand and acknowledge that due to circumstances both within and outside of the control of Clrbrands, access to the Website may be interrupted, suspended or terminated from time to time. In particular, without limiting the foregoing, Clrbrands shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT CLRBRANDS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR SERVICE.

RELEASE AND INDEMNITY

Release. Without limiting the generality of the disclaimers set forth in these Terms of Use, you hereby waive and release Clrbrands, Clrbrands' licensors, subsidiaries, and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, "Clrbrands Releasees" and individually a "Clrbrands Releasee") from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content and any services offered through the Website, including, without limitation, any dealings or transactions between you and third parties: (i) from whom or which you obtain any information, goods or services through the Website; or (ii) to whom or which you sell Items or materials on account of communications initiated through the Website.

Indemnity. You will indemnify and hold harmless the Clrbrands Releasees against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys' fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, the Website content offered through the services or Website, (c) your violation of these Terms of Use, laws, regulations or rules, or your violation of any rights of another person, or (d) any activity carried out by another person using your account or password with your knowledge. You shall, upon the request of Clrbrands or its insurer, take over the defense of any claim against any Clrbrands Releasee without cost or expense to any Clrbrands Releasee, it being understood, however, that each Clrbrands Releasee may retain its own counsel and participate in any such claim for the further protection of its/his/her interests.

THIRD PARTY CONTENT

1. General.The Website and the Website content may contain or provide access to content provided by third parties, which may include without limitation, information, blog posts, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website ("Third Party Content") that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Clrbrands assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Clrbrands has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Clrbrands expressly states in writing to the contrary, Clrbrands neither endorses nor adopts as its belief any such statements. Clrbrands provides information in articles Clrbrands posts or links to through the Website only for educational and general informational purposes and not as professional advice. Clrbrands has made no attempt to verify any information contained in such articles.
2. Advertisers.The Website may include advertisements or offers for access to information, goods and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Website, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Clrbrands makes no representations about and disclaims any and all liability to any person for any such information, goods and services. Clrbrands does not: (i) endorse any advertiser; (ii) provide advice on which advertiser to select; (iii) guarantee any advertiser's information, goods or services; or (iv) act as your general contractor, agent or adviser.
3. Links.As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Clrbrands. When you use these links, you will leave the Website and Clrbrands will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Inclusion of hyperlinks to linked websites on the Website does not imply: (i) that Clrbrands sponsors, endorses, or is affiliated or associated with the linked website; (ii) that Clrbrands is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links; or (iii) that the operator of any linked website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which Clrbrands or any of its affiliates has any ownership or licensee interest.

LINKING AND SOCIAL MEDIA

You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any sociClrbrands features and any links at any time without notice in our discretion.

ARBITRATION AND WAIVER OF JURY TRIAL

PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT REGARDING YOUR USE OF THE WEBSITE AND ALL INFORMATION COLLECT FROM YOU WHEN YOU ACCESS OUR DIGITAL SERVICES.

(a) Initial Dispute Resolution. We are available by email at pr*****@*******ds.com  to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

(b) Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the terms set forth below, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance and enforceability), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the: 

(c) Federal Arbitration Act. THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

(d) THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

(e) Mass Arbitrations.  Mass arbitrations, as defined by the AAA, shall be governed by the AAA Mass Arbitration Supplementary Rules. The parties agree that the global mediation required by these rules shall occur during the initiation phase of the mass arbitration (prior to the appointment of merits arbitrators), and the global mediation shall act as a stay of the mass arbitration until the mediation is concluded.

(f) Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(g) Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.

(h) Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.

(i) 30-Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections (b), (c), (e), and (f) by sending written notice of your decision to opt-out to the following address: [INSERT ADDRESS ]. The notice must be sent within thirty (30) days after your first use of the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(j) Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section (b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the Cook County, Illinois (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the Cook County, Illinois for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in section (b) do not apply, these Terms shall be construed in accordance with the laws of the Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. The parties also expressly agree that, to the extent that the arbitration provisions set forth in section (b) do not apply, the parties expressly waive the right to trial by jury.

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Clrbrands, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.

MISCELLANEOUS

These Terms of Use, together with any other policies or agreements posted at the Website from time to time, constitutes the entire agreement between you and Clrbrands and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Clrbrands with respect to the Website and information, software, products, materials, programs and services associated with it. Clrbrands and you are intended to be independent contractors, and nothing in these Terms of Use shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between Clrbrands and you. 

Choice of Law and Severability.

These Terms of Use shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, 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. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Consent to Electronic Communications.

By registering via this Website, or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on this Website or service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

NOTICE TO CLRBRANDS

Should you need to contact Clrbrands for any reason, Clrbrands's contact information is:

Clrbrands:

5550 W. Touhy Ave., Suite
200 Skokie, IL 60077 USA

Email: pr*****@*******ds.com

COPYRIGHT DISPUTE POLICY

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. 

To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material; 
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted; 
5. The following statement: “I have 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 
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. Clrbrands will remove or disable access to the content that is alleged to be infringing; 
2. Clrbrands will forward the written notification to the alleged infringer; and 
3. Clrbrands will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content. 

DMCA Infringement Counter Notification.

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Clrbrands, the alleged infringer will have the opportunity to respond to Clrbrandswith a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Clrbrands’s designated copyright agent, and must include the following:

1. A physical or electronic signature of the subscriber; 
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; 
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and 
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Clrbrands may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person. 

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network. Clrbrands’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Clrbrands, LLC

5550 W. Touhy Ave., Suite
200 Skokie, IL 60077 USA

By phone:
(800) 323 - 5497

By email:
pr*****@*******ds.com