Full Color, LLC Terms and Conditions
Last Updated: April 27, 2026
Acceptance of Terms & Conditions and Privacy Policy
In consideration for accessing and using www.FullColor.com (the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms & Conditions (these “T&C”) and the Privacy Policy located at: www.FullColor.com (the “Privacy Policy”). The terms of these T&C and the Privacy Policy apply to, and govern, your use of all webpages and content contained within the Site and your relationship with Full Color, LLC (“Full Color,” “us,” “we,” or “our”).
Modifications to Terms & Conditions and Privacy Policy
You understand that the terms of these T&C and the Privacy Policy may change with or without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated T&C and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first. If you disagree with any modification to the T&C or Privacy Policy, you must notify Full Color in writing within the ten (10) day time period described above and immediately discontinue use of any Site services.
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site you represent, warrant, and agree that you are at least eighteen (18) years or older.
Minimum Order
We reserve the right to establish minimum order volumes for any or all of our products and services. A $15.00 order minimum applies to all orders, unless otherwise stated.
Prices; Product Information; Order Acceptance
All prices, product offerings, specifications, options, descriptions, policies, and other information made available through the Site are subject to change at any time without prior notice. Although Full Color strives to ensure that all information on the Site is accurate and complete, Full Color does not warrant that any pricing, product description, availability information, shipping estimate, or other content is error-free, complete, or current. Full Color reserves the right to correct any errors, inaccuracies, or omissions and to update information at any time, including after the order has been submitted. In the event of any error or inaccuracy, Full Color reserves the right, in its sole discretion, to refuse, cancel, or modify any order, or to charge the correct price or apply the correct terms, subject to applicable law.
Payment of Fees
Full Color may charge you for goods and services in conjunction with your use of the Site, including, without limitation, printing services, design services, customization services, and related products and services offered through the Site. Full Color may also assess and collect from you any fees, surcharges, taxes, tariffs, duties, or other supplemental amounts required of or imposed on Full Color by any governmental, regulatory, or financial institution or other entity in connection with your use of the Site or any purchase made through the Site.
All payments for purchases made through the Site must be made using a valid credit card, debit card, PayPal account, and Google/Apple Pay. Full Color does not accept payment by bank wire, ACH transfer, electronic fund transfer, check, or any other form of payment unless expressly approved by Full Color in writing. Full Color reserves the right, in its sole discretion, to change, suspend, or limit accepted payment methods at any time.
In connection with each payment you make through the Site, or that a third-party makes on your behalf, you represent and warrant that all payment information provided is current, complete, accurate, and authorized, including, as applicable, valid credit card, debit card, and PayPal account information. You understand and agree that any declined, rejected, reversed, or failed payment may result in additional fees, charges, or penalties, including fees assessed by payment processors or financial institutions, which you agree to pay us upon demand, and may also result in the suspension or termination of your access to the Site or any related services.
You further agree that you will not improperly dispute, reverse, or initiate a chargeback with your credit card issuer, debit card issuer, bank, PayPal, or other payment provider for any fees or charges that are validly incurred under these T&C. If you initiate or cause a chargeback, payment reversal, or similar dispute for a valid charge, you shall remain responsible for the full amount of the payment owed to Full Color, together with any and all chargeback fees, reversal fees, collection costs, processing fees, attorneys’ fees, and any and all other costs or expenses incurred by Full Color in connection with such chargeback or dispute, to the fullest extent permitted by applicable law.
You understand and agree that you are solely responsible for ensuring prompt payment of all amounts owed in connection with the use of the Site, and Full Color is under no obligation to retain, preserve, or otherwise maintain your information, account, or any services associated with your account if your account is delinquent or otherwise in default.
Billing
Your payment method will be charged at the time you place an order for the products and services you purchase through the Site. By submitting an order, you authorize Full Color to charge your selected payment method for the total amount due, including applicable taxes, shipping, handling, and any other disclosed charges. You may view your order history and related transaction information by logging into your account.
We reserve the right to cancel any orders which are subject to pricing mistakes before or after payment is made. In such instances, we will take reasonable steps to communicate with you and inform you of other options for you potential purchase, and will take steps to credit or otherwise refund you the sums you paid for the cancelled ordered.
Refund Policy
All fees paid to Full Color or otherwise associated with your use of the Site are non-refundable.
Remake Policy
Full Color strives to provide high-quality products and services. If you believe your order is defective or does not conform to the order as submitted, you must notify Full Color within thirty (30) days after receipt of the order by contacting Full Color at service@FullColor.com. Failure to provide notice within such period will be deemed acceptance of the order.
If Full Color determines, in its sole discretion, that a remake is appropriate, Full Color will either remake the applicable product using the original file and the same product specifications, size, options, and shipping method included in the original order, or refund you for the affected portions of your order. You should not submit a new order for any remake through the Site or any other ordering system (which may result in you being charged again) unless expressly instructed by Full Color. Full Color may request photographs, supporting information, or retention/return of the product and packaging materials as part of its review of the claim.
Remakes are not available for issues arising from User Submitted Materials (defined below), including low-resolution files, poor image quality, improper exposure, or other defects in the original digital file. In addition, if you elect a “No Color Correct” or similar option, remakes are not available for complaints relating to color, density, tone, or similar output characteristics. Remakes are also not available for carrier delays, transit delays, or other shipping issues outside of Full Color’s direct control.
To the fullest extent permitted by applicable law, an approved remake or refund, as determined by us and described in this Section, shall be your sole and exclusive remedy with respect to any order claim arising from allegedly defective, damaged, or nonconforming products.
Full Color One Account Policy
To further the integrity of the services provided through the Site or otherwise, all users are limited to one account per person. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.
Secured Areas
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security of your Full Color Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Full Color Site account. You also agree that Full Color is not responsible for any unauthorized use of your Full Color Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into your Site account, Full Color will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Full Color.
You further agree to promptly notify Full Color of any security breach relating to your Site account, but in no event later than 48 hours after your knowledge of the suspected or actual breach. Such notices should be sent to: service@FullColor.com.
Full Color encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide through the Site or otherwise to Full Color is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to service@FullColor.com.
Failure to provide such updated information will constitute a material breach of the terms of these T&C and may lead to the suspension or termination of your account.
You represent and warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply through the Site or otherwise to Full Color, including all individuals’ name, image, and likeness. You further warrant that to the extent you provided personal data about a third-party through the Site or otherwise to Full Color, you provided that third-party with notice about the Site’s T&C and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.
Code of Conduct
You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these T&C and the Privacy Policy. You agree to not use the Site services or anything related to the Site services or any other services offered by Full Color for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
- Use any metatags or any other “hidden text” utilizing any part of the Site or Full Color’s name, service or trademarks or trade dress without the express written consent of Full Color;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, sexually explicit, exploitative, or unlawful topic, name, material, or information, including any adult content, explicit images, child pornography, child sexual abuse material, or any content depicting, exploiting, or sexualizing minors;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, name, image, or likeness, or other right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
- Any attempt to reverse engineer or reconstruct any portion of the Site;
- Share your login information or allow third parties to utilize your login information to access any part of the Site; or
- Engage in any acts or omissions that Full Color believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
Knowledge of T&C and Privacy Policy
If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these T&C and the Privacy Policy.
Breach of the Terms & Conditions and/or Privacy Policy
We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these T&C or any other obligation to Full Color. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these T&C and the Privacy Policy: (i) your failure to abide by any provision of these T&C and the Privacy Policy; (ii) your failure to pay any amounts due to Full Color; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Full Color.
If any of the foregoing events occurs and we deem it a material breach by you of these T&C and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Full Color is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.
Use of Name
If you are a customer using the Site or any Site services, you consent to Full Color using your name and business name in advertising and promotional materials related to Site services.
Your Authority
You agree that you are of legal age and authority to enter into and be bound by the terms of these T&C and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third-party, you represent and warrant that you have the authority to provide such information from or about the third-party through the Site or otherwise to Full Color.
Maintenance/Site Down Time
Full Color reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Full Color will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
Full Color is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Full Color’s control.
Third-Party Sites, Software, and Services
The Full Color Site may direct you to sites, software, or services owned or operated by third parties (“Third-Party Providers”). Full Color has not reviewed all of the Third-Party Providers to which you may be directed, and we have no control over such Third-Party Providers. We have no control over and are not responsible for (a) the content and operation of such Third-Party Providers, or (b) the privacy or other practices of such Third-Party Providers. The fact that our Site may direct you to such Third-Party Provider does not indicate any approval or endorsement of any such Third-Party Provider. We direct you to such Third-Party Providers only as a convenience. You are responsible for the costs associated with such Third-Party Providers, including any applicable license fees and service charges. Accordingly, we strongly encourage you to read the terms and conditions and practices of any such Third-Party Provider.
Other sites may provide links to our Site with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Full Color maintains the right, at any time and in our sole discretion, to block links to our Site through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE AND SERVICES INCLUDING, BUT NOT LIMITED TO, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES, SFOTWARE AND SERVICES. YOU FURTHER AGREE TO THE TERMS OF OUR PRIVACY POLICY.
Intellectual Property Rights
You agree that we hold all right, title and interest to all services, our websites and information and technology used to provide the Site and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Full Color or its licensors and is protected by United States and international copyright laws.
You also grant Full Color a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us, including but not limited to User Submitted Materials (defined below). Such information will be used solely by us in conjunction with marketing the Website and its services.
Materials Submitted by Customer
Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials in connection with the production or provision of any product or service you request, to show you how your User Submitted Materials would appear in our products or services, to market and show an actual product created with your User Submitted Materials, and/or to provide you with customer service.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trademark, trade secret, right of publicity, privacy right, or other intellectual property or other proprietary right of any third-party. You further represent and warrant that the User Submitted Materials are not and are not, and will not be unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, sexually explicit, or otherwise objectionable, and do not contain, depict, constitute, or could reasonably be deemed to constitute child pornography, child sexual abuse material, or any exploitative depiction of a minor, and are not confusingly similar to brands or branded products sold by others.
- You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these T&C, or, if any such identifiable individual is under the age of eighteen (18) years old, you have obtained such written consent, release and/or permission from such individual’s parent or guardian. You agree to provide to us a copy of any such consents, releases and/or permissions upon our request.
- You agree that we may, but are not obligated to, filter any User Submitted Materials (including but not limited to, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including but not limited to, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third-party in order to provide the applicable products or services, to enforce these T&C, or to comply with legal obligations or governmental requests.
- You agree to and hereby indemnify, defend, and hold us, our directors, officers, members, employees, contractors, agents, representatives, affiliates, and third-party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including but not limited to attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these T&C’s, any other agreement with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us; or (iv) any activity related to access to or use of your account by you or any other person.
- User Submitted Materials that violate these T&C’s may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to use reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Site. We may also inform law enforcement agencies if we become aware of any suspected or actual criminal activity.
Copyright and Trademark Issues
While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is Full Color’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
DMCA Take Down Notice
If you believe in good faith that any material used or displayed on or through our Site infringes your copyright, you or your agent may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site;
- The name, address, telephone number and email address (if available) of the complaining party;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirement imposed by the DMCA which can be seen at http://www.copyright.gov for details.
A counter-notice must include all of the following information:
- Your signature, which may be provided electronically by typing your name;
- Identification of the material that has been removed or to which access has been disabled. For listing, please provide the listing URL to each item before it was removed or disable;
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Full Color is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.
DMCA notices and counter-notices regarding the Site, or notices concerning trademark use in personalized products we make or in our Site should be sent to:
Full Color, LLC
Attn: Legal
8906 East 67th Street
Raytown, MO 64133
Email: copyright@FullColor.com
Disclaimer of Warranties
FULL COLOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF FULL COLOR, FULL COLOR DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FULL COLOR DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF FULL COLOR, FULL COLOR PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH FULL COLOR.
FULL COLOR DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. FULL COLOR IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for informational and entertainment purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments, purchases of inventory, or corruption of data.
Third-Party Intellectual Property Rights
Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Full Color shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Customer Support
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Full Color provides email support for Site customers. Support can be reached by sending an email to service@FullColor.com. Full Color attempts to respond to customer inquiries within three (3) business days.
Indemnification
As a user of the Site, you agree to and hereby do release, indemnify, defend and hold harmless Full Color and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third-party or relating to or arising under or from your violations of these T&C or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Full Color to you, your use of any services of the Site or provided by Full Color or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if Full Color receives a subpoena based on your use of our Service, your account, or any products or services you ordered through our service, you hereby agree to and promise to indemnify Full Color for all costs and expenses, including reasonable attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Full Color may have in law or equity.
You agree that Full Color shall have the right to participate in the defense of any claim asserted against Full Color or involving the Site. You also agree that Full Color shall be entitled to retain a counsel of Full Color’s own choosing at your cost. You further agree to notify Full Color of your knowledge of any claim against Full Color or involving the Site. You agree to cooperate fully with Full Color during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to Full Color and sums are due and owing from you to Full Color and you are in default of your obligations under these T&C, you authorize Full Color to deduct any sums due and owing from your payment source(s) so long as Full Color provided you with notice of your default and you failed to cure the default under the terms and conditions of these T&C.
Right to Refuse Service
Full Color, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
Consent and Survival of Agreement
By using the Site and Site services provided through the Site by Full Color under these T&Cand the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these T&Cand the Privacy Policy. You also agree to be bound by all amended terms and conditions of these T&C and the Privacy Policy. These terms of these T&C and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.
Reports of Abuse
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these T&C or the Privacy Policy, you may inform Full Color in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. Full Color may, but is not obligated, to conduct an investigation into the allegations. Full Color reserves the right to remove accounts, content, or postings that from the Site Full Color, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Full Color be liable to you for your failure to retain necessary records, nor will Full Color’s retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these T&C or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, Full Color may delete all information related to you on or within the Site and may bar your access to and use of Site services.
Notices and Communication
You authorize Full Color and its sponsors and affiliates to communicate with you to the full extent allowed by the Full Color’s Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or Full Color. If you do not wish to receive bulk e-mail notices or announcements from Full Color, please send us an e-mail at the e-mail address listed below. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.
Notices that you send to us must be delivered via first class mail to the following address:
Full Color
Attn: Privacy Dept., 8906 East 67th Street, Raytown, MO 64133
You may also send us notices via e-mail to: service@FullColor.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases made through the Site are deemed made within the State of Missouri.
The terms and conditions of these T&C and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Missouri, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these T&C and the Privacy Policy was a contract wholly entered into and wholly performed within Missouri.
You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these T&C, the Privacy Policy, or related to the Site or Site services provided by Full Color to you shall be brought and maintained exclusively in the state or Federal courts located in Jackson County, Missouri. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Jackson County, Missouri for the purpose of any such litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.
Exclusive Remedy and Damages Cap
You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Full Color related to the Site, these T&C, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the affected goods and services provided to you by Full Color within the three (3) months prior to when your first claim first arose, or $100, whichever is less. IN NO EVENT SHALL FULL COLOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH FULL COLOR MAY BE RESPONSIBLE.
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Full Color must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE T&C OR THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE T&C.
Prior Action Before Formal Claim
Our aim is to serve you and ensure that you have a positive experience. You agree that as a material provision of these T&C, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these T&C and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to accessibility standards, the American with Disabilities Act, and related laws.
No Third-Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these T&C is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under these T&C without the prior written consent from Full Color. Any attempt by your creditors or another third-party to obtain an interest in your rights under these T&C or the Privacy Policy is voidable at Full Color’s option.
Successors and Assigns
Except as otherwise expressly provided herein, these T&C shall bind and insure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
Non-Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these T&C shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Full Color in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Full Color’s election to not assert its rights under these T&C shall not preclude Full Color from asserting its rights in the future.
Severability of Terms
If any provision of these T&C or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these T&C, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
Attorneys’ Fees
If Full Color prevails in any action, suit, or proceeding arising from or based upon these T&C, Full Color shall be entitled to recover its attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
Headings
The headings in these T&C are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The additional Privacy Policy Supplement for California Residents can be accessed by clicking here: Supplemental Privacy Policy
Full Color, LLC
Attn: Privacy Dept.
8906 East 67th Street
Raytown, MO 64133
privacy@FullColor.com