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Terms and Conditions of Use and Legal Disclaimer of Website

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND LEGAL DISLAIMER ("Terms & Conditions") CAREFULLY BEFORE USING THIS SITE.

ShopColad.com (collectively, the "Site") is owned and operated by The Colad Group, LLC ("Colad", "we" or "our"). By using the Site, you unconditionally agree to these Terms & Conditions and acknowledge that these Terms & Conditions constitute a binding agreement with you and Colad under New York Law. If you do not agree to these Terms & Conditions, you may not access the Site. Colad cannot guarantee the security of information transmitted through the internet. Consequently, you transmit all such information at your own risk. We reserve the right to modify this Disclaimer at any time, for any reason. Therefore, you should periodically check for changes to the Terms & Conditions, but you agree to accept those changes, whether or not you have reviewed them. These Terms & Conditions applies only to the Site and not to the sites, if any, which the Site hyperlinks to.

Quality Guarantee: Within 10 days of the Site shipping your order, if you aren't satisfied with the quality of the product that you receive, please email us at Quality (at) Colad (dot) com. We will consider your concerns and if appropriate, propose corrections to your order.

Layout Disclaimer: You are solely responsible for the layouts of your orders placed on the Site. Please verify all layouts and order information carefully prior to submitting your approval for your order.

1. Accuracy of Orders:

Layout:
You are solely responsible for the accuracy of your layouts. Please proofread all layouts carefully. Colad reserves the right to refuse to print any material that Colad determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. Colad reserves the right to request layouts be in a form as outlined on the Site that shall include, but not be limited to, requirements related to resolution, bleed, margins, loading and back up, formatting, and color modes. Bleed is required in the manufacturing process due to normal manufacturing variation & movement, and it is the User's responsibility to ensure that submitted artwork contains sufficient bleed.

Color:
Colad will reproduce the color from the digital files you submit as accurately as possible, but cannot exactly match color and density (as viewed in person with actual specimens) because of limitations in the printing process, and limitations in image toner. Colad accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to CMYK color space. This may cause the RGB colors to visually change due to color space differences.

When solid floods of color are present in your graphics, please add the minimal amount of noise ('film grain texture') to the solid color to assist in keeping the solid color smooth and consistent when printing digitally.

To help lower your cost of printing, Colad may print several jobs together, known in the industry as “gang run printing.” All gang run printing is subject to a 10% color variance. If your job is color critical, we recommend that you order a Hard Copy Proof to ensure color matching. It is your responsibility to determine if your job is color critical prior to placing your order.

Application of film lamination or UV coating may effect or change the appearance of the printed colors. Colad is not liable for the final color appearance of film laminated products.

Graphics Registration, Variation & Movement:
Printing, laminating, mounting, wrapping, lining, diecutting, folding, gluing, riveting, and all other types of printing & post-press finishing are not exact manufacturing processes. It is possible for you to design product with critical graphics registration and crossovers that cannot be achieved in manufacturing. While variation depends on the product and machinery required to manufacture it, Colad allows for 1/16” tolerance for variation in registration with EACH production process that affects position of graphics on the product. For example if your product 1) prints, 2) mounts to another substrate, 3) diecuts, and 4) folds, then each of these production processes may each introduce 1/16” variation and in this example, the final product may show up to 1/4" total movement variation (4 production processes with 1/16” variation each). Colad does not review your artwork to check for this; it is the user's responsibility to understand that registration variation can occur in finished product and if the user designs graphics with critical crossovers that cannot be achieved in manufacturing, Colad does not warn the user or stop your project at the manufacturing stage.

Bleed and Caution Margin Requirements:
The edge of final printed piece is called the trim line. If you want your image to extend to the trim line, you must include at least 1/8” symmetrical bleed (margin) for such designs. You must exclude important content from the caution zone, defined by the inner 1/8” margin to the trim line. Adherence to bleed and caution margins are important to image fidelity. If at any point you are unsure of the design requirements for your artwork, please contact a Team Member for assistance.

Proofing:
If you place an order and do not order a Proof, your job(s) will be printed as is. It is your responsibility to review your order prior before placing it and/or before approving it to print. Customer is fully responsible for final proof and layout approval prior to the printing process. Colad is not liable for artwork that is sent 'as-is'. Colad will not be responsible or liable for:

• Spelling, punctuation, missing ® or ™ or other symbols, or other grammatical errors made by you;
• Inferior quality or low-resolution of uploaded images;
• Design errors or color selection errors introduced by you in the artwork file creation process, including bleed issues;
• Errors in user-selected options such as product type, paper selection, size, finishing options, or quantity;
• Damaged or missing fonts;
• Incorrect file dimensions, image orientation, inclusion of Die Lines in your artwork, or otherwise incorrect file submission in accordance with our specifications;
• Border, transparency, or overprint issues in artwork provided by you;
• Duplicate orders placed by you;
• Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services selected by you;
• Incorrect finished product size selected or provided by you;
• Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you; and
• Color matching or ink density on screen proofs approved by you.

Several types of Proofs are offered on our Site. PDF Proofs are ‘screen’ proofs. The colors on the printed product may differ for any one or more of these reasons from what you see during the online final approval process. PDF Proofs only present the design layout, text accuracy, image proportion and placement, but not color or density or registration variation / movement which will occur as further defined below. Your computer monitor's calibration affects the colors displayed on your monitor's screen. Colad will not be liable for color variation between a PDF Proof and the final printed product. If your project is color critical, we suggest you purchase a Hard Copy Proof to evaluate color standards before approving your job to print.

This site offers users the ability to purchase 3D PDF Proofs. 3D PDF Proofs help users to understand how their dimensional product will appear, more efficiently than a flat 2D image. 3D PDF Proofs are not exact but rather a dimensional representation of a finished product. Graphics registration, crossovers and positioning are represented in the 3D PDF Proof but user should not assume their final product will match 3D PDF Proofs exactly. As described in the “Graphics Registration, Variation & Movement” section of this document, registration, variation & movement occur in manufacturing processes that affect the final product. User should not design critical graphics registration with folds, breaks or crossovers because even though user can design it, that does not mean that manufacturing can attain it. If you are uncertain of your graphics please contact us.

The Hard Copy Proof is printed on a substrate (i.e. special proofing paper) which is different than the final paper stock used in the final printing process. The Hard Copy Proof is color-matched to a four color process on coated papers and does not simulate other stocks such as uncoated paper. Accordingly, while a Hard Copy Proof will visually show color and guarantees a reasonable likeness to the final printed pieces, variation between the Hard Copy Proof and the final printed piece should be expected. If a variation occurs due to these circumstances, the resulting printed job is considered acceptable.

For all proofing options, additional charges apply if you need to resubmit new artwork after reviewing your selected proof option.  

Advanced Artwork Check:
We do not preflight your artwork as standard procedure. Choose “Advanced Artwork Check,” if you want us to review your artwork. With this service we check 15 factors including resolution, bleeds, fonts, file size, folds, orientation, color tones, black tones, finishing options, etc. If your file needs corrections our prepress technicians will spend up to 30 minutes fixing the files. If we correct your file, revised artwork will be uploaded for you to review and approve. We cannot fix low-resolution artwork without a replacement high-resolution image or file, and we do not check for spelling or grammatical errors.
Advanced Artwork Check adds 1 business day to your order for review & corrections, PLUS the time it takes you to access your account on our website to approve your revised file. If no corrections are made we will send your project to press without requiring further approval by you.

File Submission:
You must provide at minimum 300 dpi high resolution images suited for offset printing. Artwork submitted lower than 300 dpi will likely result in a poor or low quality printed image. Colad is not liable for fuzzy or pixilated printed images resulting from low resolution artwork. Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proof approvals will only be accepted in written format. No verbal approvals will be accepted.

2. Payment for Orders:

The fees for Colad products and services, which include the cost of processing, printing, and shipping, are due and payable together with the submission of an order unless otherwise agreed to by Colad. Colad requires pre-payment of all orders. Colad is required to collect sales tax on orders shipped to New York, and other various other states based on state and federal laws. You are responsible for paying any sales, use or other taxes for your order in your state of residence if such taxes are due if Colad did not collect such tax with respect to your order. Any amount due to Colad, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible to reimburse Colad for all collection costs, legal fees and interest, arising out of or related to Customer's non-payment.

In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us. In the event that Colad and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that Colad may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.

3. Over-Runs and Under-Runs:

Although we endeavor to ship the quantity ordered, Colad reserves the right to ship within 10% over or under the requested quantity for orders of less than 10,000 units, and within 5% over or under the requested quantity for orders of 10,000 units or more (herein referred to as “Over/Under Policy”). If our production yields over-runs then we reserve the right to charge the respective pro-rata amount of your order within our Over/Under Policy. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run. If a job is short of the requested quantity Colad will prorate the missing quantity in the form of a credit toward future orders. Colad may, in its discretion, reprint the missing amount.

4. Art File Retention and Access:

Colad will use reasonable efforts to maintain art files and PDF Proofs uploaded to the Site for a reasonable period of time, not to exceed a year. Notwithstanding the preceding sentence, you hereby agree that you are solely responsible at your sole cost and expense for creating backup copies of your content, including but not limited to art files and PDF Proofs uploaded and/or generated through use of the Site. Colad does not guarantee that content uploaded to the Site will be available for future use.

5. Order Cancellation Policy:

Orders that are cancelled are subject to a cancellation fee based on the current production status of your job. The fees are listed below.  

• PRIOR to a proof being sent: 4% of the total order value charged
• AFTER proof is sent but PRIOR to customer approval of OK to Print: the value of the proof you orderded PLUS 4% of the total order value charged
• AFTER customer approval of OK to Print: NO REFUND

ALL REFUNDS WILL BE IN THE FORM OF CREDIT ON THE SITE unless otherwise agreed to by Colad.

Order cancellations must be received in writing via email to the following email address:  Info (at) colad (dot) com.  

6. Return Policy:

Colad focuses on providing all our clients with the best possible printing experience and products. If for any reason you are not completely satisfied with your order, please promptly contact our Quality Team by emailing us at Quality (at) colad (dot) com. All defects / order issues must be reported to Colad within 10 days of receiving your order.

Determination of order defects is at the discretion of management. Client will be requested to submit digital photos to document the product's defects. In some cases, Client will be required to ship defective product(s) back to our Quality Team at their own expense and in an agreed upon reasonable time frame. In cases where the order is required to be shipped back to our Quality Team at Client expense, Colad may reimburse Client for shipping if a defect is determined to exist. We do not accept returns without a pre-approved return authorization and will not accept returns of non-defective product.

Colad reserves the right to cure any defects in product. When refunds are offered, they are offered in the form of store credit or remakes of defective orders. Under no circumstances shall customer be entitled to damages in excess of the replacement cost for any goods for which a claim is made, or to special or consequential damages, including profits or profits lost.

Any charges related to expedited orders, such as rush production turnaround or shipping, are non-refundable for defective products unless the freight carrier delivers a defective product or fails to deliver an order.

Turnaround time and shipping options for reprinted orders varies due to available production capacity and are at Colad's discretion. We recognize that many orders are time sensitive and will do our best to cure any defects as quickly as possible.

All policies are subject to change without prior notification.

7. Other Fees:

Your order may be subject to other fees. For example, if you order a Hard Copy Proof you are entitled to up to 1 resubmission of artwork to generate a second Hard Copy Proof. Subsequent resubmissions of artwork trigger another Hard Copy Proof charge. Explanations of other fees can be found in the Tooltips of specific order options. If you are unsure about other fees, please speak with a Team Member.

8. Production Time and Delivery:

Turnaround is the number of business days a product requires for production. Turnaround does not include shipping time or cost. All Turnaround times are based on business days, Monday through Friday and exclude all national and federal holidays. Some order options may affect turnaround.

When Turnaround times begin depends on how you order your product, your Proof Type selection, and if you select Advanced Artwork Check.

• If you design online and order “Proof Online, Run As Is”, your Turnaround begins at 7am EST on the nearest business day.
• If you Upload Artwork and order “Proof Online, Run As Is”, your Turnaround begins at 7am EST on the nearest business day AFTER you submit your completed artwork.
• If you select any Proof Type other than “Proof Online, Run As Is”, your Turnaround begins at 7am EST on the nearest business day AFTER you have reviewed your selected proof and approved your job to print.
• The selection of Advanced Artwork Check adds a minimum of 1 business day to your selected Turnaround to provide us time to conduct this service. If your artwork is found to have issues that will affect print quality, your job will be placed On Hold so you may revise your artwork, or waive the warning to print "as is." Printing turnaround time will be on hold until you either upload new files or approve the job to print despite the artwork issues. Turnaround begins at 7am EST on the nearest business day AFTER files have been approved to print.

Turnaround begins the nearest business day once all criteria to begin printing have been met. If all criteria to begin printing are met before 7am EST on a business day, then that business day is Day 1 of production. If all criteria to begin printing are met after 7am EST then the next business day is Day 1 of production.

Expected delivery date and turnaround times are not guaranteed. Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the requested turnaround time. Your order may arrive late due to unanticipated delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. If you receive product in packaging that is clearly damaged, DO NOT ACCEPT the delivery or only accept the delivery as DAMAGED. You will need to submit a claim with the carrier (usually FedEx or UPS). Colad is not liable for damage caused by service carrier. If you accept an order with damaged packaging then you accept all liability for damage to the contents of the packaging.

You are responsible for all customs, duties or fees related to an international shipment.

9. Use of Online Design Tools

The online design tools available on this Site are offered to users as a convenience. Graphic design is a skill and Colad does not represent that our online design tools will enable users to accomplish their desired graphics. Moreover, just because you can design something (using our online design tools or other offline tools) does not mean it can be produced as designed. Standard movement and variation affect printed crossovers.

The online design tools available on this Site are made available to all users of the Site. In the event you create a design, you do not obtain any right or claim to any of the individual design elements made available through this Site that enabled the creation of the design, and these design elements are and will continue to be the property of Colad (or the licensor if applicable) and will remain freely available to other Colad customers. Your use of the Site Content and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with Colad in or regarding such Site Content.

It is solely your responsibility to determine whether any design you may create using the design tools made available to you by Colad, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.

This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of Colad. These links are provided only as a convenience. Colad does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in any way for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by Colad then you do so at your own risk.

10. Use of Artwork Graphics on the Site

You understand and agree that we both license and originate photos, graphics and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as Templates. You are required to comply with the limitations on how the Images and/or Templates can be used.

You May Not:

Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any Colad or third party's trademark or intellectual property rights.

Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.

Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.

We may be required to provide Licensors and/or Copyright Holders with the names of the users who place orders that make us of Images and/or Templates. Your use of the Site is your confirmation that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern.

If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.

11. Errors, Corrections and Changes

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.

12. Infringement Indemnification and Warranty, Limitation of Liability:

You agree to indemnify and hold Colad and its parent company, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim concerning the Site or alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use any image(s) or other material that you have uploaded to be reproduced on your binder or other printed material ordered through the Site and from Colad. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also represent and warrant that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Colad. You further represent and warrant that no copyright notice has been removed or altered in any manner from any images/graphics, text or other materials that you have uploaded for use on your product or any images/graphics, text or other materials that the Site makes accessible for your use on your product. The Site may make available to Users licensed artwork from various sources, and such licensed artwork may or may not require the inclusion of a copyright notice including the name(s) of the artists and/or agent(s). User accepts that inclusion of this copyright notice with any use of said licensed artwork is required and cannot be altered or concealed. The liability of Colad, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Colad for its products and services. In no event will Colad be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed in the courts of the State of New York sitting in Erie County within one (1) year from the date of the alleged breach by Colad. You hereby waive any statute of limitations to the contrary.

13. Ownership & Limited Rights of Use:

By placing an order with Colad, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Colad, and (ii) are authorizing Colad to print such order on your behalf. Colad acknowledges that any images/graphics, text or other materials supplied to Colad by the customer will remain the sole property of the customer, and the copyright thereunder shall not be assigned or transferred in any manner to Colad. However, any additional materials created by Colad in the production of an order, (including, for exemplification, but not limitation, design layouts, color scans, fonts, high resolution digital files) are and shall remain the sole property of Colad. In addition, any images/graphics, text or other materials accessed or used by you on or from the Site for your product are and all rights and interests in such images/graphics, text or other materials will remain the sole property of the applicable content supplier and/or Colad and the copyright thereof shall remain the property of and the ownership thereof shall not be assigned or transferred in any manner to you, in whole or in part. You hereby represent and warrant that you will not alter any images/graphics, text or other materials supplied to you by the Site. Additionally, you hereby represent and warrant that, except in connection with your product, you will not reproduce, duplicate, copy or otherwise use or exploit any images/graphics, text or other materials supplied to you by the Site in any manner. Digital files will NOT be sold or traded to any other party. Colad reserves the right to reprint and distribute your finished product as an example of a Colad product for any and all promotional purposes. This promotional distribution may include, but is not limited to, Colad's collateral marketing materials, website, affiliates' websites, affiliate programs, catalogs of others, emails, and any other marketing in any medium that Colad may employ as necessary.

We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.

14. Nonexclusive Limited License:

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms & Conditions. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Colad. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Colad without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Colad's name or trademarks without the express written consent of Colad. Any unauthorized use terminates the license granted herein by Colad. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Colad, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Colad logo or other proprietary graphic or trademark as part of the link without express written permission.

15. Privacy:

Your use of the Site constitutes your consent to Colad's privacy policy posted on the Site, which is updated from time to time without prior notice to any users or customers.

16. Unauthorized Uses:

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Colad employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

17. Usage and Monitoring:

Colad sells products for commercial use. If you are under 18, you may not access the Site. Colad reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Colad has no obligation to monitor the Site and is not responsible for the content of any information or files transmitted on the Site, Colad reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Colad, in their sole discretion, deems objectionable or otherwise in violation of these Terms & Conditions, including denying access to the Site to anyone at any time. Colad reserves the right to charge the customer for services rendered up to the point the job was cancelled. If you do submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any third party rights or applicable laws, and will not cause injury to any person or entity; and that you will indemnify Colad for all claims resulting from content you supply. Colad respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately via email at Info (at) Colad (dot) com.

18. Modifications and Interruption of Site Service:

We reserve the right to modify or discontinue Site services with or without notice to customers and shall not be liable to customers or third parties if Colad chooses to modify or cancel the Site services. Colad does not represent or warrant that customers will receive continual or uninterrupted service and access to the Site and by customer's usage of the Site, the customer acknowledges and accepts our non-guarantee of the Site service.

19. Web Linking:

Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Colad has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Colad is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Colad reserves the right to terminate any link at any time.

20. Trademark Ownership:

Colad and all other Colad brands, product names, and codes are trademarks of The Colad Group. You agree that you acquire no rights thereto.

21. Copyright Ownership:

All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and copyrights therein is the property of Colad or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Colad and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

22. Risk of Loss:

All items purchased from Colad are shipped to you through a carrier. All risk of loss and title for such items pass to you upon our delivery to the carrier.

23. Disclaimer and Limitation of Damages:

(a) Colad is neither responsible nor liable for any viruses, moles, worms, Trojan horses or other malicious code or other contamination of your computer system, network or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Colad makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Colad, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

(b) You should not rely upon, and we disclaim responsibility for any advice, opinion, statement other information displayed or distributed through the Site.

(c) Colad reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. Neither Colad nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(d) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material accessed through or obtained by means of the Site.

(e) We do not guarantee confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We are not liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored or displayed on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

24. Applicable Laws:

Colad operates the Site from its offices in New York and makes no representations that materials in the Site are appropriate or legal for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from locations outside of New York, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. Neither the display of the Site nor use of the Site alone subjects Colad to any specific jurisdiction. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of New York as applied to agreements made and to be performed entirely therein. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. The parties consent to venue and personal jurisdiction solely in and any action brought in connection with the Site or Site content shall be brought only in courts of the State of New York sitting in Erie County. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Colad or any of its officers, employees, agents or representatives, such as where notice to Colad is required by contract, or any federal, state or local laws, rules or regulations.

25. Severability:

If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that provisions shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Further, to the extent possible any court construing such condition may modify or reform the provisions to give maximum legal effect to the parties' intent.

26. Rewards Points:

The following sections pertain to the Rewards Points program offered on ShopColad.    

Reward Points Terms and Conditions

Colad's Rewards Points program (“Program”) sponsored by ShopColad (“Sponsor”) rewards you for shopping on ShopColad.com (the “Site”). The points you earn can be used to purchase more products! The following Rewards terms and conditions (these “Rewards Terms and Conditions”) contain important information regarding the Program. Please read the following Rewards Terms and Conditions carefully. These Rewards Terms and Conditions are a binding agreement between you and Sponsor and will govern your participation in any and all Program offers. Participation in the Program constitutes your agreement to these Terms and Conditions, and the Privacy Policy, which are incorporated herein.

Being eligible for the Program entitles members (“Members”) to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify these Rewards Terms and Conditions at any time, without notice to you, so it is important to check the Rewards Terms and Conditions periodically. Participation in the Program and/or redemption of Rewards is considered acceptance of these Rewards Terms and Conditions and any modified terms included therein. Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward, without notice.

Program Period

This Program will continue until terminated, suspended, modified, or converted to another rewards program by Sponsor (the "Program Period").

Eligibility

To become a Member of the Program, you must be a legal resident of the fifty (50) United States or District of Columbia, and be 18 years of age or older. To enroll in Program, you simply need to have registered for an account on ShopColad.

Earning Reward Points

Rewards can currently be earned for the following actions:

  • Making purchases — every time you make a purchase you earn points based on the price of products purchased and these points are added to your Reward Points balance. Points are awarded based on your actual spend before shipping & taxes.

Reward Points Exchange Rates

The value of reward points is determined by an exchange rate of both currency spent on products to points, and an exchange rate of points earned to currency for spending on future purchases. You will earn 1 point for every $1 spent on our site. Points are redeemable at a rate of $1 for every 50 points. Customers must have a minimum of 250 earned points to redeem toward a purchase. For example, if you spend $500 on ShopColad (before shipping & taxes if applicable) then you will earn 500 points. Next time you need to order you can redeem 500 points for $10. This equates to a 2% savings on all of your spending on ShopColad! 

Redeeming Reward Points

You can redeem your reward points at checkout. Points cannot be applied towards taxes, shipping, or gift certificate purchases. Points are available for redemption for the purchase of products on the Site only while supplies last and quantities may be limited. If you have accumulated enough points to redeem them you will have the option of using points as one of the payment methods. The option to use reward points, as well as your balance and the monetary equivalent this balance, will be shown to you in the Payment Method area of the checkout. Redeemable reward points can be used in conjunction with other payment methods such as credit cards, gift cards and more.

Reward Points Minimums and Maximums

Reward points are capped at a minimum value of 250 points required for redemption. You will not be able to use your reward points until you accrue at least this required minimum number of points, at which point they will become available for redemption.

Reward points are not capped at a maximum value of points which can be accrued. 

Reward Points Expiration

Reward points expire 1 year from the date earned. Points will expire in the order form which they were first earned. You can sign up to receive email notifications each time your balance changes when you either earn, redeem or lose points, as well as point expiration notifications. This option is found in the Reward Points section of the My Account area.

Sponsor Right to Amend

Sponsor reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Points’ value structure and offers and any merchandise or service. Sponsor reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide with any such adjudication.

Reward Conditions

Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.

Termination

Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward, without notice. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Rewards Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Rewards Terms and Conditions or intent of these Rewards Terms and Conditions.

Release

By participating in the Program, Members release Sponsor, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.

Indemnification

Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Rewards Terms and Conditions or any violation by Member of applicable law.