Legal
Last Updated: December 29, 2021. Effective: January 1, 2021
For information on our policies, please see the following:
Terms and Conditions of Use
Privacy Policy
Terms and Conditions of Use
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
Welcome to our website. Color-Coded LLC (“Color-Coded”, “Company”, “we”, “our”, or “us”) is the owner and operator of alejandra.tv (“Website”). The following explains our terms and conditions of use (“Terms”). Please carefully read these Terms before using or obtaining any information or services through our Website. Our goal is to empower the persons who browse our Website and/or purchase from us (“Customer”, “you” or “your”) with training programs; access to our Members Forum and Knowledge Base by way of an affiliate application; and/or other materials and resources (together with our Website, “Services”) to assist you in becoming your most productive self. By accessing or using any part of our Website, you expressly agree to be bound to and to abide by these Terms, our Privacy Policy, our End User License Agreement (if applicable), and any other policies we may adopt from time to time, which creates a legal and enforceable agreement whether or not you purchase any Services from us, register for a user account, or obtain, transmit, post, send, receive, or otherwise communicate (“Post”): comments, questions, data, text, software, music, sound, photographs, images, video, messages or any other input, (“Content”) on our Website, whether directly to or on our Website or through any platform that is linked to our Website. If you do not agree to all of these Terms, our Privacy Policy, or any other applicable policy, do not browse or use our Website or Services.
We encourage you to regularly review these Terms as we may amend them from time to time. By accessing our Website, you agree to any changes to our Terms and other guidelines or policies governing our Website.
1. General. We are happy that you are our customer. However, the language of these Terms is not in any way intended to constitute an agency relationship, joint venture, or partnership between us and you for any purpose. You may utilize our Services only if you are over the age of eighteen (18) and are capable of entering into contracts. Individuals under the age of eighteen (18) may use our Services only with the consent of their legal parent or guardian.
2. Limited License. Your use and access to our Services constitutes a personal, non-transferable, non-assignable, revocable, limited and temporary license (“License”) to use our Services subject these Terms. Your limited License to use our Services is ongoing and continues until you cease using our Services, as determined by us in our sole discretion, or your License or ability to use our Website is terminated or restricted by us.
3. User Account. We provide you with the ability to create a user account in order to make it easier for you to browse our Website and use our Services. It is your obligation to maintain and control passwords to your user account and are responsible for all activities that occur in connection with your user account. You agree to notify us of any unauthorized uses of your account and/or other breaches of security. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with your security obligations hereunder or caused by any person to whom you grant access to your account.
4. Linked Websites.
(a) Our Services provide links to other websites by allowing you to leave our Services to access third-party material or by bringing third-party material into our Website via “inverse” hyperlinks, application programming interfaces, and framing technology (a “Linked Website”). We do not have discretion to alter, update, or control the content on a Linked Website. The fact that we have provided a link to a Linked Website may not be an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Website, its owners, or its providers.
(b) We do not endorse and are not responsible for (i) the accuracy or reliability of an opinion, advice, or statement made through our Services, (ii) any content provided on Linked Websites or (iii) the capabilities or reliability of any product or service obtained from a Linked Website. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on any information or product obtained through our Services or a Linked Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through our Services, or obtained from a Linked Website.
5. Audio and Video. Our Services contain videos and/or audio recordings as a part of our Services (the “Recordings”).
(a) All Recordings available through our Services are for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice and should not be relied upon in that regard.
(b) Some of the Recordings available through our Services are hosted Linked Sites including but not limited to youtube.com. If the Recordings were not created by us, we do not own any intellectual property rights regarding those Linked Website materials. If the Recordings available through our Services were created by us, we retain all intellectual property rights for such Recordings. The hosting of Recordings by us or Linked Websites does not grant you any intellectual property rights to those Recordings. The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed without our prior written consent.
(c) Although we strive to give you a great experience, the information and descriptions of services published through our Services may include inaccuracies or typographical errors, and we disclaim any liability for such inaccuracies or errors. However, we or our affiliates will do our best to update the content on our Website as new services become available or our Services expand. We do not warrant or represent that the content available through our Services is complete or up-to-date. However, we may update the content on or make improvements to our Services at any time.
6. No Representation or Warrantees.
(a) No Guaranteed Results. You understand and agree that we make no representations or guarantees about your success with organization or any lifestyle improvements. Any success statements or examples are only estimates of what we think you could achieve. Any materials available through our Services which contain statements about our expectations or beliefs regarding the use of our Services are our opinions only and do not create a guarantee that you will obtain a specific result. You agree that your success in using our Services depends on you.
(b) Not Medical Advice. You understand and agree that we are not medical professionals and that the information available through our Services is not intended to diagnose, treat, cure, or prevent any disease.
(c) Testimonials. Testimonials available through our Services and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that you will do as well using the same information or strategies.
7. Use of our Services.
(a) In using our Services you represent and warrant and agree: (a) to comply with: (i) these Terms, (ii) all applicable U.S. Federal, State, local and international laws, and (ii) all other rules or regulations applicable to you; (b) not to transmit or Post any information that, in our sole and absolute discretion: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, or otherwise objectionable, (ii) that infringes any intellectual property right of any party, (iii) or that is or contains “spam”, “junk mail” or similar forms of solicitation; (c) not to impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any other person or entity; (d) not to attempt to deny service to, hack, crack, reverse engineer, duplicate, copy, clone, mirror our Services or any component or part of our Services; (e) not to otherwise harm, interrupt or otherwise interfere with our Services; and (f) not to communicate or transmit any viruses or malicious program that may damage the operation of an electronic device or the Services.
(b) You are solely responsible for the Content you Post on, by, or through the Services, or transmit to others using our Services. You understand and agree that we can delete any Content in our sole and exclusive judgment. You also agree that by Posting Content anywhere within, on or using our Services, you automatically grant to us an irrevocable and perpetual non-exclusive license to use, copy, and distribute such Information in any way and to prepare derivative or collaborative works of such Information of any kind, as well as authorize us to sublicense any of the aforementioned Information. You also represent and warrant that any posting or use of your Information by us will not infringe or violate rights of any third party.
8. Termination, Restriction, and Suspension. We retain the right to terminate, restrict, or suspend: your user account; your License to use our Services; and/or your use of or access to our Website and/or Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License shall automatically be revoked, and you agree not to browse our Website, or otherwise access our Services in any way. Failure to comply with these Terms, our Privacy Policy, or any of our or a Participating Seller’s terms or policies, constitutes a breach of these Terms which may result in the termination of your user account, License, and/or your ability to use our Website and/or Services. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches.
9. Terms of Sale. Access to certain materials, video, and other course content on the Services is made available for purchase (“Premium Services”). Your payment for any access to any Premium Services is subject to the following terms:
(a) Price; Payment Plans. The price for any Premium Services will be made available via the Services at time of purchase. You may pay for access to the Premium Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.
(b) Installment Payment Plans. If you select an installment payment plan, you hereby grant Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate.
(c) Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
(d) Refunds. Please consult our refund policy in Section 10. (“Refund Policy”) for information regarding any refunds that may be available for any Premium Services. To be eligible for a refund, you must make a refund request by sending an email to help[at]alejanda.tv within the applicable time period set forth in the Refund Policy.
(e) No Cancellations. Other than in connection with our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.
(f) Failure to Pay. A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.
(g) Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
(h) Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
(i) Automatic Renewal Terms. Certain Services, including TeamOrganize, are ongoing subscriptions (“Subscriptions”). By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price and frequency you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. If you do not wish for your account to renew automatically, or if you want to change or cancel your Subscription, please send an email to help[at]alejandra.tv. You must cancel within 7 days for TeamOrganize after your Subscription period begins to be eligible for a refund. If you cancel your Subscription within the specified 7 day period after your subscription period begins, your Subscription will be terminated immediately and you will no longer be able to access the Subscription Services. If you cancel your Subscription after the 7 day period specified above, you may use your Subscription until the end of your then-current subscription term and your Subscription will not be renewed thereafter. You will not, however, be eligible for a prorated refund of any portion of the subscription fee paid for the then-current Subscription period. Your request to cancel must be received at least 2 full business days in advance of the upcoming rebilling date to allow time for processing. If your request to cancel is received less than 2 full business days in advance of the upcoming rebilling date, then the payment will be processed, access to the Subscription Services will continue through the following Subscription period, and no further payments will be processed thereafter.
(j) Access to Services. Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time Color-Coded operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends. For Subscription programs, you will only receive access to the Services during the term of your subscription, subject to the requirement to be in “good standing” with all other programs set forth in Section 9.f. above.
10. Refund Policy. We are confident that our Training Programs, Courses, and Services (“Services”) will help you become more organized. Therefore, we may refund the price you paid to us for use of our Services, provided that any and all conditions required by us are met, which include but are not limited to using the Services. Notwithstanding any provision of these Terms to the contrary, you agree that we can refuse to provide you with a refund, or provide you with a partial refund, for any reason or no reason. All purchases and refunds are transacted in US dollars. Since we have no control over fluctuations in currency exchange rates or credit card contract terms, no compensation will be made for discrepancies between purchase amounts and refund amounts in foreign currencies.
11. Affiliate Programs. Color-Coded is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. Color-Coded is also a participant in The Container Store’s affiliate program, an affiliate advertising program designed to provide a means for us to earn fees by linking to ContainerStore.com and affiliated sites.
12. Sweepstakes.
Our sweepstakes are open to the public. No purchase necessary. To enter, unless otherwise stated, please send a self-addressed, stamped envelope to the address on the Contact page to enter any current sweepstakes. Please include your full name, date of birth, phone number, and email address to ensure proper notification of winners. Color-Coded shall not be liable for any entries not received or delivered, or entries that are damaged or illegible which prevent proper entry, notification, or response. Color-Coded employees and their family members are not eligible to win.
13. Intellectual Property.
(a) The trademarks, logos, and Website marks (“Color-Coded Marks”) including the name “Color-Coded”, “Alejandra.tv”, “Alejandra Costello”, “SimpLESSity”, “Power Productivity Program”, “TeamOrganize”, our logos, and other graphics are property of Color-Coded and other parties. You are prohibited from using any Color-Coded Marks for any purpose including, but not limited to use of keywords or metatags on other pages or Websites on the World Wide Web without the written permission of Color-Coded or such third party which may own the Marks. All information and content available through our Services is protected by copyright and your access to such information on our Website is strictly permitted through the limited non-exclusive license granted under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through our Website for commercial or public purposes. Unauthorized use of our Services may give rise to a claim for damages and/or may constitute a criminal offense.
(b) We respect the intellectual property rights of others. If you believe that the content and/or the materials on our Website are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at: help[at]alejandra.tv.
14. Arbitration. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
14.1 Dispute Resolution. In the event that any dispute arises with respect to this Agreement, upon the election of Color-Coded in its sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Loudoun County, Virginia, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. If we elect to arbitrate the dispute, the decision of the arbitrator shall be final, conclusive and binding on Color-Coded and you and any judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. In the event we elect not to require that a dispute be submitted to binding arbitration, you agree any such dispute shall nevertheless be litigated in the state or federal courts located in Loudoun County, Virginia. You further agree that you shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms, our Privacy Policy, or any of our policies. By using our Website or Services, you irrevocably agree and consent to be bound to the personal jurisdiction of and venue selection in the Commonwealth of Virginia and expressly waive all defenses of lack of personal jurisdiction and forum non conveniens whether arbitration or litigation arises between Color-Coded and you.
14.2 No Class Arbitrations, Class Actions or Representative Actions. You and Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
14.3 Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by writing to: Color-Coded, LLC, Attn: Legal, 140B Purcellville Gateway Drive #812, Purcellville, VA 20132. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
15. Limitation of Liability. Color-Coded shall not be liable for any lost profits or any incidental, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; you purchasing Services from us or products from a Linked Site; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights, including but not limited to intellectual property rights, by you; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy) or any other data or information by us; any activity related to your user account by you or another person accessing your user account or our Services; and any violation by you of these Terms, our Privacy Policy, our End User License Agreement (if applicable), and/or any other Color-Coded policy. You expressly agree that in no event shall Color-Coded be liable to you or any other person for any amounts or damages which exceed amounts actually paid by you to us for the Services from which the particular claims relate to, arise out of, or under. You agree that without these limitations on our liability we would not be able provide our Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose.
16. Disclaimers. OUR SERVICES AND WEBSITE, PRODUCTS, CONTENT, ALEJANDRA.TV AND TEAMORGANIZE.COM DOMAIN NAMES, AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING BUT NOT LIMITED TO THE COLOR-CODED MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US, OUR AFFILIATES, OR OUR LICENSORS IN CONNECTION WITH OUR SERVICES OR OUR WEBSITE ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT ANY OF THE AFOREMENTIONED. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT OUR WEBSITE OR SERVICES WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (A) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS, OR (C) ANY TERMINATION OF THIS AGREEMENT OR YOUR USE OF OUR SERVICES.
17. Indemnification. You agree to indemnify, defend, and hold harmless Color-Coded, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, arising under, or relating to: your use, misuse, or inability to use our Services; you purchasing Services from us or products from a Linked Site; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights, including but not limited to intellectual property rights, by you; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy) or any other data or information by us; any activity related to your user account by you or another person accessing your user account or our Services; and any violation by you of these Terms, our Privacy Policy, our End User License Agreement (if applicable), and/or any other Color-Coded policy.
18. Choice of Law. These Terms, our Privacy Policy, our End User License Agreement, and other policies we may adopt are governed by the laws of the Commonwealth of Virginia and of the United States of America, and without regard to conflicts of law principles.
19. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms will not affect the validity and enforceability of any remaining provisions.
20. Entire Agreement; Modification. These Terms, our Privacy Policy, our End User License Agreement, and any other policy or document referenced herein, constitutes the entire understanding between Color-Coded and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter any of the aforementioned at any time in our sole discretion.
21. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: help[at]alejandra.tv
Privacy Policy
Welcome to our website. Color-Coded LLC (“Color-Coded”, “we”, “our”, or “us”) is the owner and operator of alejandra.tv (“Website”). The following is our Privacy Policy (“Policy”) which explains our online information practices and the choices you can make about the way your information is collected and used. This Policy covers personally identifiable information (“Personal Data”, as defined below), anonymous data collection, and aggregate reporting. Our goal is to empower the persons who browse our Website and/or purchase from us (“Customer”, “you” or “your”) with training programs; access to our Members Forum and Knowledge Base by way of an affiliate application; and/or other materials and resources (together with our Website, “Services”) to assist you in becoming your most productive self. By accessing or using any part of our Website, you expressly agree to be bound to and to abide by this Policy, our Terms and Conditions of Use, our End User License Agreement (if applicable), and any other policies we may adopt from time to time, which creates a legal and enforceable agreement whether or not you purchase any Services from us, register for a user account, or obtain, transmit, post, send, receive, or otherwise communicate (“Post”): comments, questions, data, text, software, music, sound, photographs, images, video, messages or any other input, (“Content”) on our Website, whether directly to or on our Website or through any platform that is linked to our Website. If you do not agree to all of these Terms, our Privacy Policy, or any other applicable policy, do not browse or use our Website or Services.
We reserve the right to change or modify our information collection, use and disclosure practices set forth in this Policy. We will use and disclose Personal Data in accordance with the Privacy Policy that was in effect when such information was collected.
1. Information We Collect.
(a) Personal Data is collected from you when you create an account with our Website or purchase Services from us. Personal Data means any information that may be used to identify an individual, such as your name, address, telephone number, e-mail address, billing information (credit card information), and other information we may request from you and you voluntarily provide to us.
(b) When you browse our Website, you do so anonymously, unless you have previously created an account or transacted with us with us. However, we may log your IP address (the Internet address of your computer) to give us an idea of which part of our Website you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Website. Like many other commercial websites, our Website may use a standard technology called a “cookie” to collect information about how you interact with our Website. Please see “Use of Cookies” below for more information.
2. How We Use It.
We use, allow access to, or disclose your Personal Data to third parties to:
• Allow for secure payment online;
• Send you an order confirmation;
• Provide you with Services you purchase from us;
• Notify you of new Services, and special offers provided by us or our affiliates;
• Increase the usability of our Services;
• Give you the opportunity to participate in promotional offers;
• Respond to requests for assistance from our customer support team; and
• Carry on our business.
3. Who We Share It With.
(a) We never sell or rent your Personal Data. We will use or disclose Personal Data to the extent necessary, in our sole discretion, to provide Products and/or services to you (for example, but not limited to payment processing).
(b) We may disclose Personal Data to the extent required by law or by court order.
(c) We may disclose Personal Data to protect our rights and property, to prevent fraudulent activity or other deceptive practices, or to prevent a likely threat of physical harm to others.
(d) We may transfer Personal Data if Color-Coded is acquired by (or merged with) another company, or if the assets of Color-Coded are sold to another company. In all of these circumstances, you understand and agree that our Terms and Conditions of Use and this Policy will be assigned and delegated to the other company.
(e) With appropriate confidentiality agreements in place, Personal Data or other information may be shared with our agents and contractors to perform services for us.
(f) When you create an account or transact with us, we will not share your Personal Data with third parties without your permission, other than for the limited exceptions listed in this Policy.
4. Internet Commerce. The process of creating an account with us is designed to give you options concerning the privacy of your credit card information, name, address, e-mail address, and any other information you provide to us. We are committed to data security with respect to information collected through our Website.
5. Security of Your Personal Information.
(a) We exercise ordinary care and prudence in protecting the security of Personal Data provided by you. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, we use the Secured Socket Layer (SSL) encryption when collecting or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access.
(b) You have a significant role in account security. No one can see or edit your Personal Data collected by us without knowing your user name and password, so do not share these with others.
6. Access to Your Personal Information. We will provide you with the means to ensure that your Personal Data is correct and current. Customers may review and update this information by logging into their user account. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and user name, before granting access to any Personal Data.
7. Use of Cookies. We and third parties with whom we may partner may use cookies, tracking pixels, clear GIFs (also known as ‘web beacons’), or local shared objects (sometimes called ‘flash cookies’) to help you personalize our Website. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a webpage server in the domain that issued the cookie to you. A clear GIF is typically a transparent graphic image (usually 1 pixel by 1 pixel in size) that is used in conjunction with our Website, which allows us to measure the actions of Customers who open pages that contain the clear gif. We use clear GIFs to measure traffic and related browsing behavior, and to improve your experience when using our Website. We may also use customized links or other similar technologies to track hyperlinks that you click, and associate that information with your Personal Data in order to provide you with more focused communications. You have the ability to accept or decline cookies and Clear GIFs may be unusable if you elect to reject cookies. Most Web browsers automatically accept cookies, but you can usually modify the browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Website.
We use Facebook and Google Services including but not limited to their features of Remarketing with Facebook Advertising, Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers. You may opt out of the tracking by Google services using Google Analytics’ opt-outs for the web and using the NAI Consumer Opt-Out tool. You can adjust your Facebook advertising settings here.
8. Compliance with the Children’s Online Policy Protection Act. Protecting the privacy young people is especially important. For that reason, we never collect or maintain information through our Website from those we actually know are under thirteen (13), and no part of our Website is structured to attract anyone under thirteen (13).
9. Affiliated Businesses We Do Not Control. We may use third-party companies and individuals to perform functions on our behalf. Examples include fulfilling orders, processing payments, hosting, data storage, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. We will provide such entities with access to certain information needed to perform their functions, but will take measures to ensure that they may not use it for other purposes.
10. Dispute Resolution. In the event that any dispute arises with respect to this Agreement, upon the election of Color-Coded in its sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Loudoun County, Virginia, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. If we elect to arbitrate the dispute, the decision of the arbitrator shall be final, conclusive and binding on Color-Coded and you and any judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. In the event we elect not to require that a dispute be submitted to binding arbitration, you agree any such dispute shall nevertheless be litigated in the state or federal courts located in Loudoun County, Virginia. You further agree that you shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms, our Privacy Policy, or any of our policies. By using our Website or Services, you irrevocably agree and consent to be bound to the personal jurisdiction of and venue selection in the Commonwealth of Virginia and expressly waive all defenses of lack of personal jurisdiction and forum non conveniens whether arbitration or litigation arises between Color-Coded and you.
11. Limitation of Liability. Color-Coded shall not be liable for any lost profits or any incidental, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; you purchasing Services from us or products from a Linked Site; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights, including but not limited to intellectual property rights, by you; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy) or any other data or information by us; any activity related to your user account by you or another person accessing your user account or our Services; and any violation by you of this Policy, our Terms and Conditions of Use, our End User License Agreement (if applicable), and/or any other Color-Coded policy. You expressly agree that in no event shall Color-Coded be liable to you or any other person for any amounts or damages which exceed amounts actually paid by you to us for the Services from which the particular claims relate to, arise out of, or under. You agree that without these limitations on our liability we would not be able provide our Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose.
12. Indemnification. You agree to indemnify, defend, and hold harmless Color-Coded, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, arising under, or relating to: your use, misuse, or inability to use our Services; you purchasing Services from us or products from a Linked Site; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights, including but not limited to intellectual property rights, by you; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy) or any other data or information by us; any activity related to your user account by you or another person accessing your user account or our Services; and any violation by you of this Policy, our Terms and Conditions of Use, our End User License Agreement (if applicable), and/or any other Color-Coded policy.
13. Choice of Law. This Policy, our Terms and Conditions of Use, our End User License Agreement, and other policies we may adopt are governed by the laws of the Commonwealth of Virginia and of the United States of America, and without regard to conflicts of law principles.
14. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms will not affect the validity and enforceability of any remaining provisions.
15. Entire Agreement; Modification. These Terms, our Privacy Policy, our End User License Agreement, and any other policy or document referenced herein, constitutes the entire understanding between Color-Coded and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter any of the aforementioned at any time in our sole discretion.
16. Questions or Comments Regarding this Policy.
We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: help[at]alejandra.tv.