Terms and Conditions

1. ACCEPTANCE OF TERMS By accessing and using this website https://www.thecolormatrix.com ("Site"), operated by THE PERSONALITY COLOR MATRIX LLC. ("we," "our," or "us"), you accept and agree to be bound by these Terms and Conditions of Use ("Terms"), our Privacy Policy, and any additional terms that may apply to specific sections of the Site or to products and services available through the Site. If you do not agree to these Terms, please do not use this Site.

2. CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. PRIVACY POLICY
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy details how we collect, use, and share your information. By using our Site, you consent to the data practices described in our Privacy Policy.

4. ACCOUNT REGISTRATION AND SECURITY
Some portions of the Site may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. INTELLECTUAL PROPERTY RIGHTS
5.1 Site Content
All content on this Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof ("Content") is the property of THE PERSONALITY COLOR MATRIX LLC. or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws.

5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and the Content for personal, non-commercial purposes. You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Site
  • Use the Site or its Content for any commercial purpose
  • Attempt to decompile or reverse engineer any software contained on the Site
  • Remove any copyright or other proprietary notations from the Content
  • Transfer the Content to another person or "mirror" the Content on any other server


5.3 User Content
By posting, uploading, inputting, providing, or submitting content to the Site ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights to the User Content you post and that such content does not violate these Terms.

6. USER CONDUCT
You agree not to use the Site:

  • For any unlawful purpose or in violation of any local, state, national, or international law
  • To transmit or upload any material that contains software viruses, Trojan horses, worms, or any other malicious code
  • To impersonate or attempt to impersonate our company, an employee, another user, or any other person or entity
  • To interfere with or disrupt the Site or servers or networks connected to the Site
  • To collect or store personal data about other users without their express consent
  • To harass, abuse, or harm another person, or to promote violence or discrimination against any person or group
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site


7. USER-GENERATED CONTENT
If you submit comments, ideas, suggestions, or other feedback about the Site ("Feedback"), you agree that we can use, share, and commercially exploit your Feedback without any restriction or compensation to you.

8. THIRD-PARTY LINKS AND CONTENT
8.1 Third-Party Links
The Site may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites.

8.2 Third-Party Content
We may display content from third parties through the Site ("Third-Party Content"). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable.

9. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

10. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

12. TERMINATION
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason. Upon termination, your right to use the Site will immediately cease.

13. DISPUTE RESOLUTION
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Arizona, U.S.A., without giving effect to any principles of conflicts of law.

13.2 Jurisdiction
Any legal action or proceeding relating to your access to, or use of, the Site or these Terms shall be instituted in [JURISDICTION], and you agree to submit to the personal jurisdiction of such courts.

13.3 Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

13.4 Waiver of Class Actions
Any claims arising out of or relating to these Terms will be litigated or arbitrated on an individual basis and will not be consolidated with any claim made by another party.

14. GDPR COMPLIANCE
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data, and these Terms include the following additional provisions:

14.1 Legal Basis for Processing
We will only process your personal data when we have a legal basis to do so. When we do process your personal data, we will do so with your consent, to comply with a legal obligation, or when necessary for the performance of a contract.

14.2 Data Subject Rights
Subject to limitations as provided for by the applicable laws, you have certain rights regarding your personal data, such as the right to access, correct, delete, restrict processing, or object to our processing of your data. You also have the right to data portability.

14.3 Data Transfers
Your personal data may be transferred to, and processed in, countries other than the country in which you are a resident. These countries may have data protection laws that are different from the laws of your country. We have taken appropriate safeguards to require that your personal data will remain protected in accordance with this Privacy Policy.

14.4 Data Retention
We retain your personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

15. CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
If you are a California resident, you have specific rights regarding your personal information:

15.1 Right to Know
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

15.2 Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.

15.3 Right to Opt-Out
You have the right to opt-out of the sale of your personal information to third parties.

15.4 Right to Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights.

16. DISCLOSURE POLICY
16.1 Affiliate Links
Some of our content may contain affiliate links. This means if you click on a link and purchase an item, we may receive a small commission at no extra cost to you. All opinions remain our own, and we only recommend products or services that we believe will add value to our users.

16.2 Sponsored Content
We may accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. Any content that is sponsored will be clearly marked as such. All opinions expressed are still our own and not influenced by the sponsor.

16.3 Product Reviews
Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer or provider. We only endorse products or services that we believe will provide value to our users.

16.4 Testimonials
Testimonials appearing on this Site reflect real-life experiences of individuals who have used our products or services. However, individual results may vary. We do not claim that they are typical results that consumers will generally achieve.

17. MISCELLANEOUS
17.1 Entire Agreement
These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the entire agreement between you and us concerning the Site.

17.2 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

17.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

17.5 Survival
Provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. CONTACT US
If you have any questions about these Terms, please contact us at:
The Personality Color Matrix LLC.
3460 E. Kael St. Mesa, AZ 85213
connect@thecolormatrix.com
310-237-2567

By using our Site, you acknowledge that you have read and understand these Terms and Conditions of Use.