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INTRODUCTION
These Terms & Conditions (“Terms”) govern your participation in the ColorWRX Pro Program (“Program”) operated by ColorWRX (“Company,” “we,” “us,” or “our”). By creating a Pro account or purchasing products through the Program, you (“Pro,” “you,” or “your”) agree to the following:
1. PROGRAM OVERVIEW
The ColorWRX Pro Program provides access to professional pricing, products, and resources intended for business use. Participation in the Program does not constitute employment, partnership, joint venture, or agency relationship between you and ColorWRX.
2. ACCOUNT ELIGIBILITY & APPROVAL
We reserve the right to approve, deny, or terminate Pro accounts at our sole discretion.
You must provide accurate, complete, and current information and keep it updated.
3. TAX‑EXEMPT PURCHASES
If you select tax-exempt status, you represent and warrant that:
• You are purchasing products for resale or for use in providing services to your customers.
• You will collect and remit all applicable sales tax to the appropriate taxing authorities, and will pay any applicable use tax if products are used in a non-resale application.
• The resale certificate or sales tax license you provide is valid, accurate, and will be used solely for legitimate business purposes.
• You will not misuse your tax-exempt status or provide false or misleading information.
We reserve the right to audit accounts, request documentation, and charge applicable sales tax (plus penalties/interest where allowed by law) if these representations are found to be false or if your account is used improperly.
4. PRODUCTS & USE
You are responsible for reading and following all product labels, technical data sheets, and application instructions. Products must be applied only for their intended use and in accordance with all applicable laws, codes, and industry standards.
ColorWRX is not responsible for improper application, inadequate surface preparation, environmental conditions, or failure to follow instructions.
5. PROFESSIONAL RESPONSIBILITIES
You are an independent business owner and are solely responsible for:
• Maintaining all required licenses, permits, certifications, and insurance.
• Carrying general liability insurance and any other coverage necessary for your operations.
• The quality, safety, and legality of your work and services.
• Obtaining any customer consents, permits, or approvals required for your projects.
6. NO WARRANTIES (TO THE FULLEST EXTENT ALLOWED BY LAW)
ColorWRX products are provided “AS IS” and “AS AVAILABLE.” We make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, except as expressly stated in writing. Your exclusive remedy for product issues is replacement of defective product or refund of the purchase price, at our discretion.
7. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ColorWRX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or goodwill, arising out of or related to your use of our products or participation in the Program, even if advised of the possibility of such damages.
Our total liability to you for any claim shall not exceed the amount paid by you for the product giving rise to the claim.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ColorWRX and its officers, directors, employees, affiliates, and suppliers from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of your use of our products, your services, or your violation of these Terms.
9. TERMINATION
We may suspend or terminate your account or access to the Program at any time for violation of these Terms or for any other reason at our sole discretion.
10. CHANGES TO TERMS
We may update these Terms from time to time. Continued use of the Program after changes means you accept the updated Terms.
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.