TERMS AND CONDITIONS

Terms & Conditions

Updated: July 20, 2022

Website
Mobile Application
SMS Compliance

Colton Lane Website Operating Terms:

Welcome to Colton Lane. These Terms of Use (“Terms”) apply to your access and use of Colton Lane websites, mobile applications and additional Colton Lane Services (collectively, the “Services”) of Perfect Haus, LLC and our subsidiaries and affiliates (collectively, “Colton Lane”, “we” or “us”) and your purchase of products and or services from us. By using and shopping via Colton Lane website(s), Colton Lane mobile services, Colton Lane telephone ordering and interactive voice services, Colton Lane software applications that you download, and other websites and existing or future services including CL Connect that expressly incorporate these Terms (“Colton Lane Services”), you accept and agree to be bound by these Terms and all Terms incorporated herein by reference. In some instances, a particular Colton Lane Service or a product purchased through the Colton Lane Services may be subject to additional policies, guidelines, terms, and/or agreements (“Policies”). In the event that such Policies are inconsistent with these Terms, the Terms shall govern.

Please read these Terms carefully. If you do not wish to be bound by these Terms, including the mandatory arbitration provision and class action waiver, do not access or use the Colton Lane website or Colton Lane Services. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and such entity agrees to be responsible if you or such entity violates these Terms.

Applicable Laws

Colton Lane makes no representation that Colton Lane content or Colton Lane Services are appropriate or available for use in locations other than in the United States, and access to Colton Lane or Colton Lane Services from territories where their content is illegal is prohibited. Access of Colton Lane or Colton Lane Services outside the United States are responsible for compliance with applicable local laws. You may not use or export the content included in any Colton Lane or Colton Lane Service in violation of U.S. export laws and regulations.

Eligibility

When you use Colton Lane Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through the Colton Lane Website or CL Connect. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Colton Lane sells products to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Colton Lane Services only with the involvement of a parent or guardian. Colton Lane reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Colton Lane Services. In the event that Colton Lane denies you access to one or more Colton Lane Services, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such termination.

Change of Terms

Colton Lane may, at its sole discretion, revise or add new terms to these Terms from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Colton Lane may give by any means, including, without limitation, by posting the revised Terms on the Colton Lane Website or through Colton Lane Services or by amending the Last Updated Date above. By continuing to access or use the Colton Lane website, CL Connect, or Colton Lane Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your continued acceptance of the revised terms. You are responsible for reviewing the Colton Lane Terms for any modifications that may affect your rights or obligations and we encourage you to review these Terms frequently to ensure that you understand the Terms of Use that apply.

Privacy

Please refer to Colton Lane’s Privacy Policy concerning how Colton Lane collects, uses or discloses information about you.

Orders & Pricing

All prices are shown in U.S dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and Colton Lane reserves the right to impose quantity limits on any order, cancel all or any part of an order, and or discontinue products and services without notice, even after an order has already been placed. All prices are subject to change without prior notice. Inadvertent errors in advertised prices are not binding on Colton Lane, and may be adjusted by Colton Lane at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Gift Card Terms and Conditions

Colton Lane Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible CL, Colton Lane, or ConnectCL merchandise online.

Your Gift Card cannot be applied to previous purchases or used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. For balance inquiry, email cs@coltonlane.com.

The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible for lost, stolen or destroyed Gift Cards, or Gift Cards not purchased directly from CL. A lost or stolen Gift Card cannot be replaced without presentation of an original receipt, and will only be replaced in the amount of the value shown in our records at the time of the request.

We reserve the right to void Gift Cards, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully or otherwise in violation of these terms and conditions.

Purchase, acceptance or use of Gift Cards constitutes acceptance of these terms and conditions. We reserve the right to change these terms and conditions at any time.

Payments & Cancellations

You represent and warrant that you are authorized to use the payment method designated by you and that you authorize Colton Lane and or our third party processor to charge your payment for the total amount of your purchase including applicable taxes and other charges. Intended payments that cannot be verified or confirmed will result in cancellation of your order if not dealt with by you in a prompt manner. You accept that the amount billed may vary due to promotions, changes to your order, or changes in applicable taxes or other charges, and you authorize Colton Lane and our third party payment processor to charge your payment method for the corresponding amount. Cancel or change orders within 1 hour of completing your purchase by contacting Colton Lane customer service at cs@coltonlane.com

Shipping

Colton Lane may not be able to ship to your location. Contact Colton Lane customer service at cs@coltonlane.com for details. You agree to pay any and all shipping and handling charges listed at the time of purchase from Colton Lane as indicated on your order. Colton Lane reserves the right to increase, decrease, add, or eliminate shipping and handling charges on any order, however doing so on one specific order does not necessarily mean that other orders will be treated in a similar manner. Products that are oversize, heavy, fragile, or one of a kind may be delivered by our Colton Lane white glove delivery service at an additional cost to you. Please review our Colton Lane shipping and Delivery link for additional information concerning white glove delivery details. Please also note that Colton Lane ships using warehouses across the entire U.S; as a result, purchases may be split into multiple orders and arrive in multiple shipments from different vendors.

Taxes

Applicable sales tax or use tax where Colton Lane has a physical presence are required by law. If we are required to collect sales or use tax, you agree that the amount of tax at checkout may be adjusted to reflect actual sales or use tax as it applies to your purchase, including adjustments in variations between processor programs or changes in tax rates. We are not required nor do we collect sales or use taxes where Colton Lane does not have a physical presence, however, you may still owe use tax on products shipped to states where we do not collect same. Please consult your state and local taxing authorities to determine your use tax obligations.

Damages, Returns, Missing Products

Please inspect products upon receipt of your delivery. For shipments showing significant exterior damage, please refuse the shipment and have the carrier return it. If you receive a damaged product, Colton Lane will replace the product or refund your purchase price and all shipping charges if Colton Lane is notified no later than 14 days following receipt of goods. Requests for a return or refund past 14 days will not be honored by Colton Lane unless authorized by Colton Lane in writing. Certain products returned to Colton Lane within 14 days of receipt in an unused and re-saleable condition and in the original boxing are eligible for a refund less original and return-to Colton Lane shipping fees, which will be deducted from your credit. To calculate your credit due, items shipped “free freight” which are returned by you will have the original outbound freight recalculated and added to your inbound Colton Lane freight. Note Final sale, Last Call, Custom items, Colton Lane services or Broker connect products or services are not eligible for return or refund. Credits for returns accepted by Colton Lane will be issued a refund to the original method of payment. Colton Lane shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from 1) Weather conditions or elements of nature or acts of God; 2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; 3) quarantines or embargoes; 4) labor strikes, or 5) other causes beyond the reasonable control of Colton Lane. In the event that Colton Lane is temporarily unable to ship you a purchased item because of such an event, Colton Lane will give you the option of deferring shipment or receiving a refund of your charges.

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Colton Lane Website or Colton Lane Services or through any third-party connections, including but not limited to CL Connect, Facebook, Twitter, Instagram, Pinterest and YouTube. You agree that you will abide by these Terms and will not:

Transmit any information, data, text, images, files, links or software through the Services, except as authorized by us;
Use or attempt to use another member’s account without authorization from such member and Colton Lane;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Introduce to the Services any viruses, worms, Trojan horses and/or harmful codes;
Obtain unauthorized access to any computer system, including, without limitation, access to any API that may be provided by Colton Lane in a manner not authorized by us;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services you are not authorized to access;
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
Impersonate any other person, including, but not limited to, a registered member of the Services or an employee of Colton Lane;
Invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity;
Conduct fraudulent activities;
Develop any third-party applications that interact with User Content or the Services without our prior written consent;
Collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email;
Abuse the “Invite a Friend” feature in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses;
Abuse special discounts, awards or incentives offered by Colton Lane (unless otherwise specified, only one offer is valid per person, with a maximum of two per household);
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Bypass or ignore instructions contained in the robots.txt file, which controls automated access to the Services; or
Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Post user Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Post user Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Post user Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Post user Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Post user Content that impersonates, or misrepresents your affiliation with, any person or entity;
Post user Content that references or depicts Colton Lane or our products or services but fails to disclose a material connection to us;
Post user Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
Post user Content that contains any private or personal information of a third party without such third party’s consent;
Post user Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Post user Content that, in our sole judgment, is objectionable, that restricts or inhibits any other person from using or enjoying the Services, or that may expose us or others to any harm or liability of any type.

License

Copyright of content on the Colton Lane web site is owned by Colton Lane. You are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use this material only for personal, non-commercial purposes. Colton Lane does not give the right to 1) sell, resell, or commercially use the website content or services unless prior written approval is granted, 2) distribute, reproduce, publicly display any Colton Lane content, 3) modify or otherwise make any derivate use of Colton Lane content, or any portion thereof, or 4) display any Colton Lane content with any obscene, explicit, indecent or infringing materials or information. Nothing contained in the Colton Lane web site or Colton Lane Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed without the written permission of Colton Lane or any third party that may own such trademarks or service marks. Colton Lane will aggressively enforce its intellectual property rights to the fullest extent of the law. This license is revocable at any time.

Submissions

For all of the content that you post or submit to Colton Lane, you grant Colton Lane a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content in any media. You grant Colton Lane and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Colton Lane for all claims resulting from any content that you supply. Colton Lane has the right but not the obligation to monitor, edit, or remove any content. Colton Lane takes no responsibility and assumes no liability for any content posted by you or by any third party.

Trademarks

“Colton Lane” and the Colton Lane logo, slogans, and service names are trademarks of Colton Lane and may not be copied, imitated or used, in whole or in part, including metatags or “hidden text” using “Colton Lane”, without prior written approval by Colton Lane The look and feel of the Colton Lane website, products and services, including, without limitation, all page headers, custom graphics, icons, and scripts are a service mark, trademark, or trade dress of Colton Lane and may not be copied, imitated or used, in whole or in part, without prior written approval from Colton Lane All other trademarks, registered trademarks, product service names, company names and or logos shown by Colton Lane are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder.

Third Party Content and Services

Links to CL Connect and other Internet sites and services operated by third parties, including Colton Lane vendors, do not constitute sponsorship, endorsement, or approval by Colton Lane of the content, policies, or practices of such linked sites or services. Colton Lane is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services. Colton Lane makes no representations or warranties of any kind regarding such Third Party Content and you acknowledge and agree that your interactions with third parties are solely between you and such third parties and that Colton Lane is not responsible or liable in any manner.

Electronic Communications

When you access or use the Colton Lane web site, CL Connect, or Colton Lane Services, send e-mails and or receive electronic communications from Colton Lane, CL Connect. or Colton Lane Services, you agree and consent to electronic communications with Colton Lane. Colton Lane may communicate with you by e-mail or by posting notices on one or more of the Colton Lane Services. You agree that all notices, disclosures, agreements, policies, and other communications that Colton Lane provides to you electronically satisfy any requirement that such communications be in writing.

Mobile Services

The Colton Lane website and Colton Lane Services may be accessible through your mobile phone or other mobile device, including but not limited to viewing product, placing orders, receiving and replying to messages, and accessing certain other features (collectively, the “Mobile Services”). Colton Lane does not charge for Mobile Services. However, when you access, use, transmit, or receive Colton Lane content through your designated mobile service provider, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier, and further agree and confirm that Colton Lane, its parent companies, or any of its corporate affiliates or subsidiaries will not be liable for any mobile, access or other related charges, including any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Colton Lane Mobile Services may work with your device. You are responsible for confirming with your service provider whether Colton Lane Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your Colton Lane account information to ensure that the messages Colton Lane intends to send to you are not sent to another person.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MATERIAL CONTAINED IN THE COLTON LANE WEBSITE OR Colton Lane SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, COLTON LANE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE COLTON LANE WEBSITE OR Colton Lane SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

COLTON LANE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER, IF ANY.

UNDER NO CIRCUMSTANCES WILL COLTON LANE OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING COLTON LANE PRODUCTS AND OR SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE COLTON LANE WEBSITE OR Colton Lane SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF COLTON LANE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COLTON LANE DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COLTON LANE WEBSITE OR Colton Lane SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COLTON LANE SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL COLTON LANE OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE COLTON LANE WEBSITE OR Colton Lane SERVICES, EVEN IF COLTON LANE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLTON LANE’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification

You agree to defend, indemnify, and hold harmless Colton Lane and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Colton Lane website, CL Connect or Colton Lane Services.

Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COLTON LANE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

BINDING ARBITRATION; EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR VIOLATIONS TO THE SECTION TITLED “USER CONDUCT”OR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND COLTON LANE AGREE (A) TO WAIVE YOUR AND COLTON LANE’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE MATERIALS OR THE PRODUCTS OR SERVICES PURCHASED FROM US RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND COLTON LANE’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND COLTON LANE AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT).
NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS; YOU AND COLTON LANE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, THE MATERIALS OR THE PRODUCTS OR SERVICES PURCHASED FROM US IS PERSONAL TO YOU AND COLTON LANE 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 COLTON LANE 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 COLTON LANE AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER IN OR OUTSIDE ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
FEDERAL ARBITRATION ACT; YOU AND COLTON LANE AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THAT THE ENFORCEABILITY OF THE DISPUTE RESOLUTION; ARBITRATION SECTION SHALL BE BOTH SUBSTANTIVELY AND PROCEDURALLY GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1ET SEQ. (THE “FAA”), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTICE; INFORMAL DISPUTE RESOLUTION; YOU AND COLTON LANE AGREE THAT EACH PARTY WILL NOTIFY THE OTHER PARTY IN WRITING OF ANY ARBITRABLE OR SMALL CLAIMS DISPUTE WITHIN THIRTY (30) DAYS OF THE DATE IT ARISES, SO THAT THE PARTIES CAN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY. NOTICE TO COLTON LANE SHALL BE SENT BY CERTIFIED MAIL OR COURIER TO XYZ. YOUR NOTICE MUST INCLUDE (A) YOUR NAME, POSTAL ADDRESS, TELEPHONE NUMBER, THE EMAIL ADDRESS YOU USE OR USED FOR YOUR COLTON LANE ACCOUNT AND, IF DIFFERENT, AN EMAIL ADDRESS AT WHICH YOU CAN BE CONTACTED; (B) A DESCRIPTION IN REASONABLE DETAIL OF THE NATURE OR BASIS OF THE DISPUTE; AND (C) THE SPECIFIC RELIEF THAT YOU ARE SEEKING. OUR NOTICE TO YOU WILL BE SENT ELECTRONICALLY TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT AND WILL INCLUDE (X) OUR NAME, POSTAL ADDRESS, TELEPHONE NUMBER AND AN EMAIL ADDRESS AT WHICH WE CAN BE CONTACTED WITH RESPECT TO THE DISPUTE; (Y) A DESCRIPTION IN REASONABLE DETAIL OF THE NATURE OR BASIS OF THE DISPUTE; AND (Z) THE SPECIFIC RELIEF THAT WE ARE SEEKING. IF YOU AND COLTON LANE CANNOT AGREE HOW TO RESOLVE THE DISPUTE WITHIN THIRTY (30) DAYS AFTER THE DATE NOTICE IS RECEIVED BY THE APPLICABLE PARTY, THEN EITHER YOU OR COLTON LANE MAY, AS APPROPRIATE AND IN ACCORDANCE WITH THIS DISPUTE RESOLUTION; ARBITRATION SECTION, COMMENCE AN ARBITRATION PROCEEDING OR, TO THE EXTENT SPECIFICALLY PROVIDED FOR IN BINDING ARBITRATION, FILE A CLAIM IN COURT.
PROCESS; EXCEPT FOR DISPUTES SPECIFICALLY ARISING OUT OF OR RELATED TO A VIOLATION IN BINDING ARBITRATION OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND COLTON LANE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR COLTON LANE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND COLTON LANE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). YOU AND COLTON LANE LANE AGREE THAT (A) ANY ARBITRATION WILL OCCUR IN COOK COUNTY, ILLINOIS; (B) ARBITRATION WILL BE CONDUCTED CONFIDENTIALLY BY A SINGLE ARBITRATOR IN ACCORDANCE WITH THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES (“JAMS RULES”), AND (C) THE STATE OR FEDERAL COURTS OF COOK COUNTY, ILLINOIS, WHICH HAVE EXCLUSIVE JURISDICTION OVER ANY APPEALS AND THE ENFORCEMENT OF AN ARBITRATION AWARD. YOU MAY ALSO LITIGATE A DISPUTE IN THE SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS IF THE DISPUTE MEETS THE REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT.
AUTHORITY OF ARBITRATOR; AS LIMITED BY THE FAA, THESE TERMS AND THE APPLICABLE JAMS RULES, THE ARBITRATOR WILL HAVE (A) THE EXCLUSIVE AUTHORITY AND JURISDICTION TO MAKE ALL PROCEDURAL AND SUBSTANTIVE DECISIONS REGARDING A DISPUTE, INCLUDING THE DETERMINATION OF WHETHER A DISPUTE IS ARBITRABLE, AND (B) THE AUTHORITY TO GRANT ANY REMEDY THAT WOULD OTHERWISE BE AVAILABLE IN COURT; PROVIDED, HOWEVER, THAT THE ARBITRATOR DOES NOT HAVE THE AUTHORITY TO CONDUCT A CLASS ARBITRATION OR A REPRESENTATIVE ACTION, WHICH IS PROHIBITED BY THESE TERMS. THE ARBITRATOR MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION AND MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, PRESIDE OVER ANY TYPE OF CLASS OR REPRESENTATIVE PROCEEDING OR PRESIDE OVER ANY PROCEEDING INVOLVING MORE THAN ONE INDIVIDUAL.
JAMS RULES; THE JAMS RULES AND ADDITIONAL INFORMATION ABOUT JAMS ARE AVAILABLE ON THE JAMS WEBSITE. BY AGREEING TO BE BOUND BY THESE TERMS, YOU EITHER (A) ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE JAMS RULES OR (B) WAIVE YOUR OPPORTUNITY TO READ THE JAMS RULES AND ANY CLAIM THAT THEY ARE UNFAIR OR SHOULD NOT APPLY FOR ANY REASON.
SEVERABILITY; IF ANY TERM, CLAUSE OR PROVISION OF THIS DISPUTE RESOLUTION; ARBITRATION IS HELD INVALID OR UNENFORCEABLE, IT WILL BE SO HELD TO THE MINIMUM EXTENT REQUIRED BY LAW, AND ALL OTHER TERMS, CLAUSES AND PROVISIONS OF THIS SECTION 19WILL REMAIN VALID AND ENFORCEABLE. FURTHER, THE WAIVERS SET FORTH IN SECTION 19.2 ARE SEVERABLE FROM THE OTHER PROVISIONS OF THESE TERMS AND WILL REMAIN VALID AND ENFORCEABLE, EXCEPT AS PROHIBITED BY APPLICABLE LAW.
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 19BY WRITING TO: COLTON LANE X. 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 THE MISCELLANEOUS SECTION BELOW.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Colton Lane has designated an agent to receive notification of alleged copyright infringement occurring on the Colton Lane website or Colton Lane Services:

Will Logan
marcus&boxerman
20 North Clark Street, Suite #2500
Chicago, Illinois 60602
Direct: (312)216-2732
www.marcusboxerman.com

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For Colton Lane to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Colton Lane of an alleged copyright infringement, you should:

Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Colton Lane Service are involved, please provide a representative list of such works on that Colton Lane Service.
Describe the material that is claimed to be infringing and provide sufficient information to permit Colton Lane to locate that material.
Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
Certify that the information that you have provided Colton Lane is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
Include your physical or electronic signature.

Colton Lane may not be able to act on your complaint promptly or at all if you do not provide this information.

Miscellaneous

These Terms contain the entire understanding of you and Colton Lane with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Colton Lane with respect to the subject matter hereof. The failure of Colton Lane at any time to enforce any of the provisions of these Terms will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Colton Lane to thereafter enforce each and every provision of these Terms. No waiver by Colton Lane of any breach of any provision of these Terms will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms. These Terms will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflict of laws principles. Any suit brought under or in connection with these Terms may be brought only in the courts of the State of Illinois, Cook County, and Colton Lane and you consent to the personal jurisdiction and venue of such courts.

Notice to Realtors, Agents, Brokers, Financial Services regarding RESPA:

Disclaimer

In no event shall Colton Lane be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or loss or damage whatsoever arising from the failure of any other party or parties to fulfill requirements to disclose the existing business relationships, financial relationships, or other benefits conferred on or by those parties that the client is financially or otherwise responsible for, if any, as a result of their relationship with Colton Lane. Colton Lane is not responsible for and disclaims any liability for any disclosure obligations between parties required to follow the Real Estate Settlement Procedures Act (“RESPA”), or any other federal, state or local statute or law, and the clients those parties directly or indirectly serve. Any financial institution, real estate company, lender, or any other party bound by RESPA is solely responsible for its own compliance and agrees that it shall hold Colton Lane and any of Colton Lane’s owners, employees, agents, suppliers, distributors or anyone working in any capacity for Colton Lane harmless with regard to compliance with RESPA or any other federal, state or local statute or law.

Disclosure

Colton Lane has entered into contractual relationships with parties that are required to comply with the Real Estate Settlement Procedures Act (“RESPA”). Colton Lane does not receive any benefit, financial or otherwise, from the parties required to comply with RESPA exchange for these relationships.

Questions? Concerns? Suggestions?

Please contact us at cs@coltonlane.com or write to: Colton Lane 215 Arena Street, El Segundo CA 90245 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

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ConnectCL Mobile Application Terms:

These User-Generated Content Terms of Use (“UGC Terms”) apply to ConnectCL, (“ConnectCL”) use and/or distribution of certain user-generated content, including, without limitation, use on ConnectCL’s various websites, social channels, tv broadcast, mobile app, and other promotional initiatives (collectively, “Promotional Channels”).

In consideration for ConnectCL’s use and/or distribution of your content, including but not limited to images, text, designs, illustrations, music, lyrics, photographs, videos or other intellectual property included thereon (the “User Content”), you hereby acknowledge and agree that once ConnectCL uses or distributes any of the User Content via ConnectCL’s Promotional Channels, or those of ConnectCL’s sublicensees and/or brand partners, you shall be bound by these UGC Terms. By agreeing to these UGC Terms you are providing ConnectCL with your permission to use your User Content in accordance with these UGC Terms. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to do so.

ConnectCL reserves the right to modify these UGC Terms without advance notice by posting a revised version of these UGC Terms, which modifications will be effective immediately. Accordingly, you should review the UGC Terms on a regular and frequent basis.

You consent to and acknowledge the use of and processing of any personal data associated with your User Content by ConnectCL or its sublicensees and/or brand partners in accordance with ConnectCL’s Privacy Policies ConnectCL’s Privacy Policies.

USER CONTENT LICENSE

You shall at all times retain ownership of your User Content. You hereby grant to ConnectCL and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives, assigns, third-party service providers and their respective brand partners, marketing or public relations agencies and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use, publish, broadcast, transmit, distribute and re-post (i) your User Content and (ii) your username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with your User Content, in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.

The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. No use of the User Content or your Name and/or Likeness related to the User Content need be submitted to You for any approval for use by the Licensed Parties.

Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you. The Licensed Parties may choose to use, use and stop using, reuse or not use your User Content or Name and/or Likeness at any time. The Licensed Parties’ use of your User Content or your Name and/or Likeness does not imply any endorsement of or any affiliation with you. You hereby waive any right to inspect or approve any use of the User Content or Name and/or Likeness by the Licensed Parties as permitted hereunder.

YOUR REPRESENTATIONS

You represent and warrant that:

(i) you are not a minor or you are the parent/guardian of all minors depicted in your User Content, if any.

(ii) you have the full right, power and authority to grant the rights described in these UGC Terms;

(iii) you own all rights in and to your User Content and Name and/or Likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content and Name and/or Likeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your User Content;

(iv) the Licensed Parties’ use of your User Content and Name and/or Likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws;

(v) the User Content and Name and/or Likeness is not confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and

You hereby fully release, discharge and agree to hold the Licensed Parties, and any person or entity acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content and your Name and/or Likeness.

If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have granted to ConnectCL under these UGC Terms.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and any other means you may use to access the Service. Any person with your device passcode or who has a fingerprint or face ID registered to your device will be able to authorize transactions on any credit card you link to your ConnectCL Wallet or other feature of the Service. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify ConnectCL of any unauthorized use of your account or any other breach of security, including loss or theft of any credit card or device you use to access the Service, and (b) ensure that you exit from your account at the end of each session when accessing the Service. By adding your credit card to your ConnectCL Wallet or by completing a transaction using our Service, you represent and warrant that you are the owner or authorized user of the credit card or debit card you select, and are authorized to make each transaction you authorize. It is your sole responsibility to maintain the security of your ConnectCL Wallet and account, and we will not be responsible for any unauthorized charge to any credit card you linked to your ConnectCL Wallet or account, except as strictly required by applicable law. ConnectCL will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: ConnectCL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, except to the extent required by applicable law. You agree that ConnectCL will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except as expressly provided by applicable law.

General Practices Regarding Use and Storage: You acknowledge that ConnectCL may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ConnectCL’s or its third-party service providers’ servers on your behalf. You agree that ConnectCL has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ConnectCL reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ConnectCL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, except as required by applicable law.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Conditions of Access and Use

User Conduct: You are solely responsible for all information, data, text, software, and other materials that you make available to ConnectCL (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by ConnectCL. ConnectCL reserves the right to investigate and take appropriate legal action against anyone who, in ConnectCL’s sole discretion, violates this provision, including suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
b) violate any applicable local, state, national, or international law, or any regulations having the force of law;
c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) violate the privacy, publicity, intellectual property or other rights of any other person or entity;
e) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
f) If you are blocked by ConnectCL from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Mobile Services

Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Sites from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By using the Mobile Services and submitting your contact information, you are consenting to be contacted by ConnectCL by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email or any other similar means means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that ConnectCL may maintain the information you submit to us even if you decide not to use their services. In the event you no longer want to receive communications from ConnectCL you agree to notify ConnectCL directly. You can opt-out of various contact methods from ConnectCL by contacting ConnectCL directly or replying “STOP” to such text messages. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us. You hereby represent and warrant that in connection with the Mobile Services you will provide your own phone number, and not someone else’s phone number. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ConnectCL account information to ensure that your messages are not sent to the person that acquires your old number. Your use of the Mobile Services is subject to ConnectCL’s SMS Compliance Policy.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of ConnectCL, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ConnectCL.

Special Notice for International Use; Export Controls: The Service is based in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Intellectual Property Rights

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by ConnectCL, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The ConnectCL name and logos are trademarks and service marks of ConnectCL (collectively the “ConnectCL Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ConnectCL. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ConnectCL Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ConnectCL Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will ConnectCL be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ConnectCL does not pre-screen content, but that ConnectCL and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ConnectCL and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ConnectCL, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all rights, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant ConnectCL and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize ConnectCL and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to ConnectCL are non-confidential and ConnectCL will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that ConnectCL may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ConnectCL, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties, including the Merchants (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. ConnectCL has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not ConnectCL, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. ConnectCL enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. ConnectCL will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

You agree to defend, indemnify, and hold harmless ConnectCL, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “ConnectCL Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any ConnectCL Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such ConnectCL Party. ConnectCL will provide notice to you of any such claim, suit, or proceeding. ConnectCL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting ConnectCL’s defense of such matter. You may not settle or compromise any claim against the ConnectCL Parties without ConnectCL’s written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONNECTCL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE CONNECTCL PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONNECTCL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CONNECTCL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE CONNECTCL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CONNECTCL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

ConnectCL will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond ConnectCL’s reasonable control.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and ConnectCL, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and ConnectCL are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND CONNECTCL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CONNECTCL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

ConnectCL is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at cs@coltonlane.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ConnectCL should be sent to The ConnectCL Group, 1730 E Holly Ave Suite #760, El Segundo, CA 90245 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If ConnectCL and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ConnectCL may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ConnectCL or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ConnectCL is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless ConnectCL and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, ConnectCL agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, ConnectCL will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, ConnectCL will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, ConnectCL will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, ConnectCL agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending ConnectCL written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that ConnectCL, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if ConnectCL believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. ConnectCL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that ConnectCL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ConnectCL will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and ConnectCL will have no liability or responsibility with respect thereto. ConnectCL reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and ConnectCL governing your access and use of the Service, and supersede any prior agreements between you and ConnectCL with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ConnectCL submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of ConnectCL to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of ConnectCL, but ConnectCL may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Mobile Services

The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Sites from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By using the Mobile Services and submitting your contact information, you are consenting to be contacted by ConnectCL by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email or any other similar means means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that ConnectCL may maintain the information you submit to us even if you decide not to use their services. In the event you no longer want to receive communications from ConnectCL you agree to notify ConnectCL directly. You can opt-out of various contact methods from ConnectCL by contacting ConnectCL directly or replying “STOP” to such text messages. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us. You hereby represent and warrant that in connection with the Mobile Services you will provide your own phone number, and not someone else’s phone number. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ConnectCL account information to ensure that your messages are not sent to the person that acquires your old number. Your use of the Mobile Services is subject to ConnectCL’s SMS Compliance Policy.

Intellectual Property Rights

Third-Party Services and Websites

Indemnification

Disclaimer of Warranties

Limitation of Liability

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

Prohibition of Class and Representative Actions and Non-Individualized Relief

Pre-Arbitration Dispute Resolution

Arbitration Procedures

Costs of Arbitration

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

Future Changes to Arbitration Agreement

Termination

User Disputes

General

Notice for California Users

U.S. Government Restricted Rights

Questions? Concerns? Suggestions?

Please contact us at cs@coltonlane.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.