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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Perfect Color Ventures, LLC DBA MyPerfectColor. The collective work includes works that are licensed to Perfect Color Ventures, LLC DBA MyPerfectColor. Copyright 2018, Perfect Color Ventures, LLC DBA MyPerfectColor ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Perfect Color Ventures, LLC DBA MyPerfectColor or purchasing Perfect Color Ventures, LLC DBA MyPerfectColor products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Perfect Color Ventures, LLC DBA MyPerfectColor or to purchase Perfect Color Ventures, LLC DBA MyPerfectColor products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Perfect Color Ventures, LLC DBA MyPerfectColor. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

MyPerfectColor, Hedrix and any other trademarks, service marks and trade names of Perfect Color Ventures, LLC DBA MyPerfectColor used in the site are trademarks or registered trademarks of Perfect Color Ventures, LLC DBA MyPerfectColor. References to paint brands, paint colors, trademarks and trade dress are for reference and comparison purposes only and to identify source. MyPerfectColor.com is not affiliated with and does not sponsor any of the aforementioned brands, colors, trademarks or trade dress. Use by or display on this website of other parties' trademarks, trade dress or products is not intended to, and does not imply a relationship with, or endorsements or sponsorship of, this website by the trademark, tradename, or trade dress owners. All trademarks, tradenames and trade dress are the property of their respective owners.


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Perfect Color Ventures, LLC DBA MyPerfectColor disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Perfect Color Ventures, LLC DBA MyPerfectColor does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Perfect Color Ventures, LLC DBA MyPerfectColor does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

Perfect Color Ventures, LLC DBA MyPerfectColor shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Perfect Color Ventures, LLC DBA MyPerfectColor has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

MyPerfectColor limits its responsibility to the value of the paint sold and will only replace or refund the paint in the event of a matching error or mistake by MyPerfectColor. The colors displayed on the MyPerfectColor website are on-screen representations and are not the actual colors. Please view a physical color swatch or material sample to confirm your color choice prior to purchase. Please always double check your paint colors before painting. See more information below in the sections for “Custom Colors, Website Display and Variation” and “Digital Colors“.

Since all paint colors are custom made to order, all sales are final. No returns or refunds will be offered. In the event of an error by MyPerfectColor, please contact customer service for a replacement or refund.


Custom Colors, Accuracy, Website Display and Variation

MyPerfectColor takes the satisfaction of its customers very seriously. MyPerfectColor creates and maintains a batch sample for every color ordered and verifies this in a light box calibrated to D65 Daylight against the physical sample at our facility before shipping.

MyPerfectColor strives to reproduce colors accurately and uses a combination of a spectrophotometer measurement and visual inspection to verify accuracy. If the DeCMC (a measure of color accuracy) is 3.0 or less, it is considered within the range of acceptability.

Since all paint colors are custom made to order, all sales are final. No returns or refunds will be offered. In the event of an error by MyPerfectColor, then please contact customer service for a replacement.

Color images displayed on the MyPerfectColor website are on-screen representations and are not the actual colors. Limitations in display technology, variations in display devices, and the inherent differences between illuminated digital colors and physical colors contribute to the variance between the on screen and actual paint colors. Please do not make a purchase decision based solely upon on-screen images. If you choose to do so it is at your own risk.

The actual paint color is based on the original color as represented by physical parts, samples, or swatches. The color title displayed on MyPerfectColor describes the specific color name, number and original manufacturer of the color. If the color you are seeking only matches part of the MyPerfectColor name, then it may not be the same color. Color names are arbitrary and not universal. Many different manufacturers may use the same color name but the colors will be different. Please view a physical color swatch or material sample of the specific color being ordered to confirm your color choice prior to purchase. Since all color chips are affected by age, light, heat, and mechanical coating processes, paint color chips may also vary in color or finish from the actual paint in the container. Depending on clarity and depth of color, some colors may require multiple coats.

MyPerfectColor is providing it’s best attempt at its version of the color you are ordering based on physical parts, samples, or swatches from the original manufacturer that MyPerfectColor has obtained.


Digital Color Spaces

Digital color spaces such as RGB, Hex, and CMYK are not reliable ways to specify paint colors. These color spaces are device dependent and will yield different colors based on the measurement device used. You also cannot extract these values from an image or any online representation and expect paint to match. Any other color space values derived from these digital color spaces will carry their inherent inaccuracy.

MyPerfectColor can recreate paint colors based on these digital color spaces, but they are calculated matches that cannot be verified against a physical source as the actual colors only live in the digital domain. MyPerfectColor would input the color values into our matching software and generate a formula which would be used to make paint. There is no way to know what the physical representation of this color should be and nothing physical to compare against. Moreover, a color on a digital display cannot be compared to a physical color. It isn’t possible as the mind cannot simultaneously compare an illuminated color to a physical color.

There is far too much variation to expect matching colors using digital color spaces to yield accurate results. If you are trying to reproduce a physical color, then the only way to do this accurately is by matching paint against the actual physical part, swatch or sample.

Any colors ordered using digital color values are at the buyer’s own risk and are sold As Is with no refunds, returns or exchanges. All sales are final. We warn customers of this before purchasing and the paint is custom made to order per the buyer’s instructions.

Shipping Damage

MyPerfectColor will offer a full refund or replacement in the event of the paint being completely damaged and unusable during shipment. Even though MyPerfectColor uses appropriate packaging, paint can be damaged during shipment. However, if only a small amount of paint leaks or if cans get dented during shipment, the paint itself is undamaged and fully usable without any reduction in quality. In these cases MyPerfectColor will not offer a refund or replacement.


Typographical Errors

In the event that a Perfect Color Ventures, LLC DBA MyPerfectColor product is mistakenly listed at an incorrect price, Perfect Color Ventures, LLC DBA MyPerfectColor reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Perfect Color Ventures, LLC DBA MyPerfectColor reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Perfect Color Ventures, LLC DBA MyPerfectColor shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Perfect Color Ventures, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

Perfect Color Ventures, LLC DBA MyPerfectColor may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Perfect Color Ventures, LLC DBA MyPerfectColor.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Perfect Color Ventures, LLC DBA MyPerfectColor products) shall be in the state or federal courts located in Union County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Perfect Color Ventures, LLC DBA MyPerfectColor products) must be commenced within one (1) year after the claim or cause of action arises. Perfect Color Ventures, LLC DBA MyPerfectColor's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Perfect Color Ventures, LLC DBA MyPerfectColor may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Perfect Color Ventures, LLC DBA MyPerfectColor or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Perfect Color Ventures, LLC DBA MyPerfectColor does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Perfect Color Ventures, LLC DBA MyPerfectColor is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Perfect Color Ventures, LLC DBA MyPerfectColor reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Perfect Color Ventures, LLC DBA MyPerfectColor in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless Perfect Color Ventures, LLC DBA MyPerfectColor, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links

In an attempt to provide increased value to our visitors, Perfect Color Ventures, LLC DBA MyPerfectColor may link to sites operated by third parties. However, even if the third party is affiliated with Perfect Color Ventures, LLC DBA MyPerfectColor, MyPerfectColor has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Perfect Color Ventures, LLC DBA MyPerfectColor. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Perfect Color Ventures, LLC DBA MyPerfectColor seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


*MyPerfectColor uses Kelly Moore or proprietary paints to create or match any color imaginable. MyPerfectColor has matched the colors on this page based on the color specifications of the original. Select a color to see MyPerfectColor's duplication of the colors you desire. Please note that since the paint used to match this color is unique to MyPerfectColor, the finish of the paint may vary from the original. Please note that, other than Kelly Moore, RAL, and Pantone, MyPerfectColor is not offering the actual branded color or paint product for sale and has no affiliation with the color-referenced brands. MyPerfectColor reference to any trademark is for color comparison only. On-screen and printed color representations may vary from actual paint colors. The actual paint color will also vary depending on the specific paint product, application method, gloss level, film variance, surface substrate, age and light source. Please note on small batch size orders, the potential variation of colors is increased.