Terms of Service

Welcome to Chroma Elite. These Terms of Service ("Terms") govern your access to and use of our website at chromaelitepaint.com (the "Site") and your purchase of products from us. By accessing or using the Site, browsing our products, creating an account, or placing an order, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use the Site or purchase our products. We reserve the right to refuse service to anyone for any reason at any time.

These Terms should be read together with our Privacy Policy, which is incorporated by reference into these Terms. Additional terms and conditions may apply to specific areas of the Site or to particular products or services, and those additional terms become part of your agreement with us if you use those areas, products, or services.

By using the Site or placing an order, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into a binding contract with Chroma Elite
• You will provide accurate, current, and complete information when creating an account or placing orders
• You will use the Site only for lawful purposes and in accordance with these Terms
• You are not prohibited from receiving products or services under the laws of the United States or other applicable jurisdictions

If you do not meet these eligibility requirements, you may not use the Site or place orders with us.

We strive to provide accurate descriptions, images, pricing, and specifications for all products displayed on our Site. However, we do not warrant that product descriptions, colors, finishes, specifications, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free.

Product colors and finishes may appear differently on your screen than in person due to monitor settings, lighting, and other factors. We recommend ordering samples or contacting us for color consultations before making large purchases.

We reserve the right to:

• Modify, discontinue, or remove products from our catalog at any time without prior notice
• Limit the quantity of products available for purchase
• Impose restrictions on the sale of products to certain geographic areas
• Update product descriptions, specifications, and pricing as needed

The inclusion of any product on our Site does not constitute an offer to sell that product. All product offerings are subject to availability and our acceptance of your order.

When you place an order through our Site, you are making an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including but not limited to:

• Product unavailability or insufficient stock
• Pricing errors or technical issues
• Suspected fraudulent or unauthorized transactions
• Inaccurate or incomplete information provided during checkout
• Your failure to meet the eligibility requirements set forth in these Terms
• Restrictions on sales to certain jurisdictions
• Detection of unusual order patterns or bulk purchases that may indicate resale

Receipt of an order confirmation email does not constitute our acceptance of your order. Your order is accepted when we send you a shipping confirmation or when the products are made available for pickup, whichever occurs first. We may require additional verification or information before accepting orders.

If we cancel an order after payment has been processed, we will refund the full amount paid to the original payment method. We are not responsible for any consequential damages or losses resulting from order cancellations.

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. We strive to provide accurate pricing information, but errors may occur. If we discover a pricing error after you have placed an order, we will notify you and give you the option to:

• Proceed with the order at the correct price, or
• Cancel the order and receive a full refund

The total price for your order will include the product price, applicable taxes, and shipping charges, which will be clearly displayed during checkout. You are responsible for all charges associated with your order.

We reserve the right to refuse or cancel any transaction that we believe violates these Terms or applicable law. You agree to pay all applicable fees and taxes in connection with your purchases.

We ship products to addresses within the United States. Shipping times and costs vary depending on the destination, product size, weight, and selected shipping method. Estimated delivery times are provided for your convenience but are not guaranteed.

Title and risk of loss for products purchased from us pass to you upon delivery to the carrier. We are not responsible for delays, damage, or loss that occur during shipping, though we will work with carriers to help resolve shipping issues when possible.

You are responsible for providing accurate and complete shipping information. We are not liable for delivery delays or non-delivery caused by incorrect or incomplete address information provided by you.

For more detailed information about shipping options, costs, delivery times, and international shipping, please refer to our Shipping & Returns policy.

Returns, refunds, and exchanges are subject to our Shipping & Returns policy, which governs:

• Eligibility requirements for returns and exchanges
• Return timeframes and procedures
• Condition requirements for returned products
• Refund processing times and methods
• Restocking fees or other applicable charges
• Products that may not be returnable or refundable

Please review our Shipping & Returns policy carefully before making a purchase. By placing an order, you acknowledge that you have read and agree to our return and refund policies.

Certain products, such as custom-mixed colors or special orders, may not be eligible for return or refund. We will clearly indicate any such restrictions on product pages or during the ordering process.

If you receive damaged or defective products, please contact us immediately at sales@chromaelite.com or 813-841-9642 so we can assist you.

You may create an account on our Site to access certain features, track orders, save shipping information, and manage your preferences. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password and account credentials
• Notify us immediately if you suspect unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not use another person's account without permission, share your account credentials with others, or create an account using false or misleading information.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or are used in a manner that could harm our business, customers, or reputation. If your account is terminated, you may lose access to any information, content, or benefits associated with that account.

You may close your account at any time by contacting us or using account settings on the Site. Closing your account does not affect any obligations you incurred prior to closure, including outstanding payments for orders.

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates federal, state, local, or international law
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Engage in conduct that restricts or inhibits anyone's use or enjoyment of the Site
• Attempt to gain unauthorized access to the Site, accounts, computer systems, or networks connected to the Site
• Use any robot, spider, scraper, or other automated means to access the Site or collect data without our express written permission
• Introduce viruses, malware, or other malicious code that could damage or disrupt the Site or its infrastructure
• Circumvent, disable, or interfere with security-related features or features that prevent or restrict use or copying of content
• Engage in any activity that could harm, disable, overburden, or impair the Site or interfere with any other party's use of the Site
• Use the Site to transmit spam, chain letters, or other unsolicited communications
• Harvest email addresses or other contact information from the Site
• Use the Site for commercial purposes not expressly authorized by these Terms

Violation of this section may result in immediate termination of your access to the Site and may subject you to civil and criminal liability.

The Site and all content, features, and functionality (including but not limited to text, graphics, logos, images, videos, product descriptions, software, and design) are owned by Chroma Elite, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Chroma Elite name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Chroma Elite or its affiliates. You may not use these marks without our prior written permission. Other names, logos, and brands mentioned on the Site may be trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. This license does not include:

• Any right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Site, except as expressly permitted
• Any right to use automated systems or software to extract data from the Site for commercial purposes
• Any right to use our intellectual property for commercial purposes without a license agreement

If you believe that content on the Site infringes your intellectual property rights, please contact us at sales@chromaelite.com with detailed information about the alleged infringement.

The Site may contain links to third-party websites, services, or applications that are not owned or controlled by Chroma Elite. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

We use third-party service providers to facilitate certain aspects of our business, including payment processing (Stripe), website hosting, analytics, and other services. These third parties have their own terms and privacy policies, and your use of their services is subject to those terms.

We do not endorse or assume any responsibility for any third-party sites, services, or content. You acknowledge and agree that we are not liable for any damages or losses caused by your use of any third-party websites, services, or content.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit or use.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Site will function without interruption, errors, or security breaches
• Defects will be corrected
• The Site or the servers that make it available are free of viruses or other harmful components
• The information provided on the Site is accurate, complete, or reliable
• Products will meet your specific requirements or expectations

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other rights that vary by jurisdiction.

Your use of the Site and purchase of products is at your sole risk. We recommend consulting with professionals regarding proper product selection, application, and use for your specific needs.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHROMA ELITE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• Your access to or use of (or inability to access or use) the Site or products
• Any conduct or content of any third party on the Site
• Unauthorized access to or alteration of your transmissions or data
• Errors, mistakes, or inaccuracies of content
• Personal injury or property damage resulting from your use of the Site or products

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Chroma Elite, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Site or products
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved through good faith negotiations. If a dispute cannot be resolved through negotiation, you agree that such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Tampa, Florida.

You waive any objection to venue in these courts and any claim that such courts are an inconvenient forum.

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page.

If we make material changes to these Terms, we will provide notice through the Site or by other means, such as email, prior to the changes taking effect. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must stop using the Site.

If you have any questions, concerns, or comments about these Terms of Service, please contact us: