Welcome to www.TouchUpDirect.com . The www.TouchUpDirect.com website (the "Site") is comprised of various web pages operated by TouchUpDirect ("TUD"). www.TouchUpDirect.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.TouchUpDirect.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.TouchUpDirect.com is a E-commerce Site TouchUpDirect sells touch-up paint, aerosol paint, and professional paints. We offer automobile touch-up paint, motorcycle touch-up paint, bicycle touch-up paint, and more. All of our touch-up paint colors are created in environmentally friendly formulas.
Visiting www.TouchUpDirect.com or sending emails to TUD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TUD is not responsible for third party access to your account that results from theft or misappropriation of your account. TUD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. TUD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.TouchUpDirect.com only with permission of a parent or guardian.
All TouchUpDirect paint colors are made to order. Despite this, we will accept returns up to 30 days of the date of sale and the paint is unopened and unused. Returns are subject to a 10% restocking fee if they are unopened. TouchUpDirect will not accept opened or used paint in any size. No returns will be accepted without approval and a Return Authorization number.
Links to third party sites/Third party services
www.TouchUpDirect.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TUD and TUD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TUD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TUD of the site or any association with its operators. Certain services made available via www.TouchUpDirect.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.TouchUpDirect.com domain, you hereby acknowledge and consent that TUD may share such information and data with any third party with whom TUD has a contractual relationship to provide the requested product, service or functionality on behalf of www.TouchUpDirect.com users and customers.
No unlawful or prohibited use/Intellectual Property
Third Party Accounts
You will be able to connect your TUD account to third party accounts. By connecting your TUD account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by TUD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TUD Content accessed through www.TouchUpDirect.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TUD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TUD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TUD in asserting any available defenses.
TUD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TUD as a result of this agreement or use of the Site. TUD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TUD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TUD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TUD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TUD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
TUD reserves the right, in its sole discretion, to change the Terms under which www.TouchUpDirect.com is offered. The most current version of the Terms will supersede all previous versions. TUD encourages you to periodically review the Terms to stay informed of our updates.
TUD welcomes your questions or comments regarding the Terms: Click here to email us TouchUpDirect, LLC Van Nuys, California 91405 Effective as of October 19, 2017 "© Certain automotive content displayed within this website, Copyright DataOne Software and are protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited."