Terms
November 2023
Terms and Conditions
KISS Products, Inc. and its affiliates and subsidiaries (collectively "KISS") welcome you to the Colors & Care websites, accessible at colorsandcare.com, including any mobile versions thereof or related mobile applications (collectively, the "Colors & Care Sites").
KISS offers the Colors & Care Sites, including all information, tools and services available on the Colors & Care Sites, to you, subject to your acceptance of these Terms. Your continued access and use of any Colors & Care Site constitutes your agreement to these Terms. If you do not wish to be bound by these Terms of Use, please do not use any Colors & Care Site.
Additional Terms
Certain features or services offered on the Colors & Care Sites may be subject to separate guidelines, terms and conditions which may be posted from time to time ("Additional Terms"). All Additional Terms are hereby incorporated by reference into these Terms. In most cases the Additional Terms are specific to a particular feature of a Colors & Care Site or a service or offering provided on a Colors & Care Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
Text & Marketing Notifications
By consenting to Kiss Color & Care’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.colorsandcare.com/pages/contact for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
By using or purchasing Kiss Color & Care’s products or services, you agree that any controversy, claim, action, or dispute between you and Kiss Color & Care arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Kiss Color & Care’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Nassau, New York, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the state of New York without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Kiss Color & Care’’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 25 Harbor Park Dr, Port Washington, NY 11050. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Kiss Colors & Care. You are responsible for ensuring Kiss Colors & Care’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
You and Kiss Colors & Care agree that you may bring or participate in Claims against Kiss Colors & Care only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Kiss Colors & Care agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Privacy Policy
The KISS Privacy Policy provides information and notices concerning KISS and Colors & Care and use of your personal and non-personal information with respect to the KISS Sites. By accessing, downloading or using the KISS Sites and accepting these Terms, you are subject to the KISS Privacy Policy located at https://www.colorsandcare.com/pages/privacy-policy, which is hereby incorporated into and made part of these Terms.
Privacy Policy - Text & Marketing Notifications
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.
Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.
Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
License & Site Access
All content on the Colors & Care Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement thereof) (collectively, "Colors & Care Content"), is the exclusive property of KISS, its licensors or its content suppliers and is protected by United States and/or foreign copyright, trademark and other applicable laws.
KISS grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of the Colors & Care Sites. KISS strictly prohibits all other uses of the Colors & Care Sites and Colors & Care Content, including but not limited to downloading, copying, modifying or other use of the Colors & Care Sites or Colors & Care Content for any purposes competitive to KISS or Colors & Care to benefit another vendor or third party;
framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
- any collection and use of any product listings, descriptions, or prices;
- any use of any meta tags or any other "hidden text" utilizing KISS and Colors & Care name or trademarks;
- any use of data mining, robots, or similar data gathering and extraction tools;
- any caching or linking to a KISS or Colors & Care Site, including in a manner that portrays KISS or Colors & Care or its products or services in a false, misleading, derogatory, offensive or any other manner which KISS in its sole discretion, may find to be objectionable;
- any uploading, posting, or transmitting of material with software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer.
You are responsible for obtaining access to the Colors & Care Sites, and any third-party fees. You must provide and are responsible for all equipment needed to access the Colors & Care Sites. You may not bypass any measures that have been implemented to prevent or restrict access to the Colors & Care Sites. Any unauthorized access to the Colors & Care Sites by you shall terminate the permission or license granted to you by KISS.
KISS may terminate the foregoing licenses at any time for any reason or no reason, with or without notice, including for any unauthorized use. Except for the rights and licenses expressly granted, KISS reserves all other rights, and no other rights are granted by implication or otherwise.
Content You Submit:
Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information or materials (collectively, "User Content") on or through the Colors & Care Sites, provided that the User Content:
- is not confidential and proprietary; does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
- does not contain software viruses or malware;
- does not consist of political campaigning, chain letters, mass mailings, or any form of "Spam".
- does not contain ads or solicitations of any kind, or other commercial content;
- is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise misleading as to the source;
- does not contain messages by non-spokesperson employees of KISS or any of its brands purporting to speak on behalf of KISS or Colors & Care containing confidential information or expressing opinions concerning KISS and its brands;
- does not offer unauthorized downloads of any copyrighted, confidential or private information; and
- does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless KISS or Colors & Care expressly asks you to provide such information.
If you do post any User Content, you grant KISS and Colors & Care a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant KISS and Colors & Care and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content if we or they so choose. You represent and warrant: that you own or otherwise control all of the rights to your User Content that you post; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify KISS and Colors & Care, including licensors against all claims, including any attorneys' fees relating to that defense thereof, resulting from your User Content. To the full extent permissible by law, KISS assumes no responsibility and assumes no liability for any User Content posted by you or any third party on or through a KISS or Colors & Care Site.
Accuracy & Availability of Products:
KISS attempts to be accurate at all times when describing our products on a Colors & Care Site. However, KISS does not warrant that descriptions and any other content or information accessible on the Colors & Care Sites are accurate, complete, reliable, current or error-free. Reference to any product or service on a Colors & Care Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available directly by Colors & Care to customers, available in all countries, or that the name, description or specification of the product or service will be the same as that included on the Colors & Care Site. Specific advice concerning the availability and suitability of any particular product or service should be sought from the local Colors & Care affiliate or distributor concerned.
Site Disruptions:
KISS does not warrant that the Colors & Care Sites will be error-free and that our services will not be interrupted or affected by any problems or bugs. KISS and Colors & Care does not assume any responsibility or liability for such problems or bugs.
Disclaimers and Limitation of Liability
The Colors & Care Sites are provided by KISS on an 'as is' and 'as available' basis. KISS makes no representations or warranties of any kind, express or implied, as to the operation of the Colors & Care Sites or the information, content, products, or services included on the sites. You expressly agree that your use of the Colors & Care Sites is at your sole risk. To the full extent permissible by applicable law, KISS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KISS does not warrant that the Colors & Care Sites, their servers, or e-mails sent from Colors & Care on KISS’s behalf by its service providers are free of viruses or other harmful components. KISS will not be liable for any damages of any kind arising from the use of the Colors & Care Sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You will indemnify and hold harmless KISS Products, Inc., its subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the "KISS Parties") from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorney’ and expert fees), incurred by the KISS Parties, and shall defend the KISS Parties against any and all claims arising out of:
(1) your breach of these Terms;
(2) fraud you commit, or your intentional misconduct or gross negligence; or
(3) your violation of any applicable U.S. of foreign law or the rights of a third party.
The applicable KISS Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such KISS Party.
Trademarks:
The trademarks, trade names, service names, logos, marks of indicia or other proprietary graphics displayed on the Colors & Care Sites (collectively, "Marks") are the property of KISS or its licensors, content providers or other parties under applicable trademark laws of the United States and other countries. All other trademarks not owned by KISS or its subsidiaries that appear on the Colors & Care Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KISS or its subsidiaries. You are prohibited from using or displaying any of Marks appearing on any Colors & Care site in any manner including, but not limited to use as meta tags on other pages or sites without the written permission of KISS or such third party which may own the applicable Mark. It is KISS's policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), notifications of claimed copyright infringement by third parties should be sent to KISS's Copyright Agent, c/o KISS customer service. If you believe that your copyrighted work is being used on a KISS or Colors & Care Site in a way that constitutes copyright infringement, please notify our Copyright Agent in writing with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to KISS's Agent that includes the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c ) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the applicable KISS Site; (d) your address, telephone number, and, if available, email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.
Export Control:
You acknowledge that any purchased goods licensed or sold on the Colors & Care Sites may be subject to the customs and export control laws and regulations of the United States and the customs and export laws and regulations of the country in which the products are otherwise sold, manufactured and/or received, as applicable. By purchasing, downloading or using technology or software from the KISS or Colors & Care Sites, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Additional Terms
eGift Cards:
Colors & Care eGift Cards are issued by KISS Products; use or acceptance of Colors & Care eGift Card constitutes acceptance of these terms.
Where to Buy Colors & CareeGift Cards: You may purchase a Colors & Care eGift Card at any Colors & Care website. Colors & Care eGift Cards are only sold online at and can only be redeemed at colorsandcare.com. Colors & Care eGift Cards are available in values ranging from $10 to $100. With the exception of promotional eGift Cards, Colors & Care eGift Cards have no expiration date. No service or use fees of any kind will be imposed on purchasers or recipients of Colors & Care eGift Cards until further notice.
You may not use a Colors & Care eGift Card to purchase other gift cards or e-gift cards. Also, VIP Rewards points cannot be redeemed for the purchase of other gift cards or e-gift cards. During the purchase and checkout process on colorsandcare.com, purchasers of Colors & Care eGift Cards must provide a correct email address in order to receive them. Refunds will not be made for eGift Card purchases sent to an incorrect or otherwise undeliverable or invalid email address provided by the purchaser. IN NO EVENT SHALL COLORS AND CARE BE RESPONSIBLE IF THE EGIFT CARD IS LOST OR REDEEMED BY AN INCORRECT RECIPIENT.
How to Redeem eGift Cards: Colors & Care does not issue physical gift cards. Colors & Care eGift Cards are only sold online and can only be redeemed at colorsandcare.com. Recipients receive an email notice of the eGift Card with the value and a gift card code. The recipient can click on the code to redeem it and apply it to their account as a store credit for current or future use. Or a Colors & Care eGift Card can be redeemed at a future date by entering the gift card code at the Payment step during the Checkout process. Colors & Care eGift Cards are redeemable for merchandise on all Colors & Care websites within the United States and Canada. They cannot be redeemed or exchanged for cash.
From the available balance on the Colors & Care eGift, your order amount and any sales tax, shipping and handling fees, and if applicable, any other charges, will be deducted. If the amount of the order exceeds the available balance on the eGift Card, you will need to pay for the difference.
eGift Card Balance:To check your eGift Card balance, login to your account, then click on “Store Credit” and you will be able to view the details.
Returns: Your eGift Card, after it has been delivered to you, cannot be canceled or returned.
Lost or Stolen Colors & Care eGift Cards: You should treat eGift Cards like cash and safeguard them as such. eGift Cards will not be replaced if lost or stolen
Contact Us:
If you have any questions or comments regarding these Terms, email help@colorsandcare.com or write to Colors & Care Customer Service, 25 Harbor Park Drive, Port Washington, NY 11050
