This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Gizmo Enterprises, Inc. ("Gizmo"), the owner and operator of the ColorCutter.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.

This Agreement is intended to supplement the Website Terms of Use. Click here to view our Terms of Use. Gizmo takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here.

Prices for all items on this site are listed in U.S. dollars.

Disclaimer of Warranties

Gizmo warrants that it will replace or refund, at Gizmo’s sole discretion, for the full purchase price, excluding shipping and handling, for any products purchased through the Site at full retail price at any time within the fifteen (15) days following your purchase of the item. Commercial, discounted and wholesale sales are not refundable.

THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. GIZMO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

Waiver and Limitation of Liability

You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Gizmo are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Gizmo. You acknowledge by your use of Gizmo’s products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with Gizmo’s products.

GIZMO HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT GIZMO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.

Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, functional sharp edges and/or permanent ink may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision.

YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST GIZMO ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS GIZMO FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.

Governing Law and Venue

This Agreement, the entire relationship between you and Gizmo, and any litigation or other legal proceeding between you and Gizmo (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its choice of law rules. This contract is fully performable in Broward County, Florida.