Terms of Use

Last updated: 03/06/25

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING COLETO BRANDS WEBSITES.

1. Introduction & Acceptance

Welcome to Coleto Brands and our family of websites. These are the Terms of Use that govern the use of the websites, and their content, functionality, and services (“Websites”), operated by Coleto Brands, LLC, its affiliates and its subsidiaries (“Coleto Brands,” “we” or “us”).  These Terms of Use (together with any documents they expressly incorporate by reference, “Terms”) are entered into by and between you and Coleto Brands. By using or accessing the Website or by clicking to accept or agree to these Terms, you agree and accept to be bound by these Terms.

2. Changes to these Terms

We reserve the right to change these Terms at any time. We may give notice of the updates, and notice may be by posting the updated Terms on the Website, providing notice to the contact information you have provided to us, or any other reasonable means. You can review the most current version of these Terms at any time at www.coletobrands.com/terms-of-use. The version of the Terms in effect at the time of your use of the Website applies. The updated Terms are binding on you with respect to your use of the Website on or after the date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Website. Your continued use of the Website after the date of the updated Terms will constitute your acceptance of the latest version of the Terms.

Notwithstanding the foregoing, for Québec users, modifications to the Terms will enter into force thirty (30) days after the publication of a revised version of the Terms or other notice on this Site, or the receipt of an email notification regarding such modifications.

3. Privacy

We describe our privacy practices in our separate Privacy Notice.  Please be sure to read that notice to understand what information we collect and how we use it.

4. Intellectual Property

The Websites (including all content, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of those things), and associated know-how, are owned by Coleto Brands or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Website IP”). Coleto Brands retains all right, title, and interest in and to the Website IP. These Terms contain no implied licenses. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of our Websites without our prior written consent. 

5. Permitted Uses

You represent and warrant that: (a) you are at least 18 years of age; (b) you have full power and authority to enter into these Terms; and (c) you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States. You may use the Website only for lawful purposes and in accordance with these Terms. You understand and accept that we are not liable for any losses or liability relating to your eligibility or ineligibility to access or use our Website. 

6. Prohibited Uses

You agree not to: 

  1.  use the Websites in any way that violates any applicable law, including federal, state, local, or international law or regulation; 
  2. use the Website for any unauthorized, fraudulent, or malicious purpose;
  3.  engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, in our view, may harm Coleto Brands or users of the Website or expose them to liability;
  4. “frame” or “mirror” any part of any Website, or otherwise incorporate any portion of a Website into any product or service;
  5. “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
  6.  use a Website in any manner that could disable, overburden, damage, or impair the Website;
  7. engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam;”
  8. use any Website IP to advertise or offer to sell or buy any goods or services without specific advance written consent from Coleto Brands;
  9.  access systems, data or information not intended by us to be made accessible to a user;
  10. use any robot, spider, or other automatic device, process, or means to access a Website for any purpose, including monitoring or copying any of the material on a Website, including creating a database by systematically downloading and storing any content on a Website;
  11. obtain or attempt to obtain any materials or information through any means not intentionally made available by us; and
  12. use the Websites for any use other than the purpose for which they were intended.

The content available on the Websites, including the Website IP, is protected by copyright and other intellectual property laws. You are strictly prohibited from using any content from the Websites for the purpose of training, developing, or improving any machine learning or artificial intelligence models, including but not limited to large language models, without the explicit written permission or Coleto Brands. Any unauthorized use of content for such purposes is a violation of these Terms and may result in legal action.

7. Third-Party Materials & Links to Other Sites

Certain portions of the Websites may make available access to third party sites, information, products, services and other material made available by third parties (“Third-Party Materials”). Third-Party Materials are for convenience only and are not an endorsement by us or our partners of the referenced content, product, service, or supplier. We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Websites. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents. We do not examine or evaluate, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from Third-Party Materials. Your access to and use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions and privacy policies applicable to those Third-Party Materials. 

8. Disclaimer of Warranties

Where permitted by applicable law:

ALL INFORMATION PROVIDED THROUGH THE WEBSITE IS FOR GENERAL INFORMATION ONLY. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ANY PRODUCT INFORMATION AND THIRD-PARTY MATERIALS CONTAINED THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR WARRANTIES THAT MAY RISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.

9. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COLETO BRANDS OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, “COLETO BRANDS PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE COLETO BRANDS PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 U.S. DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR LIABILITY. NOTHING IN THIS SECTION  8 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT, UNDER APPLICABLE LAW, BE EXCLUDED. 

10. Indemnification

You will defend, indemnify, and hold harmless the Coleto Brands Parties> from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (A) your violation of these Terms; (B) your use of a Website; or (C) your violation of any other party’s rights or applicable law.

11. Termination

We may, in our discretion and without liability to you and with or without prior notice, suspend your access to all or a portion of our Websites without liability to you, or modify or discontinue, temporarily or permanently, any portion of the Website. 

12. Dispute Resolution, Governing Law & Venue 

Where permitted by applicable law:

 If there is a dispute, claim, or controversy arising out of or in connection with this Website or its use, you and Coleto Brands first agree to try to resolve the problem through informal discussions. If the dispute is not resolved through those discussions within 30 days, either party may bring the matter before the courts located in 701 Millennium Boulevard, Greenville, SC 29607 and you and Coleto Brands each consent to the exclusive jurisdiction of those courts. These Terms will be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of laws provisions.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU OR WE MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

14. General

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Coleto Brands intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Coleto Brands agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Coleto Brands may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Website or its content, and any attempt by you to do so is void. Coleto Brands’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Coleto Brands if it is in a written document signed by Coleto Brands. These Terms constitute the entire agreement between you and Coleto Brands with respect to the Websites. No one other than you and Coleto Brands, or Coleto Brands’ successors and assigns, will have any right to enforce any of these Terms. Neither these Terms nor the Websites create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. 

You may contact us by writing us at:

701 Millennium Blvd. 
Greenville, SC 29607, USA