Terms of service

OVERVIEW

Welcome to ADAMA™ Colors Wholesale. This website and online store are operated by ADAMA COLORS, LLC, doing business as ADAMA™ (“ADAMA,” “we,” “us,” or “our”).

ADAMA operates this store and website, including all related information, content, features, tools, products, and services in order to provide customers with a curated shopping experience (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when accessing or using the Services.

Please read these Terms carefully. They contain important information regarding your legal rights and obligations, including warranty disclaimers, limitations of liability, and other conditions relating to your use of the Services.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence.

To use certain portions of the Services, including placing an order or creating an account, you may be asked to provide information such as your name, company name, email address, billing information, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the legal right to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person without our written consent.

Business and wholesale customers are responsible for ensuring that any information supplied in connection with a business account, reseller status, tax exemption, professional pricing application, or other commercial program is accurate and remains current.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately describe and display our products. However, product appearance and color may vary from what is shown on your screen due to differences in displays, lighting, photography, device settings, and other factors.

Because ADAMA™ products include natural food coloring products, final color, shade, intensity, stability, and performance may also vary depending on the recipe, ingredients, application, processing method, temperature, pH, storage conditions, dosage, and other variables outside our control.

Product photographs, color guides, application guides, percentages, examples, and other visual references are provided for general guidance and comparison purposes and do not guarantee an identical result in every recipe or production environment.

Customers are responsible for testing products in their own recipes and processes before full-scale production.

All product descriptions, specifications, sizes, formulations, packaging, availability, and other product information are subject to change without notice where permitted by law.

We reserve the right to discontinue products or limit quantities available to any customer, business, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you submit an order, you are making an offer to purchase products from ADAMA. We reserve the right to accept, reject, limit, modify, or cancel an order where permitted by law, including in cases involving suspected fraud, pricing or inventory errors, product availability, misuse of promotions, violation of purchase limits, or other legitimate business reasons.

An order is not considered accepted until we confirm acceptance and successfully process the applicable payment.

Please review your order carefully before submitting it. Once an order has entered processing or fulfillment, we may be unable to accommodate cancellation or modification requests.

If we reject, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, billing information, shipping information, or telephone number provided with the order.

Returns, replacements, exchanges, credits, and refunds are governed by our Return and Refund Policy.

Products purchased through ADAMA may be used for lawful personal or commercial purposes, including commercial food production. Resale of ADAMA-branded products is permitted only where authorized by ADAMA or otherwise permitted under applicable agreements and law.

You may not misrepresent ADAMA products, remove or alter required product labeling, falsely represent yourself as ADAMA or an authorized representative of ADAMA, or use our products or branding in a manner that violates applicable law or our intellectual property rights.

SECTION 4 — PRICES, DISCOUNTS, AND BILLING

Prices, discounts, volume pricing, wholesale pricing, professional pricing, promotions, and product availability are subject to change without notice where permitted by law.

The price charged for a product will generally be the price displayed at the time your order is placed and will appear in your order confirmation.

Unless otherwise stated, listed prices do not include applicable taxes, shipping charges, customs duties, brokerage fees, import charges, or other fees that may apply.

Wholesale, volume, professional, account-specific, promotional, or negotiated pricing may be subject to separate eligibility requirements or conditions.

We may offer promotions that are subject to additional terms. If promotion-specific terms conflict with these Terms, the promotion-specific terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases.

You represent and warrant that:

1. the payment information you provide is accurate and complete;

2. you are authorized to use the selected payment method;

3. charges submitted through that payment method will be honored; and

4. you will pay all amounts properly incurred in connection with your order, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Shipping options, rates, processing times, eligible destinations, and other fulfillment information are described in our Shipping Policy.

All stated processing and delivery times are estimates unless expressly stated otherwise.

We are not responsible for delays caused by carriers, severe weather, natural disasters, customs processing, inaccurate customer information, government actions, supply interruptions, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address. Additional charges resulting from an incorrect or incomplete address, refused shipment, re-delivery, or other customer-caused delivery issue may be the customer's responsibility where permitted by law.

Risk of loss and title transfer will be determined in accordance with applicable law and the applicable shipping arrangement.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and their content, including trademarks, trade names, logos, text, product descriptions, graphics, photographs, videos, illustrations, product guides, charts, designs, layouts, packaging, and other materials, are owned by or licensed to ADAMA and are protected by applicable United States and international intellectual property laws.

You may access and use the Services for legitimate personal or business purchasing purposes.

Except as expressly permitted by these Terms or with our prior written consent, you may not reproduce, distribute, modify, republish, commercially exploit, publicly display, create derivative works from, download, scrape, store, transmit, or otherwise use protected portions of the Services.

Nothing in these Terms grants you a license or ownership interest in any trademark, copyright, patent, trade dress, confidential information, or other intellectual property belonging to ADAMA, Shopify, or any third party.

The names ADAMA™, ADAMA Colors, ADAMA™ Colors Wholesale, associated logos, product names, designs, and slogans are trademarks or other intellectual property of ADAMA COLORS, LLC or its licensors and may not be used in a manner that suggests sponsorship, endorsement, affiliation, or authorization without our prior written permission.

Shopify's names, logos, products, and related marks are the property of Shopify. All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, integrations, payment services, applications, or functionality provided by third parties.

Such third-party tools may be provided “as is” and “as available,” and we may not monitor or control them.

Your use of third-party tools is at your own risk and may also be subject to the third party's terms and privacy practices.

We may introduce new features, tools, products, integrations, or services in the future. Unless otherwise stated, those features will be considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may include content, functionality, or links provided by third parties.

We are not responsible for examining or evaluating the accuracy, security, policies, practices, products, or services of third-party websites or services.

If you leave our Services to access a third-party website or service, you do so at your own discretion and risk.

Please review the applicable third party's terms, policies, and practices before entering into a transaction with them.

Questions, complaints, or claims relating specifically to third-party products or services should generally be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

ADAMA™ Colors Wholesale is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with ADAMA™ Colors Wholesale.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ADAMA™ Colors Wholesale, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ADAMA™ Colors Wholesale.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available through our website and footer.

Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy policies.

Because our Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to provide, secure, maintain, and improve Shopify's services.

Information submitted through the Services may also be shared with service providers and other third parties as described in our Privacy Policy.

Please review our Privacy Policy for additional information regarding how ADAMA, Shopify, and our service providers collect, use, disclose, and otherwise process personal information.

SECTION 11 — FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, photographs, testimonials, feedback, proposals, or other content (“Feedback”), you grant ADAMA a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, adapt, publish, distribute, and display that Feedback for legitimate business purposes, including operating, improving, and promoting the Services.

You represent and warrant that:

1. you own or have permission to provide the Feedback;

2. your Feedback does not violate the rights of another person;

3. you have disclosed any compensation or incentive received in connection with the Feedback where required by law; and

4. your Feedback is accurate to the best of your knowledge and otherwise complies with these Terms.

We are not required to keep Feedback confidential, compensate you for Feedback unless separately agreed, or respond to Feedback.

We may remove Feedback that we reasonably determine violates these Terms or applicable law.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information appearing through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, discounts, shipping charges, transit times, availability, product imagery, or other information.

We reserve the right to correct errors, update information, or cancel or modify affected orders where permitted by law, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:

1. for unlawful, fraudulent, deceptive, or malicious purposes;

2. to violate applicable international, federal, state, provincial, territorial, or local laws;

3. to infringe intellectual property or other rights belonging to us or another person;

4. to harass, abuse, threaten, defame, or unlawfully discriminate against another person;

5. to submit false or misleading information;

6. to distribute spam, malware, viruses, malicious code, or harmful software;

7. to impersonate another person or organization;

8. to circumvent security, purchase limits, account restrictions, pricing restrictions, eligibility requirements, checkout validations, or other controls associated with the Services;

9. to collect or exploit personal information belonging to others without authorization;

10. to interfere with the operation, security, availability, or integrity of the Services; or

11. to use automated systems in a manner that violates these Terms or interferes with the operation of the Services.

We may suspend, restrict, or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 — AUTOMATED AGENTS

This section applies if you use software or services that autonomously or semi-autonomously access or interact with the Services (“Agents”).

Agents must not misrepresent themselves as human users, bypass technical restrictions or anti-abuse measures, circumvent CAPTCHAs or similar protections, or otherwise interfere with our ability to manage legitimate access to the Services.

We may restrict or prohibit automated access where necessary to protect the Services, customers, ADAMA, or third parties.

SECTION 15 — TERMINATION

We may suspend or terminate your access to all or part of the Services where permitted by law, including for violation of these Terms, fraudulent or abusive activity, or conduct that threatens the security or operation of the Services.

Termination does not relieve you of obligations incurred before termination, including payment obligations.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, limitations of liability, indemnification, governing law, privacy, and dispute-related obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes and may not be suitable for every customer's particular recipe, application, production process, or commercial use.

Customers are responsible for evaluating whether a product is appropriate for their intended use and for complying with applicable laws, regulations, labeling requirements, food-safety requirements, and production standards applicable to their business or jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT WHERE EXPRESSLY STATED OTHERWISE BY ADAMA, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.

Some jurisdictions do not permit certain warranty exclusions, so some of the foregoing exclusions may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADAMA COLORS, LLC, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR REPLACEMENT COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ADAMA COLORS, LLC, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising out of:

1. your material breach of these Terms;

2. your violation of applicable law or a third party's rights; or

3. your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable. You agree to reasonably cooperate in the defense of such claims.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and additional terms incorporated by reference, constitute the entire agreement between you and us regarding use of the Services, except where a separate written agreement expressly governs a particular transaction, account, wholesale relationship, reseller arrangement, or other matter.

SECTION 21 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms as permitted by law, including in connection with a merger, acquisition, corporate reorganization, asset sale, or transfer of the business.

SECTION 22 — GOVERNING LAW

These Terms and any dispute arising from or relating to the Services will be governed by the laws of the State of Washington, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to any rights or remedies that cannot lawfully be waived, you and ADAMA COLORS, LLC consent to the jurisdiction and venue of the applicable state and federal courts located in or serving Spokane County, Washington.

SECTION 23 — HEADINGS

Headings are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the most current version of these Terms at any time on this page.

We reserve the right to update or modify these Terms by posting an updated version through the Services.

Where required by law, we will provide additional notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

ADAMA COLORS, LLC
Doing business as ADAMA™
3403 E Sprague Ave
Spokane, WA 99202-4836
United States

Email: ella@adamacolors.com
Phone: +1 (509) 593-1894
Washington UBI: 606-099-751