PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING CALI DESIGN, LLC’S SERVICE AND THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL THE TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply to your use of Cali Design, LLC’s service and this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with Cali Design, LLC or its subsidiaries or affiliates. By using Cali Design, LLC’s service and this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms. If you are using Cali Design, LLC’s services and Site on behalf of any entity, you further represent and warrant that you are authorized to accept these services and Terms on such entity’s behalf, and that such entity agrees to indemnify Cali Design, LLC for violations of these Service and Site Terms.
You may not use a Cali Design, LLC logo or other proprietary graphic of Cali Design, LLC to link this Site without the express written permission of Cali Design, LLC. Further, you may not use any Cali Design, LLC trademark, logo or proprietary information, including the Cali Design, LLC Content, without Cali Design, LLC’s express written consent.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions of a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules or a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresent your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Cali Design, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Cali Design, LLC or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third part. Cali Design, LLC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any lose or damage thereto, nor is Cali Design, LLC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Cali Design, LLC is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although SCali Design, LLC has no obligation to screen, edit or monitor any of the User Contented posted in any Interactive Area, Cali Design, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Area and/or the Site. You acknowledge and agree that Cali Design, LLC may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the lay or any legal process; protect and defend the rights or property of Cali Design, LLC; or to protect the safety of our company, employees, customers or the public.
If you post Content to the Site, unless we indicate otherwise, you grant Cali Design, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Cali Design, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of Cali Design, LLC’s services and this Site, you agree to; (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Cali Design, LLC immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree that Cali Design, LLC or its licensor holds all the rights, title and interest in all Software and Cali Design, LLC Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the Cali Design, LLC web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as other applicable proprietary rights and laws, and that Cali Design, LLC or its licensor expressly reserves its right in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Cali Design, LLC or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
There is a $250.00 fee to transfer site and any other component created or modified by Cali Design, LLC to another web host or provider. The fee includes license for Genesis framework and license for custom theme template. Additional fees may be required for services related to, but not limited to, transferring the site, moving e-mail accounts, or any other service requested by customer. A transfer request can only be made once the initial year contract agreement has been met.
We do not allow the use of our services spamming or unsolicited bulk e-mail. Users may not send unsolicited email. Any e-mail accounts that are found to be spamming will be disabled. You will not receive any refund for loss of service due to spamming.
You agree to defend, indemnify and hold harmless Cali Design, LLC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or any representation or warranty contained herein, your unauthorized use of the Cali Design, LLC Content, or your violation of any rights of another.
Fees and Payment
As consideration for the Services purchased by you and provided to you by Cali Design, LLC, you agree to pay Cali Design, LLC at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Cali Design, LLC expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment must be made by you by providing a valid credit card or personal check, (“Prepaid Services”) to establish a cash reserve for charge by Cali Design, LLC (collectively, the “Payment Method”). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below. Your Payment Method on file must be kept valid to access or continue to use Cali Design, LLC Services or Products.
If for any reason Cali Design, LLC is unable to charge your credit card or Payment Method for the full amount owed Cali Design, LLC for the Services provided, or if Cali Design, LLC is charged a penalty for any fee it previously charged to Your Payment Method, you agree that Cali Design, LLC may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason Cali Design, LLC is unable to charge your credit card with the full amount of the Services provided, or if Cali Design, LLC is charged back for any fee if previously charged to the credit card you provided, you agree that Cali Design, LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies Cali Design, LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any web site or other Cali Design, LLC Service being provided to you by Cali Design, LLC on your behalf. Cali Design, LLC reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to you. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, and disputes that require legal services. These charges will be billed to your credit card or Payment Method we have on file for you. You understand that in addition to any administrative fees Cali Design, LLC may charge for the handling of the chargeback.
Disclaimer of Warranties
THIS SITE AND THE CALI DESIGN, LLC SERVICES AND CONTENT ARE PROVIDED “AS IS” AND CALI DESIGN, LLC AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CALI DESIGN, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CALI DESIGN, LLC SERVICES OR CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNATIVE AND CONSEQUENTIAL DAMAGES, THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE AND CALI DESIGN, LLC’S SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CALI DESIGN, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR CALI DESIGN, LLC CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR CALI DESIGN, LLC CONTENT AND SERVICES IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Cali Design, LLC uses reasonable efforts to ensure the accuracy, correctness and reliability of the Cali Design, LLC Content and Services, but we make no representations or warranties as to the Cali Design, LLC’s Contents accuracy, correctness or reliability.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories or damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL CALI DESIGN, LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, CALI DESIGN, LLC SERVICES, THE CALI DESIGN, LLC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CALI DESIGN, LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, OR ANY FAILURE OR PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, EQUIPMENT FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CALI DESIGN, LLC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CALI DESIGN, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ASPIRING OUT OF OR RELATING TO THE USE OF THE SITE OR SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY TO CALI DESIGN, LLC FOR ACCESS TO OR USE OF THE SITE AND CALI DESIGN, LLC’S SERVICES AND CONTENT.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Cali Design, LLC Content and Services shall be submitted to confidential arbitration in Tallahassee, Florida, except that, to the extent you have in any manner violated or threatened to violate Cali Design, LLC’s intellectual property rights, Cali Design, LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms and Cali Design, LLC Services Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms and Service Terms, Cali Design, LLC reserves the right, without notice and in its sole discretion, to terminate your account and/or to block our use of the Site and Services.
Any waiver of any provision of the Site Terms and Cali Design, LLC Service Terms will be effective only if in writing and signed by Cali Design, LLC. If any clause in the Site Terms or Service Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Cali Design, LLC will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Cali Design, LLC liable for any of the consequences of such interruptions.
Changes to Site and Service Terms
Cali Design, LLC reserves the right to change any of the terms and conditions contained in the Site Terms and Cali Design, LLC Service Terms or any policy or guideline of the Site and Services, at any time and its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site and Cali Design, LLC Services following the changes will constitute your acceptance of such changes. We encourage you to review the Site Terms and Cali Design, LLC Service Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site, Site Terms or Cali Design, LLC Service Terms may be directed to Cali Design, LLC at support [@] calidesign [dot] [net] or by calling 1-866-860-HOST.