ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES
(a) Communications By CalExotics
In order to provide you with the Services, we may need to contact you with certain communications. By using the Services, you consent to receive any and all such communications. We will communicate with you via electronic means, which include, but are not limited to, e-mail, text, social media or SMS communications and push notifications. We may also communicate with you by posting or sending you notices through the Site. These communications are considered part of the Services. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(b) Communications By User
All communications and comments submitted to CalExotics through the Services are non-confidential. CalExotics reserves the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. CalExotics retains rights to all comments, feedback, suggestions and submissions to us using the Services. User acknowledges and agrees that all messages or content posted by User or others in any Chat rooms or public areas of the Site shall be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into on the Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s) and may be subject to disclosure to applicable governmental authorities in accordance with applicable law.
INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to CalExotics, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Content may not be used in connection with any product or service not owned by CalExotics, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CalExotics. All other trademarks not owned by CalExotics that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CalExotics. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
User is granted a limited, non-sublicensable right to access the Services to print the Content for User’s personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for User to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).
Any unauthorized use of the Services or the Content therein terminates any permission or license that CalExotics granted User, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray CalExotics, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any CalExotics logo or other proprietary graphic or trademark as part of the link without express, prior written permission.
SERVICE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by CalExotics User finds that the product is not as described via the Services, User’s sole remedy is to return it in unused condition, subject to CalExotics’ Return/Exchange policy.
We cannot confirm the price of an item until User orders; however, we do not charge User’s credit card until after the order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges. State and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY CALEXOTICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALEXOTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT YOU USE THE SERVICES AT USER’S SOLE RISK.
CALEXOTICS DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES (INCLUDING PRIZES AVAILABLE THROUGH REWARD PROGRAMS OFFERED BY CALEXOTICS) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
User understands that CalExotics cannot and does not guarantee or warrant that files available for downloading in connection with the provision of the Services, if applicable, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. CALEXOTICS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO THE USE OF THE SERVICES, THE USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR THE DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL CALEXOTICS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Post, submit, publish, display, disseminate, or otherwise communicate, while connected to, or otherwise directly or indirectly using the Site or other services provided to User by CalExotics, any defamatory, obscene, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity;
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful;
- Harvest or collect information about users of the Site;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;
- Restrict or inhibit any other person from using the Site;
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without CalExotics’ express prior written consent;
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
- Remove any copyright, trademark or other proprietary rights notice from the Site;
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without CalExotics’ express prior written consent;
- Systematically download and store content of the Site;
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without CalExotics’ express prior written consent. Notwithstanding the foregoing, CalExotics grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. CalExotics reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
CalExotics make no representation that the Services are appropriate for use or can legally be used outside the United States or are permitted in any jurisdictions in the United States. Accessing and using the Services is prohibited in locations where doing so would be illegal. Users that access or use the Services do so on their own initiative and are responsible for complying with local laws.
THIRD PARTY CONTENT OR SERVICES
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
User agrees that any Dispute is personal to User and CalExotics, and that any such Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither User nor CalExotics agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither User nor CalExotics agrees that a dispute can be brought as a class representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
- To the maximum extent permitted by applicable law, each party shall be responsible for the cost of preparing and presenting its case in arbitration, and shall each pay one half of any arbitration costs and fees charged by the arbitrator;
- In the case of face-to-face arbitration proceedings, the proceedings shall be conducted at a location that is reasonably convenient to you; and
- The arbitrator’s award shall be in writing.
CHOICE OF LAW
WAIVER AND SEVERABILITY