Terms of Use

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE, ALONG WITH OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE IN ITS ENTIRETY, CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (sometimes referred to as “User”) AND CALIFORNIA EXOTIC NOVELTIES AND CONDITIONS YOUR USE OF THE SERVICES BY YOUR USE, PARTICIPATION IN, OR RECEIPT OF ANY CALEXOTICS SERVICES (AS DEFINED BELOW), AND SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND THE TERMS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

ACCEPTANCE OF THE TERMS OF USE

Welcome and thank you for using the services offered by California Exotic Novelties and its affiliates (“CalExotics”). The following Terms of Use govern all websites (including but not limited to http://www.calexotics.com and all pages within it) (any such website being referred to as the "Site"), and mobile sites owned or operated by CalExotics, including any of our content, programs, services, features, activities, and products (collectively, the "Services").  

PRIVACY POLICY

Your privacy is important to us. We encourage you to read our Privacy Policy to understand our privacy practices, so that you may make an informed decision about using the Services. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.  Under these Terms of Use and the Privacy Policy, you represent and warrant that all data and information you provide to CalExotics is true, accurate and complete.

CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time at our sole discretion and by any reasonable means, including by posting revisions to the Site.  Such revisions will be effective immediately upon posting them to the Site. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES

All content and materials, including messages, and other communications, contained on the Site are intended for distribution exclusively to consenting adults in locations where all the content, materials, messages and other communications contained on the Site do not violate any community standards or any federal, state or local law or regulation of the United States or any law of any other country.  No persons under the age of eighteen (18) years (or twenty-one (21) years in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the content and materials of the website or place any orders for any goods or services advertised at, in or through the website. Any access to the website or any of its content and materials by a minor shall constitute unauthorized access to stored communications prohibited by the Stored Communications Act, 18 U.S.C. SECTIONS 2510-2520, and violations of other laws. Use of the Site constitutes acknowledgement by the User that the User is currently over the age of eighteen (18) years (twenty-one (21) years in places where eighteen (18) years is not the age of majority) and the user is capable of lawfully agreeing to and complying with the Terms of Use herein.   

COMMUNICATIONS

(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.

PROHIBITED USES

User may use the Services only for lawful purposes and in accordance with these Terms of Use.  User agrees not to:

  • 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.

Transmission of any of the above listed material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of the Terms of Use herein, entitling CalExotics to immediately terminate all rights to access the Site and/or the Services without notice.  User agrees that User is solely responsible for all information which User submits, publishes, displays, disseminates or otherwise communicates through the Site, even if a claim should arise after termination of service.  User further acknowledges and agrees that User shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which User submits, publishes, displays, disseminates or otherwise communicates through the Site even if a claim for damages or liability should arise after termination of access to the Site and/or Services.

INTERNATIONAL USE

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

The Services may contain links to or integration of third party content and/or services (including but not limited to any programs, features, activities, and products) owned or operated by parties other than CalExotics, including but not limited to social media features. Such links or integrations are provided for your convenience and reference only. CalExotics does not own or control the content or services offered by third parties, is not responsible for examining or evaluating third party content or services, and is not responsible for third party content or services. CalExotics’ inclusion of links to or integrations of third party content or services does not imply any endorsement of the third party content or services or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with the content or services' owner(s), operator(s) or sponsor(s). Furthermore, CalExotics’ inclusion of links or integrations does not imply that CalExotics is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked or integrated third party content or services. CalExotics does not assume any responsibility or liability for the actions, products, services, or content of third parties. When leaving the Services, User should be aware that these Terms of Use no longer govern. User should carefully review the terms of use, privacy policy, and all other relevant user agreements for the third party content or services.

RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. User waives any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accepts the use of binding arbitration; provided, however, that User has the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. “Dispute” as used in these Terms of Use, means any controversy or claim arising out of or related to these Terms of Use, the subject matter of these Terms of Use, or your use of the Services.

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.

These Terms of Use affect interstate commerce and User and CalExotics agree that the terms of this “Resolution of Disputes” provision will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. § 1-9, (“FAA”) to the maximum extent permitted by applicable law. Moreover, this “Resolution of Disputes” provision shall survive any termination of these Terms of Use.

The arbitration of any Dispute will be administered by the American Arbitration Association (“AAA”). In the event that the AAA declines or is unable to administer the arbitration, User and CalExotics agree to use an arbitration forum or arbitrator that User and CalExotics mutually agree upon. If, after making a reasonable effort, User and CalExotics are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be started and conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) as modified by these Terms of Use. The AAA Rules, and other information about the AAA and arbitration, are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. User and CalExotics agree that the AAA Rules shall be subject to the provisions of these Terms of Use, changes in procedures that the AAA may make from time to time in its AAA Rules or successor rules, and the following modifications:

  • As limited by the FAA and the provisions of these Terms of Use, the arbitrator will have the exclusive power and jurisdiction to (a) make all procedural and substantive decisions concerning the Dispute, including the power to determine the question of arbitrability; and (b) grant all rights and remedies that would have been available to you or CalExotics in a court of law, including the power to permit discovery as would have been available in a court of law; provided, however, that the arbitrator shall not have the power to conduct a class arbitration or representative action, which is prohibited by these Terms of Use as stated above;
  • In making any award, the arbitrator will be subject to the provisions of these Terms of Use, including the “Limitations of Liability” provision above, and will not have jurisdiction to make an award to any party to the arbitration contrary to the Limitations of Liability provision; provided, however, that if the enforceability of any of these restrictions is limited by the applicable substantive law, that restriction will only be enforced to the extent permitted by such law or rules;
  • 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

With the exception that the enforceability of the “Resolution of Disputes” provision above is governed both procedurally and substantively by the AAA, the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between User and CalExotics.

INDEMNITY

User agrees to indemnify and hold harmless CalExotics, including its partners, subsidiaries, and affiliates, and each of their and our directors, officers, managers, agents, contractors, partners, and employees, from any loss, liability, claim, damages, costs, expenses or demand (including reasonable attorneys' fees) arising out of or in connection with the Terms of Use, the Privacy Policy, or the Services. User’s obligation to indemnify includes, but is not limited to, disputes, claims, or lawsuits arising out of or in connection with: (i) User’s acquisition or use of products or services made available through the Services; (ii) any termination or suspension of your right to participate in any awards programs offered by CalExotics; (iii) your access to or use of the Services; or (iv) any violation of these Terms of Use.

WAIVER AND SEVERABILITY

No waiver of these Terms of Use by CalExotics shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of CalExotics to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy and any other agreements incorporated by reference therein, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and CalExotics with respect to the Services.

GENERAL TERMS

CalExotics’ performance of these Terms of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of CalExotics’ right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by CalExotics with respect to such use.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

CONTACTING US

If you have any questions about these Terms of Use, please use the contact information at http://www.calexotics.com to contact us. Although CalExotics will in most circumstances be able to receive your e-mail or other information provided through the Services (including but not limited to account registrations, orders, and other submissions), CalExotics does not guarantee that it will receive all such information timely and accurately, and is shall not be obligated to read, act on, or respond to any such e-mail or other information.