TERMS OF USE
Last updated: 02/01/2019
Cal 7 provides website features, content and other products and services when you visit or shop on www.Cal-7.com website (the “Site”). By using the Site you agree to the following terms and conditions, as well as to the current Cal 7 Privacy Policy and all other disclaimers, terms and conditions that appear anywhere on the Site.
SITE CONTENT
The Site contains information, images, text, customer support information, and other materials that are provided for your convenience and use. The information provided might contain errors, omissions, inaccuracies, or outdated content.
Cal 7 attempts to make Site information as accurate and complete as possible. However, Cal 7 does not warrant that product descriptions or other Site content is always totally accurate, complete, reliable, current, or error-free. If a product offered by Cal 7 is not as described, your sole remedy is to return it in accordance with Cal 7’s Return Policy.
PRICES AND CONTENT SUBJECT TO CHANGE
Prices, product descriptions and all other content on the Site are subject to change at any time without prior notice. As such, we cannot confirm the price of an item until you order. In the event a product price is listed incorrectly for any reason, Cal 7 reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your method of payment has been charged. If your method of payment has already been charged for the purchase and your order is canceled, Cal 7 will immediately refund the amount charged to your method of payment.
SITE POLICIES, SEVERABILITY AND MODIFICATION
Cal 7 reserves the right to make changes to the Site, these Terms of Use, the Cal 7 Privacy Policy and all other disclaimers, terms, and conditions that appear anywhere on the Site at any time. It is your responsibility to review the then-current Terms of Use, Privacy Policy and any other disclaimers, terms and conditions that are applicable to your transaction or use at the time of such transaction or use. If you are dissatisfied with the Site, its content, the Terms of Use, Privacy Policy or any other Site disclaimers, terms and conditions you agree that your sole and exclusive remedy is to discontinue using the Site.
If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY
Please review our Cal 7 Privacy Policy, which also governs your use of the Site.
ELECTRONIC COMMUNICATIONS
When you use the Site or communicate with us electronically via e-mails, text messages, Site forms or other communications from your desktop or mobile device, you consent to receive communications from us electronically via e-mails, texts, mobile push notifications, notifications or messages on this site, or through other Cal 7 services. You may retain copies of these communications for your records. You agree that all disclosures, agreements, notices, policy updates, and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.
COPYRIGHT
All Site content, including but not limited to text, graphics, and forms, is the property of Cal 7 or its content suppliers and is protected by the United States and international copyright laws.
SITE ACCESS AND USE, TERMINATION
As a condition of using the Site, you agree that you will not use the Site or any of its contents for any purpose that is unlawful under applicable law or prohibited by these Terms of Use. You agree you will not use the Site or any of its contents to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Cal 7, its affiliates, or other individuals.
You may not copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any contents, information, products, or services obtained from the Site, for any commercial purpose or enterprise, without limitation.
If you violate any of these Terms of Use, your permission to use the Site is automatically terminated.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER SUBMITTED CONTENT
You may submit reviews, comments, photos, videos, suggestions, ideas, questions, or other information (“Submitted Content”) to the Site.
You agree that in so doing, you represent and warrant that you own or otherwise control all of the rights to the Submitted Content, that your use of the Submitted Content does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Cal 7 for all claims resulting from Submitted Content. You further represent and warrant your Submitted Content does not include any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to third parties, and does not consist of nor contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You further agree that in offering, uploading or sending any Submitted Content to the Site, you grant Cal 7 a perpetual, irrevocable, nonexclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Submitted Content throughout the world in any media. You grant Cal 7 and its sub-licensees the right to use the name that you submit in connection with such Submitted Content at their sole discretion.
Cal 7 reserves the right but has no obligation to monitor, edit and remove any Submitted Content. Cal 7 takes no responsibility and assumes no liability for any Submitted Content, whether submitted by you or any third party.
You may not use a false e-mail address, impersonate any person or entity, or otherwise attempt to disguise or misrepresent the origin of Submitted Content.
YOUR ACCOUNT
If you use any Cal 7 Service, you are responsible for maintaining the confidentiality of your account, username and password, and for securing electronic devices you may use to access the Site. You agree to accept responsibility for all activities that occur under your account or username and password.
If you are under 18, you may use the Cal 7 Services only with the permission and involvement of a parent or legal guardian.
Cal 7 reserves the right to refuse service or terminate accounts at its sole discretion.
COPYRIGHT COMPLAINTS
Cal 7 respects intellectual property rights. If you believe your work has been copied and presented on the Site in a way that constitutes copyright infringement, please submit your report or complaint to PR@cal-7.com.
RISK OF LOSS
All items purchased from Cal 7 are delivered pursuant to a shipment contract. You agree that the risk of loss and title for such items passes to you upon our delivery to the carrier.
RETURNS, REFUNDS AND OWNERSHIP/TITLE
Cal 7 does not take ownership to returned items until the item arrives at our warehouse facility. For more information about Site returns and refunds, please see our Return Policy.
OTHER BUSINESSES
Cal 7 provides links to the sites of affiliated companies and certain other businesses. Cal 7 does not control such linked websites or online resources and is not responsible or liable for the availability, content, advertising, products, or other materials of or on such linked websites or online resources. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk and Cal 7 shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You should carefully review the privacy statements and other conditions of use for any linked site before using that site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CAL 7 SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL 7 SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
CAL 7 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR RELIANCE UPON ANY CAL 7 SERVICE, OR FROM ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL 7 SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CAL 7 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF CAL 7 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL 7 SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CAL 7 SITE IS AT YOUR SOLE RISK.
CAL 7 DOES NOT WARRANT THAT CAL 7 CONTENT, MATERIALS, INFORMATION, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CAL 7 SITE, CAL 7'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CAL 7 ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAL 7 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN A STATE WITH SUCH LAWS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By using the Site or any Cal 7 Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cal 7.
CALIFORNIA RESIDENTS
The Cal 7 website is accessible to you at no cost. If you have a question or complaint regarding Cal 7 services or desire further information on use of Cal 7 services, you may contact us using any of the means listed below:
Phone: 909-923-8050
Mon – Fri, 8:00 a.m. – 4:30 p.m. PST
Cal 7
709 E Cedar St
Ontario, CA 91761
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.