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TERMS OF USE

Last Updated: 4/27/2017

Welcome to www.gocaliva.com (the “Website”), a website managed and maintained by NC3 Systems, a California mutual benefit corporation doing business Caliva (“Caliva”). Caliva operates the Website as a service to provide online access to information about our Collective and the products and services we provide to our members. If you visit the Website you accept the terms and conditions set forth herein (“Terms of Use”).  Use of the Website is strictly limited to persons 21 years of age or older.

BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THIS SITE.

These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement” and govern your use of this site.

Caliva reserves the right, in its sole discretion, to modify, suspend, or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice. You agree that Caliva shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.

1. Use of the Site

You may use the Website, information, writings, images and/or other data that you experience on the Website, referred to as “Content,” solely for non-commercial, personal purposes and/or to learn about Caliva’s collective and the products and services it provides to its members. This means that you may only view or download Content from the website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. Caliva retains complete title and full intellectual property rights in and for all Content. You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from the site except as expressly permitted by these Terms of Use. Additionally, no right, title or interest in any Content is transferred to you as a result of using the Website.

 

1. Ability to Accept Terms of Use

You affirm that you are at least 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

2. Privacy Policy

Caliva respects your privacy. Please review our Privacy Policy to understand our practices.

3. Copyright

The Website and the Content are protected by U.S. and/or foreign copyright laws, and belong to Caliva or its partners, parents, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by Caliva and/or other copyright owners who have authorized their use on the Website. You may download or reprint Content for non-commercial, non-public, personal use only.

4. Trademarks

You are prohibited from using the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.

5. Links to Third Party Websites

From time to time, the Website may contain links to other websites that are not under the control of Caliva. Caliva has no responsibility for the linked websites or any content or links contained in any third-party website nor does linking constitute an endorsement of any linked website. This information is provided solely as a convenience to you. If you use third party links, you will leave the Website and be subject to the terms of use and privacy policy applicable on those websites. By using the site to link to another website, you agree and understand that you may not make any claim against Caliva for any damages or losses resulting from your use of the Website to link to a third party website.

6. Links from Third Party Websites

Caliva prohibits unauthorized links to the Website and the framing of any information contained on the Website, any portion of the Website, or any of the Website’s Content. Caliva reserves the right to disable any unauthorized links or frames. Caliva has no responsibility or liability for any material on other websites that may contain links to the Website.

7. User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You additionally agree not to use the Website in any way that might interfere with the rights of other users or third parties.

8. User Supplied Information

Your submission of Personal Information or Private Business Information (as defined in our Privacy Policy) through the Website is governed by our “Privacy Policy". This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

If you supply or post any Non-Identifiable Information (as defined in our Privacy Policy) to the Website, you guarantee to Caliva that you have the legal right to post such material and that it does not violate any law or the rights of any person or entity. For any information you do send, post or submit to the Website, you hereby grant Caliva an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the same, and agree that Caliva is free to use any ideas, concepts, know-how or techniques that you send Caliva for any purpose whatsoever without compensation to you or any other person sending such information, and you represent and warrant that you own or otherwise control all of the rights to such information and that public posting and use of your content by Caliva will not infringe or violate the rights of any third party.


9. Disclaimer and Limitation of Warranties

Caliva makes no warranties, representations, or endorsements whatsoever with respect to the Website or the Content, which are supplied without any express or implied warranties. Caliva expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Caliva does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Website and the Content are provided on an “as-is” and “as available” basis. Caliva makes no representation that materials and Content on the Website are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. If you are dissatisfied with the Website, the service, or the Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the site.

Under no circumstances will Caliva, its parents, partners, affiliated companies, business partners, licensors, employees, agents, or any third-party information providers be liable to you for any direct, indirect, consequential, punitive, special, exemplary, incidental or other damages, whether in contract, tort or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use the Website or arising out of the Website’s Content or any errors or omissions in the Content, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Caliva is expressly advised of the possibility of such damages. Caliva does not warrant that the functions performed by the Website will be uninterrupted, secure, timely, or error-free, or that defects in the Website will be corrected. Caliva does not warrant that this site, its servers, or email sent from Caliva are free of viruses or other harmful components.

 

Caliva disclaims any and all warranties, express or implied, for any products or services offered on the Website, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This disclaimer does not apply to any product warranty offered by the product’s manufacturer.

Under no circumstances will Caliva, its parents, partners, affiliated companies, business partners, licensors, employees, agents, or any third-party information providers be liable to you for any direct, indirect, consequential, punitive, special, exemplary, incidental or other damages, whether in contract, tort or otherwise, including negligence, arising in any way from any product or service sold or provided through the Website, even if Caliva is expressly advised of the possibility of such damages. Your exclusive remedy for product claims (including breach of warranty, negligence, and strict liability) is limited to having the option of replacement or repayment of the purchase price paid for the products that are the subject of the claim.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In such cases, Caliva’ liability will be limited to the fullest extent permitted by applicable law, but shall, in no event, exceed $100.00.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend, and hold Caliva, its parents, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers harmless from and against any and all claims, damages (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), costs and expenses (including attorney’s fees), resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of this Agreement.

11. Governing Law

The Website is administered by Caliva from its offices in California. User access to the Website is governed by all applicable federal, state and local laws. By visiting the Website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Caliva.

12. Changes

From time to time, Caliva may revise these Terms of Use.  To stay current of any changes to these Terms of Use, please check back frequently. Caliva notes the date the Terms of Use was last updated.  Your use of the Website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  Caliva strongly recommends checking Terms of Use periodically.  If, and only if, Caliva makes revisions to the Terms of Use that result in a material lessening of the restrictions on Caliva’s use or disclosure of your Personal Information, Caliva will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.

13. Miscellaneous

Caliva’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.