Terms of Use

CALIFORNIA.COM LLC TERMS OF USE

Welcome to California.com! By using California.com or any services provided through the site, you agree to these Terms of Use.

This Agreement contains an agreement to arbitrate all claims.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. You may find a detailed version of our privacy policy, here.

User Content

You grant California.com LLC a license to use the materials you may post to the website or provide to us. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the website or service, you are granting California.com LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of California.com, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that California.com may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website or service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Compliance with Intellectual Property Laws

When accessing the website or using the service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the service and the website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. California.com reserves the right to terminate your receipt, transmission, or other distribution of any such material using the service, and, if applicable, to delete any such material from its servers. California.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Copyright Infringement

California.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website or with the service. California.com has adopted a policy that provides for the immediate suspension and/or termination of any website or service user who is found to have infringed on the rights of California.com or of a third party, or otherwise violated any intellectual property laws or regulations. California.com’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want California.com to delete, edit, or disable the material in question, you must provide California.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit California.com to locate the material; (d) information reasonably sufficient to permit California.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to California.com’s designated agent at:

David Ramirez, VP, Legal

California.com LLC

1820 Bonanza Street

Walnut Creek, CA 94596

(925) 983-2808

david@oneplanetops.com

Alleged Violations

California.com reserves the right to terminate your use of the service and/or the website. To ensure that California.com provides a high-quality experience for you and for other users of the website and the service, you agree that California.com or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the website or the service. California.com does not intend to disclose the existence or occurrence of such an investigation unless required by law, but California.com reserves the right to terminate your account or your access to the website immediately, with or without notice to you, and without liability to you, if California.com believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the website or the service by others.

No Warranties

CALIFORNIA.COM HEREBY DISCLAIMS ALL WARRANTIES. CALIFORNIA.COM IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALIFORNIA.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CALIFORNIA.COM DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limited Liability

CALIFORNIA.COM’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALIFORNIA.COM BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CALIFORNIA.COM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites

California.com has no control over, and no liability for any third-party websites or materials. California.com works with a number of partners and affiliates whose Internet sites may be linked with the website. Because neither California.com nor the website has control over the content and performance of these partner and affiliate sites, California.com makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and California.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that California.com makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Prohibited Uses

California.com imposes certain restrictions on your permissible use of the website and the service. You are prohibited from violating or attempting to violate any security features of the website or service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the service, the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website or service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website or service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by California.com in providing the website or service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify California.com LLC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless California.com, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. California.com will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Copyright

Arbitration

We agree that all disputes arising between us relating to these Terms of Use shall be resolved exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. Arbitration shall be conducted by the American Arbitration Association under its rules and procedures, including the American Arbitration Association’s Supplementary Procedures for Consumer-Related Disputes (as applicable). American Arbitration Association’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available at www.adr.org.

The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding. Claims will be decided in accordance with the laws of the State of California. The arbitrator’s award shall be binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s rules. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the American Arbitration Association along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to the American Arbitration Association. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the American Arbitration Association’s rules.

WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE BOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERONS’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.

Governing Law

Notwithstanding the arbitration above, these Terms of Use shall be construed and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts in Contra Costa County, California in all disputes arising out of or related to the use of the website or service.

Severability; Waiver

If, for whatever reason, an arbitrator or court of competent jurisdiction finds any term in these Terms of Use to be unenforceable, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on this website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by California.com LLC or by any third party.

California Use Only

The website is controlled and operated by California.com LLC from its offices in the State of California. California.com makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the website should not be construed as California.com’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Modifications

California.com LLC may amend these Terms of Use and will post a notice on the site to notify you have any changes or updates. You are responsible for reviewing the Terms of Use periodically. If at any time you do not agree with the Terms of Use unacceptable, you must discontinue your use of the site and any services. YOU AGREE THAT BY USING THIS SITE OR ANY OF ITS SERVICES THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Acknowledgment

By using the service or accessing the website, you acknowledge that you have read these Terms of Use and agree to be bound by them.

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