TERMS OF SERVICE
Last Modified March 1 , 2019
Welcome to our website located at californiadesignden.com (the “Website”) which is made available by California Design Den located at 3150 Crow Canyon Place, Suite 130, San Ramon, CA, 94583, United States of America. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
SECTION 1 - OVERVIEW AND ACCEPTANCE OF TERMS
These Terms of Service (the “Terms,” or “Agreement”) are between you and California Design Den (“California Design Den,” “we,” “us,” and “our”) and describe the terms and conditions that govern your use of our Website and related goods and services (the “Service”).
By visiting our Website or by using our Service, including, but not limited to making a purchase, you agree to be bound by the following Terms including those additional terms included herein by reference. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
1.1 Modification Of Terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. You may view the most current version of the Terms of Service at any time by visiting this webpage. It is your responsibility to check our Website periodically for changes and we encourage you to review these Terms regularly.
Unless stated otherwise, any changes or modifications to the Terms will be effective immediately upon posting the revisions to the Website. Your continued use of the Website or the Services means that you accept all modified Terms. If material changes to these Terms are made, we will notify you by posting a notice on the Website, posting an updated version of these Terms, or by sending you notice by email.
SECTION 2 - USE OF SERVICES
2.1 Age Restriction
By agreeing to these Terms, you represent that you are at least 18 years or older, or that you are the age of majority in your state or province of residence.
2.2 Account Registration
To use certain services you must register for a user account (the “Account”) through the Website. To be eligible for an Account, you must: (1) be at least 18 years of age at time that you register; (3) have an active, valid e-mail address; and (4) provide certain information about yourself as prompted through the registration process.
By registering for an Account and using the Website, you consent to receiving electronic communications from California Design Den relating to your Account. Your Account will remain active unless and until you choose to inactivate or cancel it, or unless we terminate it.
2.3 User Responsibilities
When you register or provide any information in connection with your Account, you agree to provide accurate, current, and complete information, and to promptly update this information to maintain its accuracy. You further agree that you will not provide any false personal information or create an Account for anyone other than yourself without California Design Den’s express prior written consent.
You are responsible for maintaining the confidentiality of any login information associated with your Account, including any password or username, and you are responsible for all activities that occur under your login information and Account. You agree to use “strong” passwords (meaning passwords that use a combination of lower case and upper case letters, numbers and symbols) in connection with your Account. You further agree to immediately notify California Design Den if you suspect any unauthorized use of your login information, Account, or any other breach of security.
2.4 Communications From Us
You acknowledge and agree that California Design Den services are unique to you and you may not assign or otherwise transfer your Account to any other person or entity.
2.6 Modification Or Discontinuation Of Services
California Design Den reserves the right to modify or discontinue, temporarily or permanently, the Website or its services, or any features or portions thereof without prior notice. As an example, prices of our products are subject to change without notice to you. You agree that California Design Den will not be liable to you, or any third party, for any modification, price change, suspension or discontinuance of the Website, service or any part thereof.
SECTION 3 – ORDERS AND BILLING
3.1 Product Availability and Accuracy
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We make a reasonable effort to display the accurate colors and images of our products online, however, we cannot guarantee that your computer monitor’s display of color will be accurate and we are not responsible for variances in colors or shades attributable to your monitor settings.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
While we endeavor to keep our Website up to date, the information made available on this Website is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting California Design Den or any relevant third party for more accurate, complete, or timely information. You acknowledge that any reliance on the information or material provided on this Website is at your own risk.
Please note that our Website may contain certain historical information which is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website and to contact us with any questions.
We reserve the right to refuse service to anyone for any reason at any time. We further reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3.3 Accuracy of Billing Information
You agree to provide current, complete and accurate information for all purchases made via our Website. You agree to promptly update your Account and any other information necessary to complete your transaction.
3.3 Return Policy
Returns are subject to our Return Policy which is available at: https://www.californiadesignden.com/pg/shipping-and-returns. In our sole and absolute discretion, at any time and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (a “Credit”) if we believe it is warranted. Providing a Credit in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide any Credits in the future, under any circumstance. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3.2 Payment Card Services
We use the services of Shopify Inc. (“Shopify”), which is a third party service that facilitates payments made through the Website. These payment processing services are provided by Shopify and are subject to the Shopify Terms of Service agreement. For more information about the Shopify Terms of Service agreement, please visit: https://www.shopify.com/legal/terms
By agreeing to these Terms and using the Shopify payment services available through California Design Den’s Website, you agree to be bound by the Shopify Terms of Service agreement and any modifications which may be made by Shopify. You further agree that you will provide California Design Den accurate and complete information about you and you authorize California Design Den to share it and the transaction information related to your use of the payment processing services provided by Shopify. We assume no liability or responsibility for any payments you may make through this service.
SECTION 4 - ERRORS, INACCURACIES AND OMISSIONS
You understand and acknowledge that on occasion information on our Website or part of our Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice to you (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 5 – THIRD PARTY TOOLS
For your convenience we may provide you with access to third-party tools (“Third Party Tools”) which you may choose not to use. We do not monitor Third Party Tools or have any control or input over them. You acknowledge and agree that we provide access to Third Party Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third Party Tools.
You understand and acknowledge that your use of Third Party Tools offered through the Website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which any Third Party Tools are provided by the relevant third-party provider(s).
Any new services, features, or Third Party Tools offered via the Website shall also be subject to these Terms of Service.
SECTION 6 – LINKS TO EXTERNAL SITES
For your convenience, we may provide links to other third party websites or destinations (“Third Party Sites”). You should not infer or assume that California Design Den operates, controls, or is otherwise connected with these other Third Party Sites. These Terms do not govern your use of any other website or destination and we will not warn you that you have left the California Design Den Website. When you click on a link within the Website and are redirected to a Third Party Site, you will be subject to the terms and conditions of that other website or destination. We encourage you to read the terms of service of any other Third Party Site that you visit before you provide any personal information. Any questions, concerns, complaints or claims regarding Third Party Sites should be directed to the third party responsible for the Third Party Site.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We welcome your feedback, however, you agree that California Design Den is free to use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to us (“Feedback”), worldwide and in perpetuity without acknowledgement, compensation, or payment to you.
By submitting or sending Submitted Materials to us, you agree that your Submitted Materials will not violate any right of any third-party, including Payments, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - PROHIBITED USES
To protect our Website and site visitors from Prohibited Activities, as described below, we reserve the right, but are not obligated, to take appropriate actions, including but not limited to, by editing or removing content that in our sole discretion is unlawful or violates these Terms, or by restricting or terminating the Account of a user who in our sole and absolute judgment violates any of these Terms. To protect the integrity of the Website, we reserve the right to block users from certain IP addresses from accessing the Website.
To keep the Website safe and accessible, you agree that you will not use the Website or your Account to harm California Design Den or anyone else, interfere with the Website, or use the Website in a manner that violates the law (“Prohibited Activities”). Without limiting the foregoing, you shall not:
• Encourage or facilitate any violation of these Terms.
• Violate any international, federal, provincial or state regulations, rules, laws, or local ordinance.
• Engage in any unlawful, misleading, malicious, or discriminatory activity.
• Post, send, or otherwise communicate content that is harassing, intimidating, bullying, unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, threatening, contains nudity, is hate speech, or incites violence.
• Create a false identity or Account for the purpose of misleading others.
• Attempt to register for a new Account if we have terminated your Account.
• Post or make available content that infringes any copyright, trademark, trade secret, patent, or other intellectual or proprietary right of California Design Den or any third party.
• Harvest, scrape, spider, crawl, or otherwise collect, store, or manipulate any information from the Website, including the personal information of other users without the express prior written consent of such users and of California Design Den.
• Solicit, collect, transmit, store, or disclose any personal information of any third party.
• Use the Website to phish, send spam, direct marketing communications, or any other unsolicited advertising or promotional materials.
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is part of the Website.
• Interfere with or circumvent the security features of the Service, our Website or any related website.
• Upload or transmit any software, material, malware, or communication that is harmful to our users’ computers, devices or systems, or that contains a virus.
• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or otherwise misuse or misappropriate any content of the Website, including but not limiting to, using it in whole or in part, on any “mirrored,” competitive, or other site.
SECTION 10 – INTELLECTUAL PROPERTY
The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Website, or on content available through the Website, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. Nothing contained on the Website grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Website without our written permission or that of the third party rights holder.
The content contained in and related to the Website is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Website are owned, as between the Parties, solely and exclusively by California Design Den, to the full extent permitted, and are protected, under the United States Copyright Act, international copyright laws, and all other applicable laws. Except as otherwise explicitly permitted in these Terms, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit or in any way use or exploit any California Design Den content on the Website without California Design Den’s express prior written consent.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
California Design Den is not responsible for the conduct, whether online or offline, of any user of the Website. We do not control or vet user generated content for accuracy nor do we assume any responsibility for the accuracy or reliability of any information provided by users whether on the Website or offline. California Design Den does not assume and expressly disclaims any liability that may result from the use of information that may be provided through California Design Den’s Website. You hereby expressly agree not to hold California Design Den, or its members, officers, directors, shareholders, employees, or other affiliates (collectively the “Company Parties”) liable for the actions or inactions of any California Design Den Party or other third party for any information, instruction, advice, or services which originated through California Design Den’s Website, and the California Design Den Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
You accept full responsibility for your own safety and YOU EXPRESSLY ASSUME ALL RISK OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, WHETHER FORESEEN OR UNFORESEEN, which you may sustain as a result of your use of the California Design Den Website, including damage or loss resulting from the negligence of California Design Den or its employees or authorized agents. You understand and have been advised that you may have rights under CALIFORNIA CIVIL CODE SECTION 1542 which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” YOU EXPRESSLY WAIVE ANY RIGHTS CONFERRED UNDER THIS CODE SECTION and agree that this Agreement shall apply to all unknown or unanticipated risks associated with the Website as well as known or anticipated risks.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, THE CALIFORNIA DESIGN DEN WEBSITE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALTIES ASSOCIATED WITH THE WEBSITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CALIFORNIA DESIGN DEN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ERROR-FREE OR RELIABLE. YOU AGREE THAT CALIFORNIA DESIGN DEN IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 12 - INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CALIFORNIA DESIGN DEN OR ANY OF ITS AFFILIATESW, AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS EMPLOYEES, OR AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, VIOLATION OF ANY LAW, VIOLATION OF THE RIGHTS OF A THIRD PARTY, OR YOUR USE OF THE WEBSITE (INCLUDING OUR USE OF YOUR CONTENT). CALIFORNIA DESIGN DEN RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
SECTION 13 - THIRD PARTY BENEFICIARY
These Terms specifically are not intended to constitute a third party beneficiary contract and therefore shall not be construed to be for the benefit of any person or entity not a Party hereto, and no such person or entity shall have any claim or right of action under this Agreement.
SECTION 14 - INDEPENDENT CONTRACTORS
You and California Design Den (each a “Party”, together, the “Parties”) agree that each Party are independent contractors to the other Party in connection with its use of the Website and in its performance of its obligations under these Terms. Neither Party will be entitled to, or will attempt to, create or assume any obligation, express or implied, on behalf of the other Party. These Terms will not be interpreted or construed to create an association, joint venture, partnership, or franchise between the Parties or to impose any partnership obligation or similar liability arising therefrom upon either Party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.
SECTION 16 – TERMINATION
In our sole and absolute discretion, California Design Den may discontinue or prohibit use of the Website or may restrict, suspend, or terminate the Account associated with any user or site visitor who violates any provision of these Terms, or who interferes with the operation of the Website. Such prohibition, discontinuation, restriction, suspension or termination may occur with or without notice to you. If we disable or terminate your Account, you agree not to create another Account without California Design Den’s permission and you acknowledge that you will remain liable for all amounts due up to and including the date of termination. California Design Den also reserves the right to seek all remedies available at law and in equity for violation of these Terms.
If you believe another user is violating any of these Terms, please notify California Design Den. We reserve the right to investigate any user suspected of violating these Terms and may gather information about that user and/or the complaining party, if any, and examine any material in the Website. In addition to the foregoing investigation rights, you hereby expressly authorize California Design Den to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party to enforce these Terms or comply with any applicable law. Such cooperation may include provision of your username, IP address, or other identifying information.
Upon suspension, termination, or discontinuation of your Account or access to the Website, the following provisions of these Terms will survive: 7, 9, 10, 11, 12, 15, 18, 19.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States of America, notwithstanding any conflict of law rules. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE COURTS IN OR FOR CONTRA COSTA COUNTY, CALIFORNIA, AND FEDERAL DISTRICT COURT IN THE NORTHERN DISTRICT OF CALIFORNIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES ARISING UNDER THIS AGREEMENT.
SECTION 19 - MISCELLANEOUS
SECTION 20 - CONTACT US
If you need assistance or have questions about the Website or your Account, you may contact us by email or postal mail at:
Email: [email protected]
California Design Den
3150 Crow Canyon Place, Suite 130
San Ramon, California 84583
You acknowledge that by contacting us we may send you a communication related to your request.