THE FOLLOWING PAGE OUTLINES THE CALIFORNIA INNOVATIONS INC. TERMS AND CONDITIONS OF USE
By using this Site and/ or purchasing something from us, you agree that you have read and understood these Terms and Conditions of Use (“Terms”); agree to be bound by them, and that you will comply with all laws and regulations governing use of this Site. If you do not agree to these terms, please do not use this Site.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
This site is operated from Toronto, Ontario, Canada. We make no representation that the Content on this Site is appropriate or available in other countries beyond the U.S. and Canada. If you access this Site from other locations you are responsible for compliance with local laws.
Any claim relating to this Site or your use of it is governed by and interpreted under the laws of the Province of Ontario, without reference to its conflict of laws principles. Any dispute relating to this Site or your use of it will be brought in, and you hereby consent to exclusive jurisdiction and venue, in the courts sitting in Toronto, Ontario.
We reserve the right to make changes to this Site and to these terms at any time. Any change will be prospective only, unless retroactive effect is legally required. Your continued use of this Site will mean your acceptance of any new or changed terms. We reserve the right to deny, in our sole discretion, any user access to the Site without notice.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
DESCRIPTION OF SERVICES
We may provide you with access to information about our products and services, and related resources, including links to retailers that sell our products; nutritional and health information; recipes, games, sweepstakes and contests, including download areas and communication forums; and other information (collectively “Services”).
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store or within our online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We 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. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
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.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such 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 optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
FEES CHARGED BY THIRD PARTY SITES
We may provide links to other websites, some of which may charge fees. Any charges you incur in your dealings with these third parties are your responsibility.
Any Software that is downloadable or accessed from the Site is the copyrighted work of California Innovations or our licensors. You may not install or use any Software, unless you agree to the applicable License Agreement. Any use of Software not in accordance with the License Agreement(s) is prohibited by law and may result in civil and criminal penalties.
Software Licenses Any Software that is downloadable or accessed from the Site is the copyrighted work of CI or our licensors. You may not install or use any Software, unless you agree to the applicable License Agreement. Any use of Software not in accordance with the License Agreement(s) is prohibited by law and may result in civil and criminal penalties.
CONTENT AND CONTENT
By “Content,” we mean the Software, communications, images, sounds, and all the content and information made available from the Site or Services, whether owned and provided by us and our licensors or posted by users of the Services like you.
We do not attempt to monitor or prescreen all of the Content. If you encounter Content you find objectionable, you can report it to us. We do not endorse any Content that you or other third parties communicate on the Site. We do not assume any responsibility or liability for Content that is generated by users of the Site. We do not control the quality, accuracy or content of any translated versions of the Site. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
You acknowledge and agree that we may use built-in tracking features to obtain information about your use of the Site and Services, and you agree that this information is deemed Content. We reserve the right at all times to disclose any Content to satisfy any applicable law, regulation, legal process or governmental request.
We hereby grant you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for non-commercial and personal use only, one copy of any Content that you are expressly authorized to download from this Site, (collectively the “Downloaded Content”); provided you maintain all copyright and other proprietary notices in or associated with the Downloaded Content. The Downloaded Content is provided on an “AS IS” basis without warranty of any kind and is subject to the disclaimers and limitations of liability below.
You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. We reserve the right to revoke this limited use license at any time, without notice, for any reason, and in our sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by us in any manner. You may not use Downloaded Content on any Site that features defamatory, pornographic, or inflammatory content.
If you post any data to our Site, including recipes or photographs (the “Posting”), you hereby agree that: (a) you specifically authorize California Innovations Inc. to use, store, distribute or re-format such Posting or any portion thereof, throughout the world, in perpetuity, in or on any and all media without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the Posting, (c) promise that any photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the Posting or have all rights necessary to authorize its unfettered use and distribution, and (e) promise that you are eighteen (18) years of age or older. You understand that, once your Posting, including recipes or photographs are posted, anyone can download or distribute that Posting. (f) You understand that your content (not including credit card information), may be transferred unencrypted and involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, 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.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains 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 (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.
RESTRICTIONS AND CONDITIONS OF USE
You will not use the Services for any purpose that is unlawful or prohibited in these Terms or the Software License Agreements. You may not use the Services in any manner that could damage or impair any California Innovations server, or the network(s) connected to any California Innovations server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any California Innovations server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content or information through any means not intentionally made available through the Services.
Statements made in forums reflect only the views of their authors. We specifically disclaim any liability with regard to the forums and any actions resulting from your participation therein. Moderators and hosts of such Communications Services may not be authorized California Innovations spokespersons, and their views do not necessarily reflect those of California Innovations.
You acknowledge and agree that your communications with other users via the forums are public and not private communications and you have no expectation of privacy concerning your use of the forums. You acknowledge that personal information you communicate may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the forums. We are not responsible for information that you choose to communicate to other users via the forums, or for the actions of other users.
CODE OF CONDUCT
You agree that you may not access or use the Site or Services in order to:
- Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, transmit, distribute or disseminate Content that are harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
- Use, upload, transmit, distribute or otherwise make available any Content or Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computer.
- Except as expressly authorized by California Innovations, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
- Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited.
- Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited e-mails.
- Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
- Impersonate or create a false identity (such as a celebrity or California Innovations) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Attempt to get a password, other Account information, or other private information from a member or any other user of such Services.
- Improperly use support or complaint buttons or make false reports to California Innovations administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements.
- Use the Site or Services (including bulletin boards or other Communications Services) in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Site, Services or Software to resell or make any commercial use of the Site, Services or Software, or otherwise commercially exploit the same, without our prior express written consent.
- Use the Services for fraudulent transactions or other commercial transactions prohibited by these Terms or applicable License Agreement or in any manner that is harmful or disruptive to California Innovations, the Site, our licensees or other users.
The Site and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted Content, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and applets incorporated into the Software and character data). The entire contents of the Site and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. California Innovations Inc. (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that California Innovaitons Inc. or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Site and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
We respect the intellectual property of others and expect users of the Site and Services to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you believe that any use of the Site or Services constitutes copyright infringement, please send a notice to California Innovations, Inc. at 36 Dufflaw Road, Toronto, Ontario M6A 2W1, Canada. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and e-mail address); (e) a statement that you have a “good faith belief” that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.
WARRANTIES, DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY
We warrant the Site, Services, Software, and Content on an “AS-IS” and “AS-AVAILABLE” basis for your use, without express or implied warranties or conditions of any kind.
We warrant that we provide the Site and Services on a commercially reasonable basis. We do not warrant that you will be able to access or use the Site and Services at all times or locations of your choosing, or that we will have adequate capacity for the Site and Services as a whole or in any specific geographic area at all times or any time. We do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Site or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from.
We do not warrant the scientific, nutritional, health, medical or educational accuracy or completeness of the information presented or found on the Site, Services, Content or Links to the Site. None of the information is intended to be professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, nutritionist or other qualified health and wellness professional with any questions you may have regarding any medical concerns or conditions. Reliance on the Content or any other information provided by California Innovations or any of its employees, agents, promotional partners, organizations or individuals or others providing Content on the Site is solely at your own risk.
In no case shall California Innovations, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU FROM DELAYS, ERRORS, SYSTEM DOWN TIME OR SERVICE INTERRUPTIONS CAUSED BY US OR BY YOUR OR ANY OTHER USER’S ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT OR USE OF THE SITE, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA OR USE, PRODUCT LIABILITY, PERSONAL INJURY OR DEATH, WHETHER IN AN ACTION OF CONTRACT, NEGLIEGENCE OR OTHER TORTIOUS ACTION RESULTING FROM THE USE OF THIS SITE OR ARISING OUT OF THE USE OF OR RELIANCE ON THE CONTENT AND SERVICES AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER CI OR AN AUTHORIZED CI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIRD PARTY SITE
THE LINKED SITES ARE NOT UNDER OUR CONTROL AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. WE ARE NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. WE ARE NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE MAKE NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
You agree to indemnify, defend and hold harmless California Innovations Inc., subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ORDER OF PRECEDENCE
The Services are subject to these Terms and any license agreements, codes of conduct or rules regarding a Service and any software and content (as described below). If there is any conflict between these Terms and the License Agreement for a Service, Software or Content we will resolve the conflict in our sole discretion.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 of Service and any policies or operating rules posted by us on this site 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 of Service shall not be construed against the drafting party.
The parties hereto have requested that these Terms and all correspondence and all documentation relating to these Terms be written in the English language.
COPYRIGHT AND TRADEMARK NOTICES
All Content, design and layout of the Site: Copyright © California Innovations Inc. 2018, 36 Dufflaw Road, Toronto, Ontario M6A 2W1, Canada. All rights reserved.
California Innovations® is a registered trademark of California Innovations, Inc. in the U.S., Canada, Japan, Australia, and the EU. All trademarks or trade names are the property of their respective owners.