This Agreement contains an agreement to arbitrate all claims.
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.
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
1820 Bonanza Street
Walnut Creek, CA 94596
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.
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.
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.
All contents of website or service are: Copyright © California.com LLC, 1820 Bonanza Street, Walnut Creek, California 94596 All rights reserved.
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.
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.