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TERMS OF USE

Thanks for visiting California Contour website! Please review the following basic terms that govern the use of the site and the purchasing of products from our site. By using California Contour’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.

CONTENT

All of the content on California Contour’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by California Contour, LLC. and its subsidiaries and affiliates (“California Contour”).

Contents of the California Contour’s site is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or use any materials present on this site without prior written consent.California Contour retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site. Be aware that California Contour’s will proactively enforce all these intellectual property rights in the content.  

LINKING

California Contour does not control any third party websites and is not responsible for any damages you may suffer from using such third party sites which link to our site.

REVISIONS

California Contour may, from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.

FEEDBACK

Any material, written or otherwise submitted by any user of the website shall be and remain the property of California Contour. California Contour is under no obligation to pay for or respond to any such comments or feedback provided by users.

MATTER YOU MAY SUBMIT TO THE COMPANY

From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.

The Company has no obligation to monitor any forums on or outside of our domain. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with any message or communication faculty are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board or communication conduits and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.  

DISCLAIMER

This site, its content, and any associated services are provided by California Contour, LLC. (“California Contour”) on an “as is” and “as available” basis. California Contour makes no representations or warranties of any kind, express or implied, as to the operation of this site, to the information, content, materials or products included on this site, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, California Contour disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, California Contour makes no representations or warranties that this site and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this site satisfy government regulations regarding the disclosure of information related to certain products. California Contour is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this site.

By using the California Contour site, you acknowledge that your use of the site, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this site, and any associated services is solely at your own risk. California Contour does not warrant or guarantee that its site, servers or e-mails sent by or on behalf of California Contour are free of viruses, worms or other harmful components. Further, California Contour does not guarantee the continuous, uninterrupted and error-free operation of its site, nor that all communications between you and California Contour, or between you and any other user of the site, will be secure from access or interference by third parties.

California Contour will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this site or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if California Contour has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, California Contour will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this site, or from your downloading of any materials from this site, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on California Contour’s computers and/or servers. In no event shall the aggregate liability of California Contour, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of this site exceed the lesser of $5, or the total amount you paid to California Contour.

Certain state or local 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 limitation may not apply to you, and you may have additional rights.

CONTROLLING LAW

This site is controlled and operated by California Contour since its omnipresent headquarters in Shingle Springs, California. These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in El Dorado County, California.

PRIVACY POLICY

A personal information that you provide to California Contour is used for the purpose of receiving communications from California Contour, LLC. or any other company now or later (collectively “Us” “We” or “Our”), for personalizing and enhancing your web experience with us, and maybe shared among Us. California Contour’s privacy policy is outlined below and tells you how We collect personal information, what information We collect, how we use it, to whom We will disclose it and how you can access, change and remove your information.

HOW WE COLLECT THE INFORMATION

There are many ways that We obtain information from you: (1) via signup on any California Contour’s website(s); (2) from an online, email, retail, fax or telephone purchase; (3) from navigational information about where visitors go on our website; (4) when you enter an California Contour sweepstakes/giveaway; (5) anytime you submit a business reply, product, or warranty card; (6) when you sign up at an California Contour Online Store; (7) upon contacting customer service to request California Contour communications; (8) upon signing up at an event.

THE INFORMATION WE COLLECT

When you register on-line to receive our product information, you will need to provide us with your name, address and e-mail address. When you make a purchase through California Contour’s website, you also will need to give us your telephone number and credit card number so We can process your payment and contact you in the event of any problems with delivery. When you order through California Contour’s website, we collect your name, billing address, shipping address, email address, phone number(s) and credit card number (with expiration date) or gift card number.

If you contact our customer service department, you may need to provide us with additional information so that we can respond to your questions or concerns as completely and thoroughly as possible.

We also may collect additional non-personally identifiable information (for example, browser version, IP address) which will provide information regarding the general use of our website. The navigational information allows us to see which areas of our website are most visited and helps us improve the quality of your online experience by recognizing and delivering more of the most desired features and services.

HOW WE USE THE INFORMATION

This website is exclusively directed to individuals residing in the United States and by providing your personal information you confirm to reside in the United States. As such, all personal information that we obtain about you will be recorded, used and protected by us in accordance with current United States data protection legislation and thisprivacy policy. By providing us with your personal information, you consent to us processing this personal information in one or more of the ways described in this privacy policy.

We will primarily use your personal information to provide products and services to you, for example:

  • To process and fulfill your order, including to send you emails to confirm your order status and shipment, and other related emails
  • To administer a contest, promotion, survey or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
  • To send you information/materials via e-mail or mail about products, offers and news We think could interest you. This information may relate to products, services, offers and news of California Contour products or any other products and services by any company affiliated with Us.
  • To analyze visits to the website and learn about the interests of our visitors as well as visitor’s physical features in the aggregate so we can improve Our products and services and deliver the best user experience.

The information obtained during an online purchase is utilized to improve your web experience by enabling you to obtain a faster checkout for purchases and/or opt-in to receive e-mails, which provide you with the latest and greatest information regarding Our other products and services.

You may, upon placement of an order, opt to allow us to save the information for a speedier checkout process the next time. Your payment information is then stored only for the purposes of faster checkout and is not used for any other purpose.

COOKIES

Cookies are only used by us to allow you to use our web site in the most efficient manner. Cookies allow you to place an order on our website and allow us to enhance and personalize your online surfing and shopping experience. For example, we use cookies to:

  • Remember the items in your shopping basket
  • Recognize you when you return to our website
  • Analyze visitor behavior

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser settings. Please note, however, that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.

We also work with other companies who use tracking technologies, including web beacons, to serve ads on our behalf across the internet. These companies may collect non-personally identifiable information about your visit to our websites about your interaction with our communications, including advertising and e-mails. If you object to web beacons, we recommend that you follow the instructions for deleting existing cookies and disabling future cookies. We will still know how many of our e-mails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access device but we will not identify you as an individual.

SHARING INFORMATION WITH THIRD PARTIES

We will never sell any information about you to anyone.

We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. We may need to share personal information with these third parties so that they can perform these services, however, we limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services.

In proceeding with your online order, you agree that both your name and address and those of the delivery name and address (if different) will be checked using third parties such as credit agencies. If you are providing a delivery name and address which is not your own you must have that person’s permission to give us their personal information and for us to use it for the purposes specified. By providing it you are saying you have their permission.

We share aggregated demographic information about our user base with our agents, including agencies or third party vendors so that they can provide marketing analysis and consult on advertising strategies. This information does not identify individual users. We also may share non-personal information, such as the number of users who visited the website during a specific time period or who purchased a specific product through the website, with our marketing partners, advertisers and others from time to time. This information generally is shared in an aggregated form.

We may release personal information if we believe in good faith that: the law or legal process requires it; if We have been advised by counsel; We have received a valid administrative request from a law enforcement agency; or such release is necessary to protect the rights, property or safety of California Contour, or any of our respective affiliates, business partners, customers or others.

As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, sale of all or a portion of our assets or buying online stores or other assets. In such transactions, information about customers will likely be transferred. You will be notified via a prominent notice on our site for 30 days of any such change in ownership or control of your personal information. You will be deemed to have consented to the transfer of your personally identifiable information to any such successor entity unless you notify us via email to the contrary within the 30 day period.

Personal information submitted to or collected through this website may be stored and/or processed in the United States or abroad, United Kingdom, Italy or Canada for the purposes described in this privacy policy. By using California Contour products and services (including Our website), you consent to any such transfer of information outside of your country.

We do not share, sell or rent to other third parties any personal information that you provide to us, except with your consent or as described in this Privacy Policy.

E-MAIL OPT-OUT/UNSUBSCRIBE

We have a company policy not to flood people with e-mail correspondence, but simply to give you periodic information so you can stay up to date on what we are offering.

You can easily unsubscribe at any time you want by emailing info@californiacontour.com with subject line “unsubscribe”.  We also use your e-mail address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make on-line. All e-mails you receive will provide you with information as to how to get off the e-mail mailing list if you so desire.

DIRECT MAIL

If you would like to update your mailing information or want your name and address removed from Our direct mailing list emailing info@californiacontour.com with subject line “remove from mailing list”.

 CHILDREN’S PRIVACY

If you are under 14, you should surf California Contour.com only with involvement of a parent or guardian. Although We do not specifically direct Our websites, catalogs or e-mails to children, We strive to provide children with as much customer service as possible without violating their privacy rights. For their protection, We ask that anyone under 14 years of age not attempt to register with California Contour or otherwise provide California Contour with any personal information without the consent of a parent or legal guardian.

ACCESS TO YOUR PERSONAL INFORMATION

We will provide you with access to the personal information you provided to us by allowing you to view, update or correct your information. In order to protect your privacy, we take steps to verify your identity before granting you access to the private information or enabling you to make corrections. We will accomplish this through the use of passwords and personal data.

If you want to find out what personal information we hold about you, please contact our customer service department at info@californiacontour.com. We may charge you a small fee for providing this information.