Effective Date: May 25, 2018
The terms “we,” “us,” and “our” refer to California Car Cover. The term the “Site” refers to the California Car Cover website. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
California Car Cover offers premium car care products available for purchase on our website.
Use of all online services provided by California Car Cover, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. California Car Cover reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and product information are subject to change. California Car Cover makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. California Car Cover disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
CUSTOMER ACCOUNT CREATION
If you purchase a product from our website, you will be given the option to create your own customer account and will be asked to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any account information you give to California Car Cover will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in purchasing any products, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
ORDER ACCEPTANCE AND SUBMISSIONS
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. California Car Cover Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. California Car Cover Company reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. California Car Cover Company may require additional verifications or information before accepting any order.
By submitting your creative ideas, inventions, suggestions or materials (your "submission") you grant California Car Cover Company a royalty-free, perpetual and irrevocable, license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice or compensation to you.
International orders may be subject to tariffs, taxes, and regulations. California Car Cover Company is not responsible for shipping delays or any additional fees for international orders.
We attempt to describe and display all products as accurately as possible. While we try to be as clear as possible in explaining the products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of California Car Cover Company or its suppliers and protected by U.S. and international copyright laws. All trademarks, service marks, and trade names are proprietary to California Car Cover Company. All other trademarks not owned by California Car Cover Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by California Car Cover Company. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All software used on this site is the property California Car Cover Company or its software suppliers and protected by U.S. and international copyright laws and may not be reproduced, modified, distributed, transmitted, or republished.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part, without our prior written consent.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
THIRD PARTY RESOURCES
The Site and may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with California Car Cover. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and California Car Cover pertaining to the Site and and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by California Car Cover shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by California Car Cover.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
California Car Cover
9525 De Soto Ave.
Chatsworth, CA 91311
LIMITATION OF LIABILITY AND DISCLAIMER
The California Car Cover Company web site (www.calcarcover.com) and the materials therein are provided "AS IS". California Car Cover Company makes no representations or warranties, either express or implied, of any kind with respect to the operation, contents, information, or materials contained therein. You agree that California Car Cover Company, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the California Car Cover Company website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
California Car Cover Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, California Car Cover Company shall immediately issue a credit to your credit card account in the amount of the incorrect price.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
You agree that any legal action brought against California Car Cover Company shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on California Car Cover Company shall be an appropriate federal or state court located in Ventura County in the State of California.
California Car Cover Company reserves the right to make changes to this site and these terms and conditions at any time.