TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS GOVERN ALL USE OF THE CALDREA WEBSITE, INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE CALDREA.COM AND POSTING COMMENTS AND REVIEWS ON THE CALDREA.COM. BY USING CALDREA.COM, YOU AGREE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE CALDREA.COM AND THE PURCHASE OF CALDREA'S PRODUCTS, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO CALDREA'S PRODUCTS. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND CALDREA'S HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
1. CUSTOMERS. All Caldrea Company (Caldrea) customers must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.
2. ACCESS. You will choose a username (email address) and password to use in establishing and accessing a Caldrea customer account. Your account will allow you to purchase products from Caldrea and to post comments and reviews on CALDREA.COM. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform Caldrea of any actual or suspected unauthorized use.
3. SECURITY. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the CALDREA.com or of the networks connected to CALDREA.com, and to abide by all security policies adopted by Caldrea. You acknowledge and agree that, for security purposes, Caldrea may monitor your account and your access to and use of CALDREA.com. Caldrea may at any time terminate or suspend your access to CALDREA.com as Caldrea considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Caldrea may also impose limits on certain features and functions of CALDREA.com, or restrict your access to CALDREA.com without notice or liability.
4. CUSTOMER CONTENT. You may post comments and reviews on CALDREA.com (Customer Content), subject to the rules established by Caldrea, as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal. Your Customer Content must not violate, plagiarize or infringe the rights of others, and you will indemnify Caldrea and hold Caldrea harmless from all losses, claims, damages and expenses arising from your Customer Content.
You grant Caldrea a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display and distribute your Customer Content, modified versions of your Customer Content and derivative works based upon your Customer Content. Caldrea may, but is not obligated to review Customer Content prior to, or at any time after the Customer Content is first displayed by Caldrea. Caldrea may refuse to display, and may at any time cease the display of any Customer Content. No display of any Customer Content is a waiver of Caldrea's right to cease the display of that Customer Content. Caldrea's right to review, refuse and cease the display of Customer Content is not an assumption by Caldrea of any responsibility for Customer Content.
5. THIRD PARTY WEBSITES. Caldrea might provide links to websites operated by others. If you use those websites, you will leave CALDREA.com. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Caldrea makes no warranty or representation regarding any linked website, the information appearing on those websites or any of the products or services described on those websites. Caldrea does not endorse, the information appearing on those websites or any of the products or services described on those websites.
6. REVIEWS AND COMMENTS. CALDREA.com includes information provided by other Caldrea customers, such as comments and product reviews. Caldrea is not in any way responsible for such information and does not warrant its accuracy. Your use of that information is at your own risk.
7. TRANSACTIONAL DATA. "Transactional Data" means all information collected by Caldrea, or to which Caldrea has access, that relates to the products you purchase and your use of CALDREA.com. You grant Caldrea a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Caldrea's internal business purposes, including the provision of products and services to Caldrea customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
8. INTELLECTUAL PROPERTY. You acknowledge and agree that all information and content that you access or that is made available to you through CALDREA.com, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Caldrea, its customers or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content.
9. DISCLAIMER OF WARRANTIES. ALL CALDREA'S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH CALDREA.COM ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." CALDREA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH CALDREA HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
CALDREA DOES NOT GUARANTEE THAT YOUR ACCESS TO CALDREA.COM WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH CALDREA.COM WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. CALDREA WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
SOME STATES DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES. THESE DISCLAIMERS MIGHT NOT APPLY TO YOU, AND THESE WARRANTY DISCLAIMERS WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY ANY FEDERAL, STATE OR LOCAL.
10. LIMITATION OF LIABILITY. CALDREA WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, CALDREA.COM OR CALDREA PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CALDREA.
IN NO EVENT WILL CALDREA'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF CALDREA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION HEREIN MAY NOT APPLY TO YOU.
11. ASSIGNMENT. Caldrea may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Caldrea.
12. GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and you consent to the jurisdiction of such courts.
13. GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.