Terms and Conditions for California Design Den

Agreement to Terms

Welcome to California Design Den! These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you” or “user”) and California Design Den (“we,” “us,” or “our”) concerning your access to and use of our website, California Design Den, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms. Our data collection and use practices are governed by our separate Privacy Policy, which you should also review.

If you do not agree with all of these Terms, or if you do not agree with the practices described in our Privacy Policy, then you are expressly prohibited from using the Site and must discontinue use immediately.

User Accounts

To make a purchase, you may be required to create an account. You agree to provide true, accurate, current, and complete information about yourself and to maintain the security and confidentiality of your password and account details. You accept full responsibility for all activities that occur under your account.

Electronic Communications: By creating an account or placing an order, you consent to receiving electronic communications, such as emails and notices posted on our Site, related to your transactions, your account, and marketing (unless you opt out).

Prohibited Conduct

You agree not to use the Site to engage in any activity that is unlawful, fraudulent, or harmful, or to violate any applicable law or the rights of others. This includes, but is not limited to, infringing on intellectual property rights, introducing malicious software, or attempting to gain unauthorized access to our systems.

Termination of Access: We may, at our sole discretion and without notice, terminate or suspend your access to the Site immediately, for any reason, including, without limitation, a breach of these Terms.

Orders, Payment, and Sales Tax

We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies in product or pricing information, or issues identified by our fraud avoidance department. We will charge sales tax as required by applicable law. By providing a payment method, you represent and warrant that you are authorized to use it.

Shipping and Returns

All purchases from our Site are subject to our Shipping and Returns policies, which are available for review on our Site. Risk of loss and title for items purchased pass to you upon our delivery to the carrier.

Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of California Design Den or its content suppliers and is protected by United States and international intellectual property laws. All rights not expressly granted are reserved by us.

User-Generated Content

If you post reviews, comments, photos, or other content (“User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, translate, distribute, and display such User Content in any media. You affirm that you own or control all rights to your User Content and that it complies with these Terms and applicable laws. We reserve the right, but not the obligation, to monitor and remove User Content.

Disclaimers and Limitation of Liability

The Site and all products and services are provided “as is” and “as available” without any warranties, express or implied. To the fullest extent permitted by law, in no event shall California Design Den be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or any products procured from the Site.

Indemnification

You agree to defend, indemnify, and hold harmless California Design Den and its affiliates from any claims, damages, losses, and expenses (including attorneys’ fees) arising from your use of the Site or your violation of these Terms.

Dispute Resolution

Governing Law: These Terms shall be governed by the laws of the State of California.

Binding Arbitration: Any disputes or claims arising from these Terms or your use of the Site shall be resolved exclusively through binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules. The arbitration will be held in [Insert County], California, by a single arbitrator, whose decision shall be final, binding, and enforceable in court. Both parties waive any rights to trial by jury.

Promotions and Gift Cards

Gift cards and promotional offers provided by us are subject to separate terms provided at issuance. Gift cards are non-refundable, non-transferable, not redeemable for cash, and must be used within specified timeframes, if any.

General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Site. Our practices concerning personal information are governed by our separate Privacy Policy.

Severability: If any provision of these Terms is held to be invalid, the remaining provisions will continue in full force and effect.

Accessibility: We strive to make our Site accessible to all users, including individuals with disabilities. If you encounter any difficulties or have suggestions regarding accessibility, please contact us at [Insert Accessibility Contact Info].

Force Majeure: We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, pandemics, governmental restrictions, disruptions to supply chains, labor disturbances, or network or power outages.

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