CaliBorn Apparel Terms of Service
The following Terms of Service (“Terms”) between you (“you” or “your”) and Caliborn.la. (“we,” “our,” “us,” or “CB”) describes the terms and conditions on which you may access and use the CaliBorn website located at caliborn.la (the “Site”), the CaliBorn mobile app (the “App”) and related services including CB’s product sale services (together with the Site, the App, and the CB Content, as defined below, the “Services”). These Terms also apply to in-store sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
- About the Services
- Sale of Products
- Use of the Services
- Intellectual Property
- Disclaimer of Warranties; Limitation of Liability
- ABOUT THE SERVICES
Through the Services, we aim to give you pre-sale access to new products and instant discounted prices on all CaliBorn clothing and accessories.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
- Modification of the Services or the Terms
CB may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, CB will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to CB upon registration.
- SALE OF PRODUCTS
- General Conditions
The Services include pre-sale access to new products and instant discounted prices on all CaliBorn clothing and accessories. This Section 2(A) sets out terms and conditions that apply to your membership and the purchase of any Product.
18 YEARS OR OLDER. Products may be purchased for use by individuals under 18 years of age, but we sell only to adults, who may purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any sales of Products for any reason, including but not limited to availability concerns.
DELIVERY. Your Products may be ordered and couriered to you on the same day for certain orders placed by 2 p.m. for delivery in Los Angeles, subject to the additional delivery charge specified on the Site. Otherwise, all deliveries outside of Los Angeles will be through CB’s shipping partners, which may change from time to time at CB’s discretion. The shipping method used will be at the discretion of CB.
Returns & Exchanges
If you are not satisfied with your order for any reason, we will accept the return of full-priced items that are in new, unused condition, with original tags attached and when accompanied by an original CaliBorn receipt/invoice or gift receipt. Returned items must not be washed, worn, or altered. We do not accept returns of swimwear, underwear, or custom-made items.
Credit for your returned item(s) will be refunded back to your account in the same form of payment in which it was received. The credit should appear on your next statement. You will receive an email confirming the completion of return processing.
You have two options for returning/exchanging merchandise purchased online: by mail or in-store. All returns/exchanges of online orders, whether by mail or in-store, must be returned within 30 days from the day the order was shipped.
Option 1: By Mail
To return or exchange by mail, please follow these instructions:
- Complete the required information on the packing slip included with your package.
- Securely pack your merchandise, making sure to include all pages of the packing slip. Please try to use the original shipping box and materials.
- Affix the pre-addressed and pre-paid return label to your return package.
- For purchases made on caliborn.la, mail your return package at any US Postal Service office or FedEx drop-off location, or hand off your package to your US Postal Service mail carrier or Federal Express driver.
FINAL SALE ITEMS:
We do not accept returns or exchanges of items purchased on sale at any time. All swimwear, underwear, altered or custom-made merchandise and sale items are considered Final Sale.
- CB Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, and photos and comments from other users (“CB Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The CB Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any CB Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the CB Content.
UPDATES We may update the CB Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
- Third-Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-CB websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and CB is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from CB, and CB has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that CB endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
- Acceptable Use Policy
USE OF CB CONTENT. No part of the Services, including the CB Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that CB authorizes you to view, copy, download, and print CB Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the CB Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the CB Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the CB Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which CB considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a CB representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend CB and its officers, directors, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these terms. Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend CB and its officers, directors, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
- Your Content
If you post, upload or make available to CB or the Services, or otherwise submit to or through CB as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to CB a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize CB to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
- Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify CB promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the CB Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
- Job Postings
CB may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
- Ownership of the Services
The Services, including the CB Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of CB and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “CaliBorn LLC” and the CB logo are registered trademarks of CaliBorn LLC, under the applicable laws of the United States and/or other countries. Other CB product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of CB and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. CB and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any CB Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of CB or such third party that may own such CB Content.
- Services License
Subject to your compliance with these Terms, CB grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that CB may use your Feedback without restriction or obligation to you or any third party.
- Notice and Take Down Procedures; Copyright Agent
If you believe any CB Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting CB’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
CB’s agent for copyright issues relating to the Services is as follows:
Copyright Agent CaliBorn LLC. 2900 east Cesar E. Chavez, Los Angeles, CA 90033 E-Mail address: CopyrightAgent@CALIBORN.LA
In an effort to protect the rights of copyright owners, CB maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers./p>
- Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
- Termination By CB
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. CB may also terminate your account if CB determines that your conduct poses a risk or liability to CB or for any other reason as determined by CB in its sole discretion.
- Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9./p>
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by CB in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and CB’s sole and exclusive liability for a breach by CB of the limited warranties set out in Section 2(B) shall be, at CB’s option, CB’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
- Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, CB DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE CB CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CB BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF CB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.