Terms of Service

Overview

Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Cali Web Design's liability and other provisions that affect your legal rights.

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Cali Web Design. This Cali Web Design Services Terms of Services Agreement (“Agreement”) is a legal agreement between Cali Web Design Services. (“Cali Web Design Services”, “Cali Web Design Services”, “Cali Web Design”, “us”, or “we”) which controls and operates the online services from its headquarters at P.O. Box 415 Nottingham, PA 19362 and the entity or person (“you”, “your”, or “user”) who registered on the getting started page to receive website or digital marketing services, and other business services that may be offered by Cali Web Design Services and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services. If you do not understand any of the terms of this Agreement, please contact us before using the Services. You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

Cali Web Design may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. Cali Web Design may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Introduction

This Agreement provides a general description of the services that Cali Web Design Services may provide to you, including creating websites for your organization. We provide you with a more detailed description of the services through YouTube videos and additional resources we make available to you on our website. Before using the services, you must register by contacting us using our website, by email, or by phone. Businesses Cali Web Design only allows businesses (including Sole Proprietors), bona fide charitable organizations, and other entities or persons located in the United States are eligible to apply for a Cali Web Design Services account or to use the services described in this Agreement. Cali Web Design Services and its affiliates may provide services to you or your affiliates in other countries or regions under separate agreements. To register for a website with us, you or the person or people submitting the application (your “Representative”) must provide us with your business or trade name, physical address, email, phone number, URL, the nature of your business or activities and what the website needs to do, and certain other information about you that we require.

We may also collect personal information (including name, phone and email) about your beneficial owners, principals, and your Cali Web Design Services account administrator. Until you have submitted, and we have reviewed and approved, all required information, your Cali Web Design Services account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason. You and your Representative individually affirm to Cali Web Design Services that (i) your Representative is authorized to provide the information described on your behalf and to bind you to this Agreement and (ii) your Representative is an executive officer, senior manager or otherwise has significant responsibility for the control, management or direction of your business. We may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority. Without the express written consent of Cali Web Design Services, neither you nor your Representative may register or attempt to register for a Cali Web Design Services Website on behalf of a user Cali Web Design Services previously terminated from use of the Services. If you are a sole proprietor, you and your Representative also affirm that your Representative is personally responsible and liable for your use of the Services and your obligations to Customers, including websites and digital marketing of any sort.

Cali Web Design Services Website Development

Cali Web Design offers Web Development services to customers, Cali Web Design may provide a tracking link or demo link to view the development process of the website. Cali Web Design may provide a date of completion to you, the date we tell you is only anticipated to be completed is not a guarantee and is provided for convince. Cali Web Design reserves the right to remove your website from our systems and platform for any reason or no reason at all. Cali Web Design does not permit websites that do the following "Adult Content", "Multi Level Marketing", "Websites that promote scams", and to find more restricted types go to our Restricted Business Page. In the event your website is removed from our service your money can not be refunded. We can remove your site and keep the initial deposit. Cali Web Design Services we can also change this agreement at anytime with user and customer notice. If you terminate your website service, Cali Web Design allows customers to export their website to a different provider for a fee, if you don't export your website Cali Web Design will retain your website and its files and content for 60 Days before deleting it from our systems.

Cali Web Design Services Marketing

Here we specify what is delivery with our marketing services, What we mean by delivery we mean that website visitors are a form of delivery and constitute payment, we do not guarantee or promise sales but rather we promise website visits to your website. Cali Web Design Services is a Digital Marketing company but all we do is run advertising on popular platforms thus we cant promise sales or sign-ups but rather we can get you traffic to your website.

Cali Mail & Email Services

Cali Web Design Services offers Email Services to clients that have an active Web Hosting account and subscription with us. Use of the Cali Web Design Mail System also known as Cali Mail is subject to the following terms:

• You may not use Cali Mail or any Cali Web Design Email Systems for illegal activities including aiding in or actively participating in terrorism crimes, financial crimes, war crimes, or any other crimes under United States Federal Law.
• You may not use Cali Mail, Cali Mailing Lists or any part of the Cali Web Design Mail System for spamming, phishing, fraud, or any deceptive practices.
• Cali Web Design reserves the right to flag messages as spam as we see fit using a spam protection system.
• Cali Web Design reserves the right to rate limit, or limit the amount of email someone can send per hour, per day or per month for any reason or no reason at all.
• You may not use Cali Mail or any other part of the Cali Web Design Email Systems to distribute pornography, or adult content in any manner.
• You may not use the Cali Web Design Mail System or Cali Mail to send mass marketing emails unless your business had been approved to do so by Cali Web Design Services, and your business adheres to the CAN-SPAM Act outlined by the United States Federal Trade Commission.
• Every email that passes though the Cali Web Design Mail System also known as Cali Mail is end-to-end encrypted using TLS/SSL. Cali Web Design can't see any email content sent or received by you. Cali Web Design can see senders, recipients and subjects for logging and mail routing purposes.

Data Usage, Privacy, and Security

Protecting, securing, and maintaining the information processed and handled through the Services is one of our top priorities, and it should be yours too. This section describes our respective obligations when handling and storing information connected with the Services. The following terms used in this section relate to data provided to Cali Web Design Services by you or your Customers, or received or accessed by you through your use of the Services. “Personal Data” means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services. “User Data” means information that describes your business and its operations, your products or services, and orders placed by Customers. The term “Data” used without a modifier means all Personal Data, User Data, Payment Data, and Cali Web Design Services Data. Confidentiality: Cali Web Design Services will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorized by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and us. Neither party may use any Personal Data to market to Customers unless it has received the express consent from a specific Customer to do so. You may not disclose Payment Data to others except in connection with processing Transactions requested by Customers and consistent with applicable Laws and Payment Method Rules. To learn more about Data Security and Privacy go to our privacy policy here.

How we handle payments and processing them

We take payments via online checkout or an emailed invoice this is to mitigate fraud. When a payment is completed your card information is stored in a secure database unless other wise indicated by the customer on checkout. We will not bill your card unless your bill due date comes around of which is specified between us (Cali Web Design Services) and you (Customer). We also will not issue any refunds after 3 -5 days from delivery this is because we are either not able to or because your agreement specifies other wise. Certain services we offer there are no refunds such as "Cali Web Design Services Marketing" and other services offer a partial refund like "Cali Web Design Services App Development". To lean more about refunds go to our refund policy. You understand and agree that, when you register a payment card, Cali Web Design or its third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value temporary charge which typically is reversed within 3 - 5 business days.

Events beyond our control

Neither Cali Web Design nor any other Members of the Cali Web Design System have any responsibility for Cali Web Design's failure to perform any of its obligations under these terms cause by or related to any event beyond Cali Web Design reasonable control. If such an event occurs, then Cali Web Design's obligations under these terms will be suspended for the duration of the event; and Cali Web Design may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes

You agree that:

• Any claim or dispute (whether in contract, tort, or otherwise) you may have with Cali Web Design or any other Members of the Cali Web Design System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
• This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
• Prior to you or Cali Web Design initiating arbitration by filing a Notice of Claims with JAMS, you and Cali Web Design will engage in the informal dispute resolution process outlined in this paragraph. First, the party interested in pursuing a dispute related to the online services must give written notice to the other party of the party’s intent to initiate an informal dispute resolution conference (the “Notice”). The Notice shall contain: (1) the initiating party’s name; (2) the initiating party’s preferred contact information; (3) a brief description of the dispute; and (4) the relief sought. If you are the initiating party, the Notice must be sent via e-mail to admin@caliwebdesignservices.com. Second, within 60 days of the non-initiating party’s receipt of the Notice, or at a later date if you and Cali Web Design mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute by participating in a live telephone call or videoconferencing. If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and must participate in the conference as well. Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration. The statute of limitations and all arbitration filing fee deadlines shall be tolled while you and Cali Web Design engage in this process;
• If, following the informal dispute resolution process described in subpart 3 above, either you or Cali Web Design decides to file a Notice of Claims or some other type of demand for arbitration, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the legal claims being asserted; (3) a detailed explanation of the factual basis for those claims; and (4) a detailed explanation of both the nature and the amount of the relief sought. Filing a demand that does not include the above information may result in the rejection of your demand for arbitration;
• The arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Cali Web Design or other Members of the Cali Web Design System;
• The arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
• The arbitrator shall apply Pennsylvania law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
• No claims shall be arbitrated on a class or representative basis as you and Cali Web Design hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Cali Web Design; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Cali Web Design under this provision;
• You and Cali Web Design's empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrarily of any dispute and any claim that all or any part of these terms are void or voidable;
• In the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250 USD, Cali Web Design agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on your behalf, subject to ultimate allocation by the arbitrator. If you can demonstrate that the cost of initiating your claims in a court of law would be less than $250, Cali Web Design will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court. In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cali Web Design will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive;
• If more than 1,000 arbitration demands are filed against Cali Web Design relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth in subsections 3 and 4 above and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and Cali Web Design relating to that decision or those facts, then both you and Cali Web Design have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in Chester County, Pennsylvania or in the United States District Court for the Southern District of Pennsylvania by sending a written notice to the other party;
• With the exception of subparts 8 and 11 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either or both of subparts 8 and 11above are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Cali Web Design nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of Chester County, Pennsylvania or the United States District Court for the Southern District of Pennsylvania. If litigation ensues for any reason, both you and Cali Web Design agree to waive any right to a trial by jury. Further, neither you nor Cali Web Design shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Cali Web Design are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.

Miscellaneous

• Cali Web Design's makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
• These terms will be governed and interpreted pursuant to the laws of Pennsylvania, notwithstanding any principles of conflicts of law.
• Although these terms govern the online services as between Cali Web Design and you only (and neither Apple nor any other Members of the Cali Web Design System are parties to these terms), Apple and all other Members of the Cali Web Design System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Cali Web Design holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
• The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
• On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Cali Web Design and other Members of the Cali Web Design System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).
• Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlaw-ful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
• If Cali Web Design fails to insist that you perform any of your obligations under these terms, or if Cali Web Design does not enforce its rights against you, or delays in doing so, that will not mean that Cali Web Design has waived its rights against you and will not mean that you do not have to comply with those obligations.
• Cali Web Design may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Cali Web Design agrees in writing.

Additional Terms

We reserve the right to refuse service for any reason or no reason at all as long as it does not infringe on our core beliefs which are Cali Web Design Services will not discriminate or harass on the basis of race, color, creed, religion, national origin, political affiliation, weight, sex, sexual orientation, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog, domestic violence victim status or other protected categories under state and federal law. We will however deny services to business that are on the prohibited business list, any business that provides obscene or offensive content, any business that directly or indirectly threatens us, any person or persons. If you have questions on which content is allowed on our platform please contact us at support@caliwebdesignservices.com.

Linking to this website

Cali Web Design consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Cali Web Design; (c) imply that Cali Web Design approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Cali Web Design or otherwise damage the goodwill associated with the Cali Web Design name or trademarks. As a further condition to being permitted to link to this site, you agree that Cali Web Design may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of Cali Web Design trademarks.

Disclaimer of Warranty

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CALI WEB DESIGN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CALI WEB DESIGN MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CALI WEB DESIGN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CALI WEB DESIGN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.