Terms of Use
Last revised November 1, 2021. PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.
1. This “Site” (as defined below) is owned and operated by The Calico Group, Inc. on its own behalf or in combination with one or more of its affiliates (collectively referred to herein, solely for ease of reference, as “CALICO”, “us” or “we”). These terms and conditions of use (“Terms of Use”) govern your use of the CALICO website at www.thecalicogroup.com (the “Site”) and any other online and mobile websites, blogs and interactive applications operated by CALICO (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. By accessing or using the Site, you agree to be bound by these Terms of Use and Privacy Policy, which form a legally binding agreement (the “Agreement”). If you do not agree to be bound by the Agreement, please do not use the Site.
1. Eligibility. The Site is intended solely for users who are (i) twenty one (21) years of age and older; or (ii) eighteen (18) plus years of age and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty one (21) years of age or older, or that you are at least eighteen (18) years of age and you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
2. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
OWNERSHIP OF THE SITE AND CONTENT
3. All pages within this Site, and any material made available for download, unless otherwise noted, are the property of CALICO. The Site is protected by United States and international copyright, trademark, and other intellectual property and non-intellectual property laws. The content of the Site, including, without limitation, the files, documents, text, photographs, images, audio, video, domain names, code, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by CALICO in writing. Any use of the Content other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Content. You agree to report any violation of this Agreement by others of which you become aware. You are advised that CALICO will aggressively enforce its rights to the fullest extent of the law. CALICO may add, change, discontinue, remove or suspend the display of or access to any of the Content at any time, without notice and without liability.
4. License to the Site. CALICO grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use. You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics, images, or photographs available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. You have no right to sublicense the license rights granted in this section. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of CALICO or any third party, except as expressly provided herein.
5. License Granted by User. CALICO may, in its sole discretion, permit users to post, upload, publish, submit or transmit user content, including content that a user posts, uploads, publishes, submits or transmits to be made available through the Site. By making available any user content on or through the Site, you hereby grant to CALICO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such user content only on, through or by means of the Site, without notification to and/or approval by you. CALICO does not claim any ownership rights in any user content, and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any user content.
You acknowledge and agree that you are solely responsible for all user content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all user content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to CALICO and to the rights in such user content, as contemplated under these Terms of Use; and (ii) neither the user content nor your posting, uploading, publication, submission or transmittal of the user content or CALICO’s use of the user content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
UNSOLICITED SUBMISSIONS
6. CALICO is pleased to hear from its visitors and welcomes your comments regarding CALICO products and services. CALICO’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by CALICO’s or its affiliates’ professional staff might seem to others to be similar to their own work. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, CALICO may freely use the submission, in whole or in part, for any purpose without any obligation to you.
CODE OF CONDUCT
7. In accessing and using this Site, you agree that you will not:
8. Engage in any fraud or misrepresentation, including, without limitation, impersonating another person or entity, providing us with the personal information of another person without permission, or adopting a false identity if the purpose of doing so is to mislead, deceive, or defraud.
9. Use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
10. Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means.
11. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others, such as names or email addresses.
12. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
13. Interfere or attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
14. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from CALICO on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
15. Violate any applicable law, rule, regulation, or ordinance. Non-United States Residents: CALICO operates the Site in the United States. CALICO makes no representation that the materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
16. Infringe or violate another person’s rights, including privacy and intellectual property rights.
Violations of system or network security may result in civil or criminal liability. CALICO will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
ACCOUNT
8. You may be required to create an account to access or use certain areas of the Site. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username). If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account, and your device(s). You agree to accept responsibility for all activities that occur under your account or password, and you agree not to sell, transfer or assign your membership or any membership rights. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. We reserve the right to terminate your password and account at any time in our sole discretion, with or without notice, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
PRODUCT PURCHASES
9. Products and Pricing.
10. All products listed on the Site are subject to change, as is product information, pricing, and availability. CALICO reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice.
11. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to decline or cancel any such orders.
12. If you receive a product and it is not as described, your sole remedy is to return it in unused condition in accordance with CALICO’s return policy.
13. Payment Terms.
14. For each product you order from an authorized CALICO representative, you agree to pay the price displayed on the product page or quote at the time of your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable taxes. CALICO will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so. Other payment forms will be managed on a case-by-case basis.
15. Unless it is expressly stated in these terms or on the applicable product page, all payments are non-refundable.
16. CALICO reserves the right to limit or refuse the return of certain merchandise, such as special or custom orders, assembled or altered components, and personalized items. Please review the Return Policy on our Site for more details.
ACCURACY OF INFORMATION; DISCLAIMER OF WARRANTIES
11. Although CALICO attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness, reliability, or accuracy of the Site and Content thereon. Information and Content contained on the Site may be changed or updated without notice. CALICO reserves the right without prior notice to discontinue any products or other items displayed on the Site without incurring any obligations.
12. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. CALICO assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. CALICO is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer, or mobile device equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. YOU (AND NOT CALICO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
13. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CALICO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CALICO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CALICO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, MATERIALS, OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
LIMITATION OF LIABILITY REGARDING USE OF SITE
14. CALICO AND ANY THIRD PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF CALICO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE OF NEVADA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under Nevada Civil Code, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. CALICO makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by CALICO. Views and opinions of users of the Site do not necessarily state or reflect those of CALICO. Users are responsible for seeking the advice of professionals, as appropriate, regarding the Content available as part of the Site. The Internet may be subject to breaches of security. CALICO is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the Internet. CALICO makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
EXCEPTIONS
15. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CALICO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
16. BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR CALICO’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CALICO’S DEFENSE OF ANY CLAIM. CALICO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF CALICO.
LINKED SITES
17. This Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”), which may or may not be obvious, as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties. CALICO does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, legality, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available, on or at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links, content, products, or services located on any such third-party site. The presence of a link to a third-party site does not constitute or imply CALICO’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Site.
LINKING POLICY
18. If you link to the Site, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of CALICO. The link to this Site must not damage, dilute or tarnish the goodwill associated with any CALICO names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with CALICO. You may not “frame” the Site or alter its intellectual property or material in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by CALICO in its sole discretion. CALICO reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that CALICO deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms of Use. CALICO is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Site may be linked or from which this Site may be accessed.
PROMOTIONS
19. Periodically, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
PRIVACY POLICY
20. User Agreement. This Site is owned and operated by The Calico Group, Inc, on its own behalf or in combination with one or more of its affiliates (collectively referred to herein, solely for ease of reference, as “CALICO”, “us” or “we”). This privacy policy (“Privacy Policy”) applies to your use of the CALICO website located at www.thecalicogroup.com and any other online and mobile websites, blogs and interactive applications operated by CALICO (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). This Privacy Policy discloses what type of information is collected, the methods used to collect it, how CALICO utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. For some states, special rules may apply. Please read this Privacy Policy carefully. Your use of the Site indicates that you have read, accepted and unconditionally agreed to the CALICO privacy practices, as outlined in this Privacy Policy and any other applicable terms. The Terms of Use for this Site, located at https://www.thecalicogroup.com, are incorporated herein by this reference. For purposes of this Privacy Policy, personally identifiable information (“PII”) is personal information about an individual, such as a first and last name, phone number, email address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.
21. Information We Collect. CALICO strives to provide our visitors with information relevant to their particular desires, needs and/or interests. The information we gather helps us to better serve our purpose. We may ask you to provide us with demographic information, information regarding your interests or other PII. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site’s features. CALICO actively and passively gathers, analyzes and/or stores PII and other information generally by way of a few different sources: (1) the PII voluntarily submitted by visitors when using or registering to use or receive our products, services or offers, or when submitted to us via our contact form; and (2) by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, user location, device type, browser types, IP addresses, and other data. We do not collect PII through advertisements on our Site, and the PII we collect is not shared with third parties except as set forth herein. We will make reasonable efforts to destroy, erase or make anonymous any PII that is no longer required to fulfill the original purpose for which it was originally collected.
22. Usage Information. When your computer or mobile device contacts our web servers (for example, when you visit this Site, or view an HTML email), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, location, device type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email, advertising or promotional announcement or similar service. This information is used to analyze and improve this Site and to provide you with a more fulfilling and relevant experience.
23. Browser Cookies. Like many websites, we may use browser “cookies.” Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent.” Session cookies are deleted from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site. Also, we will use cookies to monitor and maintain information about your use of this Site. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a predetermined schedule. For example, in the Internet Explorer menu bar, select: Tools > Internet Options > Browsing History > Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site.
24. Use of IP Addresses. An IP address is a number that is assigned to your computer, device or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.
We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
25. Sensitive Information. CALICO uses modern technological efforts to ensure the safety of your sensitive information. No website, Internet transmission, computer system or wireless connection is completely secure. CALICO cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site is at your own risk. Whenever you give CALICO sensitive or confidential information, CALICO will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. CALICO uses an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable, and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to CALICO, and you do so at your own risk.
26. CALICO may contain links to, or advertisements about, non-CALICO websites. Other sites may also reference, advertise, or link to CALICO Sites. CALICO does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-CALICO sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of when you leave this Site and to read the privacy policies of each and every website that you visit.
27. Consent to Processing. By using our Site, participating in any of our services, purchasing our products, and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
28. Children. We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. The Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. The Site is not aimed at nor intended for children under the age of 18. If you are under the age of 18, please do not use the Site. If CALICO discovers that a person under the age of 18 has provided CALICO with any PII, CALICO will use commercially reasonable efforts to delete such person’s PII from its system.
29. Sharing Information. CALICO does not sell, rent or lease its customer lists to third parties. If you opt in to receive communications from a third party, such as a dispensary, your information will be subject to the third party’s privacy policy and not this Privacy Policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, CALICO may share your PII with third parties under the following circumstances:
Third Parties Providing Services on Our Behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) content providers; (b) product customization, (c) marketing and promotional material distribution, (d) website evaluation, (e) data collection, storage, management, analysis and, where applicable, cleansing, and (f) any other services designed to assist us in maximizing our business potential. These third parties may have access to this Site’s user information, including PII, to the extent it is needed to perform their duties and functions.
CALICO Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of CALICO, or any of our respective affiliates, business partners, customers or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. An example of such non-personal information includes the number of users who visited this Site during a specific time period.
30. Corporate Change. In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of CALICO’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via email or prominent notice on our Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, CALICO specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from this Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.
31. Third-Party Advertisements. We may from time to time use various outside ad-serving or other companies to serve advertisements and/or collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third-party web beacon to collect this information. Our Site does not recognize browser “Do Not Track” signals, but several of our service providers who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. This web usage information may be combined with other ad delivery information the ad-server has collected from your visits to our Site and other websites not affiliated with CALICO. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see on our Site and on other websites not affiliated with us.
32. Accessing, Correcting, and Updating Personal Information. You can access, correct and update certain personal information that you have provided to us, if any, by emailing us using the “Contact” page on the Site. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
33. Your Choice/Unsubscribe. You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally, you may send us a message using our “Contact” page. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.
34. GDPR Compliance. CALICO Research is compliant with the requirements and regulations of; The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU). (See GDPR Compliance Statement tab).
In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
MODIFICATION/TERMINATION BY CALICO
34. CALICO reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, and/or your use of this Site, or any portion thereof, at any time for any reason with or without notice to you. Should CALICO take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties and indemnification obligations made by you, and by the disclaimers and limitations of liability. Additionally, CALICO shall not be liable to you or any third party for any removal of information concerning your account or termination of your access to the Site. CALICO will determine your compliance with this Agreement in its sole discretion, and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of CALICO. Upon termination of your account or access to the Site, or upon demand by CALICO, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that CALICO will aggressively enforce its rights to the fullest extent of the law. All applicable provisions in these Terms of Use shall survive any termination of these Terms of Use.
35. In its sole discretion, CALICO may from time-to-time change, modify, update, discontinue, remove, revise, delete or otherwise change these Terms of Use and Privacy Policy. For changes to these Terms of Use that we deem material, we will send an email notice regarding the updated policy or policies and/or post a prominent notice on the Site. If you access or use the Site in any way after the Terms of Use have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Use will be available on https://www.thecalicogroup.com will supersede all previous versions of these Terms of Use. CALICO encourages you to periodically review these Terms of Use.
GENERAL
36. Severability. In the event that any of the Terms of Use are held by arbitrator(s), a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
37. International Visitors. CALICO makes no representations or warranties that the content or materials of the Site are appropriate or lawful in any countries outside the United States, or that this Agreement complies with the laws of any other country. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
38. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to principles of conflicts of law that would cause the application of any other jurisdiction’s laws, which are hereby specifically disclaimed by the parties with respect to the foregoing.
39. Assignment. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of CALICO, and any attempt to do so is void.
40. Entire Agreement; No Waiver. These Terms of Use and the Privacy Policy constitutes the entire agreement between you and CALICO regarding the use of the Site and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Use and Privacy Policy may not be amended, nor any obligation waived, without CALICO’s written authorization. CALICO’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
DISPUTE RESOLUTION
41. CALICO is committed to working with you in the event of a dispute. If you have a problem or dispute, you must first notify CALICO and give CALICO an opportunity to resolve your problem or dispute amicably. This includes you first sending a written description of your problem or dispute using the following:
Email Address:
Mailing Address:
The Calico Group
2801 Via Fortuna
Suite 675
Austin, Texas
USA
You agree to negotiate with CALICO in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after CALICO’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
ARBITRATION: You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of these Terms of Use, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate CALICO’s or any third party’s intellectual property rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by CALICO and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) in the State of Nevada. For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with CALICO as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, CALICO agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU CONTACTED CALICO VIA ITS SITE CONTACT PAGE OR VIA EMAIL FOR THE FIRST TIME, AS RECORDED BY CALICO’S SYSTEMS THAT TRACK CONTACTS, YOU MAY OPT OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO [email protected]. Please provide your full name, address (including street address, city, state, and zip code), and email address to which the opt-out applies. This procedure is the only way you can opt out of this agreement to arbitrate. Any opt-out received after the thirty (30) day time period will not be valid, and you must pursue your claim via arbitration pursuant to these Terms of Use. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with CALICO.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND CALICO BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Arizona. You hereby accept the exclusive jurisdiction of such court for this purpose.
In no event shall any claim, action or proceeding by you related in any way to the Site or Terms of Use, be instituted more than one (1) year after the cause of action arose.
For any questions, suggestions, or concerns related to these Terms of Use, please email us using the “Contact” page.
© 2021 The Calico Group, Inc. All rights reserved. The Products may be protected by U.S. patents, with other patents pending in the USA and elsewhere. CALICO and other marks indicated on our website and the logo forms of the foregoing marks are trademarks and/or service marks of CALICO and may be registered in the United States or in other jurisdictions including internationally.
